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HomeMy WebLinkAbout5986 'APPEALS BOARD MEMBERS Ruth D. Oliva, Gerard P. Goehringer James Dinizio, Jn, ChaJ_rman Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 8, 2007 ZB File No. 5986 - Phillip and Linda Kermanshahchi Property Location: 7213 Peconic Bay Blvd., Lam-e]. CTM 126-10-1.2 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 130,532 square foot parcel is improved with a single- family, one-story dwelling, shown on survey prepared by Nathan Taft Corwin III, Land Surveyor dated 11/8/04, updated October 22, 2006. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, 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 request a variance to allow the addition of an attached garage with a setback of 14'4" from the easterly front lot line along a private road. 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 applicant's property has frontage along a private right-of-way, and the right-of-way extends at least 400 feet north of Peconic Bay Boulevard. The 14'4" setback is greater than the five-foot setback of the adjacent house to the south (now or formerly of Benedict) and also greater than the three-foot setback of the next house now or formerly of Denston (south of Benedict). 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other practicable location for an attached garage on the property. The applicant's house is pre-existing and the floor plans are laid out. The garage is being located where the carport existed. 3. The variance granted herein is substantial. The applicant seeks a variance to allow an as-built addition ~'r~e 2 - February 8, 2007 ZB File # 5986 - Phillip and Linda Kermanshahchi CTM No. 126-10-1.2 with a 14'4" setback where the required setback is 60 feet. The need for a variance is mitigated by the fact that the new garage in this variance request is attached to a preexisting non-conforming dwelling, and by the fact that this setback is not less than those setbacks that exist for neighboring houses. 4. The difficulty has been self-created insofar as it was the result of efforts of the prior owner to convert a nonconforming structure on this parcel into a dwelling. The original structure had been the bathhouse of a girls' camp and was transformed by a previous owner. The portions of the structure requiring a setback variance had already been constructed by the time the present owner acquired the property. The as-built garage for which a setback reduction is sought was previously a carport. 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 an attached garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Nathan Taft Corwin III, Land Surveyor dated 10/22/2006 and garage addition diagram date stamped 11/14/06 prepared by Donald Jewell, Architect. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action, The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Din~io (Chairman),~liva, Simon, and Weisman. (Absent was Member Goehringer.) This Resolution was duly ~dppted (4-0). / / ,/,/~nes Dinizio J'~., Ch man k~ / t /2007 proved for Filing LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 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 25~ 2007: 10'40 A.M. PHILLIP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard, Laurel; CTM 126-10-1.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: January 2, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8172 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 l_~__week(s), successively, commencing on the 11th day of n_.C~.B.g.8._W~ 2007. Principal Clerk Sworn to before me this 2007 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01 -VO6105050 Qualified In Suffolk ~ountl/ Commission Expires February 28, 2008 /£GAL ~OTICE~S LEGAL NOTICE SOUIHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, jANUARY 25, 2007 PUBLIC HEARENGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the To~vn of Southold, the following public hearings wdi be held by the SOUTH- OLD TOWN ZONING B~ ARD OF APPEALS at the Town Hall, 53095 Main Rgad, P.O. Box 1179, Southokl, New York f 1971-0959, on THURSDAY, JANUARY 2~, 2007: 9:50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-17A, based on the Building Inspector's November 15, 2006 Notice of Disapproval, amend- ed January 3, 2007, concenfing proposed additions and alterations to the existing single-family dwel~ng with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold; CTM 90-4-7. 10:00 A.M. FIDCO g5990. Request for a Special Exception, based upon Code Sections 28048, B6 and Bg, con- cer~mg a proposed conversion of the existing building to recreation facility and (nonprofit) meeting hall, in this B- General Business Zone District. Loca- tion of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R40 Zone, based oi~ the apphcant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The pro- posed lot line change will hacrease the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right of-way to Parcel 2), and will reduce the residential (Parcel 2) from 49,967 square feet to 24,891 square feet (plus 3,258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of Ihe parcels). Lo .cation of Property: 57190 Main Road (S.R. 25) and private right of-way ex tending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63 4-3 and 5A. 10:20 A.M. ARTIIUR AIELLO #5995. Request for a Vathmce under Section 280-122 (100-244), based on the Building Inspector's June 16, 2006 No tice of Disapproval concerning a pro- posed 16' by 20' accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mathtuck; £~FM 143~3 26. 10:30 A.M. RUSSELL and FLOR ENCE PELLICANO #599L Request for a Special Exception under Section 100-3lB of the Southold Town Zoning Code. The Appbcants-owners request a Bed and Breakfast use, incidental to the owner's occupancy in this single-fam- ily dwelling, for lodging and serv/ng of breakfast to transient roomers, as an ac- cessory use. Location of Property: 9680 North Bayview Road, Southold; CTM 10:40 A.M. PHILLiP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's Oc- tober 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Pecouic Bay Boulevard, Laurel; CTM 126 10-1.2. above the average tree ca,hotly heightd that ~adiug measured fronl ~hd le~ If there are no buildings '~ tthin 300 fee of the proposes facility site. all teleport mun ca on towers shall be surrounde by dense tree growth to screen the facility in ~th di~ctibds. Property: ~24~ Main Road East CTI~ 31-3-11.3l ~ontaining 3.05 acres Tne Board of Appeals will hear a 10:50 A.M. HENRY RUGGIERO pemons or their rel~esenta[i?(e;~e~l g5982. Request for a Variance under ~g to be heard al each hea¥1ng, a~hd~ Section 280-122, based on the Building d~ ring o submit ~q~itte~ s~/e~e~ Inspector's October 26, 2006 Notice before the contusion of~ ~a~l{'~heg of Disapproval concerning alterations and/of reconstruction of an existing sunroom, which will increase the degree of nonconformance when located less than 15 feet on a sing e s de yard (ZBA Interpretation No. 5039 in the Walz ap- plication). Location of Property: 425 Calves Neck Road, Southold; CTM 63- 7~29.1. 11:05 A.M.W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100 744, based on the Building Department's February 3, 2005 Notice of Disapproval, concern- ing an application for a building permit to substantially remove or demolish ex- isting dwelling, and to construct a new single family dwelling: (1) at less than 10 fee~ on a single side, (2) at less than 25 feet combined side yards, (3) wilh lot coverage exceeding the code limita lion of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Properiy: 1755 Trumans Path, East Marion; C'PM 31-13 4. 