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HomeMy WebLinkAbout6054 /14.3-0 TA LUA S 2 ®r/en7" Lo S" y Co ?- - 6.0- v_ /n F4 Pd 1713107 CA q41-7107 (J APPEALS BOARD MEMBERS �''�� Mailing Address: �� y� James Dinizio. Jr., Chairman �� SDUl P Southold Town Hall 53095 Main Road • P.O. Box 1 179 Gerard P. Goehringer er Southold.NY 11971-0959 Ruth D. OlivaOffice Location: Michael A. Simon ^�- t� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman _=O4Oou '$t ,s0�� 54375 Main Road(at Youngs Avenue) ,,, :•�'; Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel. (631)765-1809•Fax (631)765-9064 � ( 15(94,01 OCT - 3 2007 FINDINGS, DELIBERATIONS AND DETERMINATI UthOI Town CI MEETING OF SEPTEMBER 27, 2007 ZB File No. 6054 —James and Judy Hayward Property Location: 1450 Three Waters Road, Orient CTM 15-3-19 Zone District: Marine II 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 reviews under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 64,994 square foot parcel has 124.87 ft. along an apparent high water line of the Long Island Sound, 250 feet along Three Waters Road/soundview Road, 125 feet along Subdivision Lot 17 to the south, and a depth of 473 feet along the easterly lot line. The property is improved with a two-story, single-family dwelling as shown on survey prepared by Stanley J. Isaksen, Jr. dated 1/10/2005. BASIS OF APPLICATION: This appeal application requests a Variance from Code Section 280-15 and is based on the Building Inspector's amended June 20, 2007 Notice of Disapproval, updated July 17, 2007, which states that the proposed accessory garage will be located in a yard other than the code-required rear yard. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated August 21, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP TOWN CODE CHAPTER 268 (95) DETERMINATION: The garage is a minor action that is not subject to reviews under Chapter 268, since the garage is proposed on the south side of the dwelling greater than 100 feet from adjacent shorelines and bluff or bank areas of the Long Island Sound. • Page 2—September 27, 2007 Q 0 ZB File No. 6054 —James and Ju ayward CTM No. 15-3-19 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 13, 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 applicant wishes to locate a 24' x 32' x 22' one- and- one-half story garage in the southeasterly most corner of the property 25 feet from the easterly lot line and 25 feet from the southerly lot line, and+/- 68 feet from the westerly lot line. 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's proposed two-car accessory garage will be one and a half stories (22' high) with a half bath at ground level and workshop/storage space on the second floor. At 672 square feet, the garage represents 1% of the applicants' 64,994 square foot lot in the MII district. The accessory structure is compliant with the code required height (22'), setbacks (20'), size (may not exceed 3% of the size of the parcel), and percentage of dormers (32% where 40% is allowed). The use and size of the proposed accessory garage will meet codes and is compatible with the architectural styles and accessory uses in the surrounding residential neighborhood. Although the applicants' property fronts on Lands End Road, which belongs to an adjoining development, the proposed site plan shows no vehicular access to that street, which is currently screened with a vegetative buffer, and the architectural elevations show no doors located on the proposed elevation facing that street. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested because the house is bound by Long Island Sound to the north, and two street frontages to the east and west, there is no rear yard in which to locate an accessory garage. (The architectural rear yard is situated along the waterfront where accessory structures are not permitted). Although the code permits the location of accessory structures in front yards on waterfront properties, such structures must meet the front-yard principal setback requirements. The unusual configuration of the applicants' lot technically places the location for the proposed accessory garage in what is defined as a side yard. 3. The variance granted herein is substantial. The applicants' request a front yard setback from Lands End Road where the code requires 35 feet. A relief of 10 feet represents a 28% variance, however the relief requested is mitigated by the need for the proposed large setback of 68 feet from Three Waters Road to accommodate a driveway with turnabout large enough to safely accommodate a wheelchair accessible van for use by the applicants' disabled son. 4. The alleged difficulty has not been self-created., but is caused by the irregularly shaped waterfront property which also fronts on two streets and is uniquely zoned Marine II in a residential community. • Page 3—September 27, 2007 Noon ZB File No. 6054 —James and Ju ayward CTM No. 15-3-19 4. The alleged difficulty has not been self-created., but is caused by the irregularly shaped waterfront property which also fronts on two streets and is uniquely zoned Marine II in a residential community. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The location of the proposed accessory garage is 410 feet from the waterfront. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the site plan prepared by Fairweather- Brown Design Associates, Inc. with ZBA stamp survey prepared by Stanley J. Isaksen Jr. dated 1/10/05, subject to the following Conditions: 1. There shall be no vehicular access from the applicant's property to Lands End Road, 2. A privacy buffer of evergreen screening shall be installed and continuously maintained along the eastern property boundary (Lands End Road frontage) from the southeast corner of the property for a minimum length of sixty feet (60'), and 3. The proposed accessory garage and storage/workshop shall remain unheated. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 inizio (C saa. • an), Goehringer, Simon, and Weisman. (Absgnt was Member Oliva.) This es lution wazeirt adopted (4-0). RECEIVED 01711/'U-' a 4- l /I : James Dinizio Jr Cha' man 0/2/2007 l! James , Approved for Filing OCT - 32007 • '0 y /CrtA'tC ¢ C 0 . � I • . ,_ I \ - / . 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F ' o - tiO X --nager / ; r 4 , 0 ES Of-. i t r f see - HM Wnoa 4ans+g& . • net, C LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 13, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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, SEPTEMBER 13, 2007: 9:35 a.m. JAMES and JUDY HAYWARD #6054. Request for a Variance under Section 280-15, based on the Building Inspector's amended June 20, 2007 Notice of Disapproval, updated July 17, 2007, which states that the proposed accessory garage will be located in a yard other than the code-required rear yard, at 1450 Three Waters Road, Orient; CTM 15-3-19. 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: August 9,2007. 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 #8500 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina MacDonald 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 week(s), successively, commencing on the 23RD day of August, 2007. t /1 WI CO Principal Clerk Sworn to before me this al3,tt day of 44yas,24002 2007 guate BABETTE CORNINE Notary Public, State Of New York No. 01C05792800 Qualified In Suffolk Coun 3D anp Commission Expir - } 9 ,3PA-I C 2007 amended Notice of Disapprovev concerning as-built deck additions to �'� the existing single-family dwelling, for the reasons that the construction will be: )lethan feet a both side yard:(b)less than 25 feet for both side yard setbacks, (c) exceeding the code limitation of 20% maximum lot cover- age, at 58315 Route 48 (a/k/a North Road).Greenport;CTM 44-2-12. 11:20 a.m. WENDY LOMAS and CHARLOTTE GREENE #6067. Re- • quest for a Variance under Code Sec- tion 280-15 based on the Building Inspector's June 18,2007 Notice of Dis- approval concerning proposed recon- struction (replacement) of an existing accessory building,in the same noncon- forming location at less than the code required 10 feet from any property.at 500 Stephenson's Road (Private Road #1);CTM 17-1-6. 11:35 a.m. CONSTANCE BEEBE and SIDNEY BEEBE JR. #6073. Re- quest for Variances under Sections 280- 15B and 280-15C,based on the Build- ing Inspector' July 20,2007 Nuuu,.,r Disapproval concerning proposed ad- ditions and alterations to an existing accessory building.for the reason that the new construction will be less than 10 feet from the property line and the ex- isting nonconforming size will increase the code limitation of 750 square feet, LEGAL NOTICE at 24925 Main Road,Cutchogue;CTM SOUTHOLD TOWN ZONING 109-1-20.3. BOARD OF APPEALS 11:45 a.m. BENNETT BROKAW THURSDAY,SEPTEMBER 13,2007 #6070. Request for a Variance under PUBLIC HEARINGS Section 280-15 based on the Building NOTICE IS HEREBY GIVEN,pur- Inspector's July 20,2007 amended No- suant to Section 267 of the Town Law hce of Disapproval concerning an exist- and Chapter 280(Zoning).Code of the ing accessory building,which as a result Town of Southold.the following public of the proposed new dwelling construe- Town will be held by the SOUTH- tion,will be a yard other than the code- OLD TOWN ZONING BOARD OF required rear yard,at 430(1 Bergen Av- enue.Mattimck,CTM 113-7-1.4. Main Road, P.O. Box 1179, Southold, 11:55 a.m.ANN CALLAHAN#6038. New York 11971-0959.on THURSDAY, Request for a Variance under Section SEPTEMBER 13,2007: 280-122.based on the Building Inspec- 9:35 a,m.JAMES and JUDY HAY- tor's January 30,2007 Notice of Disap- WARD #6054.Request for a Variance proval concerning proposed additions under Section 280-15, based on the and alterations to an existing accessory Building Inspector's amended June 20, ingham building,with conversion from the exist- 2007 Notice of Disapproval, updated use,to an accessory playhouse July 17,2007,which states that the pro- or similar accessory use as per code.The posed accessory garage will be located existing barn,plus the proposed addi- in a yard other than the code-required tions,is proposed in the nonconforming rear yard,at 1450 Three Waters Road, front yard,instead of the code-required Orient;CTM 15-3-19. rear yard, at 21445 Route 25, Orient; 9:45 am. ROBERT O'BRIEN CTM 17-4-15. • #6075. Request for a Variance under 12:05 p.m. VALERIE and FOS- • Section 280-116,based on the Building TER REEVE #6041 (carryover from Inspector's August 7, 2007 Notice of 6/28/07 by applicant). Fence height,at Disapproval concerning proposed ad- 76375 Main Road (a/k/a Front Street), ditions and alterations to the existing Greenport;CTM 48-1-2. single-family dwelling, for the reason 12:15 p.m. ROBERT K. SIMON that the new construction will be less #6076. Request for a Variance under than 75 feet from the existing bulkhead Section 280-122 and 280-124,based on adjacent to Gardiner's Bay,at 1955 Tru- the Building Inspector's July 24. 2007 man's Path,East Marion;CTM 31-13-2. Notice of Disapproval and Zoning 9:55 a,m. SCOTT and SARAH Code Interpretation#5038(Walz Appli- HASSILDINE#6072.Request for Vari- cation),disapproving an addition with ances under Section 280-124,based on alterations to the existing single-family the Building Inspector's July 19,2007 dwelling, for the reason that the new Notice of Disapproval,which states that construction at less than 40 feet from the proposed construction (after sub- the front lot line,which will increase the stantial demolition of the existing build- degree of nonconformance with regard ing),with additions and alterations,for to the front yard setback. Location of a new single-family dwelling,with less Property: 3715 Main Bayview Road, than 10 feet on a single side yard and Southold;CTM 78-2-14. less than 25 feet total side yards.Loca- 12:25 p.m. DAVID 'HERMAN tion of Property:2775 West Creek Av- #6063. Request, as amended, for Vari- enue,Cutchogue;CCM 110-5-4. ances under Sections 280-10 and 280- 10:15 a,m. ROBERT K. SCRIPPS 124,based on the Building Inspector's #6069. Request for Variances under April 12, 2007 Notice of Disapproval Sections 280-166B,280-122A and 280- concerning a proposed deck addition 124,based on the Building Inspector's which: (1) will be less than 10 feet on July 19, 2007 Notice of Disapproval a single side yard;(2)will be less than concerning proposed addition(s) and 35 feet total side yard setbacks;and(3) alterations to the existing single-family will exceed the code limitation of 20% dwelling which will increase the degree lot coverage.Location of Property:260 of nonconformance under Zoning Code Founders Path,Southold;CCM 64-2-24. Interpretation#5039 when located less The Board of Appeals will hear all than 15 feet on a single side yard,less persons,or their representatives,desir- than 35 feet for combined side yard set- ing to be heard at each hearing,and/or backs.Also proposed is an addition at desiring to submit written statements less than 75 feet from the existing bulk- before the conclusion of each hear- head. earhead.Location of Property:2745 Pine ing.Each hearing will not start earlier Tree Road,Cutchogue;CCM 104-3-6. than designated above.Files are avail- 10:30 a.m, JOEL and DONNA able for review during regular busi- CATANIA #6071.Request for a Vari- ness hours and prior to the day of the ance under Section 280-124B,based on hearing. If you have questions, please the Building Inspector's June 7, 2007 do not hesitate to contact our office Notice of Disapproval concerning an at (631) 765-1809.or by email: Linda. application for a building permit for Kowalski@Town.Southold.ny.us. an as-built deck addition to the single- Dated:August 17,2007. family dwelling,for the reason that the ZONING BOARD OF APPEALS requested construction will exceed the JAMES DINIZIO,JR.,CHAIRMAN 20% code limitation,at 760 Oakwood By Linda Kowalski Drive,Southold;CPM 70-12-26.2. 