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HomeMy WebLinkAbout5831 K/ve,akecK, Eve 77- 5-41 ST .5'ocwo titeka A✓c, SA), te 6,4i . A3/42./40r / -- — — — Eeec ,v,rc_g-,4,e.v66 r#c S'.4a /ire.S n/� /a Al ea - _ f_ 5 _ d" pla._/ ao or Dwja41:" es S$l1 ,Jnr _ N APPEALS BOARD MEMBERS Wi,''�� • , QF $�Vr c Mailing Address: Ruth D. Oliva, Chairwoman 04� hp�o Southold Town Hall '\O Gerard P. Goehringer ; 53095 Main Road•P.O. Box 1179 1 ars Southold,NY 11971-0959 James Dinizio, Jr. u> >eOffice Location: Michael A. Simon L-3,s i�rtrTown Annex/First Floor,North Fork Bank Leslie Kanes Weisman .17Co '1,* of�l54375 Main Road(at Youngs Avenue) -• 0'0 Southold, NY 11971 hup://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEI D TOWN OF SOUTHOLD / :-0,7,264 Tel. (631) 765-1809•Fax(631)765-9064 FEB 7 2006 a a Q� a 4 FINDINGS, DELIBERATIONS AND DETERMINATION SouSw;d T(.1.11 rerk MEETING OF FEBRUARY 2, 2006 ZB File No. 5831 —Jon and Kathleen Marino Property Location: 10105 Soundview Avenue, Southold CTM 54-8-5 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 10,018 sq. ft. parcel has 80.14 feet along Soundview Avenue, and is improved with a single-family dwelling with rear deck and accessory garage, as shown on the November 20, 2002 survey, amended April 30, 2003 by John T. Metzger, L.S. BASIS OF APPLICATION: Building Department's December 14, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed addition/alterations to the existing garage, for the reason that the new construction will constitute an increase in the degree of nonconformance in its side yard location. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 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 second-story addition, 18 feet to the top of the roof ridge, with a barn style roof, over the existing first floor area of the accessory garage. The garage is 14.8' x 22.1 ft. in size. 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 because the structure already exists and its . • Page 2—February 2,2006 ZB File No.5831 —J.and K. Marino CTM No.54-8-5 location is not proposed to be changed. The proposed alterations involve changing the roof to a barn style at the rear, and adding a folding ladder for access to the second floor. The alterations will not increase the existing non-conforming setback, and are intended for additional storage. 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 garage already exists. Adding a second story to this existing building will avoid increasing the foot print of the house or the garage which would most likely require more extensive variances. 3. The variance granted herein is not substantial. The applicant is not proposing to change or reduce the existing setback and the use will remain as an accessory storage garage. 4. The difficulty has not been self-created. The garage was placed in the present location in accordance with a variance granted under Appeal No. 640 in 1964. 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 garage alterations for additional storage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the applicant's construction diagram date- stamped December 20, 2005, and November 30, 2002 survey, amended April 30, 2003 by John T. Metzger, subject to the following Conditions: 1. There shall be no sleeping or living quarters in the accessory buildings. 2. The garage remain unheated. 3. The building may not be rented and shall remain as an accessory storage garage. 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), Dinizio, Simon, and Weisman. Absent was: Member Goehringer. This Res tion was duly adopted (4-0).X2 Ruth D. Oliva, Chairwoman 2/j /06 Approved for Filing cw' ,�, N�o/� ''�' SURVEY OF PROPERTY ea�4 - a AT 801177104.0 si�s TOWN OF THOLD M 7, o/F ow- ses ate' 0.000• ., . Z SUFF COUNTY N.Y. oiS N a 000 1000-54-00-08 O V. to 4 20, 2002 APRIL 30, 2003 loddiflans, ")_ O Op nl / az. 121# / 0 w ° �=•• 2 0 2005 1 4 N Da 1. awz K VI Fr fM C£RIMED 7b: D JON M. MARINO Pi. KATHLEEN MARINO CHICAGO TITLE INSURANCE COMPANY r v R N i Z ta. AREA-=14018 SF. 8p.A1 _nits tF,OF NEW S,1 OWN 1.ME)?QIO9� 24QII a� i A Sg1h Q�A J -,°C. t. .5. LIC. Na 49618 Z93 63 MON 1p': :., Y.,,e. P.C. 9°11119 7" •-i /Ti Awr arcvAnov Ca AnanOr ro mrs SURVEY rS A 'away ) 4765– Q.2°67. (631) 765-1797 OF SECTION 720E0F we NEW mr STATE EDUCATION TAW b EXCEPT AS PER SECnSv 7209-S!9a'NSEN 2 A4 afl.%4n0MS °14...);; •s HOKIN ARE VAUD AOR nu YAR Ano MINES POW o'erE 12 ; L 2- STREET •-MONUMENT OS�T APPEARS SOL OF AroiP SOUTH E. E. 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PLYW.9D 204 WALL aveut TOP NtrE c+ -.--- 4" SLge Cone kirg a. .. — _-- -. 8✓8x(6 V GRAD( - I ,_ / — _ 4- I( anrinG-- It ele,of IVItgr AP 1 - _ n I Cly'$ Uplift=36950 siii. 1 n A/� (1 ala\b6 (Standard washer regruire0)plate drw•NMw . .. ,LP-O�IY01_,W�'Y Monty s& kirt0 SrA44 r .47 Ir " l4Rs" Ya \ Wet '' Z3Sb3 l txee�D ,� 11Y 1T�illibil /• `' K. 14,61n t • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 26, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY, JANUARY 26,2006: 11:00 A.M. JON and KATHLEEN MARINO #5831. A variance is requested under Sections 100- 33 and 100-242, based on the Building Inspector's December 14, 2005 Notice of Disapproval concerning a building permit application to construct an addition to the existing accessory garage. The reason for disapproving the building permit application is that the construction will increase the degree of nonconformance when construction will be in the side yard area of the existing accessory garage, instead of the rear yard. Location of Property: 10105 Soundview Avenue,Southold; CTM 54-8-5. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: January 6,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • FORM NO. 3 5(34 NOTICE OF DISAPPROVAL DEC 202005 DATE: December 14, 2005 TO: Jon&Kathleen Marino 20 Tulip Street Nesconset,NY 11767 Please take notice that your application dated December 14, 2005 For permit to construct an addition to an existing accessory garage at Location of property: 10105 Soundview Ave., Southold County Tax Map No. 1000 - Section 54 Block 8 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed addition to a non-conforming accessory garage, 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 accessory garage on this lot is located in the side yard. The plan indicates a 2"a floor addition. 