1:00 P.M. WILLIAM E. LEItM- ANN and ALICE LEHMANN #5989. Request for a Variance under Section 280-13A (100 31A),based on the Build lng Inspector's July 28, 2006 No0ce of Disapproval which states that the pro- posed garage is not a permitted use on this vacant property located at 725 Rab- bit Lane, East Marion; (?lTVl 31 17-17. I:10 PM. JOSEPiI E. GULMI and SUSAN BRAVER #5994. Request for Variances under Sections 280 13 merly 100-33) and 280 105, based on the Building Inspector's December I t, 2006 Notice of Disapproval concerning an as- built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four feet, at 750 Pine Tree Court, Cutchogue; Parcel 98 I-7.1L 1:/5 I{M. EAST MARION FIRE DISTRICT #5972. Public Heating re- opened for purposes of receiwng testi- mony relative to projected telecommu uications coverage for tower and anten nas at heights over 80 feet. A Variance under Section 280 69 (100 162A3, AS) is requested, based on die Building Inspector's July 25, 2006 Nottce of Dis approval, for construc0on of a proposed wireless communica flon/t elecomnmni cations tower on property owned,lea sed or otherwise controlled by a special dis- trict approved by the commissioners of the special district. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings within 300 feet of the facihty, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet lag. Each hearing wiU not startt~arlit th,~n, designated above.:~ll~h~v~i abi~.:for review during regular bus hearing If you have qu~fi~ ~lea~ do not hesitate to contact our at (63D 765-1~,0r by email: L~d Dated: J~u~ 4,~7 JAM~S D~IZIO. JR.. cHAI~ 53095 M~ Road [~ing Addr4~ EO. BoxlE To~ FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY NOTICE OF DISAPROVAL AR Design Studio for P & L Kermanshahchi 87A Main St. #35 Southampton, NY 11968 Date: Please take notice that yqur application dated October 16, 2006 For permit for an "as built" addition to a single family dwelling at Location of property at 7213 Peconic Bay Blvd, Laurel, NY County Tax Map No. 1000- Section 126 Block 10 Lot 1.2 Is returned herewith and disapproved on the following grounds: The construction, on this conforming lot in the R80 Zone is not permitted pursuant to Article IH Section 280-14 which states: "No building...shall be altered in the RS0 Districts unless the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The required front yard setback is 60'(feet). The site plan indicates that upon completion the front yard setback will be approximately 14'-4". Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $~/00 -' Office Notes: Filed By: (J>. For Office Use Only ~ Date Assigned/Assignment No. Parcel Location: House No. 7213 Street Peconic Bay Boulevard SCTM 1000 Section126 Block 10 Lot(s) 1.2 Lot Size 2.99 acres. Zone District R-80 Hamlet Mattituck I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: October 20, 2006 Applicant/Owner(s):Phillip & Linda Kermanshahchi Mailing Address: 7213 Peconic Bay Boulevard, Mattituck NY 11952 Telephone: 298-4696 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, amhitect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED October 16, 2006 FOR: [] [] [] [] Other: Building Permit (.__) Certificate of Occupancy [] Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 280- 1~4 Subsection ( ) Type of Appeal. An Appeal is made for: X 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 t3 Reversal or Other A prior appeal [] has ~ has not been made with respect to this property UNDER Appeal No. Year 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: HISTORY: The properties were previously owned by the Roman Catholic Diocese of New York which operated a girls camp. The existing structure which is the subject of this appeal was the bath house of the girl's camp. Thereafter the property was sold and land subdivided. The subject parcel is lot #3 in a minor subdivision of Laurel Acres approved by the Planning Board on February 7, 1977 The existing building was converted to a residence by the prior owner, Perini. The applicant has improved the character of the area: Mr. Perini was a collector of building materials and scraps (converting the structure to a dwelling appeared to be his hobby). The property was a builder's salvage yard. The existing building was a compilation of original structures from the camp which were attached and combined to form one residential structure. Mr. Perini converted the structure to a residence and made modifications to the structure without building permits. The existing house was pieced together with construction scraps. For example, under the proposed garage the roof frame and beams of the original carport temporarily remains. This carport on the south side of the house was enclosed with plywood and a shower door was used as a window and skylight. Another roofed over shed existed on the north side of the house which has been removed. The attic floor consisted of wood doors laid end to end. Mr Perini's widow removed 7 large dumpsters from the property and Mr. Kermanshahchi remoYed two more dumpsters after he and his wife purchased the property in 2004. Mr. Kermanshahchi and his wife have been slowly replacing the rotted siding and roof shingle, high quality Anderson windows replaced the mismatched storm windows and glass panels and sheet rock replaced the paneling. Mr. Perini used salvaged wood for the interior paneling which he stained with motor oil. The applicants have been replacing the previous owner's work little by little, so when they extended the garage they did not realize that a permit was required and that a variance would be needed. The average setback of structures to the right of way are: The neighboring properties are similarly setback close to the road. A survey was prepared which shows the average setback of the neighbor's properties. The only new house is Kraebel on the comer of Peconic Bay Boulevard and the right-of-way. Kraebel received a variance to build a new house in 1995 (Appeal No 4342) at 20 feet from the edge of the right-of-way. The location of the garage could not be relocated. The applicant's house is existing and interior spaces laid out. The location of the existing car port is now the proposed garage. This space has a door which leads to an existing hallway, the garage could not be placed on the opposite conforming (north side) side because the garage would block the children's room and windows and the access door would need to be in the children's room. The children's room is on the north side of the house and a sun room is in the rear. The only location for the garage was where it was proposed and partially constructed. The top of the roof of the addition is 17'6" and was designed to connect to the existing roof pitch. The architectural style of the residence has bev- retained and continued with the eves that rap around the house. (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 original structure was retained therefore when the garage was added it increased the nonconforming setback toward the right-of-way. The house location is preexisting nonconforming. The road is a private right-of-way on a minor subdivision map. The existing structures were located on the property when the land was subdivided. The applicant retained the existing house, the addition of a garage reduces the setback to the right-of-way. The applicant's effort at retaining the character of the home is appreciated by the neighbors. The only alternative, given the existing interior layout of the house, would have been to build a detached garage. 