54375 Main Road(Office Location) 11:00 a,m. PETER and SHARON 53095 Main Road(Mailing Address) MANGANIELLO #6066. Request for P.O.Box 1179 Variances under Section 280-124,based Southold,NY 11971-0959 on the Building Inspector's June 21, 8500-1T 8/23 egliat fre krGJ n rt FORM NO. 3 - NOTICE OF DISAPPROVAL DATE: September 14.2006 RENEWED: October 16,2006 RENEWED &AMENDED:May 21,2007 AMENDED: June 20,2007 UPDATED: July 17,2007 TO: Amy Martin a/c Hayward 205 Bay Avenue Greenport,NY 11944 Please take notice that your application dated September 12,2006 For permit to Construction an accessory garage at Location of property 1450 Three Waters Road, Orient.NY County Tax Map No. 1000-Section il Block 3 Lot12 is returned herewith and disapproved on the following grounds: The proggscsLconstzuction.on this non-conforming 64.994 square foot lot in'the Mil Di 'Li,is not permitted pursuant to Article III. Section 2S0-15,which states that ac•e�ry b ¢s and structures shall he located in the reauired rear yard. / \ The proposed accessory garage is noted as being located • the side yard. This Notice of Disapproval was amended and renewed on Maw Z .2007 to remove any need for variances related to additions and alterations heing proposed on the existing house and changes to construction of the proposed accessory ranee,based on site Wan dated 5/917, by Fairweather- Brown Desfan Associates.and on June 20.2007.to address new pians submitted to this office, dated June 15.2007 from Fairweather-Brown Associates.1 ***Please note that the most recent site plan,dated 7/5/7 has been received and not changes to at ue Not f Disapproval are rcuuircd. Damon Rallis 'ertnit Exa ' r CC: file, Z.B.A. Note to Applicant:Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. t39tid 221q6sektcgt ldRnnNrnirns rrn nns x:cn )910P-)T-)A cil) APPLICATION TO THE SOUTHOLD TOWN BO • -n n For Office Use Only ��j,�,p, 4° /�i Fee:S%, Filed By:LIAte+/.i Date Assigned/Assignment So. "JiDv' eys,� I p,F`) Office Notes: �dj House No. /4150 Street Three thtle'S Rod Hamlet Cr/e17,/1 SCTM 1000 Section /S Block sa Lot(s) / / Lot Size a '/ 99 7 zone a IL I(WE)APPEALHE WRITTEN DETERMINATION OF THE BUILDING IN ,'ECTO ' ,,,i DATED ,5/a/ a10O7 BASED ON MAP DATED 0 /4 2004 40444 r vie) Applicant(s)/Owner(s): JQ,me S w J0- iin Corti L MailingAddress: One emme+ Drwci Si-on Bre=ic N/ Ir7410 Telephone: &' '1 - SO©2 Fax#: OA. Email: JC,41 PtPr(2 AOC..co len NOTE: In addition to the above,please complete below If application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: ]\rn1R RT 1 A3 for( )Owner,or 0/(Other: 7144h t#t(Ru7eP Lie— 'I r,cDn DeSWGR) A'SSr 'C. ' A` Agent's Address: 205 + floc Qceetil ear-1 f Telephone 14"11-4115 , Fax#: 4'11-0913 Email: am1ktn0ornIine .na- Please check bac to specify who you wish correspondence to be mailed to,from the above names: 0 Applicant/Owner(s),or EVA uthorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 10/16 /0b and DENIED AN APPLICATIO,DATED FOR: Ef Building Permit ❑Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑Change of Use 0 Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article ZLL Section 280- 15 Subsection Type of Aypeal. An Appeal is made for: 2'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. 0 Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal 0 has, 'has not been made at any time with respect to this oronerty,UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) QS per z: 1 00tL .3frio/ Name of Owner: /My WARP ZBA File REASONS FOR APPEAL(additional sheets may be used with menarer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Ike rroper-I( is la-rcje v Tee froprSect jafa_.ry is 102/66 Gm 2CYC. lroee'vt�I Is the end of one dedetorerne/nt d` &tt ba tiers a, roct oQ of 1 e aclyoocnz okeve.Fseern.a, . Scfbaeks can be me ' - + ht�ard .is no recta(2) Thebenefitsought by the applicant CANNOT be achieved by some method Teasible for the applicant to pursue,other than an area variance,because: The, prof ertti Is I rreciu'fa'v in shapt-. There IS ho recti Uarck . fl- rt ar.e 2 -Pronf" Id.rds and a w0..+e.r —wont -€4..posored . (3) The amount of relief requested is not substantial because: tt —tilt 5 U round pro(z. e 7aU f- fl)U'Gr) 9rece. 11 eer �ehSc vva1 vies ctnd 5.e✓+hams s Cebu be_ rn-cF. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: n b0,IJcri tt Ccyrct� r 1.e.) 0. 5 pro}ro3e c4 j5 OA �2 -r. a-t ck 4101 —Fro rnl 1F)ei V.�es e "iron"1- • ..} (5) Has the alleged difficulty been self-created? ( )Yes,or (40. The Shape s-I tie fro r2r l.-( amyl. there Covenants and Restrictions concerning this land: ❑ No. 0 Yes(please furnish cyl. 1 This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) 90')442- � Signature ppellant or Authorized Agent /ST (Agent must mit written Authorization from Owner) Sworn toh ireethir' day of ,20 04 •rim S_ _ Nota/ ubli JOYCE A.STEVENS NOTARY PUBLIC,STATE OF NEW YORK NO.4875122 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES NOVEMBER 3,200_ 06/19/2007 14:04 6317659064 ZBA PAGE 04 APPLICANT'S PROJECT DESCRIPTION (For ZBA Ede/once) Applicant: An/ flithe t u/ tTr LOA/e6 Date Prepared: /a 124101 I. For Demolition of Existing Building Areas1 Please describe areas being removed: H. New Construction Areas(New)lrll lefor New Additions/Extensions): gpoe }6� Dimensions of first floor extenaiez: .al X O Dimensions of new second floor: 3a it 3 Dimensions of floor above second level: Height(from finished ground to top of ridge): ..1-9 t Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured front natural existing grade to first floor: N 0 III. Proposed Construction Descrlpdon (Alterations or Structural Changes) (attach extra sheet if necessary)• Please describe building areas: �_ q Number of Floors and General Characteristics BEFORE Alterations: Neu ) Defociie," era I '/a- 51-0-Pel y with -feral abndv t Number of Floors I'/Y IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your properly: Proposed increase of building coverage: /0 t Square footage of your lot: 69,9944 Percentage of coverage of your lot by building arca: .a9 V. Purpose of New Construction: 4:14",1-1c, -{tee' a ✓Lti re%5 dyvneewn eius uh rk char VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(e): -P4.1- Dr rely Iwt H Shit eit • Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 r 1 ISLAND b y SO 0ND illii All 5\1111/1 1O. Ili 61 g {� ®� 4 j ,'�Yr�� ®® gilts scH.o. z F.o.zsWA. oa. ��F '� 1.]0'0. ` L•4Plp ....0® >� a scP _ 6 "y N�� @ 1 Jive ® O 6.1 i®®® lirabilleillii 19.441[1 ® _ 6boI� zay s11, 3 VI P® 6 S 21.I1 "i.�o®i ® SooL>1H6N Ilist 24.16 1 lai alli 1.04 7. �® IL10 .0A 11.18 11.1 11VI 0 24.12la y® 64 1.11 5S . 21.134. 1 y `• - 2110 a " ,u 1.1P'„1 ITN " ZSPt 15 LP. 110.[1 t�1, Pd 21.29 4 E6oi 21 ® s a..m 14.1 ... a ]17.6 III>24 x13] Q1 z1.z6 P ,,. 4.] .. L1P y S�2 `°,61 „6 1Aµ[1 , e to 2 15. - w, W 901 R\ �].1PIC 15., \ L.1Pttl �L , 9�Q�y UI eit-St1tV` \�-.�: �um os ti��. ae \.: �< 4N.]11 �'R`�itea 1 \ \x Ox�� S• .l\ O 1+ 8�� 8 spd° \ 16.8 (\ iiihernialift pl STAFF OF \/ ALA-Le. to I ® 'w6 jYY ct • 2.91141 263 Y\\. / /_ _ /81 6 - / S' i ' it 9 - /./ Mw,.,„M '""° NOTICE COUNTY OF SUFFOLK C tetl.rt, n x5, SpE — M. lC 4NCE, tOEPul10 LF OP ;60 O TOWN 0' SO ro w,,.a,,_— e = e�,R9e,6r OF our,e0.r,ex OF.1 o a.Real Property Tax Service Agency r +..w.,... M .. sueouxcl cs _ sorrolx co(eir TAN wm Is PRwuerrm i',.., t_A Coity Center Nrverheod,N Y 11901 nlecea REOL 0 PERTFN POAR RSERVI Ee!Aunty 5(Il1 IN R[l, 19 Ol, wsou RFarveoRearr sFRnoe eccrvn b V A z . P ma °° aripel 90 ]I � C 0 3 , - �y COUNTY OF SUFFOLK 1 ° '{% rt; 4 Ur 9 7 1.007 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING August 21, 2007 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Hayward 6054 Arias 6065 Manganiello 6066 Lomas 6067 Scripps 6069 Hassildine 6072 Beebe 6073 O'Brien 6075 Very truly yours, Thomas Isles,AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(6311 853-4044 81(1 ► t1 tveiet ` SEP 1 1 2007 (tory' /er / 4r82007 �7 Ti AAs 4ct=n/ ,f itoo547- 773rn.7 4Trend no4 Tl,,, r /►�/2. 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N88°57'40"W 125.00' OR I .49 ACRES LOT 17 MAP OF ORIENT-BY-THE-SEA, SECTION ONE hAYWARD FILE NUMBER 2777,FILED NOVt2,,15-A=l.5,Z, / CO !' 07/05/2007 SITE PLAN `' ° g 2 FAIRWEATIIER-GROWN �,4 L, DESIGN ASSOCIATES,INC. SCALE: I "=40'-0" /0 _a 205 BAY AVENUE /N. GREENPORT, N.Y. 11944 \K---.9 11-N 63 I -477-9752 (Fax) 631 -477-0973 t "11Pr— l' * iii.14,011116. . 'ir Airo 1 soli of 414h. lir illte441.1/41110. ' ) ille II 1' _., NIVe coo rill , 4 -Av 4, . .„. '` -OP 4,40.11114 s • 4 ,,,,- as oillT: 4 lit, 144 - s * 3 e � w � ig..$14 o q . ... ._ _ .... .s. . . , , .„.„. ..... __ 1 �', . . :«e fir,; +�'+ iiiii . . ,..rte \ �'' " •, , ,. —.- ....rir,, ' � ,,,,,,,.• S ,, # _.., -tit i 4 : . .idk. 1.• • x t• * Ar �4 i - 1r6 •. ;se la iirriA 41 !! ; : i Ir. oticif 4. 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Vii► h - 1�^ ', 1' ,i4 � v., J- ...��E .• JP i •! 9 , •• ..... ■ w '-, ~ i . t F , .. 91 %. ,,... . } i gra y •• e� J • r q . Y ', I r : t ' ( . rt ', 14 •_) / i (,9l% Ism 'm uaJ 1 3*IL t4 40 • 11 I 4. i Ar _ a �.X� p 4,i14 ,:glillt -t'12, .;- ' a .-, .... ...-3--".-- VC 0 ,. F ` , • . ' 4. ,.., ',,4.... „ ,.' + moi. .. tilt tallsk s • Iv 4 • • t f a; ��; 4 % ilippr f . j; r i • $ * �� •. k .:: if #1'. 1 i rF' V 10 C� C OP di' ..t • u m � A'Y 7 a x trea ina ' 1011K,. .- ` AggiR 1- W/ 90) I.ou►tlµl JUL -7 1s' �'r w► aril Gt t 7 !' ,.=, - ,n—, �._ II) FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. �c�$� 7L n k. ' r it r;Y 205 Bay Ave Greenport,N.Y. 11944 JUN 2 6 2007 631-477-9752 (fax)631-477-0973 j 5r$1 ZONING BOARD ,IPPE To: Southold Town ZBA qap P From : Amy Martin Date: 6/26/07 Re: Hayward Appeal File # 6054 Attached please find the documents you have requested concerning this application. The changes were submitted to the building Dept removing one of the dormers and the attached disapproval is the result- (same as original disapproval). The elevation from ridge to grade has been labeled and is a maximum of 22' on all sides. The Dormers on the rear or east side comprise 32% of the roof where 40% is allowable. As there is no element of the current code that states the difference between 1 % and 2 Story, I have called the Building Dept for clarification. In a conversation I had this morning with Pat Conklin, she descibed a 2 story as livable space, 1 % as storage. As most of the space on the second floor is in the gambrel eaves with not enough headroom to be considered living space we will designate this garage as 1 % story. Thank you for your consideration of our request, )3-ett/i ) Amy it rtin 6 I Offic ana er/Permit Agent g g "31 Fairweather-Brown Design Associates, Inc. }y�J� 04‘).43, �g\a-1 6° FORM NO. 3 NOTICE.OF DISAPPROVAL DATE: September 14,2006 RENEWED: October 16,2006 RENEWED& AMENDED: May 21,2007 A MENDED: June 20, 2007 TO: Amy Martin a/c Ilayward 205 Bay Avenue Greenport,NY 11944 Please take notice that your application dated September 12, 2006 For permit to construction an accessory garage at Location of property 1450 Three Waters Road, Orient, NY County Tax Map No. 1000-Section 15 Block,3 1,ot 19 Is returned herewith and disapproved on the following grounds, The proposed construction. on this non-conforming 64,994 square foot lot in the MIT District, is not pcuuitted pursuant to Article III.Section 280-15,which_states that accessory buildings and structures shall be located in the required rear yard. The Qr9Dosed accessnr garage is noted as being located in the side yard. This Notice of Disapproval was amended and renewed on May 21.2007 to remove any need fir variances related to ,dditinns and alteration b ro•osed o xistin• hou_ _ • .hun!es t) 'onstruction of the ro used accesso : 'd on site •la a cd 51917 b ;'r ' her- Brown Design Alsnelates,and on June 20,2007.to address new plans submitted to this office, d_to• 00 �,r,� ; weather-Brow• 4. dates. Dan • - e •eit, it .xaminer CC: tile,Z.B.A. Note to Applicant: Any cha - • :iation to the above referenced application may require additional review from the Southold Town Building Department. 06/19/2007 14:04 6317659064 ZBA PAGE 03 QUESTIONNAIRE FOR FILING WffH YOUR L E.A.APPLICATION A. Is the subjt premises listed on the real estate market for sale? n Yes No B. AJ`e there any proposals to change or alter land contours? Ito 0 Yes,please explain on attached sheet. C. 1)Arc there areas that contain sand or wetland grasses? -e 2)Are these areas shown on the map submitted with this pplication? vS 3)Ts the property bulkheaded between the wetlands area and the upland ilding area? V10 4)Tf your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm tai c of your inquiry or application with the Trustees: it ' -tarn im Wn n 5 and if issued,please attach copies of permit with conditions and approved map. 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? jp.ka_t/ (PIease 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? 110 If yes,pleasesubmita 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. • H. Please list present use or operations conducted at this par i-1 ' •t , ' r , and proposed use ,Al 2 041►1 MUM h aCce55oi' Gly Pi ' (examples: existing: single-family; proposed: same with ga .ge or pool,or of cr description.) I IZ Authorized Si nature and Date 2105; 1/07 it� g brad-i-Ta � l01\ j %\ \ �I�l S (K/ 0)%\\ Hayward #6054- sept 13 2007 fl - \j:Oh 1 2 Hearing #6054 - Hayward 3 CHAIRMAN DINIZIO: Our next hearing is for 4 James and Judy Hayward. That's yours, Leslie. 5 CHAIRMAN DINIZIO: That's yours, Leslie. 6 BOARD MEMBER WEISMAN: Anyone here for the 7 Hayward? 8 MS. DOTY: Yes, I'm sorry. 9 BOARD MEMBER WEISMAN: Let me read the legal 10 notice. 11 "Request a variance under section 280-15, 12 based on the Building Inspector's amended June 20, 13 2007 Notice of Disapproval , updated July 17, 2007, 14 which states that the proposed accessory garage 15 will be located in a yard other than the 16 code-required rear yard, at 1450 Three Waters 17 Road, Orient; CTM 15-3-19." 