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HomeMy WebLinkAbout5800 co MCNEILLY, ELLEN 26-1-5 R40 5587 LT ADDN'S/ALTS -SYSB 70 VINCENT ST ORIENT 5 CJST(? Pt 9• (q -04 Aro DNS(Avrs SFD SYS(6 QA io - 7-oy 6,' (1 „ M,;) S1S13 Sae Ge il-n-or a44ns /a.ct s st(s8 •all/oS oto ctlaft 4.24.9-n r • ,l, -- APPEALS BOARD MEMBERS ,l'$$ * WO Southold Town Hall Ruth D. Oliva,Chairwoman p• 53095 Main Road•P.O. Box 1179 • Gerard P. Goehringer # Jit Southold,NY 11971-0959 Vincent Orlando : Office Location: James Dinizio, Jr. :*/), eO tTown Annex/First Floor,North Fork Bank Michael A. Simon ••; .YCOU *<"1• 54375 54375 Main Road(at Youngs Avenue) ,,,1 Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RE E4 IVSD TOWN OF SOUTHOLD (�1,� A Tel. (631)765-1809•Fax(631)765-9064 JAN 4 2006 FINDINGS, DELIBERATIONS AND DETERMINATION Southold TTOWClerk MEETING OF DECEMBER 1, 2005 ZB File No. 5800— Ellen McNeilly Property Location: 70 Vincent Street, Orient CTM 26-1-5 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 13,068 sq. ft. parcel has 104.40 ft. frontage along the east side of Vincent Street, and is improved with a two-story, single-family dwelling and detached garage, as shown on the April 30, 1985 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's October 18, 2005 Notice of Disapproval, citing Section 100- 242 in its denial of an application for a building permit to construct a proposed dormer extension with interior alterations to the dwelling, for the reason that the new construction will increase the degree of nonconformance when located at 5.3 feet, instead of the code required 10 ft. minimum side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 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 applicants wish to construct a new dormer extension 13'6" by 17' over the northeast section of the existing dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing house has two bedrooms upstairs, the smaller of which will be converted to closets and a passageway to a new larger bedroom to the east of the bathroom. The Board Members viewed the applicant's cardboard model of the proposed dormer addition during the November 17, 2005 public hearing. The design of the dormer does not extend a full story out to the side of the dwelling with angled roof line extending away from the building line that exists at 5.3 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Any type of change in construction that affects the height of the roof line on this side of the house would require some variance relief. Page 2—December 1, 2005 • ZB File Ref.5800—Ellen McNeilly CTM 26-1-5 3. The variance granted herein is substantial and is the maximum the board would approve with regard to the nonconforming 5.3 ft. side yard that exists. 4. The difficulty was self-created since it has been known for many years that the building is very close to the side property line and does not meet the code required 10 ft. minimum. 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 dormer addition with alterations to the existing dwelling, 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 Orlando, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the applicant's November 2, 2004 survey prepared by Peconic Surveyors, P.C. with the applicant's hand-drawn location of the proposed dormer extension, and elevation diagrams prepared 2/12/04, revised 10/15/05, subject to the following condition: That a gutter downspout drainage system be installed to fully contain roof water runoff into a drywell. 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 (5-0). »o , k . Ruth D. Oliva, Chairwoman /a 30 /CY Approved for Filing :51 ) w *s Iva t U j d�, COUNTY OF SUFFOLK 1.1 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING April 14, 2006 Ms. Ruth Oliva, Chair RECEWED Town of Southold ZBA APR 2 1 2006 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 ZONING BOARD OF APPEALS Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants) Municipal File Number(s) Gould, Jennifer 5781 Premium Wine Group 5784 McNeilly, Ellen 5800 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 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 N I . SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD N/On- Bf' 'r JANE BOND AR uK SUFFOLK COUNTY, N. Y. ,�3a 1000-26-01-05 s82 "E ,� z SCALE: 1'=20' tit _ h2� 121.85' NOVEMBER 2, 2004 420• H 'mz - WALL 0...11v D Qri'' O es FR a g's h O ■ w IZI UV I nI. Lits; ost. OCT 2 4 2005 k km T gc I Lc I i S 'a > ei Fj I 4 IN r6.1 ;- FENCE i : N . 4' 9.1 47.9' SYKE x� ,w 2 S7Y <n FR GAR. h Oran!GRA krt. al%L£wAr Vr iv > Hi ES, 22.r 1 ars ( o •w O cc asp N852350"W x x A. % WALL b ^KEDGE -II n2.2:g134.88' O I 2 N/O/F JOANN T. & WILLIAM H. z WILLOW STREET cfSELL w y o 1( EOF NEtq Y N S T. MEtc, def- 2 I �`,N Y Ll NO. 49618 �`'IIf`4.1' ANY AL TERA PON OR ADOIPON TO THIS SURVEY ISA VIOLA PON iP C• �' Sl/"'`" ��m�f>'.'.'.• OF SECTION 72090F THE NEW YORK STATE EDUCA77ON LAW. '��}'�=,�0 EXCEPT AS PER SECTION 7209—SUBDIVISION 2 ALL CER PFICAPUNS (631 7% - "� � (6 1) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F PP.O. JO y9. t-. ;> FltioU ,vG ,, r _; 4 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 fit- ' L J " - " - /=//LM .3G�/�3�..Ob�c`C' i' -�f- I; WHOSE SIGNATURE APPEARS HEREON. 4 " 0-,239 6LAND bJ . lf F.,crclI e OCT 2 4 2005 o N/O/F Bfm JAN: BOND PN,tVtie ARCHLIK 0 Min S82O8'S0"E- CA- ce �,3� kesadh 1f 4' 2 u.8' am .I 's > n c 420' 3`G w �.\ s.., 121.BS' µ-A[1^ T q eny a Q m 2STr- ' i a ' I- 43 E c oIs c 'I p FR HSE 4 U »' a 9'w i I V" /6.0. .1.0• \t 0. i -. Io R lir I Iliol 29.0' ��\ z » 4i .� i U) 0 DECK \ S ' �pF NEW y I N C 9 WALKWAY .