6. :cl. detached garage was not chosen because the garage also provides a location for an updated heating system and extra storage space. The roof pitch was chosen to make a clean transition to the existing roof line- The garage also gives greater architectural style to the front of the existing house. The applicant has three young children under 7 years of age, he and his wife each have a car. Between the children's toys and seasonal equipment, the garage space is very needed. Unlike his predecessor, the applicant wishes to keep the property neat, orderly and properly stored. (3) The amount of relief requested is not substantial because: The right-of-way is used by KraebeMot 1 (126-10-1.5) which obtained a variance for 20 feet to the right-of-way. Denston, Lot 2 (126-10-__)contains existing buildings (formerly the camp chapel and dining hall) which do not appear to be dwellings. Denston, Lot 4 (126-10-1.4) existing dwelling is to the right-of-way. Two other homes which do not use this road (1000- 126-10-12.1 & 12.2) but the homes are located at less than 5 feet to the right-of-way. While. these two homes do not use the right-of-way the structures are very close to the right-0f-way'hnd reflects the character of the neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house was the original girls bath house. The interior spaces, prior to sheet rock, contained names and dates of the campers. The home was purchased as an existing residence and the setbacks were established. The lot is very large (over 2 acres) but the house is located close to the road in the original location of the camp building. The owner has improved the existing conditions of the property. The adjacent owners are neat and properly maintain their property. (5) Has the variance been self-created? ( X )Yes, or ( )No. If not, is the construction existing, as built? ( X )Yes, or ( )No.. The garage was started without a permit. The owner has no general contractor (he is subcontracting the work). He was not aware that a garage addition required a permit. As soon is he was advised that he needed a permit he stopped the work and made the applications. After further consultation, he is obtaining permits for all interior renovation work which requires a permit (heating and electrical upgrades) and any future work. (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) The existing building is nonconforming, and as previously stated, the garage addition to the existing struc,ate increased the nonconforming setback. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, 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.) Otherwise, please proceed to the signature and notary area below. Sworn to before me this ~ Th/ day of AJtg~/, ,200o~ . ~Notar~ Public) ' '~eofA~r Autho~ze~d'Agent (Agent must submit Authorization from Owner) MARGARET C. RUTKOWSK! Notary Public, State of New Yo~k No. 4982528 Co Qualified In Suffolk Coun~ mmission Expire~ June 3, ~--[~ C~ 7 OWNER FORMER OWNER OF SOUTHOLD PROPERTY"RECORD CARD STREET '7 VILLAGE E COM~. CB. MICS. S ..ES. 2~ VL I.AR~ lAND IMP. TOTAL DATE DIST. SUB. // I TYPE OF BUILDING RF-A~ARKS LOT FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH 'illable Plot ~tol /~no o BULKHEAD COLOR ~,T~, Exter~ion Foundation Basement Ext. Walls Breezeway Fire Place C~.~ l'ype Roof Patio O.B. T~al Recreation ROOm 'Dormer Bath FIoor~ Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway BR. FIN. B FO~ PCL. NO. 125 04-024.26 /4, :1 !1 TOWN OF SOUTHOLD BUILDING DE, PARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20 Approved ,20 J'~ Disapproved a/c~ [SAPPR0VAL~ Expiration ., 20 Building Inspector BUILDiNG P~MIT APPLICATION CHECKLIS,,T DO yofi'~/rve or need the following, before appIying'~ Beard of Health --4 sets of Building Plans Planning Board approval ~-~Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: '~lff[IA ~'T ~}~.#1,~~g~g~x~O;l Mail to: ~ ~i' ~1,[~.-~ 5'I" ~ ~S Phone: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ¸, 20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Buildkng 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 adj oiuing 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 hi 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 addihon six months. Thereafter, a new permit shall be i-eqtiired. . , . APPLICATION IS HEREBy MADE io ttie Buildifig 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, ifa corporation) (Ma/ling address of applicant) State whether applicant is owner, lessee, agent, ~'~tii'i'&~, engin~}i gdneral contractor, electrician, plumber or builder (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. O\fi, (~:)cOtl~ Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which prop, osed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Hamlet Block ~o Lot Filed Map No. Lot 2. State existing use and occupanc~premises._ _ . and intendedo use and occu. tI~Y of proposed construction'.. . a. Existing use and occupancy ~4.~kke ~'.~,~,~,.p,, '~,eM~,~.~l~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building_ Removal 4. Repair Estimated Cost If dwelling, number of dwelling units If garage, number'of cars Addition "~ Alteration Demolition Other Work (Description) Fee (To be paid on filing this qp_plication) Number,~f &welling ~tS on each floor laV'~ If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front So' Height. tS' 6 ~' Number of Stories Re&r Dimensions of same structure with alterations or additions: Front Depth. '1o' ~." Height. VI' 6'" Dimensions of entire new construction: Front 2.~' q Height ya' [," Number of Stories _Depth $~,,q u Rear Number of Stories Rear ~t.~' q" Depth 9. Size of lot: Front gl, il.~,. ~-~ Rear Depth %~t.~ I 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated '~- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES h( NO__ 13. Will lot be re-graded? YES__ NO )':- Will excess fill be removed from premises? YES NO 14. Names of Owner ofpremises}q~.4~,~t~,l¢~ Address'9.et. oO.~, ~ ~r~l>Phone No. {,,~ ~Address~Phone No 6. Name of Architect AI~- ~.~q~ ,5~o~o ~ A ~.~.~'-' Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 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 ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set fbrth in the application filed therewith. Sworn to before me this day of 20 Notary Public Signature of Applicant SURVEY OF PROPERTY SITUATED AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-126-10-1.2 SCALE 1"=40' ' NOVEMBER 8, 2004 OCTOBER 22, 2006 UPDATE SURVEY AREA = 150,552 sq. ff. 2.997 CERTIFIED TO: FIDELITY NATIONAL TITLE PHILLIP KERMANSHAHCHI LINDA KERMANSHAHCHI INSURANCE COMPANY OF NEW YORK Nathan Taft Corwln III Land Surveyor 992 Roanoke Avenue Riverhead, New York 11901 PHONE & FAX (6.31)569-5473 EXISTING HOUSE ADDITION 25'-9" 56'-4" EXISTING +/- 30'-7" PLAN SCALE 1/4" = 1'-0" ADDITION EXISTING WALLS PROPOSED WALLS EXISTING = 2244 S.F. ADDITION = 769 S.F. NO. DATE REVISION WARNING DRAWING TITLE PLAN GARAGE ADDITION KERMANSHAHCHI PECONIC BAY BOULEVARD LAUREL ar design studio architect pc donald jewell irchi~ct 87a main street apt3s southampton new york11968 tel 631.204.9210 fax 631.204.9208 e marl djewellarch@hamptons.com 1,3 OCT 06 20F TD01-ALL 0626 NO. DATE SIDE ELEVATION SCALE 1/4" = 1'-0"' ROOF RAFTER ADDITION 25'-9" EXISTING HOUSE EXISTING REVISION WARNING DRAWING TITLE ELEVATIONS+SECTION GARAGE ADDITION KERMANSHAHCHI PECONIC BAY BOULEVARD LAUREL ar design studio architect pc donald jeweO architect 87Jmainslrect apt3s southampton new york11968 tel 631,204,9210 fax 031.204.9208 e mall dJeweltorch@hamptona.com SECTION SCALE 1/4" = 1'-0" FRONT ELEVATION SCALE 1/4" = 1'-0"' 13 OCT 06 TDO1-ALL 0626 Office Location: ` ��. OGy Mailing Address: Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 y� a��� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 March 2, 2007 Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re: File No. 5986 — Kermanshahchi, Phillip & Linda Dear Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our February 8, 2007 Meeting. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. You may want to furnish a supplemental copy of the enclosed at the time of submitting additional documentation requested of the Building Department. I have also furnished a copy of the enclosed to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski Encl. PATRICIA C. MOORE Attorney at Law 51020 Main Road I 50 Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 13 , 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman ���� Southold Town Hall 53095 Main Road �OV 4 2Q06 Southold, NY 11971 ppPEA�s Re: Kermanshahachi NG BOASD Of 1000-126-10-1 .2 Dear Chairwoman and Board members : Enclosed please find original and six copies of the following: 1 . Notice of Disapproval 2 . Authorization, 3 . property card 4 . application for front yard variance 5 . Transactional disclosure 6 . Survey of existing structures with reduced setback for garage addition (15 . 