18 It would appear upon site inspection that 19 there is no rear yard. That this house -- this 20 property is located on, has two front yards and a 21 waterfront property boundary as well there along 22 Lands End Road in the neighboring development and 23 fronting on Three waters Road. so therein lies 24 the dilemma. The garage is about 672 square feet 25 in size? 0 1 2 MS. DOTY: I think that's correct. ( ae 1 -- pa-e,4 ��� d Hayward #6054- Sept 13 2007 3 BOARD MEMBER WEISMAN: Twenty-two feet high, 4 one and a half stories tall with a half bath and 5 an open covered entry on the first floor, storage 6 and art studio on the second floor according to 7 the plan. Can you elaborate? 8 MS. DOTY: I'm Deborah Doty. I'm the 9 attorney for Mr.and Mrs. Hayward. Mrs. Hayward is 10 here and Amy Martin is here from Fairweather 11 Brown, the architects who prepared the plan and 12 also the submission to the Board. I think the 13 issue really is the location of that garage and as 14 you said, Ms. Weisman, there are two front yards 15 and there's a waterfront yard, it's on the 16 waterfront. So it really doesn't have a side yard 17 and it doesn't really have a rear yard and they 18 need the detached garage in order to shelter the 19 large van that's required for their handicapped 20 son. It can't fit under the house. So they were 21 looking for an alternate location which presented 22 itself as this corner of the yard. That's all I'm 23 going to call it is a yard because that's what it 24 is. It's an M2 District surrounded by R40. The 25 access is and always has been from Three waters 0 1 2 Road. They don't intend to change that at all . 3 Because it's a waterfront lot, front yard location 4 on an accessory structure is permitted according 5 to the code. So the question is where? And we 6 propose that the garage be placed within 25 feet 7 of Lands End Road, the adjoining development, to Page 2 Hayward #6054- sept 13 2007 8 which we have no access, to which we plan no 9 access and which right now is hidden from view 10 from Lands End Road and the other neighbor by 11 shrubs, etc. It's setback there because of the 12 size of the van, you need additional access to 13 turn it around when you get it out of the garage. 14 And that's why it's setback 10 feet closer to 15 Lands End Road. If you look at the location of 16 each of the houses surrounding this, you've got 17 one house to the south which is not impacted 18 because we meet that setback, if you use the 25 19 foot setback for that. There is an adjoining 20 neighbor in Lands End but it's a miniscule 21 adjoining. It's maybe 3 feet, 4 feet, 5 feet and 22 his house, as I recall , is over on the other side 23 of his property, away from this property. The 24 premises actually really abuts Lands End Road, per 25 se, and on the other side of Lands End Road is an 0 1 2 oddly shaped waterfront parcel where, if there is 3 a house and I couldn't tell when I was out there. 4 (To audience member) There is none. okay, thank 5 you. If there were a house, I am willing to bet 6 the Board it's not going to be put close to the 7 detached garage. It's going to be put up by the 8 water. so they' re not going to be affected by 9 this garage at all . So in essence, we don't 10 really have neighbors that are going to be 11 impacted by that small 10 foot variance that we're Page 3 Hayward #6054- sept 13 2007 12 requestiong. Therefore, I'm requesting that you 13 grant the variance and I think Amy is going to 14 talk, Ms. Martin is going to talk about the 15 - interior of the garage and the reason that it has 16 what it has it in. But if you have any additional 17 questions for me? 18 BOARD MEMBER WEISMAN: Just let me verify 19 once again because I had wondered upon site 20 inspection why the need fora second garage when 21 there is a garage below grade already attached to 22 the dwelling. You've clarified that this is for 23 the van? 24 MS. DOTY: Yes and I believe that's going to 25 be the only garage as it turns out. We' re going to 0 1 2 eliminate the under garage totally but we couldn't 3 get the van in there anyway even if we wanted to. 4 BOARD MEMBER WEISMAN: Okay. Well let me 5 listen to the architect who'll probably clarify 6 some other odds and ends. 7 MS. DOTY: Okay. 8 CHAIRMAN DINIZIO: Should be fine. I have 9 nothing else. 10 BOARD MEMBER OLIVA: I just wanted to clarify 11 something. We did receive a letter from Mr. Doug 12 Fleming and he thought Ms. Hayward was going to 13 put on road onto Lands End Road which of course 14 she isn't. I just wanted to have that in the 15 record that that is not the case. That you' re 16 access will be only from Three Waters Lane. Page 4 Hayward #6054- sept 13 2007 17 Ms. DOTY: I said that early on that we will 18 only have access from Three Waters Road. we don't 19 want to go via Lands End at all . 20 BOARD MEMBER OLIVA: I just wanted to so that 21 it's in the record that Mr. Fleming is assured 22 that the only access is from Three waters Lane. 23 Ms. DOTY: I believe that the owners would 24 accept a condition that we don't have access from 25 Lands End. we don't intend. we don't want to. 0 1 2 BOARD MEMBER OLIVA: I don't think you could 3 if you wanted to. 4 MS. DOTY: Well , I don't know. we might be 5 able to but we don't intend to and we don't want 6 to. 7 BOARD MEMBER WEISMAN: Will you be leaving 8 the vegatative buffer? 9 ' MS. DOTY: We would be willing to. Not 10 necessarily what's there right now. 11 BOARD MEMBER WEISMAN: Yes, it's pretty 12 rambled and difficult. she'd probably have to do a 13 lot of cutting to excavate. But you'll leave some 14 sort -- you'd do that as a condition? 15 MS. DOTY: They intend to put in a privit 16 hedge. 17 BOARD MEMBER WEISMAN: okay. 18 CHAIRMAN DINIZIO: Michael , do you have 19 anything? 20 BOARD MEMBER SIMON: I have no questions. Page 5 Hayward #6054- Sept 13 2007 21 CHAIRMAN DINIZIO: Ruth, do you have 22 . anything? 23 BOARD MEMBER OLIVA: Is there a 6 foot 24 fence? 25 MS. DOTY: There's no fence. 0 1 2 BOARD ASSISTANT KOWALSKI: It was showing on 3 the site plan, a 6 foot fence. 4 MS. DOTY: The fence was approved. 5 BOARD ASSISTANT KOWALSKI: Do you want us to 6 revise the site plan? , 7 MS. DOTY: If we were going to put in a 8 fence, we'd have to get a building permit for it. 9 we do not, right now, intend to. We intend to do a 1O vegatative buffer. 11 BOARD ASSISTANT KOWALSKI: Thank you. 12 MS. DOTY: I'll turn it over to Ms. Martin. 13 MS. MARTIN: I don't really have much to say 14 after Deborah's presentation but I would like to 15 just -- I'll refer to the one paragraph that I was 16 going to say. The confusion about the driveway. 17 There seems to be some confusion and concerns with 18 neighbors from the adjoining development. They 19 Haywards have never entertained having an entry 20 onto Lands End Road. I have spoken on the 21 telephone with Ivanka Puhalobic, a noticed 22 neighbor to the east from the Land's End 23 subdivision who's concerns were similar to those 24 ' addressed in the letter to Mr. Dinizio from DH 25 Fleming. I assured Ms. Puhalobic and at this time Page 6 Hayward #6054- sept 13 2007 0 1 2 would like to assure the Board and the neighbors 3 in the adjoining development that there are no 4 doors on that side of the proposed garage and the 5 Hayward's only driveway is to be that previously 6 described as being onto Three waters Lane. And 7 the only thing that I did have to submit was I did 8 a small mock-up of the actual location and the 9 only thing that might change a little bit is the 10 driveway will have a turn-around so that they can 11 back the van out and not be backing onto Three 12 waters Lane. so there might be a slight change of 13 ' the access to Three waters Lane just to 14 accommodate a gradual curve that they can get out 15 of easily from both directions. 16 BOARD MEMBER WEISMAN: That's fine. You don't 17 need a variance for that. It's much better. 18 MS. MARTIN: It also gives you the idea of 19 where the garage is in the woodland area. If you 20 have any other questions? 21 BOARD MEMBER WEISMAN: I just want to ask to 22 confirm that the garage is going to remain 23 unheated? 24 Ms. MARTIN: I don't know. The only thought 25 was it will be a wood working shop on the ground 0 1 2 floor because Mr. Hayward likes to do wood Page 7 Hayward #6054- Sept 13 2007 3 working. There may be a space heater or something 4 like that so he can work in the winter. But it's 5 not meant as a residential area or a sleeping area 6 and it's storage above and it's an art studio to 7 finish work upstairs. It really is a garage with 8 a work shop. 9 BOARD MEMBER WEISMAN: All right. I'm done. 10 CHAIRMAN DINIZIO: Anybody else have any 11 questions of Ms. Martin? Hearing none. Anybody 12 in the audience? Deborah, are you finished with 13 your presentation? 14 MS. DOTY: I'll wait. 15 CHAIRMAN DINIZIO: Come on up and state your 16 name and address, please. 17 MS. PUHALOBIC: My name is Ivanka Puhalobic 18 and my address 1685 Lands End Road in Orient. I'm 19 here today with a few of my neighbors because we 20 have concerns with reference to this construction 21 of this garage barn. It's fairly large and we 22 have some points that we wanted to bring out. 23 First, I have a list of different issues. First, I 24 respectfully submit a denial for the variance that 25 Mr.and Mrs. Hayward have requested for the U- 1 2 construction of this garage based on the reason of 3 hardship. The, Haywards purchased the house on 4 Three Waters Lane in 2004. The home does have a 5 two-car garage. They were aware of the size of 6 the garage and the disability which they have was 7 prior to the purchase. So they were well aware of Page 8 Hayward #6054- sept 13 2007 8 what this home offered for them. The structure 9 that they propose would be in the furthest corner 10 from where their house is but would be the closest 11 to my home. So in the front when I go in the 12 front of my house and look out of my balcony which 13 I will be seeing the back of their barn, their 14 garage, which is very large. I don't know if 15 you' re aware of it, it's 22 foot high, which is 16 closer to two and a half floors. Not one and a 17 half floors as they propose. I really have 18 questions with the size of this and this is going 19 to be very unsightly for me to look at when I look 20 out my front yard to look at the back of their 21 barn. I don't think that's fair. It increases the 22 value of their property but it's definitely 23 decreasing the value of my property. There's also 24 a few other things. The size of this garage, this 25 barn, is going to be larger than three of the 0 1 2 homes that are adjancent to them on Three waters 3 Edge. They' re all little homes there and this barn 4 is actually larger than the houses in the area. 5 There's a few other things here. I have no 6 problems with houses being built in the area or 7 garages as long as they abiding to the law and the 8 regulations of the building department. This is 9 an unusual situation because their front yard is 10 right up against my front yard. They' re saying 11 it's only three feet but that's the view that's in Page 9 Hayward #6054- Sept 13 2007 12 front of me. when the first lady spoke, she said 13 that it's all shrubs there and that it's a big 14 buffer but that's not really true. Once this 15 garage is to be built, all that will be cleared 16 out. You' re not going to have anymore shrubs 17 there because this is so close to Lands End Road. 18 So it will be a full view of this garage. 19 Mr. Hayward had mentioned once to me and also once 20 to my husband of the possibility of having an 21 access on Lands End Road. So I question in the 22 future being this garage is going to be so close 23 to Lands End Road, will they be wanting to open up 24 some area there where they can put their boats, 25 where they can have their possibly garbage 0 1 2 dumpsters and all of this which is so far away 3 from their home will be right up in our community 4 and 1 have questions for that. Because it would 5 be right on the road which leads down to the beach 6 where people come from the -- it's a Town beach. 7 They have stickers from the Town and they are able 8 to park there legally to enjoy the beach. If they 9 do open, where will these cars then all be 10 parking? It's going to make a traffic situation 11 in Lands End Road. Like I said, this garage will 12 be closer to my home then to their home and I 13 really feel that I don't have a problem with the 14 garage. If it were smaller in size as a normal 15 garage and if it was closer or some other 16 position, not right up against the Lands End Road Page 10 Hayward #6054- Sept 13 2007 17 community. That's pretty much it that I have but I 18 know that my neighbors are here and they also have 19 issues that they are concerned with. J 20 CHAIRMAN DINIZIO: Thank you. Does anyone 21 have any questions? 22 BOARD MEMBER WEISMAN: I'd like to ask her a 23 question. could i ask you to approach and just 24 identiy on this map which is your home? I just 25 want to be sure. 0 1 2 Ms. PUHALOBIC: I'm right here (indicating) . 3 BOARD MEMBER WEISMAN: You' re there 4 (indicating) . You' re in this community? 5 MS. PUHALOBIC: I'm in this community and my 6 house looks out this way and this is what I see 7 when i look outside. The structure will be here 8 and this will all be cleaned out and this will be 9 an eyesore. I also have here an open driveway. 10 (All Members talking at same time.) 11 BOARD MEMBER WEISMAN: I can explain it. 12 You're the house that is actually fronting on the 13 neighboring development on Lands End Road which 14 curves and terminates at the beach? 