--v Q 1%. } /O _� S MET2Ct� S 0 GI5 - acv gyp, :0 R m c ss i * v',' v,M1`', * + �� Ali r I ,. -1'- ' l�0� % 48601 J rr W :. ,c, 9- �SF6 LAND SV z c Z O -Q-A >t - 8.3', FENCE N N 4,Y' • 41.9' SPIKE - X I 2STY FR GAR. N3 `° oQ V ant GRAVEL OKILEWAY V 0� ti MON FE fl; 0,l S FENCE J.5 L a43 X—�X �l-h� HALL N85 23 50"W FE '04) HEDGE h2.zs 134.88' re 1 N/O/F JOANN T. 8c WILLIAM H. GESELL w N 9 IN 2 ANY ALTERATION OR ADDIDON TO THIS SURVEY l5 A VIOLATION OF SECT/ON 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 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I • ( .1 1 nit- -- L ad 111 FORM NO. 3 NOTICE OF DISAPPROVAL OCT 2 5 s Za �5 DATE: October 18, 2005 TO: Ellen McNeilly 70 Vincent St. Orient,NY Please take notice that your application dated October 14, 2005 For permit to construct an addition to an existing single family dwelling at Location of property: 70 Vincent Street, Orient County Tax Map No. 1000 - Section 26 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed addition to a non-conforming single family dwelling, on this non-conforming 13,000 square foot parcel, in the R40 District, is not permitted pursuant to Article XXIV Section 100-242 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 on this lot notes a side yard setback of approximately 5.3'feet. The proposed addition notes a dormer extension at approx. 5.3' as a side yard setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of nonconformance. Pursuant to Article XXVI, Section 100-244,parcels measuring less 20,000 square feet in total size, require a minimum side yard setback of 10' feet. And thorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. • 0 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on THURSDAY, NOVEMBER 17,2005: 10:00 a.m. ELLEN J. McNEILLY #5800. Request for a Variance under Section 100-244, based on the Building Inspector's October 18, 2005 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling, which will constitute an increase in the degree of nonconformance when located at less than 10 feet from the code-required minimum side yard, at 70 Vincent Street, Orient; CTM 26-1-5. 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: October 24, 2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski �; ,r APPLIITION TO THE SOUTHOLD TOWOARD OF APPEALS c For Office Use Opfly 1�T Fee:S\c6) Filed By: tali Date AsslkneQ ).E D I J 0 uv Office Notes: r OCT 2 4 2005 + a..f' let Parcel Location: House Nb. PO Street Vi ti/ rp�1- SCTM 1000 Section 2.6 Block Lot(s) S Lot Size/9,449-lone District R- I (WE)APPEAL THE WRITTEN DSTERMINATION OF THE BUILDING INSPECTOR DATED: Q//g P? Applicant/Owner(s): ELGtAJ J IbicAle; �( �r ling Addles a©>C site r O rP I«qq Address: (�- © . , . Telephone: 3'7.-3 "-SC? ice( 'I ` '3 2-3"/ r4 NOTE: U applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Du/ y� Address: /-i- Telephone: t{44G.. Please specify who you wish correspondence tb be mailed to, from the above listed names: yi<Applicant/Owner(s) 0 Authorized Representative 0 Other: / WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 7 2ff Or FOR: ,Buiiding Permit. _ _ 0 Certificate of_Orrnpancy_ O Pre Certifleate-of-Occupaut.y - O Change of Use O Permit for As-Built Construction U Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the co e. Article Section 100- 2- Subsection -Type ofAppeal ArrAppeatiS made r: O A Variance to the Zoning Code or Zoning Map. O A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code,Article Section O Reversal or Other A prior appeathas O has not been made with respect to this property UNDER Appeal No. 'cp ear'IZl / . r • • ' 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: /9L77 plJ l5 ccav&ltl 44.11. CDn75i57t✓1- w/nf- y%srie /f9-u c FWWYYgiw-4-ND CotlSrA y7&ui rr t�e-� Ain- d1� P £y>snA ta--.ay$ -ct ,vct 4c% %�� /200f/ 4f', (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: 7 tt - E4Q rrM( F0114-417:0x/ Rat affilly 29Ahb ( f/I-OW-nod wr *' ' -t- lsnA.r1- . (3) The %,mount of relief requested Is not substantial because: /T(V .I baarOt e CA-72/£44A-4 CE l , •4�-D �t rs A . r'zer F . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: lulu_ Npr 4e Oca 0c 5'7e o C bacon✓ ac Glc s r a y /v`(cr-a 1€1/00 A (5) Has the variance been self-created? N.) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ()() No. p/i .6.jCjSrvi.,t — sei-640c 'to e,s, ri/t-/,7r (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) This is the MINIMUM that is neret ary and-adequaterand-at-the--same protects the character of the neighborhood and the health, safety, 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.) •t e ;y e • ease • ocee• o e • is e • , • notary area below. +/ Sign-`ire of'Appellant or Authorized gent Sworn to before me this 8 9' (Agentmust submit-Authorization fro Owner)- (Notary Public)Ibtsr1 , . , �yT ZM App 9/30102 cononla1/414; 2010 r • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): _ I. If building is existing and alterations/additions/renovations are proposed: - A. Please give the dimensions and overalls are footage o ctensions be and existi bu it in : 9F-cot-� Dimensions/size: iIP X ?-Y' tb.it, Fir I4 )( IO le(,t,t.S AbDF� Sero2G1 Square footage: • 36.. 4f USA Ate We / 'ta • i o,t.) AtbtTWO ON CicJ�744.JGrfta7J S. Of �sr7/ts^' 12.00 B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: . •_/,f _� ,i fl. d.l . i .. Square footage: sS-n,14 2i ,1 II. If land is vacant: Please give dimensions and overall square footage of new construction: ut SquareDimension/size: ;Dotage: / (/ Heigh,( III. Purpose and use of new construction requested in this application: SEl pnib 15,62to®N,� fir? Pe� "3/3144C ,4.icnA� P1FFi�nao� i� Sc: JAS �l/1SF�,'FZ�gui/dz 4-NA C.10.5 t7' IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 mil f"7TA-c fl1 .,H tii. OCT 2 4 2005 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. 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Al . ea 311S[NOLLvd3ll,'3sHVN3Axv, A kSsOz On]1 n , 1 �. (SZ) N'004"'� .. 39I1ON •s1J�elsa lv noll0l Nx,n 1eo ,,,,,,,,,O,„hI -.—�� INL1H' � .,.1 syolai Ona ON 15,+eex.o n.,na ss1360 -. - -- ,=�,.o. A+ —xls-- / _ 320'04035 335 9 I _�� a w �. —, _ __ TOWN OF. SOUTHOLD PROPERTY RECORD CARD STREET iD VILLAGE DIST. SUB. LOT MrP 1114 6Ala CA/ T ST r kcr°,c tCR. ' ‘1?L.SCWNER f ��j J E , 1 1-art I-1 -' k GCL�G'nd-e' _x '-/la( eta W F}i i E - S i ev.MRT 0.300s.