2 to right-of-way) , survey also shows setbacks of adjacent properties 7 . Survey of existing structures prior to construction (original carport shown on survey) 8 . Questionnaire 9 . Project description 10 . Short EAF 11 . Site plan (3 sheets - height of garage addition shown on page 3 of 3) Also enclosed is my client' s check in the amount of $400 . 00 for the required filing fee and one LWRP form for your file. Ver �u y ours, trivia C. Moore Encls . f APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Permit,Development Service Corp Date Prepared: 16 October 2006 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 25'9" X 32'8" Dimensions of new second floor: N/A Dimensions of floor above second level: N/ Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: N/A III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Story single family residence Number of Floors and Changes WITH Alterations: 1 Story single family residence with garage IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2244 Proposed increase of building coverage: 769 sp ft Square footage of your lot: Percentage of coverage of your lot by building area: 02.3 V. Purpose of New Construction Requested: Addition of 2 car garage to exisiting single family dwelling VI. Please describe the land contours(flat,slope %,etc.)as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered (area of requested changes). 7/2002;2/2005; 1/2006 t: r r J- ' f eft � t op— � r . '..�; • -,,,y.a r -=t A4 > .01 t�d=q 1 P 1 r Or .',•_.key,►, r � _ IL ec� t �= F J v r MTV .w.. left Nq f i ». ' Ji �i '4-i-� f Y't ♦..�`Ta` j -1 X� +�C 2.�i •7� h� � / 't I +4' _ •ate. S ; K `..► ga'' � --lire x • low AT .c i -`,�.�}, s``'' a�f�l ^�':� �.�. •ty �,"4 �Tp �'7�' �.Hsi 'i1� ,. � ^�'� �4�y-�' s. µ�,�• 4a • 4k ' • ACV" _ `'sue' '?� f �'� r y �1 _ Y •, �1.. 1. � QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes XNo B. Are there any proposals to change or alter land contours? ❑Yes IXNo C. 1)Are there any areas that contain wetland grasses? No 2)Are the wetland areas shown on the map submitted with this application? N/A '3)Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A 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? No E. Are there any patios,concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (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? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No 'if yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel Single family residence and proposed use same wi h garage xamples: existing: single-family: proposed: same with garage.) orized Signa u and Date 2/05 l , IC oSACTIONAL DISCLOSURE F1 4 APPL ABLE CONTRACT OWNER, VENDEE 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. Ar/VP Gd rD 5 Ct h /0 (Last name, first na e, middle initial, unless you are applying in the name of some n/e 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 X 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, relationship with any officer or employee of the Town of Southold? `Relationship" includ s eby 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 em to ment b a co oration in which the Town officer or em to ee o shares was more than 5% of the YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through describe the relationship in the space provided. D (below) and/or 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 (3'"+ dayyoSignat're -- � Print Name: 14.164(9/95)—Text 12 - PROJECT I.D. NUMBER 617.20 SEAR Appendix C State Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Permit Development Service Corp Phillip & Linda Kermanshahchi 3. PROJECT LOCATION. Municipality Laurel County Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,ate.,or provide map) 7213 Great Peconic Bay Blvd, Laurel 5. IS PROPOSED ACTION: ❑New I,RExpansion 99 ModifIcationlalteration 6- DESCRIBE PROJECT BRIEFLY: Addition of garage to existing single family residence 7. AMOUNT OF LAND AFFECTED: Initially 2.997 acres Ultimately _7 947 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes ®No If No,describe briefly .. Proposed addition will result in encroachment in side yard S. WHAT 1S PRESENT LAND USE IN VICINITY OF PROJECT? C4 Residential Q Industrlal Cl Commercial ❑Agriculture ❑PerWForestiopen space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes,list agency(3)and permitfapprovats 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes,list agency name and permlVapproval i 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFne AT10N PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor ne e• Permit Develont Service Corp, Date; 16 October 20.06 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART If—ENVIRONMENTAL AS',_jSMENT (To be completed by Agency) -� A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes,coordinate the review process and use Ine FULL EAF .Yes X No j e. 'WILL ACTION RECEIvE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617 6') It No a negative zeclaratior, may be superseded by another involvec agency. _Yes No f C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING.(A.-wers may tie handwritten, oI leglole) C1 Exisnnc au quality surface or grounawaler quality or quantity, noose levels. existing tralric patterns, solid waste oroouction ootential for erosion, drainage or flooding problems Explain briefly or dlSpOSdI No C2 Aesthetic.agricultural archaeological, historic,or other natural or cultural resources; or community or neighborhood character?Explain briefly' No CJ. Vegetation or fauna. fish, shellfish or wildlife species,significant habitats, or threatened or endangered species?Expialn briefly No C< A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly No CS Growth, subsequent development, or related activities likely to be induced by the proposed action?Explain briefly, No C6. Long term,short term, cumulative, or other effects not identified in C1.C5? Explain briefly, No C7 Other impacts (including changes in use of either quantity or type of energy)?Explain briefly. No D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? 1J Yes MV No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? _!Yes �No If Yes,explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c) duration; (d) irreversibility;(e) geographic scope; and (Q magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If" question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental Characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration_ ' ❑ Check this box if you have determined, ,based on the information and analysis above and any Supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agencv Title of Responsible O ricer Signature of Responsi le Officer in Lead Agency Signature of Preparer(It different from responsible otticer) Date 7 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 Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the'Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTIONS-OF SITE AND PROPOSED ACTION SCTM# 1000-126-10-1.2 (Front Yard Variance for garage'addition to existing , structure-property located off of a private road,,north of Peconic Bay Boulevard) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board❑' Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals Q 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)-El (c) Permit, approval,,license, certification: ❑ Type: Town of Southold LWRP 1 Nature and extent of action: garage addition to exiosting residence Location of action: 7213 Peconic Bay Boulevard,Mattituck NY 11952 Site acreage: 2.99 acres in R-80 zone Present land use: existing residence-proposed garage addition. Property formerly the girls camp of the Roman Catholic Diocese of New York(showers & bathrooms) Property subdivided