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 III, Section 100-33 such buildings shall be located in the required rear yard. Autho~riz Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Pl! APPLICATION THE SOUTHOLD TOWN BOA OF APPEALS �y For Office Use Only Fee: $ [t' Filed By: Date Assigned/Assignment No.r3 I Ubee ra Z005 Office Notes: Parcel Location: House No./OI0S Street SDinvDvi66✓ RleNI Hamlet SI trail)c D sa CCA� ppri SCTM 1000 Section X Block vpa Lot(s) 0.5" Lot Size/9�/G Zone District f�`f0 I (WE) APPEAL T W$ITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): 3&j+ Clint /YJ nrd Mailing Address: Zo ZLIP -5TReer HES CU /5 A!t/ . //7n7 era. Telephone:�4J&47/:33Pt ES/-409-3/3, NOTE: If applicant is not the owner,state If applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: YApplicantOwner(s) ❑Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article M I V/ Section 100- 242.Subsection Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has%has not been made with respect to this property UNDER Appeal No. Year REASONS FOR APPEAL(Ronal sheets may be used with applicantnature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby "pro mitperties if granted,because: mnosie✓ �lAt-Y N cpd1Th ./- _57./v/42, leve C - / West' t 4'op I�fYLUE/J� Cv�te Alf 4z. 73 Au- 77/1 , 1� £ r Iii e Netg)Soft Xcvi (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: Ail//$ 45,4,,,,,y (3 AN if/t%e n10✓.j ,q- 22o° spy ,ase c✓i A— 072_ e ) rf heirje 14 d- /*osy f thivie w,v 4 int C Can 64✓4.6-£ (3) The amount of relief requested is not substantial because: / jil/e Ke jvsr c,dtvetNrt aL Mee- u l /z'c!7 gT TJIC Pe-.47t is It (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Me4<e 4g£ Na Ch er /0 ling role v&t Sue. Roof fi1Awi/n/6- C/>1rb to .3yreA SryLL (5) Has the alleged difficulty been self-created? ( )Yes,or ONo. O76trIC Gaf+tayfl Desie ep /TIIX Ate fD cop,tOAo i „J Ro 7X 3-at ?- DES/6N to Td'E CthfrotT&Q Or /A/ 7D,✓.✓Grc This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect theSOI4 & e. character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sur• I col t your� attorney.) � to re of A pellant or Authorized Agent 54.... -t must submit written Authorization from Owner) Sworn t• ,efi- e this Zl" da if 20 O �/ ��✓.' via . • 9Fric Claire L. Glew Notary Public, State of New YON' No. 01 GL4879505 Qualified in Suffolk County Commission Expires Dec.8,1 Y� :., • 0 • :0 Page 3 of 3 - Appeal Application Wt\ Part t): REASONS FOR USE VARIANCE Of reauesfedtz For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project Is Located (please consult yobr attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to n su},stuntial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the sianature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) day of 200_ . (Notary Public) ZEA App 9/30/02 • �i) • �` PROJECT DESCRIPTION Kola (Please include with Z.B.A. Application) LcAl Applicant(s): L 7 ± K t rf t / "t l� 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: /2i RccP AIM& .77 /7' Rao/' PE4' Square footage: A/0 CMkt/el 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: /tie CHArv6-t II. If land is vacant: - tt14- Please give dimensions and overall square footage of new constntction: Dimension/size: Square rootage: Heigh/ III. Purpose and use of new construction requested in this application: S73R/1-t5-J faR crcc 7i4F g£J,p£Ncy IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): No An&Orr pirr/c ac nor V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 See Mk/tine/Yr Please note:Further changes;after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Department (765-1809) ifyou are not sure. Thank you. ,�� CI _ S�_�rTOWN OF SOUTHOLD PROPERTY RECORD CARD ... 3? OWNER STREET W'" J • VILLAGE DIST. SUB. LOT . FORMER OWNER N ° %a��o _fat+e,� c_ oE /, AC.� R 5 W / TYPE OF BUILDING ,�l lee M . (ob/ocw S , v,� 1 aC..e, el-b ,# .L ES. 02do SEAS. VL. FARM COMM. cit. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 2-j o-a 02 Se-a-0/ %/yqf ,Prr.7`4I7'6SZ 4.1J-m- & //, f,e. 'id o. 6 0-0 02 7 era 3 3 0O V 2,/Z 7 7 d 14944 B, i? /5 2/L cr',jfx Glee L I-ic. ke 2..c,a ben' zcav _ ,32 cr It/zp n t/ 01 03 -L 122,5//c2/5/ -Kn0MOCA 7h-a Mar1hO S2f S30 513 o BP#* 3/1oz Odd 1 Hon t alfierethon 7 AGE BUILDING CONDITION • NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD c J 7 Q--p 7. S/o p Meadowland DEPTH / y O House Plot ..- i+ BULKHEAD a -' _ . . .Total DOCK I 4t,- b. ,, - t -- iNn — - P. ' irgmt. i : COLOR TRIM 142 AL i r * , 0 , -ie At114\4 i/ if v t- k 0 A* p • . .4 at ' "1"‘ ''./i ri. of •• '.', i i'vitiot 1"1 kik 4 1 a d 7olli 01 1 I le, VI. ' vii' li 1 i ec1( r St 1 1 - , ...41, '4 t 'I W il 20 5 J 4 ____. 1 1/ - _ eiescAlv.5 e -- i 11" --i _ I M. Bldg. -/ / X 3 2 "4"... 4 7 h 300 ,20/ 61 4, - Extension i eo sygi Extension _ Extension '. Foundation C a Bath Dinette 7rc-41: ZO .. A/ -,- •,41-€) it ,,,,6/Basement ri., , , Floors K. Porch Ext. Walls Interior Finish menu. Breezeway Fire Place Heat 0 /VD DR. Garage / 4., 2 a -_ 3.,1 1,_ 0 L., 2n2ez /Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B 0. B. Dormer Driveway ' Total 2.22. / i . , . . . � � / 1i.[*. / / 32q cR ��I�cI 1, 9 _ y ` BIW ; \ Q r'2 �_,,,,, lop W,414, h®t rye k VP' A ® ~ 3egc6 , ® $6 ,x Inc ® ® 0, 4 j A ' I2 21.2 it �tt,C i V , t9 / it4Ijs J ., / lt •+y I4 gv 62! s S 4 :p aV O O 0 ®J,: /4,4„ ' ' -,, © 22.34 i' 1)J i0\N GF ‘24/ .6•4221 ,/ te"l'I''' t, s 44, A:, ,oA4 �4 4:4t440, 7 ® o . • 4 I 4,1 iiki i, .1.442 k.s., i 7/As. 2 I'J922I ®k' sr a QF.+ +,4 iwps, 4,41,:w x''40 ®� ®, 9 h �Q ,, Iii N }A(- snwro ___ - _• 1 .S--9- �V u.�w,ayro (21) O �" IWiF '� .r-a-... S. 'APaRIN a0 f° ® S 4. a" 131J 25.1 h. 26 1 2.3421 Ild SrAId 1U 1(244 2 4 � x 67 27 B.9 2 3.OA 1 L . P 3.3 s 20.0110 ''Logo �® m 9R4. .407:%::: � :b M " I2 m . 1 e.5 7,0 1.%)2"1c1 e 0.6 LPC • 2.049 . 9w ' nil Y : 1 APPEALS BOARD MEMBERS /�40 SOUry' , Mailing Address: Ruth D. Oliva, Chairwoman P � Ql0Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer i * Southold,NY 11971-0959 James Dinizio,Jr. va Office Location: Michael A. Simon ,�� ��� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =.4OOy �'�;�i� 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 February 3, 2006 By Regular Mail and Fax Transmission 467-1122 Mr. and Mrs. Jon Marino 20 Tulip Street Nesconset, NY 11767 Re: ZBA File 5831 — Garage Addition Dear -nd Mrs. Marino: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals at the February 2, 2006 Meeting. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit with all the required documentation. Thank you. Very truly yours, ie,),,ird, — Linda Kowalski Encl. Copy of Decision to: Building Department I . ,' _ :. i*6144 o/f '!'R�►�'`� `_ SUR VEY'' -OF PROPERTY Y so.,4, AT .SO�UT. OLD f,. _ mos ,,y a TOWN OF SOUTHOLD _ R,os CR ,�°•� FG 5 SUFFOLK COUNTY, N. Y. /..\. MP 212 - a 100a--54-08-06 040 -�!/°� w " a6'S '° o WALE- 1'=20' NOV. 20, 2002 FE 52.N it APRIL 30, 2003 (additions, O • T. N• O • I ;pp ,„!;--.81,g ,,ID n e`er' 12.8 14.a MI' ` GEC 2 0 2005 1 O Y P 1 r N p k i-- �yh APPe i ALS o li .;G, 1,1 x. ' , --128' 2i l.1 14.6 " t , 3°''' ; of CONCRIM FE Fk' CER7IFIED TO: o r 1 : as E JON M. MARINO i a KA THLEEit4 MARINO a I- - CHICAGO TITLE INSURANCE COMPANY 1. Col al 1 T1 1 SA RP viali ?, 1- P z�.f- Z a Q I (4311 AREA=10,018 &F. ;:- e°'� i P,��OF NEI/yo SZ1% N. 1.S LIC. NO. 49618 8 93 g3' � ON, ,: :,: Y<<'', P.C. 293.831 So ANY ALTERATION CR ADDITION 70 THIS SURREY IS A VIOLATION 6C 47.65-.11Q26 -. X (631) 765-1797 OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. 4;, k b EXCEPT AS PER SECTION 7209-SUBDI NSION 2 ALL CERTIRCATIONS w % e A p� IHEREON ARE VALID FOR MIS MAP AND COPES THEREOF ONLY/F 12 "A VEL ' STREET i MONUMENT SAID OSE�SIGNNAATuURREPI APPBEAARRS THE IMPRESSED SEAL of 7HE SURVEYOR SOU THO , Oa_" 334. L Y. 11971 ` r .