> S Ai `W TYPE OF BUILDINGn n 9"F T t, Z.Arid Am 4 4No , I e:,. awr t1-rce,,c L . , .....*44.9 .7..„T5 SEAS. VL FARM COMM. CB. MISC. Mkt. Value ` 5 e. IMP. TOTAL DATE REMARKS4'z1/ tJy &,/ n, gip, , ° s0 • jfj/522007e-co 1,1l o J 71 Soo LEAN )E s; R .I RTHAM tibia fPkIunt p / to cy „26 a o -A5 - 1'_9804 r 135- Lo-{ tpw .lo Reei+1-t 55 000 a7a :, j CO-ca I %1/40n - /A /qgi - fee2o3a7 -rtorsi- An'rl;h'b .1- flfevfip bu -6o,000, 4I00o' , yis60 toj30/12. 5z_rx> 6000 'I g/10/ 93 NORMAL BELOW ABOVE Acre Value Per Value Acre • • FRONTAGE ON WATER FRONTAGE ON ROAD j O/ e- ..:to s ./ o DEPTH AM BULKHEAD DOCK I t�( � 1 t ' t 1s1 R 1 . .. ç • . - I H C�' ! �d COLOR �1 �� ;, dpi { N6,ton0.1 ii 11 °ii" - g< , ,M 3 1 r fly; I h ,.I ; „„ „, , II S_ , • _' 1 „t "h,l t' btY 1 II _ TRIM I . W1.,ia il 'r t® I _l -; - '-1 I [ —___ ..._.___I rtl I. Bldg S zr °0 3a'h Dinette t n31 ^.to 5 za r 3a n SLAT _ :Icor*. ? ,JL Kit. xtension ' 'vers ; e inti rior Finish .. cy�4 L.R. tis._ de .c-c , m Ie;at b1 FA D.R. xtension 1 ;. Its 6-�- Frec ND atl - - Wcodsto're 'r BR. • arch Ccr^e 2. ) Fin. B. eezeway 30, Rcoms 1st Floor arage _ to 2e P� D•bveway Rooms 2nd Floor rev . r 1 a •11- �_ __ —. _-- 6 • J __ _._��. 1 rcQ . - eh r".Ls $�C 24 : ai 40- 1 �t2� 7 � -.N.bl.nt ........i....\ed 75' F' Office Location: e°� ��►� CO -; Mailing Address: _� 1 ; Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) t P.O.Box 1179 Southold,NY 11971 ,?,dol a�l��� Southold,NY 11971-0959 *;006 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 4, 2006 By Regular Mail and Fax Transmission Ms. Ellen J. McNeilly 70 Vincent Street Orient, NY 11957 Re: ZBA Ref. 5800 —Variance with Condition Dear Ms. McNeilly: Please find enclosed a copy of the variance determination with condition, rendered by the Board of Appeals at its December 1, 2005 Meeting. Please be sure to file an extra . copy of the enclosed variance determination when submitting other final documents, or amendments as may be required, with the Building Department in the next step of the building permit review process. Thank you. Wishing you all the best in the New Year. Very truly yours, Linda Kowalski Encl. Copy of Decision 1/3/06 was furnished to: Building Department OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.nv.us Javne.MartinaTown.Southold.nv.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: c /1c_ C Cy DATE: / / 3 /06 RE: ' ' / ' 7 /05 Agenda Item MESSAGE: ( ) Correspondence or ( ) document attached related to the above for your information Thank you. Pages attached: 2 . APPEALS BOARD MEMBERS - • /,//01 Mailing Address: �J�OF SU(17110lSouthold Town Hall d Ruth D. Oliva, Chairwoman o e ,, 0 ` 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ; 4 4 z Southold,NY 11971-0959 James Dinizio,Jr. % N G Q �� Office Location: Michael A. Simon ,&ig It$ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ='"COUNTY,* 1/ 54375 Main Road(at Youngs Avenue) •• Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 - April 11, 2006 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. 5800 (Ellen McNeilly) Action Requested: Setback 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 Li MGNEILLY 70 VINCENT STREET ORIENT,NY 11957 (631)323-3989 (631)323-1471 F ejmcneilly@earthlink.net RECENVEn Town of Southold OCT 2005 Building Department Town Hall 2� � Southold, New York 11971 Re: Addition,7o Vincent Street, Orient Tax lot: 1000-26-1-5 Dear Sir or Madam: Enclosed please find 4 copies of the recent survey, prepared by Peconic Surveyors,which indicates the footprint of the addition,and its location relative to the bounds of the property. I enclose it at the Building Department's request,via Eileen Santora. - This copy of the survey was annotated by Peconic Surveyors when I asked them to stake out the addition for the contractor, to make sure that we complied with the setback granted by the variance. It came in to me after the paperwork for the permit had been filled. Additionally, I understand from Ms. Santora that you require information about the number of bedrooms that the house will have after the proposed addition to the second story. Please note that the existing house has two bedrooms upstairs,the smaller of which will be converted to closets (of which the house has too few) and a passageway to a new larger bedroom to the east of the existing bathroom. Thus the house will have the same number of bedrooms after the addition, as it does currently: 2 upstairs and a guest bedroom downstairs. If there is any further information that you require, please let me know. Sincerely, Ellen McNeilly i 1- r r,• { Pf, i ! r , , Yw_ , • Y' • f ismiloil 70 Vincent Street Orient, N.Y. Zoning Board of Appeals Application • • l • t , r r0, rl� ,\ h / I • • • 411�4.+0 • • • r A • t WI NW* s 'b • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? D Yes KNo B. Are there an, proposals to change or alter land contours? D Yes C. 1)Are there any areas that contain wetland grasses? 1V0 2)Are the wetland areas shown on the map submitted with this application? )i& 3) Is the property bulkheaded between the wes area and the upland building area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: 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? NOME._ (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? 0,3 If yes,please submit a copy of your building permit and map as approved by the Building �r• Department and describe: /4-bb uX/ °V //l.C7', L! 6/ 0/AI4( 121940i4 4- pouutefr G. Do you or any co-owner also own other land close to this parcel? 