in 1977,thereafter previous owner (Perini) converted building to single family dwelling in pre-existing nonconforming location. Current owner building a garage addition to existing dwelling. Location of garage requires a front yard variance from the subdivision common right-of-ways Present zoning,classification: R-80 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: Phillip Kermanshahchi (b)Mailing address:7213 Peconie Bay Boulevard,Laurel (c) Telephone number: (' ) 298-4696 (d)Application number, if,any: Will the action be directly undertaken, require funding, or approval by a state or-federal agency? Yes ❑ No ❑ If yes,which state or federal agency: _ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of'development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes ❑' No ❑ Not Applicable ❑ Discussion (if appropriate): A garage addition is proposed to the existing residence along the right-of-way requires a variance. The property is off of a right-of-way, north of Peconic Bay Boulevard approximately 700 feet landward of the Bay_ Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Town of Southold LWRP 2 Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III'-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion(if appropriate): the renovation of existing residence has no visual impact NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable 0 Discussion (if appropriate): the proposed addition will require compliance with NYSBuilding Code 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 ❑ Not Applicable ❑ Discussion (if appropriate): addition does not require additional measures- already, has gutters, the property is over two acres and no water runoff of the premises is expected. 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 ❑ Discussion (if appropriate): No impact- formerly the Catholic Church'girls camp Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ . No ❑ Not Applicable ❑ Discussion (if appropriate): Town of Southold LWRP 3 A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): existing residence adding a residential garage 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 ❑ Not Applicable ❑ Discussion (if appropriate): private property WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies;Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): 'No water dependent uses Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): existing house more than 700 feet from Peconic Bax 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 ❑ Discussion (if appropriate): Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Town of Southold LWU 4 t Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP 5 Phillip Kermanshahchi 7213 Great Peconic Bay Blvd. Laurel NY 11948 November 3, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I,Phillip Kermanshahchi, as owner of premises 7213 Great Peconic Bay Boulevard, (1000-t2b-ip_f J)hereby authorize you to make any and all applications to the Town of Southold Zoning Board of Appeals, , Town of Southold Planning Board, Town of Southold Board of Trustees, and any other necessary agencies on my behalf and on my behalf regarding my above referenced property. Very truly,yours Phillip Kermanshahchi 7t� 10-16-06, 12:OOPM; ; 12129253232 # t/ 2 OHMM'S S1iDQR8�B�1' (To HF SIGMM IF APPLIMM IS Wr per) STATE OF NEW YORK) COUNTY OF SUFFOLK) as: Linda Kermanshahchi being duly sworn, deposes and Bays; I reside at 7213 Great Peconic Bay Blvd, Laurel In the County of Suffolk Of New York and the State and i am the (owner in fee) (officer of the Corporation which i.s•the owner in tee) of the promisee described in the foregoing application and that I have authorized Permit Development Service Corp to make the foregoing application as described herein. -'/Z '/' 'e, //-- gnature / Signature � r OMdon,name of caotsmadoe and Offimm ce Officers Title Sworn befor me, this day of � I I�iammiuimiiui I l f 11 I I� I II 10-16-06; 12:OOPM; 12129253232 # 2/ 2 t (TO BE SIGHBQ IF XPPLICAW IS nor Off) STATE OF NEW YORK) COUNTY ,OF SUFFOLK) SS: Phillip Kermanshahchi says; being duly sworn, deposes and I reside at 7213 Great Peconic Bay Blvd, Laurel In the County of Suffolk and the State Of NawYnrk , and I am the (owner in fee) (officer of the Corporation which is- the owner in fee) of the premised described in the foregoing application and that I have authorized Permit Development Service Corp to make the foregoing application an described herei Signature Signature If Co Via'name of acgm um end off.►. 719 Officers Title Sworn before me, this /d 'day of Notary Public Mp1VARDCECERE Notory Public-:fate of New York NO.OICE4711987 Qudmed in Now York Count my Commission Expires �a/ U E 50Ur�o _- ELIZABETH A. NEVILLE '` l® Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER ® �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER l Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �Cou T1 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 15, 2006 RE: Zoning Appeal No. 5986 Transmitted herewith is Zoning Appeals No. 5986 of Phillip & Linda Kermanshahchi-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Questionnaire for Filing with the Z.B.A. Application, Short Environmental Assessment Form,Applicant's Project Description, (2) Owner's Endorsement forms signed by each applicant, a letter from the owner authorizing Patricia C. Moore, Esq. to file on his behalf,Notice of Disapproval dated: October 20, 2006, LWRP Consistency Assessment Form, Transactional Disclosure Form, Town of Southold Property Record Card, (4) color photograph copies of the residence, Site Plan, Elevations & Section, and a Survey of the property prepared by Nathan Taft Corwin III; Land Surveyor. Town Of Southold P O Box 1179 Southold, NY 11971 RECEIPT * * * Date: 11/14/06 Receipt#: 1091 Transaction(s): Reference Subtotal 1 1 Application Fees 5986 $400 00 Check# 1091 Total Paid: $400.00 Name: Kermanshahchi, Phillip & Linda 7213 Peconic Bay Boulevard Mattituck, NY 11952 Clerk ID: MICHELLE Internal ID 5986 awl ZBA TO TOWN CLERK CHECK TRAN,SMIIT�TAL SHEET- (Filing of Application and Check for Processing) DATE: 11 /14/06 ZBA# NAME CHECK# I AMOUNT TC DA 5986 Kermanshahchi, Philip 1091 $400.00 NOV 1 4 2006 P. out o owe er r r TOTAL $400.00 0 p OF SOUTHOLD PJE'RTr*-,REC0RD CARD /Voo OWNER STREET 7 VILLAGE, DIST. 1 SUB. LOT 0�- / FORMER OWNER N E ACR. 0 x W TYPE OF-BUILDING , A, Z v 2, i,r SEAS. 2— VL. FARM COMM. CB. mics. Mkt. Value LAND IMP. TOTAL DATE REMARKS . 4 000 7414/77- e'' _'2- V 0 6 Jdr_� 4/ c 7 14 A /' 77 -,&. Aj'4-W -�o PbeM; =-40 0 ' 57/ 7 Iq 1�pe'�0 -t 62D� ftl -p Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadow kr4 DEPTH House Plot BULKHEAD ��.v.•�.�� ?7�-`�.\ ""_.�'.i'1'�7.�-.a_- + �'•if�f'i 4pr+��lia'��.k.• ` ',"n A `vv�:y "MK��'y' % 'fk • • /{p, i Key fi n tix i_g titK zf �i n ' a ^.' +,�e{.4 `"yW�?`err,• ■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■ GN�j"*T Yt' �' MMMMEMMMMMM Rig � ■■■■■■■■■■■■■■■■lid■■■■■ ■■■■ zlm ■■■ ■■■■■■■■■!i1■■■ ■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Interior Finish Rooms Ist Floor Rooms 2nd Floor �j __err �••' y•: u' R= NEW APPLICATION SET-UP STEPS EFFECTIVE 812106 PART II CHECK BOXES AS COMPLETED [� Staple this form to outside of file. 1 Pull ZBA copy of ND. 2. [ ] Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. Assign next number on list; put number on outside of file folder. 4. Date stamp entire original application w/file number. 5. {.] Hole punch entire original'application (before sending to TC). 6. Enter priors or other,new appeal 'on ZBA application program and on newly created index card. 7. ] Print program record. 8. ] Print contact info & tape to front of file. 9. Prepare transmittal to Town Clerk (3 copies). 10. ] Send original application w/transmittal & check to Town Clerk. 11. J Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. Copy County Tax Map; highlight parcel and mark neighbors (across streets etc). 13. {.] Make 7 copies and put w/each packet. 