° Uplift= 1550# LIrConstruct -InvisoF ig,,,Docoa , -; - ' - - - , - _ -_ �� SI I I ; Rafter on Staid Wall— r -- (LSTA24 . .RTI 0 - 1No.4:,\ 1- - --,— - - - ------ - -- - - -- 7� Uplift= 1 120# 1' 'Rafter _ ,i �, ;g'p0 - Tiedown , _ -- anrNZ J 4 - Seami'. OW .. , i., i. ,,, „.....-6 - ,1 . _ _,_ _ s ;�W� W!sT/o124 I■( �� 7 �}LC Ill!' !Cacti, ; _ _ _ _ _ I "' Y= 1120# UP =585 P �Ks �' I' ADsa t-' / fP+ F 70# : T7E1 STvD i/ Uplift= 1550# ITbPJi lKV \I w.,1cv '�'/6'r RT10 I• A36 ° N' P # N� Uplift=585# LST N - �rn {� F 1 = 170# it Uplift= 1615# Uplift °� c- o r I ( I H. 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I I - - - i L-1��/ -i) ' -i - I- 1 r }L� I I 10,17,,, i 1 d�•4�. �. . . ,. ..1 .q� -I -' 'v ( I �— ;► j ' I 1 8x8 6.c-e! �i' ;.�; 1 - " DEC_ �- , I- ` _J— I ! 8x7�y' f I r I jj 1 I i i I I I �.A ,� ,.. 1:. 1 �� , , 7 , -40,a 1 1 I I V� I —. t#oo [r �r� I I 1 _ _. - l �5 I Y j, I I 1 I -I - - { r r I- I - 1 • �� 1 _, 1 i I i 1 L,--j- __ 1 1-�_ - 1- j 1 + -1- - -I- �- } _ 1- ---_. I i , 1 -� ! i i I 1 ! 1 i _ 1 1 � ' i � f ,•I ; I 3 I I '� ' I �� a . ' 1 1 , ,.; it r i � '1C" , Av{r1 „, , te Tt# ' ' 10.` Ii1 title AS , i • '► . •� . �.. . :t,' w i a .� It at ret ' • • . •}~ ir • :� „M; 4J w r '4041 %r r A ., _ .. E_ ��. 11110111/ -444 I. 4_ A. -- . v.,. . _ .. /.-- - ,,e, ._. . . ‘,.. :, f-- i ;:.t.: _.: ...... I --/Animilem . . ___ ..., ... • - ...•.r- .rw.... ,.� 04/e,, ...: �li< ,, ,l '�` • ///� r' _ _,_ .� f - �. `'•.� . ,r.- >. 4 C• QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? (` ❑Yes �No B. Are there any proposals to change or alter land contours? ❑Yes C. 1)Are there any areas that contain wetland grasses? NO 2)Are the wetland areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building,area? 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: FAY D. Is there a depression or sloping eleva i n near the area of proposed construction at or below five feet above mean sea level? e }- E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? AOY (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? >' If yes,please submit a copy of your building permit and map as approved by the Building Depai tntent and describe: 2ttp S-70-,c y /1)0>VOfvig-z. 7a £xiJ G. Do you or any co-owner also own other land close to this parcel? /VO 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 S/N z.e /'/}rt?i4-3 fO2 and proposed use -542174Z.- (exam. A2ics(exam. - . - isting: single-family; proposed: same with garage.) _-.�r f11t /Z/j7/ova Autho ed Signature and Date 2/05 ANSACTIONAL DISCLOSURE FO] APPLICAr5Lr,TO OWNER, CONTRACT VENDEE 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. tif f /�v/,Jo Jll (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.) Variance 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 If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this �iay of Signature: -> j�//Cvrt�vc�r Print Nance: . 1 iK NJ • • I f PROJECT LD NUMBER • SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Proj eat Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2 Project Name K1 -i/ /Y9/K/Aid /4?- /,) C 3.Project location: Municipality County /6 /o .S�vv90 ' Ave-i/vt>-- Azq. 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) - J-- 1.4vg.., s 1/ 1- c1r l?4/kii' /p. t SSOLvoV<eW (1(4:o7- s ) 6.Is proposed action: ( )NEW ( )EXPANSION KMODIFICATION/ALTERATION - 6.Describe project briefly: C`/ A( € of p/rZfl (6-4'1M7e) 1 7.Amount of land affected: Initially: acres: Ultimately: acres /m v6-E /OJ D/J' Sq 8.Will proposed action comply with existing or other existing land use restrictions:(-74-YES ( )NO If No,describe briefly. 9.What Is present land use in vicinity of project:(describe): - (>4.Ftesidentlal ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10 Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? (>YES ( )NO If Yes,list agency(s)and permit/approvals. L o /Sura 1_0 11.Does any aspect of the action have a currently valid permit or approval? • ( )YES (,Lj NO if Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permltlapproval require modification? ( )YES O NO If Yes,list agency(s)and permit/approvals: I-: that the Information provided above Is true to the best of my knowledge •� // �/ Applicant 1 Sponsor Name: ' t 'Lf/ Date. /7416//141; Signature: — if the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessir TOWN O" JTId D z05 • RT TILDING PERMIT APPLICATION CHECKLIS' • BUILDIN PA) LI I, Do you have or need the following,before applying TOWN H� !; Board of Health SOUTHOLD,NY 09 BLDG DEFT ' sets of Building Plans TEL: (631)765-18)2_ TOWN OF SOUTHOLD J Planning Board approval FAX:(631)765-9502 ' urvey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: SN 11/A-RI'To Disapproved a/c /l phy/15, Zc' PLIP sT- AfescaNI£T ,v�J //i !' Phone: 63/-- ¢7/33fJ Expiration ,20 631 era/-775p Building Inspector APPLICATION FOR BUILDING PERMIT Date /9-P2/6 /r 20 ©-C INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) /v.V. �/"'/,P o2 Zo 772iP f7. 1/7L--TCar/S£i//V) (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Name of owner of premises �i c f //4-7-#6.07v A nz//d0 (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. N//f Plumbers License No. Electricians License No. Other Trade's License No. ///1- 1. Location of land on which proposed work will be done: /O/05 SoviYD V/e,v /fC Sa(nfac.Z) House Number Street Hamlet County Tax Map No. 1000 Section 5¢ Block eit Lat202g.IV11109 Subdivision Filed Map No. 1hoYwei ij tsl2,I;Idu9rr'tn61 0043 Atjli,2,sSbCeUdlIUkI.oil (Name) OSklu12s qxj t�;sT 2. State existing use and occupancy of premises awl intended use and occupancy ot'proposed construction: a. Existing use and occupancy 7114C-6E >�ia!/e y k'£S/v c� - b. Intended use and occupancy S/f/YZE- 1An-r/uy i2 '/)&r/cE. 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost *344D a' 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 S7/Vcf- 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. AM- 7. Dimensions of existing structures,if any:Front /itg Rear /i( Depth Or 2Z%" Height I®' Number of Stories SA5/e Dimensions of same structure with alterations or additions: Front /4/6 Rear /'r/ 6 Depth f'ZZ'/" Height /9' Number of Stories �i /e 8. Dimensions of entire new construction:Front tilk Rear Depth Height Of Number of Stories 9. Size of lot:Front 'a At Rear p'/¢ Depth /33,5' 10.Date of Purchase May©3 Name of Former Owner OZ3L4c7 11.Zone or use district in which premises are situated --- 12.Does proposed construction violate any zoning law,ordinance or regulation?YES NO 13.Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO X .�✓/,y� ii7eieo� sr 637- ?/--77 . 