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 gee: 4-74b /Mate ©r-F.CE _ and proposed use _ __ ? • , exa les: existin _ sin famil proposed: same with arae Auth►'zed Signature and Date 2/05 • • TRANSACTIONAL DISCLOSURE FORM ADPL] 3LE TO OWNER,CONTRACT VENT AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. t ,j J. /4C fifIL' (Last name, first name, middle initial, unle s 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.) Variance V Special Exception *Other • Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, 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 /i0 Ifyou answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5% of the-shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director,partner, or employee of the applicant or D)the actual applicant. --DESERTION-OF-REL--ATIONSHIP---- — . - — - — --— --- -- --- SubmittedI : y o Signatu• Print Name: ,ieVr 4, �1 , If Town'of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor--exempt actions including-Buildin Permits and other ministerial permits not located within the Coastal Erosion Hazardtreafree 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# Z (v - / - The Application has been submitted toI (check appropriate response): T-own-Boar��'lanning-Board& Building-Dept—E1—Bn. I . ..rus ees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) = --- -(c-) =Permit,-approval,-license,certification:-= - -- - -- -- - ---- Nature and extent of action: Location of action: 0 /l✓ Site acreage: /?j 0 b 7- cif i ti Present land use: � j A'-J%/�� . Present zoning classification: /2— f O 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: iEZ 4. J /14CN /GLIiJ (b) Mailing address: , a ,j /7--e-e a OM�iAX ! �� I (c) Telephone number: Area Code( ) (0-5 / — 5 7--3 . /4E—i — (d) Application number, if any: /V/A-- Will / -Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes _ No M.) 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 LWRP Section III—Policies; Page 2 for evaluation criteria. I I Yes No Not Applicable 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 111 NoNot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No rq 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 / Yes 0 No U Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through� �21 for evaluation criteria Yes No �I 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 No Not Applicable --- ------- --- ------ ------------------- --------------- Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes ❑ No MiCot Applicable Attach additional sheets if necessary • Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. SeelLWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No L�Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes No of 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 L RP Section III—Policies; Pages 47 through 56 for evaluation criteria. - -- Yes- -No Not Applicable ---- ---- -- ---- - ---- ----- ----- 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 NoI-1 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pa es 65 through 68 for evaluation criteria. Yes No Not Applicable Created on 5/25/05 11:20 AM �''*pf 4 SO(/p- o ELIZABETH A.NEVILLE � 1•,® 4 Town Hall, 53095 Main Road TOWN CLERK ; 414 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ; cn Southold, New York 119711 Q MARRIAGE OFFICER 44 ' , Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ' Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER ®l�COU ,*III'I southoldtown.northfork.net �.�.• o'S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: October 31, 2005 RE: Zoning Appeal No. 5800 Transmitted herewith is Zoning Appeals No. 5800- of Ellen J. McNeilly-Enclosed is the Application to the Southold Town Board of Appeals dated October 24,2005, a Notice of Disapproval, a Project Description, Zoning Board of Appeals Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, a copy of the Town of Southold Property Record Card, copies of the north side of the house on 70 Vincent Street(5), a letter to the Building Department regarding information about the number of bedrooms for the proposed addition, two copies of the survey and three blueprints. Town Of Southold P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Date: 10/26/05 Receipt#: 2764 Transaction(s): Reference Subtotal •1 1 Application Fees 5800 $150.00 Check#. 2764 Total Paid: $150.00 l: T F Name: Mcneilly, Ellen J 70 Vincent Street Orient, NY 11957 Clerk ID: BONNIED Internal ID 5800 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/25/05 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 5798 Roy Rodriguez 7039 $400.00 (Fairweather-Brown) 5799 Mary M. McCabe 3666 $400.00 RECEIVED OCT 2 6 2005 • 5800 Ellen J. McNeilly 2764 $150.00 Southold Town Clerk 5801 Simon Caudullo ( Vicki 220 150.00 Toth) TOTAL $1,100.00 Thank you. 10.00 - ' -_ �� of - �� I ' o 8'5N 0/E BEI" F ANE EpNp • ARCHOK o 582�08'SOE- &•-5"is 8' - �s a 121.85' ti 42.0' h �- !- r3 �- . - ' - WALL q 'I �• „� 4. ,-9, FENCE a3N 0 • ^' 2STY. ci •''r 4. C o.I s C 9 0 FR HSE. 0.5Ilir ou d' og /6.0 1.0' ,\y 0.91y/o rr V 29.0' vim` y a" ¢1 R, v. • DDECK c� „�� O C p 'c IIV Q C W -�-� I� . 1c,• QALKWAY o _ I e 7 � k – AC-z. Ss =' 2 ti rn I _ FT >W � k I o O �Z 4 4- N k h 8.3'^ FENCE 1 Is: • I\ 4-7' ■ 9,1 41.9' SPIKE X—: I i 2 STY. . I ca A DIRT,!.• mitt?. DR/ N FR, GAR. N u o® IEIYAY N rya 1 MON '1 FES 22.1' x O.5FE'W N8523 50nw x xcavc WAccFE <D/L) 10.5'E 22'SH \�134.88' — — NCO/F JOANN T. &ky1LUAA� t GESELL -- --- -- EXCEPT • , 1' 7}1„ - 3 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090E THE NEW YORK STA 7E EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES 'THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. `• l _ I EJ MGNEILLY 70 VINCENT STREET ORIENT,NY11957 (631)323-3989 (631)323-1471 F ejmcneilly@earthlink.net Town of Southold Building Department Town Hall Southold, New York 11971 Re: Addition,7o Vincent Street, Orient Tax lot: 1000-26-1-5 Dear Sir or Madam: Enclosed please find 4 copies of the recent survey, prepared by Peconic Surveyors,which indicates the footprint of the addition,and its location relative to the bounds of the property. I enclose it at the Building Department's request,via Eileen Santora. This copy of the survey was annotated by Peconic Surveyors when I asked them to stake out the addition for the contractor, to make sure that we complied with the setback granted by the variance. It came into me after.the paperwork for the permit-had been filled. Additionally, I'understand from Ms. Santora that you require information about the number of bedrooms that the house will have after the proposed addition to the second story'. Please note that the existinghouse has two bedrooms upstairs,the smaller of which (will be converted to closets (of which the house has too few) and a passageway to a new larger bedroom to the east of the existing bathroom. Thus the house will have the same number of bedrooms after the addition, as it does currently: 2 upstairs and a guest bedroom downstairs. If there is any further information that you require, please let me know. Sincerely, Ellen McNeilly TOWN OF SOL l'HOLD BUILDING PEI 'T APPLICATION CHECKLIST BIDING DEPARTMENT r • Do you la.