15 MS. PUHALOBIC: Yes. 16 BOARD MEMBER WEISMAN: It would be at the top 17 of this. 18 CHAIRMAN DINIZIO: Maybe I can ask a 19 question. Approximately how many feet would you 20 be away from that garage, your property. Page 11 Hayward #6054- Sept 13 2007 21 MS. PUHALOBIC: How many feet? I really 22 don't know. Maybe three hundred feet. 23 AUDIENCE MEMBER: Hundred feet. 24 CHAIRMAN DINIZIO: We're just trying to get 25 a description written down so when we read this we 0 1 2 have an idea. when you first spoke I thought you 3 were the house next door which would have been 25 4 feet from the property line. But that's not the 5 case. If you' re a house that's furthest back in a 6 different development -- you're the Lands End. 7 These people are in Orient by the Sea. 8 MS. PUHALOBIC: Yes. The house that you just 9 mentioned that you thought I was, that would be 10 they're adjacent to their backyard. But with me, 11 it's my front yard. 12 CHAIRMAN DINIZIO: Yes. 13 MS. PUHALOBIC: There's the difference. 14 CHAIRMAN DINIZIO: Anybody else would like to 15 speak on this application? 16 State your name and your address, ma'am. 17 MS. CUZO: Good morning. My name is Marie 18 Cuzo. I live at 1500 Lathan Lane in Orient and I 19 want to speak this morning on behalf of Ivanka 20 Puhalobic and all of my neighbors. Naturally, we 21 have a lot of concern for what happens in our 22 community. we're a tight knit community and the 23 issue of this new construction really does concern 24 us quite a bit. Mainly, the structure we feel is 25 too large and we just had some discussion about it Page 12 Hayward #6054- sept 13 2007 0 1 2 becoming a workshop and you know possibly putting 3 some heat in it and it may be a studio. when I 4 hear the word workshop, all I can think of is 5 noise. And because this structure is so close to 6 Ivanka's house and all of us that walk down to the 7 beach, we're concerned that we' re going to lose 8 our park-like stetting there. we have a very open 9 area there. The houses are all built on one plus 10 lots. It's very wide open. When you come down 11 Sound view Avenue which is in Orient by the Sea 12 where the Hayward property is located. when you 13 come down that street, you have a number of small 14 properties. These are little houses that started 15 out as bungalows and then you get up to the 16 Hayward community. In our area in Lands End, we 17 have very large houses. So we know that there is 18 a public access there to the beach. we have a lot 19 of people who walk up to the beach. we have 20 children who are riding their bikes down there. 21 we have motorcyclists. we have a number of issues 22 to deal with and I think really what our concern 23 here is is that we basically have been good 24 neighbors. we respect the fact that there is a 25 public beach and people are allowed to walk there, 0 1 2 they' re allowed to fish and do things. We have Page 13 Hayward #6054- sept 13 2007 3 noticed that these people have not necessarily, in 4 my opinion, been good neighbors for a number of 5 reasons. And what this is all building up to is 6 we feel as though our property rights are going to 7 be infringed upon. Basically what I want to say 8 is that in my opinion, I think much of this is 9 self-serving. My heart does go out to these 10 people the fact that they do have a handicapped 11 child. But when I look at the plans and I see 12 that they're planning other construction to 13 enlarge this house, to take away the garage. Put 14 it in the furthest part of the yard away from 15 their view. I think that that, in my opinion, 16 could be a lot taken as being self-serving. There 17 are fences going. There were signs private 18 property, keep off, public beach ends here. 19 There's policing of the area every other week. 20 They call the police to chase people off the 21 beach. You know I believe in live and let live. 22 CHAIRMAN DINIZIO: Ma'am, ma'am. I would 23 hope that you would keep this to what the 24 application is asking for which is a garage in a 25 nonconforming location on that lot. Everything 0 1 2 else even though it may be important really isn't 3 relevant to the application, okay. Of course, 4 that's probably only my opinion up here but we 5 need to just concentrate on that particular barn, 6 what they' re asking for. so if you could just 7 address yourself to that, I'd appreciate it. Page 14 Hayward #6054- Sept 13 2007 8 Ms. cuzo: well , I think that some more of 9 my neighbors would probably have more to say about 10 this. But I think we don't want to make this a 11 personal issue. I think our real concern is that 12 when we look at this plan for construction, our 13 concern is that we don't want it to escalate. 14 Because you know maybe they're asking for this i 15 much today but you know after all is said and done 16 tomorrow it might be a different situation and it 17 might be too late to do anything about it. 18 BOARD MEMBER WEISMAN: Let me just respond 19 that one of the things that is frequently done 20 with variances when granted are placed with 21 restrictions and conditions on the granting of the 22 variance. we've already talked about some of them 23 and so you' re comments can be, in some respects, 24 dealt with by conditioning no access from Lands 25 End Road, a very heavy planting screening to 0 1 2 mitigate any views that are obstructed so that in 3 future it will not be legal for them to have 4 access in any other way than what is described in 5 this variance. So bear in mind that listening to 6 your comments is constructive and helpful in that 7 we can incorporate some of them in consideration 8 of this application. 9 BOARD MEMBER SIMON: I'd like to add 10 something but I don't want to interupt you if 11 you're still continuing with further remarks. Page 15 Hayward #6054- sept 13 2007 12 Ms. cuzo: I think I've said enough. 13 BOARD MEMBER SIMON: Just a maybe a bit of a 14 general understanding of how this Board works and 15 what we are limited by the law. You mentioned two 16 phrases which are very important to people. One 17 had to do with whether something is a personal 18 issue or not and also the notion of property 19 rights. Now, if something is not a personal 20 issue, it must be a legal issue. And we're limited 21 and this is another way of saying what Mr. Dinizio 22 said. we have to be bound by the legal issues not 23 by the personal issues however they fall . And the 24 whole idea of private property is that you can do 25 certain things within the contraints of law on D 1 2 your property. That's what your property rights 3 mean. So the issue is going to be whatever the 4 applicant is doing on the applicant's property is 5 consistent with the legal constraints aside from 6 the personal issues and I agree with him. And 7 from a legal point of view, these things are not 8 relevant to us. They are certainly relevant. As 9 the code is written and we' re bound by the code. 10 we make a decision that must be consistent with 11 the code. we' re allowed a certain degree of 12 discretion. when we go beyond the code, we're 13 subject to reversal on appeal by the supreme Court 14 of the state of New York. And the idea is, they 15 have for example, a 25 foot setback. what they do 16 beyond that further in from that setback is pretty Page 16 Hayward #6054- sept 13 2007 17 much their business and we could not control that. 18 We could put some conditions on it with regard to 19 to neighbors but a lot of us I think and, 20 personally, had the problem of having people who 21 are neighbors do things that we wish they wouldn't 22 do. But unfortunately for us it's absolutely 23 consistent with their legal right to do so. My 24 own house. I had somebody put up a large garage 25 which is blocking my view of Peconic Bay. Nothing 0 1 2 I can do about it. On a personal issue, I say 3 please don't put up a garage blocking my view but 4 that's about as far as it can conceivably go. The 5 law, for better or worse, simply doesn't reflect 6 all of the kinds of concerns that the last two 7 speakers have raised. Maybe they should. But 8 there Board doesn't have the power to rewrite the 9 code to prohibit certain kinds of things which we 10 think should be covered by the code are not. The 11 issue has to be focused on whether what they are 12 doing is consistent with the words and the spirit 13 of the code. And that unfortunately perhaps for 14 people who want to comment on this limits the 15 kinds of concerns that could be raised. Luckily, 16 for us, we don't get into the question of who's 17 the better neighbor or who's a worse neighbor. You 18 can say so and so is a bad neighbor. 19 unfortunately, if you don't like -- if I don't 20 like my neighbor because he's a bad neighbor, I Page 17 Hayward #6054- sept 13 2007 21 don't have much option except to move away or buy 22 his house from him. I think we can all be 23 sympathetic to these kinds of concerns and it's 24 probably useful for the applicant to hear about 25 them because on a personal level they can be 0 1 2 mitigated to some degree as long as it doesn't , 3 seriously interfere with what they want to do, 4 their use of their own private property. That's 5 just a statement about the general legal 6 background of the whole system. Their points can 7 have some great moral appeal but we can't deal 8 with those. 9 MS. CUZO: I have one comment regarding that. 10 Right now under the guise of a garage, we' re 11 having a structure that will be built that will be 12 almost the size of another house. So I mean, 13 legally, are they entitled to put up something 14 that large on this parcel? 15 BOARD MEMBER SIMON: Put it this way. If it 16 weren't for that front yard, side yard, rear yard 17 situation, they wouldn't even be before us about 18 the size of the garage. That simply would not be 19 an issue. we're here only because there was a 20 Notice of Disapproval granted by Building 21 Department because of the rear yard issue. If 22 there hadn't been a Notice of Disapproval or had 23 it been a different situation, there would be no 24 opportunity for us or any court to review it. So 25 these are matters but they simply don't come Page 18 Hayward #6054- Sept 13 2007 0 1 2 before us. 3 BOARD MEMBER WEISMAN: I want to point out 4 that there is an accessory structure code 5 relatively new that basically determines the size 6 of a structure that is legally allowed based upon 7 the size of the lot, the square footage of the 8 lot. That will determine height, setback and 9 square footage. And I will double check to make 10 absolutely certain that on 64,990 square foot lot, 11 which is very large, that the code allows a 12 structure of 672 square feet. I believe it does 13 but I will be sure to double check that. I have to 14 write the draft finding on this that we will be 15 deliberating on. so we will make very certain 16 that whatever variance we grant is within the 17 limits of the code and the law and we will do 18 everything possible to make sure that your 19 concerns are taken care of. 20 MS. CUzO: Thank you, Ms. Weisman. 21 CHAIRMAN DINIZIO: Certainly, ma'am, they can 22 build something much larger on that piece of 23 property. Much larger if they attach it to the 24 house. And I'm not saying that that is part and 25 parcel of any reason to give them a variance for 0 1 2 what they want but we are constrained by the law. Page 19 Hayward #6054- sept 13 2007 3 We have to look at just the setback. We' re really 4 just looking at a flat piece of paper with 5 markings drawn on it. We're not really looking at 6 the final product, the hedge, that fact that 7 you're going to look at this. People have certain 8 rights. Certainly they should be neighborly and I 9 think we all have not necessarily problems with 10 our neighbors but we all have things we would like 11 the way our neighbor to be. But other people have 12 other rights. This particular application is 13 constrained by the fact that they are zoned in 14 such an odd way for a residential area, an M2. 15 And I know what that used to be because I used to 16 get the rowboats out of there. I used to go 17 there. I used to work. It's very unique and at the 18 time they wanted to preserve that. That's the way 19 it has ended up. They probably should have 20 switched it back to residential at some point in 21 time. No one has bothered to ask for that. It 22 doesn't seem like -- it was sold and someone built 23 a house on it and they did it legally and now 24 their constraint is that they have two roads on 25 either side of their house and they want to try to 0 1 2 put a normal -- anyone normally could have a 3 building. Certainly they are allowed up to 750 4 square feet with the new accessory code that we 5 have. I'm sure that applies to M2 just like 6 anybody else. 7 BOARD MEMBER WEISMAN: There's a letter Page 20 Hayward #6054- Sept 13 2007 8 clarifying that in our file. 9 CHAIRMAN DINIZIO: We'll try to mitigate 10 things. Certainly the having access to two roads 11 on one piece of property is something we can 12 certainly restrict and that we should restrict. 13 The privit hedges, they' re nice but boy, they can 14 grow pretty high too. But people can have those. 15 Six foot fence is probably better because at least 16 you know it can't go to seven. But people can have 17 privit hedges. There's no law that says they 18 can't. I have a lady who has a privit hedge 19 behind me and I cut it because I want my height 20 and she has no objection to that. But you'd have 21 to get their permission to do that. Beyond that, 22 we can't go any further. Ruth, do you have 23 anything else to say? 24 BOARD MEMBER OLIVA: I'd like to ask Ms. Doty 25 one question. Why has the garage been placed -- 0 1 2 CHAIRMAN DINIZIO: Hold on. You want to ask 3 Ms. Doty a question? 4 BOARD MEMBER OLIVA: Yes. 5 CHAIRMAN DINIZIO: Can we just wait till 6 everybody has their say? 7 BOARD MEMBER OLIVA: Well I think it might 8 answer their question. Is there any reason that 9 the garage cannot be moved closer to the house? 