14.Names of Owner of premises cl0i /27b2/� Address2Pt'- sr .. Phone No. 6d/-f7/-33J' / ,c Name of Architect 9_ Address Phone No Name of Contractor 0 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 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 to ) :13-6 J r Y l Pi/)-<Ara being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the DWAieI`2 (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authonzed to perform or hav°d 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 m the manner set forth in the application filed therewith. Sw.a to before me this', r ail day of Al i I 20 CK is- • if ( 'ft--rd' t L A . If* J. ���. Ji(t Not•II'ublic Signature of Applicant 411, BONNIE].DOROSKI Notary Public,State Of NewYbrk No.01D06095328,Suffolk Cr* Term Expires July 7,20_0_, ,,, 16) • ELIZABETH A.NEVILLE °� /�® Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS us �e Southold, New York 11971 MARRIAGE OFFICER 7e4 . . Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ®lyC ���I Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER "UNTd, ro�� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 22, 2005 RE: Zoning Appeal No. 5831 Transmitted herewith is Zoning Appeals No. 5831 of Jon & Kathleen Marino-the Application to the Southold Town Board of Appeals. Also enclosed is a Project Description, a Questionnaire for Filing with the ZBA Application, a Tranactional Disclosure Form, a Short Environmental Assessment Form, a copy of a color photograph of the existing garage, an architectural drawing of the garage attic floor plan, a survey of the property, Application for Building Permit, Town of Southold Property Record Card, and a Notice of Disapproval. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/20/05 ZBA# NAME CHECK# AMOUNT TC DATE IMP 5831 MARINO, JON and 1204 $400.00 KATHLEEN DEC 2 2 2605 Southold Town Clorb Thank you. $(./W • Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/22/05 Receipt#: 1204 Transaction(s): Reference Subtotal 1 1 Application Fees 5831 $400.00 Check#. 1204 Total Paid: $400.00 Name: Marino, Jon & Kathy 20 Tulip Streeet Nesconset, NY 11767 Clerk ID: MICHELLE Internal ID.5831 I(p ~ ; -5 Ciao (MC/66 ,/J'S' and half bathroom (toilet and sink). construct,at property known as 13795 are not permitted in an accessory build- The reasons in disapproving the build- Oregon Road (right-of-way extending ing,and only one,single-family dwelling ing permit application ate that the new from the north side of applicant's prop- is permitted on a lot.A Certificate of LEGAL NOTICE construction will increase the degree of erty),Cutchogue;CTM 83-240.16: Preexistmg Use was issued 7/5/2001 for THURSDAY,JANUARY 26,2006 nonconformance when located-at less (a) barn (building. #1) at less a single-family dwelling and"accessory • SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with-living space above*."Loca- BOARD OF APPEALS than 35 feet from the front lot line.Lo- mg rear yard setback, ` _ tion of Property.East End Road,Fish- PUBLIC HEARINGS cation of•Property:4185 Camp Mineola (b) additions with• alterations ers Island;CTM 4-7-3.3(part of Lot 3). NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;.CTM 1000-123-5-26. to a nonconforming accessory garage The Board of Appeals will hear-all suant to Section 267 of the Town Law 10:15•A.M:T GREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir- and.Chapter 100(Zoning),Code of the ROBERTS•#5817. A variance is re- rage is not entirely in a rear yard,and is mg to be heard or desiring to submit Town of Southold,the following public quested under Sections 100-243A and extended into a front yard,and written statements before.the condo- 'hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each :OLD TOWN ZONING BOARD OF tor's October 6,2005 Notice of Disap- as-built and proposed, referred to as hearing will'not Start earlier than des- APPEALS at the Town Hall; 53095 proval of an application for building storage container buildings#3 and#4, ignated above,-Files are available for Main Road, P.O. Box 1179, Southold, -permit concerning additions- and/or in a yard otherthan-the-Ode-required review during regular business hours.If New York 11971-0959,on THURSDAY, - alterations,to,,the dwelling.The reason rear yard. „ , , you have questions,please do not hesi- JANijARY 26;2006i stated in the disapproval is that the as- 11:25 A.M.MICHAEL and HELEN tate to contact our office at(631)765- .- 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON #5792. Request'for 1809,or by email:linda.kowalski@town. #5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us. Section 100-30A.3,bulk schedule,based -setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006. on the Building•Inspector's October 20, -conformance at-•less_than 35-feet from 1000-104-2-7.1, from the-adjacent va- ZONING BOARD OF APPEALS 2005 Notice of-Disapproval concerning the&front lot line.Locatiori of Property; cant land identified as CTM 1000-104- RUTH D:OLIVA,CHAIRWOMAN a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the Building Inspector's 7706-1T 1/12 Teri-nit No:31.483=Z for construbtion%of. - CTM 110`5=i. • August 23,2005 Notice-of Disapproval ' A new dwyelling.whicli will exceed tile '16:20 A.M.GERIAiMINEKLEIN and its determination-that the proper- •aide limitatidn`of 2-1/2-stories for-pro -0793."A variance•is requested under ties have been merged pursuant to Sec- posed-132.square-feet•of=`space above ,Section 100;231, based on the.Build- lion 100-25:Location of Property:Cor- the-second floor and,code-compliant ing Inspector's August 15,2005 Notice ner of Horton Road and Bittersweet stairs,at 750 Mill Road,Mattitubk;CTM -- -of,Disapprdval concerning a request Lane,Cutchogue,containing 63,808 sq. 107-14. - •, - _ . for;approval of a fence shown on the ft.as merged.Zone District:R-40 Low- - 9:35 A.M.-•'TIM ;TRUJILLO and . 12/13/ 05 survey,as-built,prior to recent Density Residential, PAULA DANIEL #5830. The Appli- changes. The fence exceeds.the code 11:45 A.M.BARBARA and KIMO- i carjt=Owner requests a Special Except --limitation of four feet when-located in NO THERMOS #5825.'A variance is .tion to establish an Accessory Apart- the front yard,at 160 Sound Avenue and requested under Sechon:100-244,based. went-within their existing single-family Sound Road, Greenport; CIM 33-4- on the Building Inspector's October 20,. building as provided by Section- 100`" 35.2.-Zone-District:R-40 Low,-Density2005 Notice of Disapproval,amended '31•B;subsection 13 of the zoning cdde. , _Residential. .. December 8,2005 concerning an applr- .Location'of-Property: 580 Soundview, =.10:45 A.-M.EDGEWATER'II,LLC cation for a building permit to demolish '_Avenue;Pecon c;CTM74-2-6:•jr';'• #5815.-A Fvaiiance,is requested-under an existing dwelling construct a new '-'0:40 A.M.RAIN`and'N1Ni VIN- '.Section 100-30A 3;bulk schedule,based -dwelling with setbacks at less than the -TElZ(Owner-:MA TINE,INC)-#5809. -on the$tilting Inspector's October 19,- code required-10'feet on a single side Variances'are.requested undec,Sections -2005•Notice of Disapproval concerning and less than 15 on the second"side yard, t0033•and 100239.4A(1);based on"the` a reque§t'.to amend a building permit, at 355 Sound Beach-Drive,Mattituck; • Building Inspector's October 7, 2005 and requesting variance relief exceed- CTM 99-1-19 - Notice of Disapproval concerning an ing the variance limitations granted, 11.55 A.M. JAMES and KAREN 'accessory swimming pool,proposed in a under Appeal No.5330 concerning the HOEG#5821.A Variance*requested side yard instead of the code-required -i height of a dwelling which irregular under Section 100-31A,based on the ,fropt yard'or rear yard,and in a location roofline•exceeded 35 feet at its highest ,Building Inspector's November 1,2005 at less than 100 feet from the top;of the point,and included a bedroom designed Notice of Disapproval Tor a certificate ' bluff orbank of:tlie Long Island Sound. in space above the second-floor.