•.,or need the following,before applying? TOWN HALL _ Board of Health SOUTHOLD,NY 11971 • ' A • 3 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 r ‘ Contact: • ' • Approved ,20 Mail to: r((�d 1,14theiLiji y Disapproved a/c Eo�GS�IOs'� - • 'D BOX 311, ?,Olu, ejf Aft ia'�- Phone: 631-3J 23 --519 l Expiration ' " ,20 . '[`5 ', Building Inspector ' , ..1 (r 1 t i' . - - • •,�` ` 00�,,l 4 2005 , `'` APPLICATION;F04 BUILDING PERMIT . ' F;N;�J y • Date /' — = 20 Q lowN of s ' }' + • INSTRUCTION'S ' a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee adcording 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-theluilding Department,for,the issuance of a Building.Permit urs ,� pursuant to the Building Zone Ordinance of the Town of Soutliold,Suffolk County;New'orlk,aridother applicable Laws,Ordinances•or, Regulations,for the construction of buildings;additions,or alterations or for removal or demolition-as herein,described.The• .• applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ' • , . .�,. (Signature of applic. .• .r'n:...e,if a corporati.,) ln B ,IfOX 5rf( © N Jo 9--- ( Mailing address of ap cant) State whether applicant is owner,lessee, agent, architect, engineer,general contractor, electrician,plumber or builder• Name of owner of premises . ..?"./0.1L J, NC NAL, , - (As on the tax ro or latest deed) -- �� •" If applicant is a corporation, signature of duly authorized officer 4. (Name and title of corporate officer) Builders License No. ' Plumbers License No. - ' Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: - t� Viii STS, r%T. OtteN7- House Number- , Street t° • —',..'-‘.?••• ...,Hamlet., • . .. County Tax Map No. 1000 Section 74 • Block ( Lot S.-- Subdivision .., Filed Map No. ;. - Lot (Name) c. .tea 2. State existing use and occupancy of prempes and intended use and occupancy of proposed'constru5tion:. , - a. Existing use and occupancy */vera E 7747t, t/ iii.e. b. Intended use and'occupancy cf / r N.0 Lc/ /4901,* - 3. Nature of work(check which applicable):New Building A ddition Alteration Repair Removal Demolition Other fork (Description) 4. Estimated Cost fi�_ 100i O a - Fee (To be paid on filing this application) S. If dwe(lin-g,number of dwelling units I Number of dwelling units on each floor AI/4_, ' If garage,number'of cars ` A//4- 6. If business, commercial or mixed occupancy, specify nature and extent of each type'of use. , /t�4 7. D' io ,of existing strudtiues many: Front ,ZE _ , I. ' Rear 2-dr ' 6 a Depth 'f i'c u H '7.Z., {, 9 Number of Stories I C 2 7) �, EKtTt: 2� :41:4•1 Dimensions of same structure with'alt do ,or*pitos: Front '21" 6 Re ) 1 zc Depth t AT IMPX. ell: Height AD ' '. , a 4-/_ Number of Stories ADi>1TtJ fi. 6 • qa- 8. 'Dimensions of entire new construction: Front "!1';101/ (KP4-K Rear brill! Depth 24 1 611 Height 13- ICK Number of Stories I let 9. Size of lot: Front 1 'Dtt'1_. Rear CiR t pi '- Depth 72$''( PaF1'1 t I2Z� �� IFS/Soucw 10.Date of Purchase L1Wil}1 ic($.4 Name of Former Owner rf eAct{- ' ` , 1.1.Zone or use district in which premises are situated ' ' 12.Does'proposed construction violate any zoning law, ordinance or regulation?YES ,, NO S Uk1 -k' p4.77 ct 13.Will lot be re-graded?YES Ii110' - Will excess,fill be removed from premises?YES NO ,L--- - --M.Names of Owner of`pre rises E.Lt?,�etc. ilctres � ;- rn -No:-(13#-3.137-3' -- - -Name of Architect:Stir,,..-4...1$ dress r 1* U. ,MI- 'Phone Nooj3t 99 .»X491, Address Phone 1Vo:'&.3t t Name of Contractor C!-hgi�1,��`T� 3So.3 �C.oi:�j� 'fat -S'�- 4. le, bOtO It - 2. - t t$Ma,N.N' 15 a. Is this property within 100 feet of�a tidal wetland.or�a freshwater wetland? *'YES ., * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C'."PERMITS MAY BE REQUIRED. 'b. Is this property,,within 300 feet of a tidal wetland? *YES NO - *IF YES-;ThE.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 O ...,..4 - if - •( IJ Y - '2 =- 'being'duly'sworn,deposes and-says that-(s)he is the applicant (Name of individual signing contract)' bove named,- (S)He is the / (Con ctor,Agent,Corporate Officer,etc.) ' . • ' - - ' ' of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained-in this application are true to the best of his knowledge and-belief;and that the work will be - - --- performed in the manner set forth in the application filed therewith. - Sworn to before me this •.y of 20 - r, ., , : ..— .