14. [ ] Add preparer initials & date to (Notes on computer, program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner—from ; application page 1. �� FORM NO.3 TOWN OF SOUTHOLD .�— BUILDING DEPARTMENT SOUTHOLD,NY NOTICE OF DISAPROVAL Date: October 20, 2006 To: AR Design Studio for P &L Kermanshahchi 87A Main St. #35 Southampton,NY 11968 Please take notice that your application dated October 16, 2006 For permit for an"as built" addition to a single family dwelling at Location of property at 7213 Peconic Bay Blvd, Laurel,NY County Tax Map No. 1000- Section 126 Block 10 Lot 1.2 Is returned herewith and disapproved on the following grounds: The construction, on this conforming lot in the R80 Zone is not permitted pursuant to Article III Section 280-14 which states: "No building...shall be altered in the R80 Districts unless the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The required front yard setback is 60'(feet). The site plan indicates that upon completion the front yard setback will be approximately 14'-4". Authorized Signature TOWN OF SOUTHOLD BUILDING DEPT. _ 765-1802 INSPECTION [ ] FOUNDATION 1 ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING / STRAPPING [ ] FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION • REMARKS: v H DATE INSPECTOR '"'` �1" ► R 1 1 i r l ( 1 T I r T x- v. 1_,fit Fde 'Edit View Toolbar Window- Help 126.-10-1.2 Y 47388%'SoufHold 56hb6V Nlattitrick`'Schoa�F Roll Year: 2007,tFlerit Yr Seasorral:res Land V: 2.+00 ,lteimaft ahlb &I`PFiillip r ; F ` 213 '"Great Peaanic Say 0I L66d,Size:3,00 acres , ;$ Total 'V 4.6D0 , • ' E- ;Parcel126:-10.1.2 Site'No_ ' [4 b] Assessment .r : �Pro erkY Class: �e�a vare —.3` Laser D dc No.; ED%Spec Dist( Route'No: Data Mailer;y .Cesaription Clwner(sj Nbad Code:. :0 Images' Sewer Type: i,r Date of Reappraisal OU/00"DiIQQ' „ e}` Gis 'Water S��Wply "t` w .� �aluatiori District: w a :, Utilities: t � - . <. !4T � SAlV22/04 Yam'- ., :., S-iteValuei§ P Site Desirability: i v � tf . Site(11) , k Roplacemerat Gosk(RGNj: - Nbad Type: ,RCN Less.D'epreoiakiowl: " Ke. NbadR"sting: _s xV i3 :':`'C&ttaindEstimate: Road=Type: "' Cast Total.Estimate: - <` DC Er7tr5"Type:. N,. I: g. R:egtassior%EstimaEe:` p __ _. - Zoning Code: _'R,�80 .2 acre Comp T ,kal<Estimate:. ; . , :._ Finial Sike- Land: Ruri[3PS4.4O (Q 9< ^ Final'Site,,Total: ,Edits- , x Prints the screen~ 'r*», •' .e. e.___�__ -(` -'yam„ ,.,- �Y` a°:>>.ac '(la» Fg,7m.„..e ,'^ ,.,�..:.s 5�i .-u.nn.•;•,., _ >,l " .. -`1• ' T - Ji .. .v ♦ �;4V - .`1'44''' .,. r+µ�{�: P'w''-n 4'i.-.Yx�`�,4'r�_ r •~.ti..," ,ri I F _ _ ',T '." w 1:.fa' ''.gyp• ,• ,If^w ` ,�.. ', , _ :.y.,� t . 455�' - '/- ht•^ ..`^"1f Msa{.'KjU.k,9' '� , , - - - _ �* , !• ..YD;';II,�.�'�., •' S De'- .'���i°-I�','f,�,,,'',:S,Na��T'�W; ZZ An 46 , _ f- r .� a Yt, ry7, .. ., .. •. _ ' '-Y:'+f�y»�' .���'�-�'��'wa_r%' .Ya''•t �,,�:rs,,. V r' .�w:1�'•�' `:``=�\ \7� � ,. .s •sue �\t, 9 ti2 ooNo' � - a4�,�0 �' ,ppp0 0• - �ioo pp, / 5 0 �,,g fLSp �0� S o \ D�EE5, \I. \ �a�p Ivor," 4 4)61 G ,tea e " �y��-• 59' oJ�4'o " o boa ��+ lV�LQ' yS Wi o�1. �9% os `�J• ti9 9 i G "OO �� 2O Gp�QS nO � o � soFtiy y _ Sys y 00 Gp I lR 0 Z G ago c� A G a'L N etc' CNi_� p �O '^ y Ile yp tt F <1toh c� x GJ� 0 � yo y o'^ 0 oc n� 0 0 No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF ■ SECTION 7209 OF THE NEW YORK STATE �'n II' EDUCATION LAW. oy Gj d o COPIES OF THIS SURVEY MAP NOT BEARING yo x�7d� THE LAND SURVEYOR'S INKED SEAL OR `A Nm EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY o c - . CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Z �� IS PREPARED, AND ON HIS BEHALF TO THE Z� TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND 71 TO THE ASSIGNEES OF THE LENDING INSTI— ,--- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE 901 -� THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. d \ � SURVEY OF PROPERTY SITUATED AT LAUREL , `� N�x TOWN OF SOUTHOLD � 0 �A SUFFOLK COUNTY, NEW YORK Oka S.C. TAX No. 1000- 126- 10- 1 .2 SCALE 1 "=40' AIL A NOVEMBER 8, 2004 � a � C, ���. ` ��••.0 ���J"�o \� �Oo,� ��� � AREA = 130,532 sq, ft. 2.997 a c. ." 6 a tea, F v'- a ?J• y,. e CERTIFIED T0: �Y\ G FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK PHILLIP KERMANSHAHCHI N LINDA KERMANSHAHCHI \moo ti k \ad \ a dr e \ �J 4 1-7 G _ \ x "c V' cI . vt 9 \ �e \ \ D \ 14 9 Qt �• . p d e d O�G d G QP O� V� �p KERMAN PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516)765-4330 Fax:: (516)765-4643 r January 10, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: PHILLIP & LINDA KERMANSHAHCHI SCTM# 1000-126-10-1.2 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find Certified mail receipts together with Affidavit of Mailing. Also enclosed is copy of letter to the neighbors . Thank you. Ver truly o rs, RICI MOORE s, LA by Encls . RECEIPT RECEIPT � �--- -- `^-,--I _ IPT 2 �-�--- �--- RECEIPT 7192 6463 3110 0000 3035 .I 719261 10000 304 I 7192 6463 3110 0000 3059 I 7192 6463 3110 0000 3066 FROM. FROM: FROM ' FROM: Patricia C Moore Esq II REf 1Ocia C Moore Es HI ZBA HE i Patricia C Moore Esq i Patricia C Moore Esq RE KERMANSHAHCHI ZBA HE RE KERMANSHAHCHI ZBA HE RE KERMANSHAHCHI ZBA HE I SEND TO I , SEND TO, I SEND TO. SEND TO: - MR&MRS KENNETH DENSTO GEORGE&CAROL KRAEBEL PO BOX 136 7285 GREAT PECONIC BAY BL P NB X 13 NORMA DENSTOI I I PO BOX BENEDICT LAUREL NY 11948 I LAUREL NY 11948 PO BOX 155 I LAUREL NY 11948 BOHEMIA NY 11716 FEES: FEES. F f,% j 'max Postage 039 Postage "• 0 39 I 40 as.age)0(1�. ����40 'I � FEES 0 3s Certified Fee 240 I Ce d Fee ° 85 Y; Ce fi Fee Ce t�d Fee �� 240 R to gel pt �, 1 85 I eta e t turn Receipt 9 85 e i g t87 R StR}� ., t�ie� e j 4-re _. Receipt 185 Rest r Rla cted � \ e1Restncted; (' � ¢ ftestric`te'd` L� ��✓® 64 k I T AI_� � 4.64 I AATAL cn $ '6 I TOTAL S 4 64 OSTIVI�RK O T' I, pOSTIVILARK 0 K TE II OSTMARK OA I { t POSTMARK�O TE Sm JJJ h �Uj'/� I RECEIPT --- ---—-�-- J---- I 7192 6463 3110 0000 3103 I RECEIPT I RECEIPT j FROM. RECEIPT I 7192 6463 3110 0000 3080 I 7192 6463 3110 0000 3097 Patricia a r1KERMA Moore Es HI ZBA HE 7192 6463 3110 0000 3073 i FROM:FROM' I i FROM: 4 Patricia C Moore Esq Patricia C Moore Esq Patricia C Moore Esq I I RE:KERMANSHAHCHI ZBA HE I RE KERMANSHAHCHI ZBA HE I RE KERMANSHAHCHI ZBA HE SEND TO. i I I ELLEN HINSCH 333 E 46TH STREET j SEND TO I SEND TO. I SEND TO' NEW YORK NY 10017 MARGARET MEINKE LAUREL LINKS COUNTRY CLU 1 PO BOX 355 UCK III&WIFE I PO BOX 78 I PO BOX 307 I CUTCHOGUE NY 11935 LAUREL NY 11948 i I FEES:,-,,�� LAUREL NY 11948 'I Po5�a9e '9 039 FEES: I FEES'i� AGertified Fe �j 40 �� k I r { ece�ptCr. �a1 51 FEES: I Postage 0 39 I Postage C? �' 0 3s t Re dd � �r Postage0 39 ` Certded Fee 2 40 Certifi3o eF e�,2 40 Certfed a 2 40 I Retum Receipt 1.85 I Retujn Receipf !'�1�85 P " C® $ 4 4 Re�hr R" i t jj I° 85 Re 'cte Restnch I �stnct I 7' ��I i 1 0 MARK-,OR DA T L �4. 