10 MS. DOTY: Closer to the house? I think that 11 would impinge upon views more than where it's Page 21 ,Hayward #6054- sept 13 2007 12 located in terms of views from the neighboring 13 subdivision. I would suggest that. 14 BOARD MEMBER OLIVA: okay. 15 BOARD MEMBER WEISMAN: Just to build upon 16 that before we hear other things. All of you 17 should be aware of the fact that every time we 18 have an application, we all visit and inspect the 19 site. In doing that, I not only approached from 20 Three waters but I drove around to the neighboring 21 subdivision and drove down to the beach and past 22 your house and stood there and looked at it from 23 all angles. That's part of our responsibility is 24 to look at potential impact. So when you' re 25 describing youre experiences, I would venture to 0 1 2 say all of us have done our homework and are able 3 to understand what you' re talking about because 4 we've ,seen what kind of bramble and trees are 5 there and how close things are and where access 6 comes from and where circulation goes. So that is 7 part of our job and we've done that. So we can 8 understand what you' re talking about. 9 CHAIRMAN DINIZIO: It certainly -- a view 10 over somebody elses property is not under the view 11 of this Board either. Just to make that clear. 12 So Ruth, you got the answer to your question? Does 13 anybody else want to come up? Come up. Just 14 stand to the microphone, please. Just state your 15 name and address. 16 MS. CASEY: My name is Lisa Casey. I'm the Page 22 Hayward #6054- sept 13 2007 17 owner of 1370 Lathan Lane which is four lots east 18 of the Hayward property. I'm also the president 19 of the Lands End property owners association. At 20 this juncture, I have a question. My neighbor has 21 talked about the other neighbor stuff and I 22 respect your limitations around that type of 23 issue. If you grant this variance and you put in 24 the language of no access to us which is, for the 25 rest of us here, absent ivanka, is of concern, and 0 1 2 you have something about vegetation or a hedge, 3 what is the mechanism to make sure that that 4 happens? 5 CHAIRMAN DINIZIO: You are the mechanism. 6 Home Owners Association or anybody that would be 7 hurt by that would go to the building inspector, 8 file a complaint and ensure that that right that 9 you've been granted which is not to have them have 10 -- I should say restrictions that they have upon 11 their property is enforced. 12 MS. CASEY: okay. And the fact that it's a 13 Town access point is not material to that 14 complaint? 15 CHAIRMAN DINIZIO: I'm not a lawyer. You can 16 probably ask Kieran. I can tell you that our 17 restrictions are enforced by the code inspectors, 18 our building inspectors. So beyond that, the way 19 that it happens is someone complains. 20 ATTORNEY MEMBER CORCORAN: Are you trying to Page 23 Hayward #6054- sept 13 2007 21 say that somebody should not be allowed to access 22 ' their own property from a Town road? 23 CHAIRMAN DINIZIO: No. Two separate 24 developments here, Kieran. one is Lands End. The 25 other one is orient by the sea. This house 0 1 2 straddles, not straddles that property but their 3 property line, they are in orient by the Sea. 4 Lands End is another road that goes on either side 5 of this house. They have two streets on either 6 side of this property. And their access mainly 7 is, the main access is from -- what's the name of 8 the road Three waters Road. However, there's 9 nothing really to stop them from going onto Lands 10 End Road. 11ATTORNEY MEMBER CORCORAN: No. Quite the 12 opposite. They have a pretty unfettered right to 13 use both if they're both town or public highways. 14 CHAIRMAN DINIZIO: Right, as a condition to 15 granting a variance, we can restrict them to 16 access to that road. They want the building, we 17 can add that restriction. 18 BOARD MEMBER SIMON: Restrict the driveway, 19 not the use of the road. 20 MS. CASEY: No, it's the access to -- 21 BOARD MEMBER SIMON: But access means the 22 driveway. 23 MS. CASEY: Correct. We do not want a 24 driveway into Lands End Road. 25 BOARD MEMBER SIMON: That can be in the Page 24 Hayward #6054- Sept 13 2007 0 1 2 condition. 3 MS. CASEY: My question is because I 4 understand I spend a lot of time with the code 5 preparing for this meeting and I do understand 6 that technically a property can have access to two 7 different town roads. 8 ATTORNEY MEMBER CORCORAN: It's not even so 9 much a code issue. It's a state Law issue. It's a 10 public issue. 11 Ms. CASEY: That was the reason for my 12 question to the Chairman about how would this get 13 written such that -- 14 ATTORNEY MEMBER CORCORAN: They can 15 definitely restrict that there shouldn't be a 16 driveway from this new structure to the road. I 17 think it might be overreaching to say that the 18 person should not be able to access their property 19 from this road. You know maybe the new structure. 20 But I don't know about saying that they are not 21 allowed to reach their house from this road. It's 22 public highway. 23 CHAIRMAN DINIZIO: No driveway. 24 MS. CASEY: No vehicular access. 25 ATTORNEY MEMBER CORCORAN: They may be able 0 1 2 to drive to another part of the property from -- Page 25 Hayward #6054- Sept 13 2007 3 CHAIRMAN DINIZIO: I don't see any reason why 4 they can't park on Lands End and go in. 5 MS. CASEY: That's not our point. 6 BOARD MEMBER WEISMAN: It's a driveway. 7 MS. CASEY: Driveway. 8 CHAIRMAN DINIZIO: They'd prefer to have the 9 people enter where they've been entering and not 10 have the additional traffic coming in to feed the 11 barn, the new structure. That's all I mean. I'm 12 assuming it wasn't -- 13 MS. CASEY: It's been unclear in 14 converstaions with -- 15 BOARD MEMBER WEISMAN: One thing that you 16 should all know is after we deliberate, they'll be 17 draft finding that I'm asigned to write in this 18 particular case that we will be talking about and 19 agreeing on or modifying changing, disagreeing on, 20 discussing, two weeks from today at 5 o'clock in 21 the evening in the conference room of the annex 22 upstairs right above the bank. That finding, once 23 determined, will be available through the zoning 24 Board office. so all of you can get copies of 25 directly how it was written and then you can make 0 1 2 sure that you're informed about follow-up on 3 conforming with the requirements and any variance 4 granted. Just so you know that you have public 5 access to that information. 6 CHAIRMAN DINIZIO: Certainly, at that point, 7 you' re next step is not to come back to us but Page 26 Hayward #6054- sept 13 2007 8 rather file -- 9 MS. CASEY: To the next. 10 CHAIRMAN DINIZIO: But my -- I just want to 11 clarify my sense of the restriction would be that 12 there would no access by automobile. But beyond 13 that I don't see -- unless you have them build a 14 six foot stone wall and don't let them knock any 15 holes in it. I don't know how you can do the rest 16 of it. 17 MS. CASEY: vehicular is what we were. 18 CHAIRMAN DINIZIO: Certainly, again, I can 19 tell you that while that is a good restriction, 20 you know I see both of those roads as being part 21 of their hardship. Their lot does have a unique 22 sense to it that it has two roads on either side 23 of it. They are very constrained as to where they 24 can put buildings on this piece of property. I'd 25 like to see it built maybe closer to the house. I 0 1 2 think we're probably going to address that as we 3 go along here. 4 Ms. CASEY: Thank you for your time. I don't 5 think any of my collegues -- thank you very much. 6 CHAIRMAN DINIZIO: Thank you. okay, Deborah. 7 MS. DOTY: I guess I want to start with 8 saying or stop with saying -- I'm not sure which 9 -- that we began early on in this hearing saying 10 that we never intended there to be any access from 11 Lands End Road for the van or for a car or Page 27 Hayward #6054- sept 13 2007 12 . whatever and my clients continue to say that and 13 will accept a restriction. As far as vehicular 14 traffic is concerned, I would propose that a 15 bicycle be permitted if they want to go that way. 16 The other thing to remember is the size of an 17 ordinary garage is 24 by 24. The only reason this 18 is a little deeper is because of the workshop. we 19 have proposed screening and we will willingly put 20 in screeing. Mr. Dinizion, you mentioned that we 21 could build a lot larger structure on this 22 property. The code coverage is 30 percent which, 23 if I calculated right is an excess of 19,000 24 square feet. we're not doing that. we' re not even 25 coming close to that. And we do have a compelling 0 1 2 reason for this large garage. It's because we need 3 to park this large vehicle for a handicapped 4 child. one of the many reasons we can't use the 5 existing garage is you all know waterfront, you 6 know humidity and you know the extent of humidity 7 the closer you get to' the water and this van has a 8 lot of metal parts in it that rust and corrode. I 9 live on the water and I can tell the difference in 10 humidity between one side of my house and the 11 other. It's dramatic and I would suggest that 12 parking this rather expensive vehicle in an area 13 where things are going to rust is not a good idea. 14 So it's important to get it away from the water 15 and that's another reason to put it back in hte 16 back location where we proposed it. where it's Page 28 Hayward #6054- sept 13 2007 17 least likely to impact the neighbors. I believe 18 the closest neighbor is, if I scaled it right 19 today, more than a hundred feet away from the 20 house. so I would request that you grant the 21 application as applied for and if you have any 22 additional questions, I'll stay up here. 23 CHAIRMAN DINIZIO: I just have one. I mean if 24 you're just saying that climate has something to 25 do with the reason why you need to park this van. 0 1 2 Ms. DOTY: I'm saying that's another reason. 3 I didn't say that was the only reason. 4 CHAIRMAN DINIZIO: Can we just discuss why 5 you cant move it closer? I heard that it would 6 block other people's views if you moved it. I 7 heard you say that. I also know that the view is 8 not really something that we can control . And I 9 mean i catch myself wondering why, if you have a 10 need for a van for a handicapped person, why you 11 would park it some two hundred feet away from the 12 place where that person has to go to live. Maybe 13 you can answer that question. 14 BOARD MEMBER WEISMAN: You drive the van to 15 the house. 16 MS. DOTY: You drive the van to the house. 17 There's going to be a ramp. A better ramp. If 18 you've seen the ramp there now, it's not 19 particularly adequate. There'd be a better ramp. 20 It gets it away from the house. It provides a Page 29 Hayward #6054- Sept 13 2007 21 detached area rather than making a larger 22 structure by the water either wider or deeper 23 because we can't put it in our real backyard which 24 is waterfront and we're putting it back in a 25 currently unused portion of the property and we've 0 1 2 done a lot of very nice lanscaping in that 3 property and I imagine they're going to contiunue 4 to landscape accordingly when they put the 5 deatched garage in. I think it's just a matter of 6 the logical location rather than plopping it in 7 the middle of the yard. 8 CHAIRMAN DINIZIO: And attaching it to the 9 house is not -- 10 MS. DOTY: That would make a larger more 11 imposing structure I would suggest. Ms. Weisman 12 can talk about -- 13 CHAIRMAN DINIZIO: she can't testify to that. 14 I'm asking you. 15 MS. DOTY: It would enlarge the street scape. 16 it would probably make it more massive as a 17 structure. I think it's a nice building right now 18 personally. That's not a legal opinion. 19 CHAIRMAN DINIZIO: But it could be done 20 without the need of a variance? 21 Ms. DOTY: No, because we can't go to the 22 side. 23 BOARD ASSISTANT KOWALSKI: The whole yard is 24 a side yard from the house back. 25 MS. DOTY: we have two front yards. Page 30 Hayward #6054- sept 13 2007 0 1 2 BOARD ASSISTANT KOWALSKI: And a side yard on 3 the other side. 4 MS. DOTY: when you really come right down to 5 it, the issue here is ten feet. 6 CHAIRMAN DINIZIO: Listen, I'm trying to 7 create a record here. I know there are questions 8 in people's minds and they need to be asked. I 9 prefer not to assume anything. I prefer to have 10 you testify to that. 11 Ms. DOTY: The issue is basically ten feet 12 too close to Lands End and we' re proposing to put 13 it there because we feel that it's the correct 14 location for it in order to provide the turnaround 15 for the large vehicle. You get too much closer to 16 the road, then you're going to get a lot of 17 driveway by the road and we're trying not to do 18 that. what I would call the backyard which is the 19 property adjoining the house on Three waters is 25 20 feet. So we just have that one setback on the 21 Lands End side which is 25 feet instead 35 feet. 22 May I consult with my client for a second? 23 CHAIRMAN DINIZIO: Yes, go ahead. 24 (All Members talking at once off the 25 record.) 0 1 2 CHAIRMAN DINIZIO: They can locate this Page 31 Hayward #6054- Sept 13 2007 3 garage in that location because it's waterfront 4 but they can't build it so close to, I believe, 5 it's the house on Orient by the Sea. That is the 6 nature of this application. 7 MS. DOTY: No. That would be the rear yard 8 and that's 25 feet. Your front yards are on Lands 9 End and Three Water and that's 25 feet. 10 BOARD MEMBER SIMON: To build it in the side 11 yard, they don't have to conform to a front yard 12 setback. 13 CHAIRMAN DINIZIO: Then the Notice of 14 Disapproval is wrong. Because it says side yard. 15 It says proposed accessory garage and is noted as 16 being located in the side yard. 17 BOARD MEMBER WEISMAN: No. In a yard other 18 than the code-required rear yard. 19 CHAIRMAN DINIZIO: The Notice of Disapproval . 20 That's what you have to base it on. That's what 21 I've been basing it on this entire time. 22 MS. DOTY: The issue is to the extent we abut 23 a parcel to the south of us. That I believe 24 because we have two front yards, is the rear yard. 25 We meet that setback of 25 feet. 0 1 2 BOARD MEMBER WEISMAN: Yes. 3 MS. DOTY: We meet the front yard setback on 4 Three waters of 35 feet. 5 CHAIRMAN DINIZIO: I think you're wrong, 6 Deborah. I think that when you have a waterfront 7 piece of property, you can build that structure on Page 32 Hayward #6054- sept 13 2007 8 the street side based on the dimensions of the 9 setback of the principle structure. 