„ .., Notary Public 5, .lit„,uf:lep4s0,44y. -,' Signature of Applicant ' ' PATRICrA(TAMP Notary Public,cta;r.,fie 'r=it- , ; , . • . No.,OiCG5JI;8�? , Quarifd it Suffolk Cunt „iCsio:Niles Sep.13)247 y U' �} Notice `[approval,amended Sep- der Sections 100-32 and N ,based 1 \eA`\Z f S . -tember DS concerning a proposed on the Building Inspecto.i •lust 23, r addition and alterations to an existing 2005 Notice-of Disapproval;for area, 1 dwelling,creating a total side yard set- width and depth in this division of \O- back area of less than the code required merged lands,conveyed by deeds after 35 feet (15 and 20 feet),at 710 West May 1983.The reasons stated in the Shore Drive,Southold;CTM 80-1-46.1. ' Notice of Disapproval are that the lots 9:45 a.m.RALPH PASSARO#5790. are merged,and no deed of record was Request for Variances under Sections found for separate lots 7.1 or 7.2(re- 100-33A.4 and 100-244, based on the quired forlot recogmtion under Section Building Inspector's August.31, 2005 100-24A-1) Location of Property:•Cor- 'r • Notice of Disapproval,concerning as- ner of Horton Road and Bittersweet built additions at less than 50 feet from Lane, Cutchogue; CTM 104-2-7.1 and the rear yard line,and as-built shed lo- 104-2-7.2. cated in a side yard instead of the code- 11:10 a.m. JOHN and JANE ANN required rear yard, at 875 Deerfoof INGRILLI #5734. Request for Vari- Path,Cutchogue;CTM 103-4-6. ances under Sections 100-33(100-30C) 9:50 a.m. SIMON CAUDULLO and 100-24,4B,based on the Building In- #5787 and as amended under#5801.Re- spector's Apri112,2005 Notice of Disap- quest for Variances under Sections 100- proval,amended October 24,2005,con- 12 and 100-244B;based on the Building cermng removal or the existing garage Department's August 24,2005 Notice and-construction of a new accessory of Disapproval, amended October 24, building with garage and storage on the 2005,concerning as-built additions and first floor,and workshop on the second alterations to a non-habitable building floor and plumbing for a half-bathroom. with nonconformities in the following The reasons stated in the Building In- _ areas:(a)less than 35 feet from the front spector's Notice of Disapproval are that yard line,(b)lot coverage exceeding the the building is not permitted because code limitation of 20%lot area,and(c) the setback will be less than 50 feet from living area less than the code required the rear yard line and that the workshop minimum 850 square feet for dwelling use is not a permitted use.Location of use,at 970 Seventh Street,Greenport, Property:10375 Nassau Point Road,Cu- CTM 48-2-19. tchogue;CTM 119-1-15. 9 55 a m. CHERYL HANSEN RE- 1.20 p m. RQA PROPERTIES VOCABLE TRUST#5796.Request for (RICH'S QUALITY AUTO BODY) Vanances under Code Sections 100-33 #5759. Request for a Variance under and 100-239 4B concerning a proposed Section 100-241A,based on the Build- accessory garage located partly in a side mg Department's May 26,2005 Notice yard instead of the code-required front of Disapproval concerning a proposed or rear yard, and at less than 75 feet detached 1760+- square foot building from the bulkhead, at 445 Ehzabeth for business activities related to the Lane,Southold;CTM 75-5-3. existing nonconforming auto body buss- ' 10:00 a.m ELLEN J McNEILLY ness.The reason stated m the Building #5800. Request for a Variance under Inspector's denial is that the pioperty is Section 100-244,based on the Building zdned'Residential R-40'and a noncon- Inspector's October 18,2005 Notice of forming auto body shop use is not per- Disapproval concerning proposed ad- mined to lie enlarged,altered,extended, ' ditions/alterations to the existing dwell- reconstructed,or placed on a different mg,which will constitute an increase in portion of the lot or parcel of land occu- the degree of nonconformance when pied by such use on the effective date of located at less than 10 feet from'the this chapter,nor shall any external evi- code-required minimum side yard,at 70 deuce of such use.be increased by any Vincent Street,Orient;CTM 26-1-5. means whatsoever."Location of Prop- 10:10 a.m.MONTAUK BUS SER- erty:29950 Main Road at intersection ... VICE,INC.#5778. Request for a Spe- with Fleets Neck Road(a/k/a Pequash cial Exception under Section 100-141(B- Avenue),Cutchogue;CTM 102-3-1. 6)concerning a proposed Bus Terminal The Board of Appeals will hear all use and related building areas located persons,or their representatives,desir- at 115 Commerce Drive, Ciitchogue; big to be heard at each-hearing,and/or - CTM 96-1-1.2.Zone District:LT Light desiring'to submit wntten statements Industrial. before the conclusion of each hearing. 10:20a.in BARTON andPATJOHN- Each hearing will not start earlier than , '97 ---- SON � SON #5788' Request for a Vanande designated above.Files are available for LLQ✓ under Section 100-239.4B, concerning review during regular business hours at demolition of an existing dwelling and our new location at 54375 Main Road, proposed new dwelling at less than 75 Town Annex NFB Building,First Floor, feet from the bulkhead,at 860 Bayview Youngs Avenue and Main Road,South- Drive,East Marion;CTM 37-5-7. old.If you have questions,please do not 10:25 a.m. MICHAEL ZEVITS hesitate to call(631)765-1809. • #5789. Request for a Variance under Dated:October 31,2005. Section 100=244 concerning a proposed BY ORDER OF THE new dwelling,'based on the Building ZONING BOARD OF APPEALS Department's'June 22,2005 Notice of TOWN OF SOUTHOLD Disapproval, amended-September 13, RUTH D.OLIVA,CHAIRWOMAN 2005,for the reason that the new con- By Linda Kowalski ____ —- struction will be less than 35 feet from _7610-1T 11/3 - LEGAL NOTICE , the front yard line and less than 75 feet SOUTHOLD TOWN from the bulkhead,at 1450 West Lane, BOARD OF APPEALS Southold;CTM 88-6-18.5 THURSDAY,NOVEMBER 17,2005 10:30 a.m. PREMIUM WINE PUBLIC HEARINGS GROUP LLC #5784. Request for a NOTICE IS HEREBY GIVEN,pur- Variance under Section 100-83C,based k_ �`�((I�� D suant to Section 267 of the Town Law on the Building Department's'August 9, i U `Q'v ` and Chapter 100(Zoning),Code of the 2005 Notice of Disapproval concerning ' Town of Southold,the following public proposed additions and alterations can- i ( 1'° hearings relative to Chapter 100(Zon- necting two existing buildings,resulting 1. 