-This of occupancy to allow the existing,one- Location of Property:590 North View variance is for a third design,modifying story building to be used as a principal; 'Drive,Orient;,CTM 13-1-5.1. , and expanding the floorspace above the office use,instead-of an accessory'-office 9' 0 A:M:'THOMAS,LANDI•#5816. second floor,exceeding the code limita- iii conjunction.with.the former dwelling `A-vanatiee=is,rP'quested under Section tion of 2-1/2 stories;and modifying and use which was removed,-at 15400'Main 'y'('244,'based-on;theBuilding Inspec- adding roof angles which exceed the Road,Mattituck;CTM 114-9=1.' tor's November 7;2005 Notice of Dis- code limitation of 35 feet Location of 12.05 P.M.PAT TAVARONE#5829. approval concerning an application for Property. 63735 C.R. 48 (a/k/a North A variance is-requested under Section a building permit for anew swimming Road or Middle Road), Greenport, 100-30A3,bulk schedule,based an the ' 'popt,-which construction will-Increase CTM 40-1-20.2. Building Inspector's November 1,2005 .the,building coverage of the lot m ex- - 11:00 A.M. JON and KATHLEEN Notice of Disapproval- concerning a efts,of,the code's_20% limitation, at MARINO#5831.A variance is request- building permit under #22830Z which 950 Waterview Drive,Southold;'CTM ed under Sections 100-33 and 100-242, restricted the use of the attic to`lion, 78-7-28. based on the Building Inspector's De- habitable" area. An application has 9:55 A.M.SUSAN ROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the #5824.A variance is requested under concerning a building permit applica- as-built alterations which,modified the Section 100-239.4A(1), based on the tion to construct-an addition to the non-habitable attic area to living space Building Inspector's November 15,2005 existing accessory•garage.The reason and converted the floor above the sec- Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the building perntit application to construct application is that the construction will code limitation for 2-112 stories, an,addition,for the reasonthat•the new- increase the degree of nonconformance •12:20 PM. GEORGE'and-ELIZA- construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814.A variance from the top of the bluff or bank of the yard area of the existing accessory ga- is requested under Sections 100=31A Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location and.100-242A, based on the Building Road or North Road),Southold;CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005-Notice 52-1-6. Southold,CTM 54-8-5 of Disapproval concerning a requested 10.00 A.M PHILIP MILOT#5705. 11.10 A.M. TIMOTHY STEELE for a building permit to,,construct an Variances are requested under Sections #5618 (Continuation from Variances addition and as-built alterations'to an 100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living /h—a-ae 64r/- the Building Inspector's November 21, 31A(2)(c), and 100-242A, based on space.The'reasons for disapproving the �L 2005 amended Notice of Disapproval the Building Department's April 23, building permit are that the addition L U(/ Gel „ _ j concerning a proposed second-story 2003 Notice of Disapproval,amended will change the uitensity of use,increas- u-�/`moi' 874) addition and alterations to the existing January 28, 2005, concerning a build- ing the degree of nonconformity, andJ one-story garage,for a recreation room , ing permit application for the following the as-built additions and alterations #7706 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 12th day of January , 2006 IP Pri tal Clerk Sworn to before me this l\day of 91/1--r\------ 2006 .a1-4/V 6 13ISTINA VOLINSKI IN LIC-STATE OF NEW YORK No. O1-VO6105050 alit]llfle l In Suffolk County mti ;egt i #xpitts February 28, 2008 • 113,7/ U.S. Postal ServicelM ru CERTIFIED MAILTM RECEI o (Domestic,Mail Only;No Insurance Covert' )ovided) a For.delivery information visit our website at www.usps come qo nr= - r-IF-z RC LI AL U S E Postage $ 0.63 U T - 5 7 0 Certified Fee / ` •,` Cl //! Postm Return Receipt Fee c j Here (Endorsement Required) 1.85 1=1 Restricted Delivery Fee q Clerk: .f 77 V ra (Endorsement Required) r17 C _ ru Total Postage&Fees $ 4.88 mi Sent To 6.e.„0/.2,eii)e / .7—ei�!C!1///jn�-t/ /` ,���-,,� or POBoStreet, xcNo. 26(9 Z-AVDO L 4 v2 City,Smote Z,Pt4 D2(_ va FL. 3 2,D6 F.01 :r r 11, See Reversefor Instructions U.S. Postal Service,. '-^ CERTIFIED MAILTM RECEIPT rnu (Domestic Mail Only;No Insurance Covet jrovided) r-1 For delivery( i"�r information visit our website at www.usps.coma c l SOgflltf'�, [11 d A L U 3 E c0 Postage $ 0.63 0�su7 o Cerflfled Fee , 4 P`C�-40(41,0,j, q 0 Return Receipt Fee c l !v Here (Endorsement Required) 1.85 f -G O Restricted Delivery Fee C1Pri r.,117 '—' ra (Endorsement Required) G /, y ^� Total Postage&Fees $ 4.88 AJ, 'J',.- �- osem To 0 /'rev.✓ /� j�114,0 N S9reet,ApL No.; or PO Box No. freb .1/tIC/GP City,State,0P+4 S`J],4 crC/ /'/ y_ ( '/ • :II 11 U.S. Postal Service,. 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RECEIP—' ru (Domestic Mail Only;No Insurance Coven /rovided) 1-9 For delivery information visit our website at www.usps.comm C 4 ,,,Pr„ENFJ114C11 A L U 3 E `a Postage $ 0°53 UNIT ID: 0767 `a Certified Fee im � Return Receipt Fee fle-� j- (Endorsement Required) 1.85 �G O Restricted Delivery Fee rk° K 11ZZ0 ,-4 (Endorsement Required) LnlJAN 14 2006 -4 rl.l Total Postage&Fees $ 4.88 01 14/05 Sent To (� S 0 Street ApL 11fo.;_�y �+r (/a[1.5 N or PO Box No. 2( 1 fJ • City,State,ZIP+4 - SSD£ //y, //3‘.9 P F.rm o r r r•201 cv Reverse for Instructions U.S. Postal ServiceTM °a CERTIFIED MAILTM RECEIPT\ m (Domestic Mail Only;No Insurance Cove( Provided) 1-1 For delivery information visit our website at ww(w�.usps.com® tc t „. _ f i (1J1C L A L� USE `O Postage $ 0.63 UNI 6767 Certified Fee CI '�cJo� ���ostrn 1 Return Receipt Fee c P Here D (Endorsement Required) I.85 !C --t O Restricted Delivery Fee ,-a (Endorsement Required)' Clef r'' ' J Is) ru Total Postage&Fees $ 4.88 04/06 LSPS CI UJOf�KNU Sent To / / C� /~ � It orrPOBox Apt.No. - or POCZ) & �51op ` 'Z jp City,State,ZIP44 R[v 7i N . /O¢7l U.S. Postal Service,. o CERTIFIED MAILTM RECEI!' ru (• Domestic Mail Only;No Insurance Cove i rovided) r9 - - ---- -_- -- - -- - -- -- ------ - -.