10 MS. DOTY: That's correct. 11 CHAIRMAN DINIZIO: Now, that is still a front 12 yard. 13 (All Members talking at once.) 14 BOARD MEMBER WEISMAN: That's a front yard, 15 that's a front yard and that's a side yard. so you 16 have a front yard, a front yard and a side yard. 17 MS. DOTY: In the case of waterfront -- I'm 18 quoting 280-15F. In the case of waterfront parcel 19 accessory buildings and structures may be located . 20 in the front yard provided that such building and 21 structures meet the front yard principle setback 22 requirement as set forth by this code and the side 23 yard setback requirements for accessory structures 24 in Section B. You go to Section B, it's 25 feet. 25 Then you go to the bulk schedule and the front 0 1 2 yard is 35 feet. we' re talking about ten feet. 3 CHAIRMAN DINIZIO: It's not insignificant. 4 MS. DOTY: On one side. 5 BOARD MEMBER WEISMAN: Just on the Lands End 6 side. 7 MS. DOTY: And the reason for that ten feet 8 -- it's not just because we want it -- it's 9 because you need the space to back out. That's one 10 reason why handicapped parking spaces are larger 11 then other spaces. You need the space to move this Page 33 Hayward #6054- Sept 13 2007 12 vehicle. And yes, we could move it ten feet but 13 then you got the turnaround spot right by Three 14 Waters Road which, frankly, doesn't aesthetically 15 make sense to me. 16 CHAIRMAN DINIZIO: What is that distance? 17 MS. DOTY: what distance? 18 CHAIRMAN DINIZIO: From Three Waters Road to 19 the front of this garage? 20 MS. DOTY: It's 68 feet. It's 35 feet from 21 the turnaround. 22 BOARD MEMBER WEISMAN: So it's 68 feet from 23 Three Waters and 25 from Lands End. 24 MS. DOTY: If you look at it as Three Waters 25 being our front yard, and Lands End being a 0 1 2 backyard or a side yard, we meet our requirements. 3 In other words, we have 25 feet from each. Perhaps 4 we can move it five feet closer to Three Waters if 5 the Board requests. I don't see this as a huge 6 looming structure that's going to affect a lot of 7 views or anything like that. It's a structure 8 that's needed to house a garage -- I mean to house 9 a car, a van. And as you know, we could put it 10 almost any place on the property if we didn't want 11 to put it in this corner which is the level part 12 of the ground. That's another reason to put it 13 there. It's flat there. 14 CHAIRMAN DINIZIO: Honestly, Deborah, I 15 really don't see the need for a variance. There's 16 plenty of places where you could put it if, I Page 34 Hayward #6054- sept 13 2007 17 think the turnaround is not really an issue. I 18 mean, I drive vans all the time. I know that they 19 have to be a little bit bigger and I know that 20 even the driver has to have something to do with 21 that. But that could be mitigated in other ways, 22 many other ways. By turning the door the other way 23 so it goes between the house and the garage and 24 pulling in that way. There's plenty of other ways 25 for you to fanagle that around so that you' re not 0 1 2 asking us for a variance which is the crux of this 3 whole -- why we're here. 4 MS. DOTY: It's ten feet. 5 CHAIRMAN DINIZIO: You felt it important 6 enough to come because you felt you needed that 7 ten feet. 8 ATTORNEY MEMBER CORCORAN: I think they need 9 a variance because of the side yard issue because 10 of the way the roads are aligned. Is there 11 anywhere on the, I don't know if it's north or 12 south here, the bottom side of that house, south 13 side of that house, they're going to be in a side 14 yard. so they need a variance no matter where 15 they put the structure on that side of the house, 16 I think. 17 MS. DOTY: And I would suggest -- 18 ATTORNEY MEMBER CORCORAN: Even if they' re 19 right up next to the house, they'd still need a 20 variance because it's still in a side yard. Page 35 •Hayward #6054- sept 13 2007 21 CHAIRMAN DINIZIO: well , if they attach it to 22 the house -- 23 ATTORNEY MEMBER CORCORAN: Well , that would 24 be different, correct. 25 CHAIRMAN DINIZIO: All right. 0 1 2 BOARD MEMBER WEISMAN: I think I've got it. 3 ATTORNEY MEMBER CORCORAN: That's probably 4 why the Building Inspector didn't give a setback 5 because there's no setback since it's not supposed 6 to be in the side yard but they don't really have 7 any choice here because they have a road on either 8 side of their house. 9 CHAIRMAN DINIZIO: Which is how I looked at 10 it. It wasn't Lands End I was looking at. I was 11 looking at the house next door. That's what I was 12 looking at. 13 BOARD MEMBER WEISMAN: That's a 25 foot side 14 yard setback. 15 ATTORNEY MEMBER CORCORAN: No, because you're 16 not supposed to have an accessory structure in the 17 side yard, so there's no setback for that 18 structure. So you guys have to decide where it 19 should be. 20 BOARD MEMBER SIMON: Another way of putting 21 it is, if the variance application is to put it 22 into the side yard, it doesn't say a variance to 23 put it in the side yard and obey the front yard 24 setback. So it's subject to the side yard setback 25 if we give permission. Page 36 Hayward #6054- Sept 13 2007 0 1 2 ATTORNEY MEMBER CORCORAN: There's a 3 difference between side yard setback meaning the 4 setback you have to have from your side lot line 5 of your principle structure and having an 6 accessory structure in a side yard. Those are two 7 separate things. when we say side yard, we' re 8 confusing them here. 9 CHAIRMAN DINIZIO: Certainly the Building 10 Inspector is the person that determines that. 11 Quite honestly. 12 ATTORNEY MEMBER CORCORAN: You need a 13 variance to put it anywhere on that side of the 14 house. 15 CHAIRMAN DINIZIO: I agree with you. 16 BOARD MEMBER WEISMAN: That's why the notice 17 was written that way. 18 CHAIRMAN DINIZIO: And certainly the setback 19 that the applicant is offering certainly really 20 hasn't got much bearing on this either. we'd be 21 talking about two or three hundred percent 22 variances if we put it that way. so I don't think 23 that that's relevant. Deborah, do you have 24 anything else? 25 MS. DOTY: No. I just request that you grant 0 1 2 the application as applied for. And once again, Page 37 Hayward #6054- sept 13 2007 3 we'll put in screening. we intend to put in 4 screening. we've done a lot of landscaping. we're 5 not going to leave it unlandscaped and unscreened. 6 And we have no intention and do not wish the Board 7 to give us permission to use Lands End Road for 8 vehicles. we don't want to do it. Thank you. 9 CHAIRMAN DINIZIO: Anybody else have anything 10 to contribute to this application? 11 Board Members? okay. Hearing none, I'll 12 entertain a motion to close this hearing. 13 BOARD MEMBER OLIVA: So moved. 14 BOARD MEMBER WEISMAN: Second. 15 CHAIRMAN DINIZIO: All those in favor. 16 (see minutes for resolution.) 17 18 19 20 21 22 23 I I �-aAS�i fed L EA .kt Na-d-e_CUL 24 Co l.L1+ Pert. ( 25 L 10I l 7 0-7 0 -.6--i seArt.co-z-O‘i Page 38 0°1 OFF04 Office Location: se#'�• O Mailing Address: Town Annex/First Floor,North Fork Bank ` y 2 53095 Main Road 54375 Main Road(at Youngs Avenue) � P.O. Box 1179 Southold,NY 11971 � ��,, Southold,NY 11971-0959 ,6 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 3, 2007 Amy Martin Fairweather-Brown Design 205 Bay Avenue Greenport, New York 11944 Re: File No. 6054 — James and Judy Hayward Dear Ms. Martin: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our September 27, 2007 Meeting. Before commencing construction activities, please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. You may want to furnish a supplemental copy of the enclosed when submitting additional documentation requested of the Building Department. I have also today furnished a copy of the enclosed decision to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision to: Building Department ,) 1 2 FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 Bay Ave Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 To: Southold Town ZBA RhCaVED From: Amy Martin JUL 1 8 2007 Date: 7/18/07 ©K�Or Vi /o7 ,A1j- zoNING eo ib of�e pp.NGLs Re: Hayward Appeal File # 6054 Attached please find the revised site plan as submitted recently to the building dept. with the clients' request for the garage to be 25' from Lands' End Road, the disapproval referring to this change and a new set of photos of the location flags for this project. We had used the wrong telephone pole as reference (as only one is on the survey). Thank you for your consideration of our request, ._aizDhor:(43, Amy Ma 'n Office Manager/Permit Agent Fairweather-Brown Design Associates, Inc. E FAIRWEATI F,R-BROWN DESIGN ASSOCIATES,INC. 205 Bay Ave Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 To: Southold Town ZBA From : Amy Ma in7v ED Date: 6/15/07 JUN 1 2007 i ,t,(061t .1/40 I Re: Hayward A l per " `O'" - OF APPEALS File # 6054 Attached please find the floor plan for the second story of the proposed garage. In the process of defining This space ian has decided the proportions of the Gambrel that faced the house needed to be widened. This does nothing to change the interior of the storage space but does inadvertanley add 8' x 10' to the roof overhang/footprint on the North end. As the issue in appeal is not lot coverage, but rather side yard location, I do not believe this changes our disapproval as issued. I have also submitted a copy of this change to the Building Department for their use/information. Thank you )7l4A,4c) Amy M tin Office Manager/Permit Agent Fairweather-Brown Design Associates, Inc. cc: Damon Rallis, Southold Town Building Dept 0 -----, ,.... 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LONG ISLAND SOUND L-11Gh WAT�RMP�K I8 mN-� �i N88°02'3-6'E 124.87' N I �. 1--- — APPARENT HIGH WATERLINE THIS DATE N - O co 1 O W E w cU I5 Z 6'W000 2/1 0 I FENCE 11-1 LL Uw a L Z c(r) 1 6� OW W r L N 35' -� o W )-- I II 0 0 W U a I i /11 CZ T /\ W Q i = z - GATE LU LI- DZO O w • SHOWER 1ZLU i \ i I LU I utu c� z 6 O W 6'W0012/1FENCE (f) 0 ° Icz in o , Vloil LS) z . cLII Z w. l� / — SINGLE STORY L '�•� \� 1 8 v SUNROOM _ ° /y ✓O •, i ISL WOOD 57EP5 —J 7z Z 0 �z O ,,\ � /- c � WOOD DECK 7 `�a J 1 w z 1 \v�0 )?3, / FENCE y z a WIRAILING ��� M I }i Z / oQ � W z / \\ Q � 2STORY Q \ 2�„Pe"te WOOD\ / RESIDENCE I Q FENCE�\ Z COVERED PORCH _ 35'-5° Z \2 STORY `' ' / �DDITION �� 6 AUS yd ,RAMP : (I;. % LI O1 GRAVEL I Z � N'W DEC\ DRIVEWAY �, • O 6\0 O u_ �� N7a 000 sz \\ f %rn \ 6'W002/11 Q rnol FENCE t 1 \ _______a5L_____) Q CONC I I BASED ON URVEY OF 0 0I DESCRIBED "'•P O I SITUATE O i UTILPOLE ORIENT, TOWN OF SOUTHOLD LINE OF ILIRooF SUFFOLK COUNTY, N.Y. H N CoIV�ERt1ANG NEW1-1 FOR: JAMES hAYWARD Q — 16' ro STORY p S JUDI HAYWAR.D toGARAGE 4N TM# 1 000-0 15-03-0 19 W ^b- N 1 O SURVEYED JAN. 10, 2005 W35' 23' 1 --. C/ N ie 1 _ 32' O BY L O 1 u) STANLEY J.ISAKSEN, JR. �• I . . —I ' - U o LAND SURVEYOR F741-7- FAlliTO z _ _ CONC. MON. AREA= 64,994 S.r. N88°57'40"W 125.001 I . OR 1 .49 ACRES JUnI 1 8 2007 LOT 17 I I 4 f�`J MAP OF ORIENT-BY-THE-SEA, :o��1s'ic 00 ,nn ®� ?„�. ,s� TION ONE h AYWAR© -� FILE NUMBER 2777,FILED NOS h2`A,I7C\:\'�• ,,57 06/15/2007 � eRO 6� 5 I T E P L A N 'g°A�l1J �� FAI RWEATh ER—BROWN _ DESIGN ASSOCIATES,INC. SCALE: I "=40'-0” -rf t,. S ,� �� i 205 BAY AVENUE '�� 763 `,*' p`� ' / TA 16 \�. t GREENPORT, N.Y. I 1944 631 -477-9752 (Fax) 631 -477-0973 ,-------' FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 14, 2006 RENEWED: October 16, 2006 • RENEWED & AMENDED: May 21, 2007 TO: Amy Martin a/c Hayward 205 Bay Avenue Greenport, NY 11944 i, g Please take notice that your application dated September 12, 2006 eiAq :R��'- ,L For permit to construction an accessory garage at JUN 2007 Location of property 1450 Three Waters Road, Orient,NY ZONING BOARD OF APe mALS County Tax Map No. 1000 - Section 15 Block 3 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 64,994 square foot lot in the MII District, is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory garage is noted as being located in the side yard. This Notice of Disapproval was amended and renewed on May 21, 2007 to remove any need for variae. elated to additions and alterations being proposed on the existing house and changes constructs i 1 of the proposed accessory garage, based on site plan dated 5/9/7, by Fairweather- rown Desi!n • sso '; es. r D. : - allis, Pe Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. LONG ISLAND SOUND �1,Wp,TERMARK—___------------- o . 0 N m .Ir N88°02136'E 124.87' APPARENT 111G11 WATER INET1115 DATE N m I O cri W : '''. E 0 ! w cv I 5 f 16'w0OO2/ $ FENCE O LI LI ll-. I o Q I 1 m 0- w 0-) I — 0 m w a r 35' L.O (.7) I ( Csd o � m I O > LI i__ I W GAT Q 0 0 w ' SHOWFIR I Z ---1 , E. CN I I g LLJ 6 o iTh 6'WOO f(1 0 ° I " FENCE \J J +� o I \2o/ § z 0/ I Z LI I SINGLE STORY 18 v SUNROOM 1 Q 1-- O�!O I 2 f WOOD ��..--JJ z DC z " - ° w_ z w\� a ,...., ,o0-6r)\-1 / / i t WOOD DECK 17 03<-2,- u�,z L !L \v��. x FENCE z Q W/RAILING P- i ' z i \\ o , 4 w \\\ � ' 2 STORY i O 2�L, h \ RESIDENCE 11 _- -1-7- ' N�e WOOD �� I.�:;Itr(a , !`,Q !l FENCE \ -- / COVERED PORCH ME. 35'-5° / I � 2 STORY h•`' \ ////////. — J IJ hB L(J►I O 7 71 71-77 ,ADDITION db ASK LI 1CD GRAVEL �A \ j N'W DESK DRIVEWAY 17".0;T.:` _;T, . ,§p 2e L,„ O S o . \V° \ 6'W0011Q 1 FENCE 1 Q � �� BASED ON SURVEY OF GONG. MON. \ O O_ . .,ems DESCRIBED-PROPERTY_ LIZ 0 • SITUATE ^/ °O I I i-- UTIL 4 i ORIENT, TOWN OE SOUTHOLD C '— I I INE OF ' POE W R� y SUFFOLK COUNTY, N.Y. __ 'y t\IG NEW 1— N I_1/2 FOR: JAMES-HAYWARD 1G ,oif STORY p * JUDI HAYWARD- GARAGE W o I j 35' o TM# 1000-0I 5-03-0I 9 W N I 35, 1 23 ' ° SURVEYED JAN, 10, 2005 BY = O I i 32 STANLEY J.ISAKSEN, JR. H 01 MON I ,, I UTIL LAND SURVEYOR z . -_ _I, _. I Poo CONC MON AREA= 64,994 S.F. N88°57'40"W I 25.00' OR I .49 ACRES LOT 17 MAP OF ORIENT-BY--THE-SEA, SECTION ONE I-IAYWARD FILE NUMBER 2777 FILED NOV-4,21--7-----b.957 a i'".