4 I TO FAL� .64 j T; A L a $42 L O TMARK=OR DATE I d � v I ® I �~ L STMAFt�OR 1- RECEIPT 7192 6463 3110 0000 3127 RECEIPT FROM 7192 6463 3110 0000 3110 Patricia C Moore Esq iFROM I RE KERMANSHAHCHI ZBA HE Patricia C Moore Esq RE KERMANSHAHCHI ZBA HE j I SEND TO. KATHLEEN REILLY I SEND TO. I 5940 QUEENS BLVD#13F JESSIE BARSIN I WOODSIDE NY 11377-7736 I PATRICIAYOSCA 225 E 36TH STREET APT 15-0 I j NEW YORK NY 10016 + FEES: + Po�gP;o U�� 0139 FEES' I -C rtifiek a 40< Postage 039 ) etur ReCpt �1 51 sC`ert ed•Fe '•� 240 I P esyicted foy. ® '} turn jc"�e p 185 T T L % $ s I Res�ctE y�0 i �- L i O�TAL ''64 MARK,&D T OSTMAARK OR DA4 E _ J+ (P ! `t �f3_ — — — f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT PHILLIP & LINDA KERMANSHAHCHI OF (Name of Applicant) MAILINGS CTM Parcel #1000-126-10-1.2 ----------------------------------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On theq d�anuary, 2007, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Signature) BETSY PER44MS Sworn to before me this 10 TH day of January, 2007 ( otary Public) MARG RET C. RUTKOWSKi Notary Public,State of New York No. 4982528 Qualified in Suffolk County r� Commission Expires June 3,, L 0 / 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. PHILLIP & LINDA KERMANSHAHCHI MAILING LIST 1000-126-10-1 .2 7213 PECONIC BAY BOULEVARD, LAUREL MR & MRS KENNETH DENSTON ELLEN HINSCH PO BOX 136 333 E 46T" STREET LAUREL NY 11948 NEW YORK NY 10017 SCTM: 1000-126-10-1.4 SCTM: 1000-126-10-16 JESSIE BARSIN GEORGE & CAROL KRAEBEL PATRICIA YOSCA 7285 GREAT PECONIC BAY BLVD. 225 E 36T" STREET APT 15-0 LAUREL NY 11948 NEW YORK NY 10016 SCTM: 1000-126-10-1.5 SCTM: 1000-126-10-17 KENNETH & NORMA DENSTON PO BOX 136 KATHLEEN REILLY LAUREL NY 11948 59-40 QUEENS BLVD #13F SCTM: 1000-126-10-1.6 WOODSIDE NY 11377-7736 SCTM: 100-126-10-18 ELAINE BENEDICT PO BOX 155 BOHEMIA NY 11716 SCTM: 1000-126-10-12.2 JAMES F DRUCK III & WIFE PO BOX 355 LAUREL NY 11948 SCTM: 1000-126-10-13 MARGARET MEINKE PO BOX 78 CUTCHOGUE NY 11935 SCTM: 1000-126-10-14 LAUREL LINKS COUNTRY CLUB INC PO BOX 307 LAUREL NY 11948 SCTM: 1000-125-4-24.23 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (63])765-4643643 o0 January 9, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: PHILLIP & LINDA KERMANSHAHCHI PROPERTY ADDRESS: 7213 PECONIC BAY BOULEVARD, LAUREL SCTM: 1000-126-10-1.2 Dear Neighbor: I represent Mr. and Mrs . Kermanshahchi with regard to their property located at 7213 Peconic Bay Boulevard, Laurel New York. They have submitted a request for a variance for construction of an as built garage addition to the single family dwelling with a setback at less than the code-required 60 feet from the front line. A copy of the legal Notice is enclosed together with a copy of a portion of the survey. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office . The hearing on this matter has been scheduled for THURSDAY, JANUARY 25, 2007 AT 10 :40 A.M. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . ery truly yours, Patricia C. Moore PCM/ encls . c : Mr. and Mrs . Phillip Kermanshahchi LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 25,2007 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 25,2007: 10:40 A.M. PHILLIP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290-14, based on the Building Inspector's October 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line,at 7213 Peconic Bay Boulevard, Laurel; CTM 126-10-1.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at(631)765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: January 2,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 i lop E�Ey 5 ;ww� 'fob �/oIDEd STo� ,p G �a 0 f. G' 0•S J �Gb r�r y � � � •. SFr r J s�� 9� of�g ry� o�EOI }•, gar y3� tiR�- yJ��� 1 r i i yS'��c�' •.'� 7M1� s i i .00 i i i /�ia5o a �5 GOJ�t � GY' `O�d\ 2 1 0 ti9,20° M ti5 i � � 1 o� N a �I I 1 I f F EfEa�elw S. 1g.45��• fOUNo MpN•N � k- (`f 4 PATRICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD , (Extia Fee) '0 Yes; CERTIFIED SOUTHOLD 'NY '11971, 2. Article Number 7192 6463 3110 0000 3080 A. Signature (❑Addressee r❑Agent) IIIIIIII�IIIIIIIIIIIIIIfllllllllllllllll B. Received B (Please P61f learly) � � �7192 6463 3110 0000 3080 t/ fy C.Da d Delivery 1. Article'Addressed To: D.Addressee's Address(HDrHemntFmmAddmssUsedbySende4 �MAR6ARET HEINKE PO Yb*0X 78 CUTCHOGUE NY 11935 Secondary Address/Suite/Apt /Floor(Please Print Clearly) ................................................... .. 'Delivery Address -Y 1 ..................... '--State 5 ZIP+4 Coda r t r UNITED STATES Elistivill t 1!qrstLetass,pail 75 "1 T49pll -.1,.I 11-Ir PsF "-- -Pi;m-ftiviol-G4 a,. j 1"' A L ouo, .0 RE: KERMANSHAHCHI ZBA HEARING U) r` PATRICIA C. MOORE ESQ. 51020 MAIN ROAD 11 SOUTHOLD NY 11971 o OR U) tl I I I 4 i I S i :Y f ''•ePoO bi+dIZ ? ; 'aPIS '1 1 1 •;RiIO 4 ' v v: sseJPPV 6Janllap 9 T❑❑T AN A N 0 A M 3 N (.fpeelo luud eseald)joold/ idV 1 elleS I ssojppV IUepuooeS ............................................ F 0-5'C .LdV .L3321.LS H,L9E 3 522 V)SOA VI)INIVd N I S N V O 3I S S 3 f PepuosA9posn,rwppvuoidluwoulaii)ssajppy s,eassajppy•a :ol Passajppv alolliv '4 Nanga❑ ;o a;ea•a OTTE 0000 OTTE E9h9 MiL (Aliealo wif eseald) Ag pantaoa I I I (jd,Q,rvo jo sessaippV❑) ajn;euBiS V _ IIIIII�IIIIIIIIIIII�IIIII IIII II II �� OTTE 0000 OTTE E9h9 26TL jegwnN 8101VV •Z TL6TT AN QIOHinos ;S2A1 . . '([VON NfiVW 020TS adAl ao!Alas'e 1,Ajanl19p pa;ou;saa •q -VS3 3NOOW ') VI3INIVd UNITED STATES POSTAL SERVICE Y'p9a'A' -Jin� -PLO ",-.......... IL RE: KERMANSHAHCHI ZBA HEARING PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 10lnallnilllilnlnelnell1oolll 4. Restricted Delivery? 3.Servlce Type PATRICIA C. MOORE ESQ. yyI 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED j I SOUTHOLD ,NY t111971 :; J 12.lArticle;Number;i i t i i s i i;. i 7192 6463 3110 0000 31721 , V Sign (OA e r Agent) II�III III II IIII I�III III�IIIII III I�I I�III 1 B. 7Reeiv ( ase Print Clearly) 7192 6463 3110 0000 3172i C f Dp a of Delivery 1. Article Addressed To: 1 D.I Addressee's Address p/D,aemnrFmmadd essusedbysendsd J A M E S F D R U C K III & WIFE i z5 P��� No 7015 GREAT PECONIC BAY BLVD. LAUREL NY 11948 Secondary Address/Suite 1 Apt /Floor(Please Pilot !early) - J ' Delivery Address -(g� C � -------------- ity Sta ZIP+4 Code ' UNITED STATES POSTAL SERVICE °" F. ass"° ee .S ,�i ,-. -. .. .. ..- ,�t.rfiArpA •• nnr`.. �gel.. O LL U RE: KERMANSHAHCHI ZBA HEARING PATRICIA C. MOORE ESQ• 51020 MAIN ROAD N SOUTHOLD NY 11971 co M ou��lotelss�Os��nosni��ni��� a PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel (516)765-4330 Fax (516)765-4643 January 24 , 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: PHILLIP & LINDA KERMANSHAHCHI SCTM# 1000-126-10-1.2 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find the Affidavit of Posting, Affidavits regarding neighbors support and green certified mail receipt cards received as of date. Thank you. Ver - my your , PA I -,MOORE - By Betsy P ' rkins, LA by Encls . t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT PHILLIP & LINDA KERMANSHAHCHI (Name of Applicant) CTM Parcel #1000-126-10-1.2 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 10T" day of January, 2007, 1 personally spoke with Norma Denston, one of neighbors who received a hearing notice regarding the above application advising Patricia C. Moore, Esq. that she and her husband, Kenneth Denston support the Kermanshahchi's application. ignature) BETSY P N Sworn to before me this J3P'' day of January, 2007 ( otary Public) MARGARET C. RUTKOWSM Notary Public, State of New York No. 4982528 Qualffied in Suffolk County Commission Expires June 3, o 7 yJ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT PHILLIP & LINDA KERMANSHAHCHI (Name of Applicant) CTM Parcel #1000-126-10-1.2 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 22"d day of January, 2007, 1 personally spoke with Molly Druck, one of neighbors who received a hearing notice regarding the above application advising Patricia C. Moore, Esq. that she and her husband, James Druck support the Kermanshahchi's application. Signature) BETSY PE Sworn to before me this day of January, 2007 (No ary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, D0`� ` I I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF PHILLIP & LINDA KERMANSHAHCHI SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-126-10-1.2 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 12`h day of January, 2007, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, January 25, 2007. Swo[p to before me this Zy ! d of January, 2007. N ota ry P SET A PERKINS Wotary Public.State of New York No.01PE 6130636 Qualified in Suffolk County Commission Expires JulY IS. *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD, NY- 11971 , t, 1; , 2.-Article Number;- ,; ,, ; 7192 6463 3110 0000 3035 0 0 o e - 1 A. Slgna;;�lre��re DA ge�t) �IIIII II II III II IIII��II�I�IIII�II'III� ] B. Recelv�ed.e�y� (Pleas e Prr� j' b 7192 6463 3110 0000 3035 J N �YC.�n �-- ] C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(IfDllrersnfFmmAddmss UsedbySende4 MR & M R S K E N N E T H D E N S T O N PO BOX 136 LAUREL NY 11948 Secondary Address/Suita/Apt /Floor(Please Print Clearly) --------....