- For delivery information visit our website{ at www.usps.coms 4 .LI ki i ECK 3t5, A IL_ 12,..5 E Postage $ 0.63 ti, I. i'' • CI Certified Fee 2.40 Wl+i1, i oReturn Receipt Fee 1.85lig ` O (Endorsement Required) CI Restricted Delivery Fee i'w -rk: XY I.:Illi ' A t� (Endorsement Required) Q 0N\ ▪ Total Postage&Fees $ 4.88 01 Em ID Sent To ni -0 D (RA-kbs I—IV' P- or PO,Apt.N.' `0� MO vci I-I or PO Box No. ,J �v1lJ 4 CRY.State,ZIP+4 ' i I AM I 13Z .rm c.i - IS e-_:- er for I str ios ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT 4/ /tid OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- �t - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JA/ 1'2 1' residing at 2 TV--t? -57—• /l Cdh/f£ , New York, being duly sworn, depose and say that: On the /4" day of S- day , 20°6 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to b- ' I ni z641^ 2e-06 4111r0v:)/ • (Signature) Sworn to bef e me this 17 day of ,200 Co LYNDA M BOHN 1 NOTARY PUBLIC,State New York N0.01806020932,Suffolk County (Notary Public) Term Expires March 8,2041 *near the entrance or driveway entrance of my property, as the area most visible to passersby. L. 7 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT 30:A1 .112-11-17111 �4tef/ MAILINGS (Name of Applicants) CTM Parcel #1000- /¢ -®r (2 ' x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 'f,a ii �4 M/ residing at P S%/ A7&Co Arse f IV- ,New York, being duly sworn,depose and say that: On the 14*day of id . ,-7-006 , I personally mailed at the United States Post Office in M�Sco rrcc {" ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES 1ED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the j Assessors, or( )County Real Property Office Srr7Ire-a , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. _- , (G2; 4R -Val" 'or‘ •-4.4..L.— . (Signature) Sworn to b f e me this n day of , 200c. LYNDA M BORN I,\t NOTARY PUBLIC,State of New York Y , NO.01606020932,Suffolk County (Notary Public) Term Expires March 8,20M. PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ----- owner-names and addresses-fur-whieh we otices re mailed:thank you. -- - _ 1 . .)./ , -. -3 _csii-J4-Ai y-- 4_irv-.0 (34 i ye 1:4- 00 _ 1 -.4-7-ilefEAir le 1 Ci -61 7 -11-711-DO 4,4Airt---, 6/24471/60 i---2, 3,4-0 i ( _ _ 10-0 __CvNp14/ h/E 9_ _ _ /o0o_Se ScwA(D 0 2_Ai 41/e _ - - - - --- -- - --- _ _____ _ .,, ._ Mo(55:- Sguid;iew • ,..9vi--/i4)12_,D _ _ivy. , /_/_ 7/__ ___„___ _ _ _ __ , .5,•5'-,- 2-_,-/s- _ .66 to - 1,4 ( 11[Alm' i'elvizo_s _ _ 2-50 -Do 6--(Afcrzo 1.41-7.,v6. ,s-02.3 rillokurci Lk, z56.___?00.4-6 0_ ..S'ov < j i ,7-7/ ---- - , L(4._ Wk__ C 0 /41.46rte_ /_ f_t_45 and half bathroom (toilet and sink) construct,at property known as 13795 are not pernutted in an accessory build- The reasons in disapproving the build- Oregon Road (right-of-way extending mg,and only one,single-family dwelling mg permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificate of LEGAL NOTICE construction will increase the degree of erty),Cutchogue;CI'M 83-2-10:16: Preexisting Use was issued 7/5/2001 for THURSDAY,JANUARY 26,2006 nonconformance when located-at less (a) barn (building #1) at less a single-family dwelling and"accessory SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with living space above*."Loca- BOARD OF APPEALS than 35 feet from the front lot line.Lo- ing rear yard setback, tion of Property-East End Road,Fish- PUBLIC HEARINGS cation of Property:4185 Camp Mineola (b) additions with alterations ers Island;CTM 4-7-3.3(part of Lot 3). NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;CTM 1000-123-5-26. to a nonconforming accessory garage The Board of Appeals will hear all suant to Section 267 of the Town Law 10:15 A.M: GREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir- and.Chapter 100(Zoning),Code of the ROBERTS #5817. A vanance is re- rage is not entirely in a rear yard,and is mg to be heard or desiring to submit Town of Southold,the following pubhc quested under Sections 100-243A and extended into a front yard,and wntten statements before the conclu- hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each OLD TOWN ZONING-BOARD OF tor's October 6,2005 Notice of asap- as-built and proposed, referred to as hearing will not start earlier than des- APPEALS at the Town Hall, 53095 proval of an application for a building storage container-buildings 43 and#4, ignated above. Files are available for Main Road,P.O. Box 1179, Southold, permit concerning additions and/or m a yard other'than the code-required review during regular business hours If New York 11971-0959,on THURSDAY, alterations to the dwelling.The reason rear yard. - - - you have questions,please do not hesi- JANUARY:26,2006: stated m the disapproval is that the as- 11:25 A.M.MICHAEL and HELEN tate to contact our office at(631)765- 9:30 A.M. JAMES NEUMANN built enclosure of an existing porch will REDDINGTON'#5792. Request'for 1809,or by email:linda.kowalski@town. #5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us. Section 100-30A.3,bulk schedule,based setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006. on the Building Inspector's October 20, conformance at less than 35 feet from 1000-104-217.1,,from the-adjacent va- ZONING BOARD OF APPEALS 2005 Notice of Disapproval concerning the-front lot line.Location of Property: cant land identified-as-CTM 1000-104- RUTH D.OLIVA,CHAIRWOMAN a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,based on the-Building Inspector's 7706-1T 1/12 -- Permit No.31483=Z for construction of CTM 110-5-1. , , - August 23,2005-Notice of Disapproval + - ----- a new dweiling-which will exceed the 10.20 A.M.GERI ARMINE KLEIN and its determination-that the proper- code+limitation of 2-1/2-stones for-pro- #5793.A variance is requested under ties have been merged pursuant to Sec- posed 132-:square;feet'of'space above- Section 100-231, based"on the Build- tion 100-25:Location of Property:Cor- the second'floor and code-compliant ing Inspector's August 15,2005 Notice ner of Horton Road and Bittersweet stairs,at 750 Mill Road,Mattituck;CTM of Disapproval concerning a request Lane,'Cutchogue,containing 63,808 sq. 107-1-1. - ' for approval of a fence shown on the ft.as merged.Zone District:R-40 Low- 9:35 A.M. TIM -TRUJILLO and 12/13/05 survey,as-built,prior to recent Density Residential. PAULA DANIEL #5830. The Appli- changes. The fence exceeds the code 11:45 A.M.BARBARA and KIMO- cap1Owner requests a Special Excep- limitation of four feet when located in NO THERMOS #5825.A--variance is tion to establish an Accessory Apart- the front yard,at 160 Sound Avenue and requested under Section 100-244,based i ment within their existing single-family Sound Road, Greenport; CTM 33-4- on the Building Inspector's October 20, I building as provided by Section 100- " 35 2.Zone District:R-40 Low-Density' 2005 Notice'Of Disapproval, amended 31-B;subsection 13 Of the-zoning code. Residential. ' - December 8,2005 concerning an appli- ,Location'of,'Property: 580 Soundview 10.45 A.M EDGEWATER II,LLC cation fora building permit to demolish •Avenue,Peconic;CIMz7422-6,;' ' . #5815.A`variance is requested under -an existing dwelling and construct a new ' 9:40 AM.