3-L. (� ing),will be held by the SOUTHOLD in a linear frontage following the new , - TOWN ZONING BOARD OF AP- construction of more'than the code PEALS at the Town Hall,53095 Main limitation'of 60 feet on,one street.Lo- Road, P.O. Box 1179, Southold, New cation of Property:35 Cox Neck Road York 11971-0959,on Thursday,Novem- at Sound Avenue,Mattituck;CTM'121- ber 17,2005,at the times noted below 06-01. (oras soonthereafter as possible): 10:40 a.m. JAMES and DENISE 9:30 a.m. JOHN-,and'BARBARA MARTIN#5794.Request for Variances CONDON#5785. Request for a Van- under Sections 100-33 and 100-242A., ance•under Section 1100-244,based on based on the Building Department's the Building Department's August 31, September'28, 2005 Notice of Disap- 2005 Notice of Disapproval concern- proval, concerning as-built accessory ing a•proposed addition at less than 35 structures (trellis, hot tub structure, feet from front lot line,at 1755 Sigsbee shed),expansion of the swimming pool, Road,Mattituck;CTM 144-2-12. and alterations of an existing shed to an 9:35 a.m. MARTIN KOSMYNKA outdoor shower and changing area re- (contract vendee) and TIDE GROUP, lated to use of the swimiping.pool,and INC.#5779.Request for a Variance un- storage.The reasons stated in the Build- der Section 100-43C,based on the Build- ing Inspector,'s Notice of Disapproval mg Inspector's August'2,2005 Notice of are that the new construction related to Disapproval,'to allow an Apartment the accessory buildings/structures are unit for security/management purposes less than 60 feet from the front yard line, related to the proposed public storage and that the change of use of the exist- use,at 50 Commerce Drive,Cutchogue; ing nonconforming shed increases the Parcel 96-1-1.4.Zone District:LI Light nonconformity when the use is mntenst- Industrial. lied to a different accessory use.Loca- 9:40 a.m. ALEXANDER tion of Property:1695'Meadow Beach SZNURKOWSKI#5786.Request for a Road,Mattituck;CTM 116-4=31. - Variance under Section 100-244,based 10:50 a.m. M. and H. REDDING- on the Building Inspector's July 21,2005 TON#5791.Request for Variances tin- #7610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 3rd day of November , 2005 ket4 ncipal Clerk • da of Sworn to before me this Y 2005 , 4 iWA CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County 'Commission Expires PObrUO(Y 28, 2008 J , Lk, l 6-14 John G. Stewart 6611 Ridge Rock Lane Knoxville, TN 37909 NOV 1 4 2005 - resoo }ZONING BOARD ®F APPEALS. November 10, 2005 2-telA f"., it Southold Town Zoning Board of Appeals /7_ DJ P.O. Box 1179 Southold, New York 11971-0959 Reference: Ellen J. McNeilly #5800 Dear Board of Appeals: This letter is to indicate our support for the requested variance under Section 100-244 at 70 Vincent Street, Orient, NY. I am the owner of the property located at 595 Navy Street, Orient, that directly adjoins the McNeilly property at the rear corner. The proposed addition will not exceed the current footprint of the house and it will add an attractive dormer to the second floor. Ms. McNeilly has made significant improvements to this property, as well as the adjoining garage and the cottage across the street. All of these improvements have been visually attractive and very much in harmony with surrounding structures. Ms. McNeilly is truly a good neighbor and her request for this variance strikes me as eminently reasonable. Although our legal residence is in Tennessee, our family has been part of the Orient community since the late 1930s. We come to Orient every year and maintain an active and informed interest in community affairs. I hope very much you will approve this variance. S. cvr-ly, 1 n G. Stewart\ OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski&,,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 3d 3i st7 6 TO: DATE: I/ / .®Y /2005 RE: 0W if— l7-OS A rc MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. Thank you. Pages attached: / . I f1-k_ J Q John G. Stewart, 6611 Ridge Rock Lane Knoxville, TN 37909 NOV 1 4 2005 November 10, 2005 -- Southold Town Zoning Board of Appeals 2 7 a___ ,7_ „ P.O. Box 1179 Southold, New York 11971-0959 Reference: Ellen J. McNeilly #5800 Dear Board of Appeals: This letter is to indicate our support for the requested variance under Section 100-244 at 70 Vincent Street, Orient, NY. I am the owner of the property located at 595 Navy Street, Orient, that directly adjoins the McNeilly property at the rear corner. The proposed addition will not exceed the current footprint of the house and it will add an attractive dormer to the second floor. Ms' McNeilly has made significant improvements to this property, as well as the ' adjoining garage and the cottage across the street. All of these improvements ' have been visually attractive and very much in harmony with surrounding structures. Ms. McNeilly is truly a good neighbor and her request for this variance strikes me as eminently reasonable. Although our legal residence is in Tennessee, our family has been part of the Orient community since the late 1930s. We come to Orient every'year and maintain an active and informed interest in community affairs. I hope very much you will approve this variance. S c:'r-ly, • n G. Stewart\ Op APPEALS BOARD MEMBERS �' p�. CQ0 • Southold Town Hall Ruth D. Oliva, Chairwoman ' yd •; 53095 Main Road Gerard P.Goehringer h - ► P.O. Box 1179 Lydia'A.Tortora err Southold,NY 11971-0959 Vincent Orlando4 ! Tell. (631) 765-1809 James Dinizio,Jr. `= l * *a0►' 1 Fax(631) 765-9064 fl-ed,,. • http://southoldtown.northfork.net RECEIVED 1i BOARD OF APPEALS 3.44 1)41 TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION OCT 1 8 MEETING OF OCTOBER 7, 2004 • ZBA File No. 5587-ELLEN McNEILLY oatl�old Town t r Property Location: 70 Vincent Street, Orient; CTM 26-1-5. 