--....------.......................................................... , DWl ery Address City. State ZIP+4 Code 3 UNITED STATES POSTAL SERVICE 'if._f'E'3 '"A"A•'i"P Y-13i-3 'r' a O O ll RE: KERMANSHAHCHI ZBA HEARING I _ PATRICIA C• MOORE ESQ• ' 0 51020 MAIN ROAD a SOUTHOLD NY 11971 Im � ofOieA�e�oOl�iln0o�sl��aell�oe000 a I i PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) ElYes CERTIFIED SOUTHOLD NY `b1977, ` 'r i Article Number 7192 6463 3110 0000 3059 A. Sig - ture (❑Addresse r[]Agent) II I I II III II I II I I�I�I l it l ll l lil I fll ll l III B. Rec�l�ted By,i(Pl P^Int,Cle;ly) h C.o/!fV/(� tT� > 7192 6463 3110 0000 3059 C.Date of Delivery j ( �` D 1. Article Addressed To: I s D.Addressee's Address(IIDIOemntFmmaddmss usedaysended K E N N E T H & N O R M A D E N S T O N PO BOX 136 LAUREL NY 11948 Secondary Address/Suite/Apt /Floor(Please Pnnt Clearly) .....................................................................:............ - Delivery Address - .....Y........... .................... ............ _-__ ___---_. --- . Cit ,'State IP+4,Z ` . t t �4ai �Codej - 1 , UW| ''���''`'ES ' --^-~--'--- ' � 103/1IN JW,7- PM, 7TQ. .^ � \ LL R[: K[RMAN%HAHCHI Z8A HEARING | � o | , RU) PATRICIA C. MOORE ESQ^ � 91020 MAIN ROAD %OU?HOLD NY 11971 � ' \ � i � | � Uon»K8000�HUoU»»UnxnKomn��mxx�D0 | 0. � / ` UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 tL I � RE: KERMANSHAHCHI ZBA HEARING U z PATRICIA C. MOORE ESQ. r 51020 MAIN ROAD SOUTHOLD NY 11971 o � a lonll��e@Ihletloeel�oalBtotlll 0 PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.9ervice Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 3127 � Ate. Si n lure ( re�e or Agen 11111111111 III 11111111111111111111111111 B. R c Ive By. P a nn arty) 7192 6463 311❑ 0000 312 7 1 ' C.DateW l5elivery \ r� 1. Article Addressed To: J f D.Addressee's Address i dNre ntFmmAcn Usedby ride K A T H L E E N R E I L L Y 59-40 QUEENS BLVD #13F --Secondary-AddressISuite"/" "t"%" ""r"(plese"P" i"cie:iyi WOODSIDE NY 11377-7736 USPs - ---------------------------------------------------- ---------------- Delivery Address .._...__ ____"__"_______- ___"__" _ State � ZIP+4 Code t " t , I UNITED STATES POSTAL SERVICE First-Clan i; aid : - � : erg a'• If =I` i w,. I 0 1' I LL - --- RE: KERMANSHAHCHI ZBA HEARING PATRICIA C• MOORE ESQ• 'Iv 51020 MAIN ROAD a SOUTHOLD NY 11971 iff I ° lu�llnal4liloiloaelie�l0eo�lll I PATRICIA C. MOORE ESQ• 4. Restricted Delivery? &Service Type - 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD', NY P 11971i 'i :!t i i ? 1 i i - ' ' '' I s '' 2.1 Article Nuin r.! -r 7192 6463 3110 0000 304r A. Signature ([:]Address ee or Agent) �III�I III II III II III IIIIIII�I�I�I II I��FI i B. Received By (Please Print Clearly) 1 7192 6463 3110 0000 3042 C.Date of Delivery 1. Article Addressed To: D•Addressee's Address(nose/emntFmmaddmssuredaysendo GEORGE & CAROL KRAEBEL 7285 GREAT PECONIC BAY BLVD. LAUREL NY 11948 Secondary Address!SWte/Apt /Floor(Please Print Clearly) Delivery Address ., F -- t . -: y l State i i ZIP+4 Code+ ;. UNITED STATES POSTAL SERVICE ail 1,JCW;4G, ISLAND NY .12:1 a e o I n .3 A,rd nL 7 R A 7 1 LL 0< RE: KERMANSHAHCHI ZBA HEARING (n IP PATRICIA ICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 4+=dIZ ! ''W S: I F .....................t:................. ...IPPV fianllaa "•"" .f ee ou esee Joo d a m ssai fie uooa - N........................... /_I........!......_...PPV............._ ?-TOOT AN ;INOA m3N 133NIS H19h 3 EEE H3SNIH N3113 4•puasAgpemvr ppyw--4i...majossaippys,aessajppy•® :ol passalpptl alo!,Utl '4 /uangap ;o area•0 EOTE 0000 OTTE E9h9 21.TZ S LA Li `^' 0 (Apeago juij i aseald :A8 panlaoaa •8 IIII'I��IIIIIIII�IIII��II �II� II�II I�III� (pua8y❑Jo a s`lppb'❑�3�IS' t E0'CE 0000 OTTE E9h9 2691z -- 'Ct6tt AQ,1OH.Lf10S R 1 QV021 I IVW '020TS adA_L aowag'e XJanl!aQ Pa1ou3saa 'IF 'pS3 32100W '3 Vi3I21 LVd UNITED STATES PCOT 171;r17 'y Xll,4 LL RE: KERMANSHAHCHI ZBA HEARING : < PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel. (516)765-4330 Fax::(516)765-4643 January 18, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: PHILLIP & LINDA KERMANSHAHCHI SCTM# 1000-126-10-1.2 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find green certified mail receipt cards received as of date . Thank you. /By our Y Y ICICo.ets P /kins, LA by Encls . w e PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel.(516)765-4330 Fax::(516)765-4643 January 19, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: PHILLIP & LINDA KERMANSHAHCHI SCTM# 1000-126-10-1.2 Hearing Date: JANUARY 25, 2007 Dear Chairman: With reference to the above, enclosed please find a returned neighbor letter together with the affidavit of mailing and certified mail receipt . Thank you. Ver my your , j PATRICIA C. O E RECEIPT By Betsy r ins, LA 7192 W3 3110 0000 3172 i FROM: Patricia C Moore Esq RE KERMANSHAHCHIZBA HE f by I Enc 1 s . I SEND TO• JAMES F DRUCK III&WIFE 7015 GREAT PECONIC BAY BL ` LAUREL NY 11948 FEES: Postage gg CeRfi 1 ,a 240 ifees cted T 185 AT i i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT PHILLIP & LINDA KERMANSHAHCHI OF (Name of Applicant) MAILINGS CTM Parcel #1000-126-10-1.2 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 191h day of January, 2007, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to: JAMES F D�CK III & WIFE 7015 GREAT PECONIC BAY BLVD. LAUREL NY 11948 Signature) ETSY PE' KJ,NS Sworn to before me this 7-11 a`f day of January, 2007 C.(Notary Public) Notary Publliic,State of New ork No. 4982528 ®ualified in Suffolk County Commission Expires June 3. ' 010 7 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. 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: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htW://southtown.northfork.net January 2, 2007 Re: Town Code Chapter 58 — Public Notices for Thursday, January 25, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 10th: f 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 Vour abilitV, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us; AND not later than January 12th: 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 during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until 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. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. f OFFICE OF ZONING FAPPEALS Office Location: North Fork Bank Building-First OARD 0 6-4376 Main Road Mailing address: 53095 Main Road, P.O. Box 1179ungs Avenue Southold, NY 11971-0959 http://southoldtown northfork net. Email: Linda.l<owalskina Town Southold n us Javne.Majin Town Southold nv.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX AS - V (o V 3 MEMO TO: �cv-t✓ DATE: a-n �,L a�,t _ ,j a d 07 rIuTI �. E r:, r HEARI 'i4o T ie following application will be heard by the Southold Town 133ard of Appeals at Town Hall , 53095 Main Road , Southold: FAME :0 KERMANSHAHCHI , P . #5986 IIAP # 0N 126= 1 0= 1 m2 . APPEAL : Front Yard Setback Variance VEQUESTN AS= Built Addition DATE : THURSDAY, Jan . 25 , 10EN40 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 FMV TI-A Town of Southold IZA' SEQWApp 'Name Ma. ­O­Fil6,N0., 1 EII Boar d member Michael A. Simon Search: Unliste �ElOther J-Hearing Tlrne�., 79ie Number 5986 Tax Map: 126. 10-1.2 It. . 'App..Name Kermanshahchi ',-RqqeIved Da te: Tot.. Fees: .-0-0-21 D Town Clerk ate,forwarded to ,Hamlet Type Zone R�-970 7 —, 7 'Meetiri Building,Dept, Action g,,Dates 11, Meeting ND'Date' /20/20�06J!-' Location Bay Boulevard FT Hearing Date - ND.,Date Short-. V_ I - As-built garage addition; 280-14 requires 60' front Desc,.., yard setback; project shows 15.2' front yard setback Hearin Date- Date 1­1% .,Co Py FN I Hearing Date ND Date _.Hearing Date Nb'Date' ill Hearin-g bito- NDI'Date, a iNotes�, -Action Date: ND D ate I 'Tbwn'b' ta Or6cei�ln§'Depa5 11,L/i 2 J P�36 PM CABS [N oeec by outk d T, Department 9L __M _,n