-JOHN-and NINA WIN-- .,Section 100=30A3,bulk schedule,based -dwelling with'setbacks at less than the :TER-(Owner:MA TINE,INC:)•#5809. on the Building Inspector's October 19, code required 10 feet on a single side Variances are requestedunder Sections ' -2005 Nonce of Disapproval concerning and less than 15 on the Second'side yard, '10,0-33 and 100-239.4A(1),based On the` a request to amend a building permit, at 355 Sound Beach Drive,Mattituck; - Building Inspector's October-7, 2005 'and requesting variance relief exceed- CTM 99-1-19. - Notice of Disapproval-concerning an •mg the vanance limitations granted 11:55 A.M. JAMES and KAREN accessory swimming pool,proposed in a under Appeal No.5330 concerning the HOEG 4#5821.A Variance,is,requested side,yard instead of the code-required - height of a dwelling which irregular under Section 10031A, based on the front yard'or rear yard,and in a location roofhne exceeded 35 feet at its highest .Building Inspector's November-1,2005 at less than 100 feet from the top,of the point and included a bedroom designed Notice of Disapproval for a certificate bluff or bank of the Long Island Sound. in space above the second-floor:This of occupancy to allow the existing one- Location of Property:-590 North View variance is for a third designs modifying story building to be used as a principal Drive,Orient;CIM 13-1-5.1. - and expanding the floorspace above the office'use,instead-of an accessory-office -- ..:9,50 A:M.THOMAS LANDI-#5816. second floor,exceeding the code limita- in conjunction,with.tlie former dwelling ,A,vanance'isrequested_under Section tion of 2-1/2 stories,and modifying and use which was removed,.at 15400 Main "'100'244;basad-on the Building Inspec- adding roof angles which exceed the Road,Mattituck;-C'I,M 114-9-1. tor's November 7,2005 Notice of Dis- code-limitation Of 35 feet.Location of 12:05 P.M.PAT IAVARONE#5829 approval concerning an application for Property: 63735 C.R. 48 (a/k/a North A variance is•requested under-Section a building permit for a new-swimming Road or Middle Road), Greenport; 100-30A3,bulk schedule,based on the • pool,which construction will increase CTM 40-1-20.2. Building Inspector's November 1,2005 ',the building coverage of the lot in ex- 11:00 A.M JON and KATHLEEN Notice -of-Disapproval concerning a• cess,of the code's 20% limitation, at MARINO#5831.A vanance is request- building permit-under #22830Z which 950 Waterview Drive, Southold;-CTM ed under Sections 100-33 and 100-242, restricted the use of the attic to"non-. 78-7-28. based on the Building Inspector's De- habitable"'area. An application has •=%9.55A.M.SUSAN ROGERS GRUN cember 14,2005 Nonce of Disapproval been filed for a building permit for the , #5824.A variance is requested under concerning a building permit applica- as-built alterations which modified the ? Section 100-239 4A(1), based on the tion to construct an addition to the non-habitable attic area to living space ' Building Inspector's November 15,2005 existing accessory garage.The reason and converted the-floor above the sec- Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding.the building permit application to construct application is that the construction will code limitation for 2-1/2 stories. an,addition,for the reason that the new increase the degree of nonconformance 12:20 P.M. GEORGE and`ELIZA- construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814.A variance from the top of the bluff or bank of the yard area of the existing accessory ga- is-requested_under Sections 100-31A Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location and-100-242A, based on the Building Road or North Road),Southold;CTM of Property:10105 Soundview Avenue, Inspector's'September 26,2005-Notice 52-1-6. Southold;CTM 54-8-5. of Disapproval concerning a requested 10.00 A.M.PHILIP MILOT#5705. 11 10 A.M. TIMOTHY STEELE for a•building permit to construct an Variances are requested under Sections #5618 (Continuation from Variances addition and as-built alterations to an cert 100-33,100-242,and 100-244,based on are requested under Sections 100- • existing accessory building with living the Building Inspector's November 21, 31A(2)(c) and 100-242A, based on space.The reasons for disapproving the 2005 amended Notice of Disapproval the Building Department's Apnl 23, building permit are that the addition !/U ,; ',� L concerning a proposed second-story 2003 Notice of Disapproval, amended will change the intensity of use,increas- � 'r 814) addition and alterations to the existing January 28, 2005, concerning a build- mg the degree of nonconformity, and / z one-story garage,for a recreation room mg permit application for the following the as-built additions and alterations / ' ef #7706 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 12th day of January , 2006 / 'a IP Pri tal Clerk Sworn to before me this I \day of ( 2LA- -' 2006 ISTINA VOLINSKI -1(4 WARY PUBIC-STATE OF NEW YORK N.o. O1-V06105050 ititiiifieti In Suffolk County "";mh,:e.io; txbites February 28, 2008 • 11; 71 NuTkE iF EAiINo The following application will be heard by the Southold Town Board of Appeals at Town HaIl , 53095 Main Road, Southold: . 'AME : MARINO , J . & K. #5831 MAP # : 54-8-5 APPEAL : Variance-Yard Location BEQUEST: Addition to Accessory Garage DATE : THURS . , JAN . 26, 11 : 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 . ONING BOARD-TOWN OF SOUTHOLD 765- 1809 ZONING-BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 6, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, January 26, 2006 Hearings 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 January 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than January 18th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than January 19th: 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 posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. 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 Encls. • e.-.Yi a'"AS MW l O SOU THOLD, NEW YO'IKi ' ACTION OF THE_ ZONING BOARD OF APPEALS DATE ... .... Appeal No. 641 • Dated Imo ACTION,OF TIlE ZONTNCs IWARD OF•APPEALS OF THE TOWN OF SOUTTHOLD To 14.4 ) ii: ,# 42417,1*1* Appellant f lakeSt • at a meeting of the Zoning Board of Appeals oneApril s 29,4 the appeal was considered and the action indicated below was taken on your Request for variance due to lack of access to propeirty ( ) Request for special exception under the Zoning Ordinance ( Request for a variance to the ZoningOrdinance ) • 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be,denied pursuant to Article ._._......_.._ Section. .._....._............