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 13,068 sq. ft. parcel has 104.40 ft. frontage along the east side of Vincent Street, and is improved with a two-story, single-family dwelling and detached garage, as shown on the April 30, 1985 survey prepared by Roderick VanTuyl, P.C. BASIS OF.APPLICATION: Building Department's July 29, 2004, Notice of Disapproval, citing Code Section 100-244 in its denial of a building permit application. The reasons stated are that the additions and alterations to the existing single-family dwelling will increase the degree of nonconformance with a single side yard at 4 feet, instead of the code required 10 ft. minimum side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, 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 proposed addition (23'9" at its widest point) along the east side of her home, as shown on a three-page set of diagrams, prepared by Metz, Thorton & Smith, stamped by ZBA Aug. 12, 2004. An alternative site - diagram was submitted August 19, 2004 (ZBA date stamp) with a letter from the applicant's engineer, Joseph Fischetti, confirming the setback at 5 foot 8 inches from the side yard distance measuredJrom-theftorth eas#-comer-o the-building. REASONS FOR BOARD_ACTION:O1-the-basis-of-testa--pony-presertted—materials-submitted end _ - - personal inspections, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in the character of the --neighborhood-or---a-detriment---to--nearby properties. The existing setback of the dwelling wes confirmed by the applicant's engineer to be 5 foot 8 inches from the side line, rather than the Page 2—October 7,2004 ZBA No.5587—Ellen McNeilly CTM Parcel 26-1-5 • estimate of a 4+-ft. side yard. During the September 14, 2004-public hearing, the applicant agreed to increase the side yard setback of the new addition slightly forward, with a minimum setback of 6 foot 4 inches. 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 applicant's dwelling has a side yard setback of 5'8", and without a variance the living/dining room addition as designed to blend with the angles of the house and property would not be possible. 3. The difficulty is self-created in that the home was built in a location that did not provide for an expansion of the living/dining room to conform to the code's 10 ft. minimum setback requirement. 4. No evidence has been submitted to suggest that the alternative relief granted will have an adverse impact or effect on the physical or environmental conditions of the neighborhood or district. I 5. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an 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 Chairwoman Oliva, seconded by Member Dinizio, and duly carried, to DENY the variance as applied for, and to GRANT alternative relief requiring a minimum 6 foot 4 inches from the side yard property line at its closest point. 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 Oliv Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was_duiy adopted-(5-0 - Ruth_D__Oliva,_hair-woman—l0/-i4 /04 - - — Approved for Filing ( js AO;f/Oti S�y'T3 IL �./ 01. � w 1 v r 8 —. ,,,------.--....:. .,, - -- iim /7" ir,......._ ._...._ ....._ _. _ _. ,,,• ..., --,,-- ... , . sY /to. { . /T(o •I• 41$ •\ 1 t J .J a - • - : '' ' . _ - . 11 iftei I . it,,,,4 -- .- : . iii ';i0/4 rl... I 44 -._.•1- --i---1 1 -1L-L. :— ---' –I 4 , 7 s ��- i i 1-.-111 EX► T 1. I f�4----1 ; ,ll !-- � eg1. ih� 1 i i:10 I --I ?Il _ 1 1 -rte T L _j- -i1 P7-07I 3 .III 1 ffr �`lit. �pCsSE1 A-flTjrTro0 III i' t 1 - f y '1 • . - I . J ( _ >. • - ' \ c.' 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"" CERTIIIED MAILTM RECEIPT O rn (Domestic Mail Only;No Insurance Coverage Provided) —D For deliveryiv� information visit our website at www.usps.com® , .1D ORG r2YFt1 5C v AEms U S Eiv Postage $ 0.37 UNIT lIi°"0 m ° I=1 cerUnedFee `,°30 �1 CI Return Reciept Fee 0� •" (Endorsement Required) 1°75 N Here D Restricted Delivery Fee H C1erk ciHKG96 r� (Endorsement Required) CL O �,� , > Total Postage&Fees e�- m O Sent To r r ,Apt Ifo., orPOD Z or PO Box No. City,State, t g÷,4:1 `` '� u� J PS Form 3800,June 2002 U it See Reverse for Instructions P , , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of sr 9 AFFIDAVIT OF F-1✓ fr J J JG i C— MAILINGS (Name of Applicants) CTM Parcel #1000- 2 G - ! - ,S' X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, & "kale rAisiding at____ e) ll/AlG /I /I4if`til ' ,New York, ng duly sworn, depose and say that: On the 2.5-- day of '-® A personally mailed at the United States Post Office in O 44 T ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES FED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current ownsshown on the current assessment roll verified from the official records on file with the ( sessors, or( )County Real Property Office , for every property which abuts and is across a public or pri.ve street, or vehicular right-of-way of record, surrounding the applicant's property. ' N A. (Signature) Swo%to before in9 s 62-7y of , 00 5 s JOSEPH CHEREPOWICH NOTARY PUBLIC,State of New York No.4804615,Suffolk Count] r rdirr_i3V-4,0� Term Expires September �' otary 'ublic) H , PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Legal Notice list, SBA Hearing Tax Map Number Name of Owner Mailing address frm Assessor's files mailed 1000-26-1-4 Ellen McNeilly 1200 Broadway,Apt.4D, New York, New York,i000i Self 26-1-6 William Gessell 11 Harrison Avenue, Red Bank, NJ o77o1 27-Oct 26-1-7 John and Nancy Stewart 6611 Ridge Rock Lane, Knoxville,TN 37909_ 27-Oct 100o-25-3-13 Betty Bondarchuck PO Box 256,Orient, NY 11957 27-Oct 25-3-2o Loren and Jordana Baldwin 109 East 12th Street, NY, NY 10003 27-Oct 0 -+ 10/27/05 • ? r , ' y - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF SIGN of J iUc J i POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- Z(o - ( - X COUNTY OF SUFFOLK) STATE OF NEW YORK) .1, ELL-P.4./ (tt C A residing at FO QST ,New York, being duly sworn, depose and say that: eivt On the 2K day of 000604 604, 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 /U12/ /11 (?5 (Signature) Sworn to before me this 07ctr day olba-c-d° ,200 2 . lUNOA S.TAGGART c?e4Liv Neter/Public,State ofNew York No.49485066 Qualified in Suffolk County n 6v (Notary Public Commission Expires March 20, *near the entrance or driveway entrance of my property, as the area most visible to passersby. NTkiz uF HA1dN K, T le following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: 'AME : McNEILLY, E . #5800 lIAP # : 26- 1 -5 %PPEAL : Variance - Addition/Alteration FEQUEST: Side Yard Setback DATE : THURSDAY, NOV. 17 , 10 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . LONING BOARD -TOWN OF SOUTHOLD 765- 1809