_. Subsection ....._......._......... paragraph ......._...._..._ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be 'oonlirmed because . , %AO tttatiml, t - etark Sams Mao ' . tilat *r� r* Ork:• net nit* Nei* SOWN Mavottomity, vlfi`NF41$i7k 'RP .. - orISM tub. ' tb _ 'F ,o amt by Juba taigas math by Saut 11.4 4 t mot by toloyi 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or 'unnec- • essary hardship because MOUS • (b) The (hardship created (Is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because MAIM (c). The,variance (does) (does not) observe the spiirit of the Ordinance and (would) (would not) change .the ;character of the district became and therefore, it .was further determined that the requested variance ( ) be granted ( ) be denied ., 7 • - after iumastigatiou inspeotiou of the cite.. the Scud - Oat the 4iffoultivoi and hardship :toted by the aol;ioaut ewe Atespsatoied by au tigrinitgaisy shaped cad tuldersizein Th 'to that the house was built -prior to the Scab* Ortiaeace* St is -the Solute oplaim that straUtrtt adherence to Ow bat**yard regiezteemeltta el the die lc this instance Ismail not iiapteve the eittaraftter of the ocisitibosthoci4 140* in *tot* dote rate character by causiag Via removi4Ofstrtsstaatial tres* She Soma finds that striot atiplicatioe of the Ordiaseee produce practical ittetioalties or Imam:essay barlichi* the hardship toed is calque and would sot bit shared'by all properties alike in the laterdiate violufty of this impiety and in the caw lictriett and the variant* dose ottseree the seta* of the Oziteauce not ohmage the almacter Of -the 4istriets • limetore. itlos Iinnien*In that a. Stu clerk a aciaiht lie; of iSreaelprts Rot Wok. ale-Stottett Azaricilicenci 1,301 Pitts *aft lane. inceareasica Sew Verit he spatted pereisciers to erect a private detcrhed garage in the side area of property located an the-tuirtb.„side . of Socadviest Mame.. Soletho34 Net. WOG bapadcd Iturtthrty Diplaros Weer* oast hir atm Partyzo., south IV' lessettiew 2Weisasp. aed. vest by , Weld 1.7. Clash. _ „ . _ .• • , . • a � 410 APPEALS BOARD MEMBERS - /40 SOUryo Southold Town Hall Ruth D. Oliva, Chairwoman d . 1p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ire ; Southold,NY 11971-0959 Vincent Orlando C,, Office Location: James Dinizio,Jr. �0����,1 Town Annex/First Floor,North Fork Bank Michael A. Simon ;I,yCOU � 54375 Main Road(at Youngs Avenue) • s$1.01°1 i Southold,NY 11971 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 , MAR 1 7 2005 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 Sou old To n Clerk Appl. No. 5652—JON and KATHLEEN MARINO Property Location: 10105 Soundview Avenue, Southold; CTM 54-8-5. 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 property is 10,018 sq. ft. in area with 80.14 feet along the north side of Sound View Avenue in Southold. The property is improved with a one- story, single-family dwelling with wood deck and accessory garage, all as shown on the November 20, 2002 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's December 3, 2004 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct a proposed porch addition and second-story addition, which new construction will be less than 35 feet from the front lot line and which will increase the lot coverage from the maximum permitted 20% to 21%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 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 porch addition extending seven (7) feet in front of their home at 23'1" at its closest point to the front lot line and seven (7) feet into the westerly side yard. The applicants also wish to construct a second-story addition over the existing first floor of the dwelling, maintaining the existing 30 ft. setback, at its closest point, to the front lot line. The lot coverage originally requested is 21% of the total lot area, inclusive of existing and proposed building area (exclusive of stairs). REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The alternative relief granted for the front porch will measure 5 feet by 28 feet and 7 ft. x 8 ft. at the side of the dwelling. The 5 ft. porch at the front Page 2—March 10,2005 • ZB Ref.5652—J.and K. Marino CTM ID: 54-8-5 of the house will run parallel with the front property line with a setback at 25 ft. 1 in. at its closest point to the front line at Sound View Avenue. The alternative relief is consistent with other homes in the neighborhood, some with a front porch. The alternative relief will increase the front setback to become more conforming, and will bring the lot coverage more into conformity with the code requirement. The porch, as alternatively granted, will have no adverse effects on the surrounding properties and will enhance the appearance of the residence. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The code requires a 35-foot front yard minimum setback for new construction, and without a variance the applicant would not be able to construct a front porch. Because the measurement is 49 feet from the actual road due to the utility easement, the porch will appear more conforming. 3. The requested area variance is substantial and represents a 30% reduction in the current 35 ft. minimum code requirement. 4. The difficulty has been self-created when the applicant designed an extension to increase the degree of the existing 30.1 ft. front yard nonconforming setback. 5. No evidence has been submitted to suggest that the alternative relief will have an adverse impact on the physical or environmental condition in the neighborhood. 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 Member Goehringer, and duly carried, to DENY the setback variance for the porch extension as applied, and to GRANT alternative relief for a reduced porch extending five (5) feet from the front side of the dwelling, instead of seven (7)feet, 28 feet long, at a distance 25'1" from the front lot line, of a design similar to that shown on the schematic diagram hand-drawn by Jon Marino dated 10/1/04, and to GRANT the setback variance for the second-story addition over the existing first floor area maintaining the existing setback, as shown on the applicant's schematic diagram and shown on the site map (sketched-in survey originally prepared by Peconic Surveyors, P.C. dated November 20, 2002, amended April 30, 2003). 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, and Simon. Nay: Member Dinizio. This Resolution was d ly adopte�,i (471).QUA-of Ruth D. Oliva, Chairwoman 3/ /05 Approved for Filing J---,i. , i---,i.if ri„:, 11: 6-16 1 A '. ' - ,. , . ,...--, ' Town of Southold ZBA - . r • , 7777—----- ---7-1 r2i—SEQRA 0 App Name - '0 Tax Ma - 0 File No i I--1 II ! 1 . _ , . 1 i___, , Board Mem*: James Dinizio , Li'UriBte. . 1-.:,. . Search. r---------1 1 1--1 q ' L_J Other 1,,= . 'Hearing Time:, .-z„ 1.32 AM ir„,..........._.;__....... ,,, - -, - 1 . [ File Number: 583i 'ir: Tax Map:154.-8-5 -App. Name: jMarino, Jon and Kathleen I Received Date: :L20/200511Tot. Fee's:ll-$40006. ,f ——_—__. , s'!7•-": "7-:"'', i Hati let jType so-t. i * -: Resicil zone'fiT-74701 Date forwarded to Town Clerk , 12j20/2005i Status )N Meetingj 4:, Meting Dates . - Building Dept _ •1- . 1 1'Location' 110105 Soundview Avenue1---1 1! Meeting Date ' i ND Date ,,F/TOgft , ---,, Short ..- Second floor addition to existing garage located in ,i, 1, HearinOate =7:71 :ND Date' .1 II, Desc.:iL side yard; 100-33 requires rear yard; Increases non- r Hearing Date NDDate - n"--11 I-11 COY 1, ±I Iconformance (Walz) Hearing Date I-1! ND Date 177 1 Hearing Date im—IL ND Date - , _ .. - - - - 1 - .. Notes lz , Hearing Date. l ! ND Dote r Action Date: - 3mii ND Date. 1 _ ..-- ,a 142M)/2Q05_I 11:37 AM: CAPS i I NUM-j • . —• ' . ' -' • - Deielcilied byttle:Souffickl tov4i1 qata Processing bep6rtmen,* I 1 . , , . . 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