�c,,";T 06/04/2007 �� s -r l3go\�,'as �� z, F /, -\\= FA RWEATh EIS-TOWN SITE LAN �3 .::c ,� * DESIGN ASSOCIATES,INC, SCALE: I "=40'-O" t�lAre-?‘"--'4i ' 4- 205BAY AVENUE 763. .. ,oe- GREENPORT, N.Y. 11944 � 63 I -477-9752 (Fax) 63 I -477-0973 , —- ....../ ( ) ,..„ i RFCEPIED JUN 6 2007 . ..‘ II; 1 __ _ I - i i wimesivaim . . 1 , 'ZONiNG EOM"? OF,APPEA.A.S 111 NI..---.----7. 4:1111 1-", ill , r4.. .1 . . ' MN lin MP NM Fr OA . . I N • a I 1 " lr • . • I g ' 11 •1 • ''..... -.___ II \ / P.. \ • 6., ..-4. I . , IN . . 1 . o_ 1 I /.\ [ ] . . . • I 6„ I .. - k 1 1 , , , 1 . . i . , , • . , , . .... . , . • . . . , eif •24.0. • ._ til . . Ifit-IL):4 -41 I . . '.77/AJ et-A-4:(-4 zi eu-e- et,i-ite;f4rx,. v- --Al \71// r ee--Q-e 2 ._ 4138 . 0 SQ . fT. 4804 . 6 SQ . fT . 4,u-z-{w1 FlEa!vFED JUN 6 2007 vce,a5-4-} ZONIMG BOARD OF APPEALS I-1 AYWA RD 06/04/2007 FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 Bay Ave Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 From : Amy Martin JUN 6 2007 Date: June 6, 2007 TLONING BO£Ar ,�• ,,;,,,tl Re: Hayward's application Attached please find a copy of the original site plan as denied by Damon of the Building dept. There are two differences from the current site plan being submitted. The original did not show the dimension from the high water mark to the house addition as required by your instructions, and the second is a 2 foot addition to the north side of the garage, but not changing the footprint as originally applied for. Copies of the new site plan with these 2 "changes" have been submitted to the building dept. Thank you, r Amy tin Permit Agent LONG 1 LHON v .)L L, , V t a WPTE&MASK --'� _36 N I m 0) ° ' 'E 124.8 7 N 02— . �� I � 11 ij o — APPARENT YIIGf1 ATER LINE TYIIS DATE Ed� N 1�, cam! O�4,', Co O \ U.1 P„, F W NI I 6'WOOD 0 7 I � FENCE 0 a I \ I CO 0- ww Q m ^a- z LI) I 1-- — ——--i M IY. LU LU r 351 'J 0 0 L t.��-; I O O Le m II OIL = z GATE Q 2 W � Z W u- 0 W SHOWER IL. � 0 0 p l / \ I 11J N I O z Noi tu 6'WOOD O I A FENCE Q LU 6 o O I � I Zui SINGLE STORY (, I o v SUNROOM Z O�/ I O w WOOD STEPS C Z ,G, 3� � O °Opi 7 , dilir E-.1.2, ,4 a_ G0 / WOOD DECK % P_cz 3 m a q Z C) X• FENCE N Z Q W/RAILING %% i n 3 z 2 STORY �j 62 \ _4 2Sh \ % RESIDENCE I Q vc PFh� I WOOD \ I% � N FENCE N / �� COVERED PORCH IA1= 35'- ' z Z LSI \2 STORY .• sT°N (n ADDITION Au: / D O 'P\' yo LI E OF GRAVEL G � j Z IIEW DISCK DRIVEWAY --+ -r p \\N Q, a' O .0 9D V �`�i \ 6'WOOD • 0o FENCE \ 1 1 35' V� Q 1 cONC. 1 , BASED ON SURVEY C 0 O Q MON. I DESCRIBED PROPERZ II SITUATE ^ O UTIL ORIENT, TOWN OF SI U ) O i LINE OF Poli SUFFOLK COUNTY, W / �OVERIANG NEW • < FOR: JAMES HAYWAf Q a STORY p JUDI HAYWARD GARAGE N TM# I000-0I 5-03- �' I N N 351 P SURVEYED JAN. 10, W O 3s 23 BY N I- O OZ= p I i N I n STANLEY J.ISAKSEN. UTIL ® 6� LAND SURVEYOR O ja:4c' I 0 9 200z • - -I• - - • — • —'— • —P T AREA= 64,9945.E N88°57'40"W 125.00' OR I .49 ACRES Code reference found YARD, FRONT—An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the Town or an approved subdivision plat, and a line drawn parallel thereto. Except, if the owner of the lot does not have the right to use or travel over a bordering street, right-of-way or street line, the side of the lot bordering that particular street, right- of-way or street line shall not be considered to be a front yard, and any 'accessory structure placed in such yard shall comply with the applicable side yard setbacks for the zoning district within which it is located. [Amended 3-28- 2000 by L.L. No. 6-2000] ACCESSORY BUILDING OR STRUCTURE —A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. There is very little written in the code on Mil other than the the attachments- 280 2:1 280 4:1 JUN 6 2007 RWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 Bay Avenue LI Greenport,N.Y. 11944 JUN 631-477-9752 (fax)631-477-0973 �/ - IP f May 31, 2007 :','I'sr,,KL,C ,a c.7"7.`,y 5' Zoning Board of Appeals Southold Town Re: Hayward, James &Judy SCTM# 1000-15-3-19 Attached, please find our application for relief from the denial of the Building department for the proposed Garage in the "side yard". As I hope you will understand by looking at the configuration of this property, it does not have a rear yard. The primary front yard on Three Waters Road is an irregular shape; the secondary front yard is along Lands End Road of the neighboring development. The third exposure is the waterfront, and the remaining exposure landward of the residence between the 2 front yards is a"side yard". On a normal waterfront parcel this would be an additional front yard and the garage would be permitted. The Haywards have a severly handicapped son and the vehicle needed to transport him and his equipment cannot fit in the underground garage. There are renovations & additons also proposed to be made to the residence, which include converting the existing underground garage into living space and a second story master suite addition while converting the existing Master bedroom into the handicapped son's space. There will be ramps, and an elevator added to the home but all of this will be accomplished within the allowable footprint. (plan changes have been made to accomplish this since a previous disapproval was issued in October 2006.) It is our belief that a variance is required due to the irregularity of the property shape and as all the required setbacks can be met, is in keeping with the character of the neighborhood. Respectfully submitted, .-----ak")(-Af Amy Marti ))/)itAtA) Permit Agent Fairweather-Brown Design Associates DELORME Street Atlas USA®2007 Ciro, `'//Hayward�2esidence Pi 2 o0 so A 5v • p p m 13 F m fl 3 Z EEEEEE !% \.„si )Oe d ® \`•rr 1/4TA 1 1. ey © `'.1. 0 2I. 1R` 63 Data use subject to license. m Scale 1 -6,400 ©2006 DeLorme.Street Atlas USA®2007 MN(14.31W) 0 40 00 120 100 100 www.delorme.com 1"=533.3 ft Data Zoom 15-0 ,6 � rv ;�\ 6t+ _ ► a i.k -`� a •TI , .1/; «[ ` a , • • is a: !! � ti '� j,.. ' • ' r at %� t1 ; o j — — rr.�.y Y ;, , / tea^ a 4 4 .•.• • ' ' C - 1,r - - _ - 4 i,, .s:, ,!'•,•,...11,0* . _ •1!T air. F La RoA+o\J/ t e',-4, y ��■ .!� Lk. Illi ti'nIIJ,;A. ,j1 ti _ ir ;;,}` / . . . �J p¢� .-04 T �I. - .. .iyw,: • ,ill '�► li* !. a4 41116111111± - -j-- -I• ^�..r. K.4 - P' 1 - /' • ' a t ;,, . :�, �f��, ?<,,7� r ! — , -• 4?,' :....410 ..1,...4,,, , s 4-. . , 1 • , s 4 ti' ' ti ‘� 1. to • • _ -'l, ` r. I` \ t 1 1 iiV. ,.. ' • ,... ^:4 i r. 0001.o ` /JN. a -'Tri "- 7n . , . t re`s +}, I o '' r,Akt/ F►Ohl-. fi. 1A.) , Y ' ti .Y C ` 1. •V • ',41 +'rk"`�is • Y ' - >1• '. tit '1'1 ft I / 77 r :".•1k,,;',,‘ n' z 1Yar 1 s_ s 1 `P44,r t - _ v, 4.;• L� 1i 44 4 t. �..r From-r- tto Cey"v'' • 14.16.4(9195)—Text 12d, PROJECT Lb. NUMBER 617.20 �Q}�� Appendix C State Environmental Quality Review JUN 6 2007 SHORT ENVIRONMENTAL ASSESSME T For UNLISTED ACTIONS Only ,PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) st)nllvin, CIb?,�dle OF AP " • 1. APPLICANT/SPONSOR2. PROJECT NAME —' Amy mpta.rfu3 /refr2tor, �r-i -*B own �_ ii-Pr PARD 3. PROJECT LOCATION: �I eh. r Municipality County .'t, of k.. 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) Cee- 3)`� 1450 —ri hers 7R ca.el. 'T_ d-eJ hie -Three 1,41rs meets Sov1>J,h thew R b alongstd� Lalnds esND Re of net 1(r0Y(44-"t de&e,Cor ne4i4- 5. IS PR SED ACTION: • New ❑Expansion 0 Modification/alteration 8. DESCRIBE PROJECT BRIEFLY: 8ut Icl a qa raI C2. e ) Ietv,dl use-r4- ,®� Ye 2v\e� -pro s, apf' 4 ') f lug A £ J 6/1241 /of 2-00 6) 7. AMOUNT OF LAND AFFECTED: Initially Oa acres Ultimately '09 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes 10 No It No,describe briefly )U ro ii-PsPeor ?ropE'T� foCLilL tan is In 6tde, a-r es Ye l`k 9. WHA7'IS PRESENT LAND USE IN VICINITY OF PROJECT? ,-,/ ®'Residential 0 Industrial 0 Commercial 0 Aprlcullure L7 Park/Forest/Open space 0 Other Describe: re���-►f�i det/b1ooennerit 0,0 letter rand n.�)of � rxecess et-rbc, aJ € 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATER LOCAL)? L1 Yes 0 No If yes,list agency(s)and permit/approvals 1> c N.J . Pre -e-4c i.n 11. DOES ANY ASP CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yas LI No if yes,Het agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑yes ❑No Ver I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE • Applicant/sponsor nam -4 rr1' • • e1/2I Date: 31 0 7 Slgnaturr� _/APT If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER TRA,.__- 1CTIONAL DISCLOSURE FORM ' APPLICABLE TO OWNER,CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of T,wn afcersi— �_ -" " , and employees. The purpose of this form is to provide information, which can alert the gI'o i',of 6 possible conflicts of interest and allow it to take whatever action is necessary to avoid same. / A mes v- \ivo fl�� �� il fr'` yGv/3R S � � y (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.) L01,1iNC 2,o, sa a ®E If NATURE OF APPLICATION: (Check all that apply.) Variance V Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Tows;officer or employee owns more than 5%of the is - 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. DESCRIPTIOI•I OF RELATIONSHIP Submitted 's 24 day of 0 L( - �e Signature. w�-�- 1 Print N . .1 cwvx. ; APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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 actionis necessary to avoid same, YOUR NAME: In/i f�T/� / " ''I /� —QS /3 2n (Last name,first name,middle initial,unless you are applying in the/name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day o LOo 7 Signature: v Print Name /-n''7 /e ° Town of Southold JUN 6 2007 LWRP CONSISTENCY ASSESSMENT FORM FONINCI eo4€3D OF APPEALS A. INSTRUCTIONS s'- 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /000 - /5- - 3 - /9 The Application has been submitted to((check appropriate response): Town Board H Planning Dept. I ' Building Dept. Ri Board of Trustees I ' 1. Category of Town of Southold agency action(check appropriate response): -- (a) Action undertaken directly by Town agency(e.g. capital I construction,planning activity,agency regulation,land transaction) H (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: /sDYEfTlOn/,S fo g ,SiixlG /4o,ne �o 19Ceam©DAre- .5'.&7742 ZV E.5'FVR,Ly 114n-Ne.sr PP&o C/-11,D 4ccesSDtey 6Agie.,9 r `-f 5® Gera em S �0 2rz?� Location of action: 4 �i��� r 0 Site acreage: 1 g a Present land use: .91-r%9 l-e1 4L L R e �e e� J cinder ay- Present zoning classification: hi 3T 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: A-mj jhctrfwi a,s Ae en f- -in Ly flaltott,Kb jet rne5 f Jvay (b) Mailing address: 2.0 s -BA-1/41 I ie- Qreepo4t (c) Telephone number: Area Code( ) 41-7- 6116-(9 (d) Application number,if any: Ai J co Will the actionbebje directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No L.1 If yes,which state orfederal 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. n Yes n No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LW-RP Section III-Policies Pages 3 through 6 for evaluation criteria E Yes '- No IA Not Applicable • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI—Policies Pages 6 through 7 for evaluation criteria FR Yes H No R(Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI—Policies Pa es 8 through 16 for evaluation criteria Yes I I No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 throu h 21 for evaluation criteria ' Yes ' No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III--Policies; Pages 22 through 32 for evaluation criteria. Yes FT- No R(Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. r Yes — No riNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies;Pages 34 through 38 for evaluation criteria. Yes ❑ No L"Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye0 No T(Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-- �+�11endent uses and promote siting of new water-dependent uses in ' - suitableolocations. Se LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. F I � Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. st � ' Yes El No u Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. E Yes ❑ No D17Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. I Yes ❑ No Not Applicable RFCENEE,' JUN 6 2007 AUTHORIZATION .5- ` (where applicant is not the owner) ZONING BOARD OE APPEAL' We, James &JudyHayward residing at One Emmet Drive Stony Brook,NY 11790 do hereby authorize Amy K. Martin, or other of Fairweather-Brown Design Associates Inc. to act as our agent to apply for all permits necessary for the proposed work to be performed at- 1450 Three Wa ers Lane Orient NY -44( (Owner's :ignat i = -co/ d . _ erssi:' .tur ) Sworn to me this Day oft �,tW, ) ,2006 Af No : she JOYCE A. STEVENS NOTARY PUBLIC,STATE OF NEW YORK NO.4875122 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES NOVEMBER 3,20.11 �4 SOUTy0 ��, I ELIZABETH A.NEVILLE ` O Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ; Southold, New York 11971 MARRIAGE OFFICER .A --\C � Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER O ��\,,a" Telephone (631) 765-1800 I�COUN�N - FREEDOM OF INFORMATION OFFICER + : southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 7, 2007 RE: Zoning Appeal No. 6054 Transmitted herewith is Zoning Appeals No. 6054 of James & Judy Hayward-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is an Authorization Letter for Amy K. Martin of Fairweather-Brown Design Associates Inc. to file on the owners behalf, letter to the Z.B.A. from Amy Martin describing the reason for the variance,Notice of Disapproval, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form(owner), Transactional Disclosure Form(agent), Accessory Building Code Reference, Proposed-Garage Drawing, Square Footage Diagram of the proposed additions and renovations, Street Atlas page showing the Hayward Residence, Survey, (4) color photographs of the proposed garage site and a Site Plan. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6 / 6 /07 ZBA# NAME CHECK# AMOUNT TC DA :,_. P 6054 Hayward, James & Judy 8284 $400.00 JUN ® 7 2007 SOUtholci Town Clerk TOTAL $400.00 By Thank you. Town Of Southold PO Box 1179 , Southold, NY 11971 * * * RECEIPT * * * Date: 06/07/07Receipt#: 8284 Transaction(s): Reference Subtotal 1 1 Application Fees 6054 $400 00 Check#. 8284 Total Paid: $400 00 Name: Hayward, James &Judy One Emmet Drive Stony Brook, NY 11790 Clerk ID: MICHELLE Internal ID 6054 Ufa, e. FORM NO. 3 Add atb2b4204' _NQTICE OF DISAPPROVAL - DATE: September 14, 2006 RENEWED: October 16, 2006 RENEWED &AMENDED: May 21, 2007 TO: Amy Martin a/c Hayward 205 Bay Avenue Greenport,NY 11944 Please take notice that your application dated September 12, 2006 SAY X007 For permit to construction an accessory garage at A,P.RLS Location of property 1450 Three Waters Road, Orient,NY County Tax Map No. 1000 - Section 15 Block 3 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 64,994 square foot lot in the MII District, is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory garage is noted as being located in the side yard. 3 This Notice of Disapproval was amended and renewed on May 21, 2007 to remove any need for variances related to additions and alterations being proposed on the existing house and changes to construction of the proposed accessory garage,based on site plan dated 5/9/7, by Fairweather- B , 1 h esi'n ° s 'r.j A Damn'lis, P; i Examiner CC: file, Z.B.A. Note to Applicant: Any change or deviation to the a'ove referenced application may require additional review from the Southold Town Building Department. Aktr, 913 -' -7 t%d FORMNO. 3 NOTICE OF DISAPPROVAL DATE: September 14, 2006 RENEWED: October 16, 2006 RENEWED &AMENDED: May 21, 2007 AMENDED: June 20, 2007 UPDATED: July 17, 2007 TO: Amy Martin alc Hayward 205 Bay Avenue Greenport,NY 11944 Please take notice that your application dated September 12, 2006 For permit to construction an accessory garage at Location of property 1450 Three Waters Road, Orient,NY County Tax Map No. 1000 - Section 15 Block 3 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 64,994 square foot lot in the MII District, is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory garage is noted as being located in the side yard. This Notice of Disapproval was amended and renewed on May 21, 2007 to remove any need for variances related to additions and alterations being proposed on the existing house and changes to construction of the proposed accessory garage, based on site plan dated 5/9/7,by Fairweather- Brown Design Associates, and on June 20, 2007,to address new plans submitted to this office, dated June 15,2007 from Fairweather-Brown Associates.\ *** ' - •se no : . at the most recent site Ilan dated 7/5/7 has been received and not chan g es to le existing Noti °..'._!:...<, royal are re i uired. D.mon 'arm. xaminer CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. !Lott) Cai44 ittef f _ September 7, 2007 To the Attention of: Amy Martin/Permit Agent FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. and ZONING BOARD OF APPEALS James Dinizio,JR., Chairman By Linda Kowalski Ref: Legal Notice/James and Judy Hayward#6054 Property SC tax map#_1000-15-3-19 Request for a Variance under Section 280-15 We will not be able to attend the scheduled Public Hearing but,wanted the Board of Appeals to hear our views. In response to your Legal Notice for the above mentioned"Hayward"Property we agree 100%with the site plan for the proposed accessory garage located in a yard other than the code-required rear yard. We can see how the layout will benefit their needs to accommodate their severely handicapped son,his wheelchair and his equipment needed to aid their son. We can also see how appealing the landscape will be in their efforts,with their neighbors in mind. The Hayward's have been so considerate to include their neighbors opinions,being a long time resident of this neighborhood, you don't get that too often. If you have any question please do not hesitate to contact us. 631-423-5810. Respectfully, The Agell Family Doris, Tom,Kim and Jennifer 1285 Three Waters Lane. Orient,N.Y. 11957 f i_a--) Page 1 of 1 (1/7/0 7?")2.--14."`":4') ‘ Kowalski, Linda From: TAge116030@aol corn Sent: Friday, September 07, 2007 9.44 AM To: Amykm@optonline.net Cc: Kowalski, Linda Subject: Legal Notice/James and Judy Hayward#6054 To the attention of: Amy Martin/Permit Agent FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC and ZONING BOARD OF APPEALS James Dinizio, JR., Chairman By Linda Kowalski Ref:,Legal Notice/James and Judy Hayward#6054 Property SC tax map# 1000-15-3-19 Request for a Variance under Section 280-15 We will not be able to:attend the scheduled Public Hearing but, wanted the Board of Appeals to hear our views. In response to your Legal Notice for the above mentioned "Hayward" Property we agree 100%with the site plan for the proposed accessory garage located in a yard other than the code-required rear yard. We can see how the layout will benefit their needs to accommodate their severely handicapped son, his wheelchair and his equipment needed to aid his son. We can also see how;appealing the landscape will be in their efforts, with their neighbors in mind. The Hayward's have been so considerate to include their neighbors opinions, being a long time resident of this neighborhood, you don't get that too often. If you have any question please do not hesitate to contact us. 631-423-5810. Respectfully, The Agell Family Doris, Tom, Kim and Jennifer 1285 Three Water Lane Orient, NY 11957 Get a sneak peek of the all-new AOL.com. 9/7/2007 OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54376 Main Road at Youngs Avenue • Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 htt ://southoldtown.northfork.net Email: Linda,Kowaiski • Tow .So th• • • s e. T a In • Town.Southold n,y.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX yl") -- O9 71 • MEMO TO: (2'.14V- 411/4-'L4V1-4: DATE: 9/ / - / p o7 RE: P - I/310 7 6sv ix-rxtx-k ; , f2557 59:55 63'17659064 ZBA PAGE 06 ZONING BOARD OF APPEALS TOWN OIC SOUTHOLD:NEW YORK " w_... X In the Matter of the Application of ' - AFFIDAVIT C� C:2(° SIGN runt of Applicants) POSTING} Regarding Posting of Sign upon Applicant's Land Identified as 1000- /5 - 3 - / � __----- -----X COUNTY Or SUFFOLK) STATE OF NEW YORK) l"_ ___reridiftgal �o __T_r_epeofiv... , New York being — `—�-- �Ute' duly sworn,depose and say that: On the day of , 7o'), 1'personally placed the Town's official Poster, with file date of hearing and tore of my application noted thereon, securely upon on n property, located ten(10)feet or closer from the street or right-of-vsiay(driveway entrance) . facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has refrained in place for s ven days prior to Oh i date of . the subject hearing date,which hearing date was shown to be •//3 0 ' - - -- IF ,a-) -d,r4,&_>. , .. / lu.--. •f � allure) Swot i to bcfo e me this 3 day of j./e'; / ' ,2001 A"I ao as /�, ` JOYCE A.STEVENS it'fir.ot$ry p blip NOTARY PUBN0.LIC,48751STATE22 OF NEW YORK QUALIFIED IN SUFFOLK COUNTY —"----•-- _ _ _,,,��,.,•.� COMMISSION EXPIRES NOVEMBER 3,Nut as *near the entrance or driveway - :f.__..__ — :�, _•—-�.�_____ _ _ entrance of my property, as the area most visible to passersby �_�,� - - , APPEALS BOARD MEMBERS i•'°�, MailingAddress: James Dinizio,Jr., Chairman ��,/'D��OF SO(/j�,o Southold Town Hall h ' 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer 4 4 t Southold,NY 11971-0959 Ruth D. Oliva cr, y� G ,� Office Location: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman "1/4I�C�U � .i��• 54375 Main Road(at Youngs Avenue) s"'�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 August 13, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6054 (Hayward) Action Requested: Yard Location Variance Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures OFFICE OF ZONING BOARD OFAPPEALS Office Location: North Fork Bank Building—First Floor, 64375 Maln Road at Youngs Mailing Address: 53095 Main Road, P.O. Box 1179 Avenue Southold, NY 119710959 htt ://southoldtown.northfork.net Email: Linda.Kowalski( Town.So (hold n • • e. a in • Town.Southoldjjy us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX QP2 7 o973 • MEMO TO: DATE: G 7 7/ d RE: O - 9 I/310 7 l E��C� NôTKE OFHEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : HAYWARD , J . & J . #6054 MAP #: 15-3- 19 APPEAL : Yard Location Variance rEQUEST: Accessory Garage DATE : THURSDAY, SEPT. 13 , 9 : 35 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 . .7.ONING BOARD-TOWN OF SOUTHOLD 765- 1809 U.S. Postal'Servic- CERTIFIED MAIL REC P - -(Domestic Mail Only;No Insurance Covera•e Provide._ mill , ,�„ ORIENTdNY '1 957 "`•' -u --- L,) :2- Ln Postage 'N P O•'!4 0944 Ln ti -a Certified'' 944-9 F;..�-.- 1 '.', 05 Postmark Return Recea t Fee 7 Here rn (Endorsement Re.aired) .,:flit A O .• t' O Restricted Delive t Fee (Endorsement Req red) $0.00 O cj Total Postage&Feer. $ /� •it / 08/17/2007 ruu Sent To Orient By The Sea Property Assoc. - • Street,Apt No-Fr. 0.Box 338 .-4 or PO Box No.(� o City,State,Z/P�%rlent;N 11957 PS'Form 380Q Janua '200 ' '' e forms. • - CERTIFIED MAIL RECEIP Domestic Mail Onl No Insurance Covera o e Provided s F�iJr-",, 6= i_ 1111"/"'" j 43 r » i;-f' STONY BROOK`NY11790 JFt ii �.. L Ln Ln Postage :1.41 0944 Ln J \IPORT ,-p Certifies 4_9 N 1905 Postmark Return Re •Ipt FA 8 Here m (Endorsement'equired)) U.15 ;r' 1 F Restncted Del ery Fe�11U!+ 1 V 7 20{ (Endorsement•-quired) $0.00 i.71 in i'''',7' ,11 Total Postage&•-es $ $5. 4 08/17/2007 LI-1 Sent To David : Thane Payntar fli Street,Apt*Davis bane or PO Box Noc�,,, City,State,Zyp,tony-Brook;-N -1-1790 PS Form 3800,Janu- 2001 SeeiReverse f. stb 'tee: . Po t. '14111L MAI R ,IP •..- - u-1 i nl •No Insurance Covera•e Provide. rs- ru ORIENT NY 11957 -.; -- ISJ Post.. '�ENPp 4114111, Ln 6'` 0944 Ln Certify d Fee tU �".+ 05 Postmark Return Rec:Ipt Fe=t - Here m (Endorsement R.quired) r• : • O Restricted Delive\ FeeAog,; O (Endorsement Req,red) . I lit O `-----1 0 Total Postage&Foes Ci�1• 08/17/2007 ri in Sent Toru Marie E. Meklenburg Street,Apt.No.,1290 Three Waters Lane .-1 or PO Box No. En City,State,ZIP+Qr e11t,NY-1-T957 r— PS Form 3800,Janua k. - - --Re'arse for ns. tliM U.S.. Postal•Servi'ce , ., , CERTIFIED MAIL RECEF .A(Domestic Mail Only;No Insurance Covera.a Provided` � ORIENT NY 11957 s u b ,-_ L 'i ` '�y Ln Ln Postage ,.11 0944 Certified'ee ,1944-g� �i ru $t.2,.� _ 05 Postmark Return Recel.t Fee Here -, m (Endorsement Re. red) AUG 1 • ��t ,__ . 0 Restricted Delive Fee � Toi;.•r O (Endorsement Req ed) II I O Total Postage&Fees PAW 11 03/17/2007 Ln Sent To rt1 Daniel &Ivanka Puhalovic Street Apt No1685 Lands End Road or PO Box No. rd TTfr 0 City,State,ZIParient,1V 1 "1-1757 PS Form 3800,January-2001 'IT'f. 7�Se Reverse for lnstruo i.F U.S. Postal Servic- • .CERTIFIED' MAIL RECEIP (Domestic Mail Only;No'insurance Coverage`Provided 0 ti R .1'-% E HEAD i Y 1P1�1•� I E L L$ c---' Ln LoPostage $ $0.41 0944 Ln Certified Fee cN P O r Q,� 4 . • 05 Postmark Return Receipt'es" 19 4 9g�p.J �:_•__ _ Here • m (Endorsement Req, red) \ $2.15 Q Restricted Delve ,Fee (Endorsement Req Ired) AUG 1 71� ;---) Q l _ 0 Total Postage&F,-s $ $5.21 C0877F/)2007" rl LSI Sent To ru Suffolk Co PS Street,Apt N No or PO Box , 0 Center Drive o City,State,iVerhead,NY 1190I r PS Form 3800.Jantra 2001 ' See Reverse for Inst c ion- N ',=1, •lt:l 4 I I1 I 1 1 1 �I II Do esti •• ly;No Aga ,,l i is, ORIENTrs. ..... . . , . 'NY 11957 , . Postage '• ` a 0944 L-17 � „` •/,. -p Certified Fe- �•4}''!c ' 05 Postmarkn..1 Return Receipt 1 8 Here • m (Endorsement Req $ J t= Restricted Delive t i l 1 • _ (Endorsement Req $0.00 _i O O Total Postage&Fe imps08/1.i/200/' I-4 -1.1lC ." rsu Sent To Doris M. • ge Street,Apt goHuriting Hill Road r-1 or PO Box No o City,State,Woodbury;NY 11957 0 . r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT um-re-b. �iLm e-5J� OF / (Name of Applicants) MAILINGS CTM Parcel #1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) lr- $in-g at o1 o L , New York, being duly sworn, depose and r say that: On the / day of w d- ,�0 7, I personally mailed at the United States Post Office in �,New York, by CERTIFIED MAIL RE EIPT REQUES FED, al e copy of the attached Legal Notice in prepaid envelopes addressed to current own s shown on the current assessment roll verified oth official records on file with the (Assessors, m ffi or( )_ . . ; •. p . .- .. a property which abuts and is across a public or priv�.�e street, or vehicular right-of-way of record, surrounding the applicant's property. i--2i ' / /gnature) Sworn to befoj me this J 2 4day of , 200 l or JOYCE A. STEVENS _.....r44_,/- L - NOTARY PUBLIC,STATE OF NEW YORK NO.4875122 /NA tary Public) COMMISSION EXPN RES NOVEMSUFFOLK BER 3,2040 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner-Haines-anal-addresses-for-whitimite-s-were-rnit`l-a-Thank you. -------------------- 7. \ ,_ G n 1 2007 i FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 Bay Avenue Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 Date: 8/17/07 Adjoining lots to: Hayward SCTM# 15-3-19 15-3-18 Orient by the Sea Property Assoc PO Box 338 Orient NY 11957 15-3-20 Payntar, David & Diane 4 Davis Lane Stoneybrook, NY 11790 15-3-45 Agell, Doris M 5 Hunting Hill Rd Woodbury, NY 11957 15-6-18 Meklenburg, Marie E. 1290 Three Waters Lane Orient, NY 11957 15-9-1.1 Suffolk County 330 Center Drive Riverhead, NY 11901 15-9-1.21 Puhalovic, Daniel & Ivanka 1685 Lands End Rd Orient, NY 11957 ,,.-•- , ------- _ , , , ,,. 646mtri•-4-1.4L- _ '- d-/ 9 ISLANDai 0 S004,D c i j" 0 % A"°1' 1 ,.... e/\ : '.2, .5 1 OA , / 0 •, 19 11,1° 1.• 1.6 •:. • ,„ . 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''''- , 0 Zr " 72 losi,4t, ch 0 ,-•\\ \,....\ • • 4. v\ :::ii..' 14 12.63;•5‘6 ',13' I. \,,-• • , 311.34cl ..7, \..... . , 31.4 1. -1?:, ''' v• , 1. 14' A LIAR ul- ay? \\C c&C) 2.111c1 cA ' j/61c1 „,„ s .. /*A s.'41fs ‘• ‘,1.'" ; 2.9Alc/ t• .. / ! I / 34 .941c I. A 4 / .„.. ', . i .- / (-1---r'-, -- - , ' \ ... , 311 Mafiricl lms --r,-- UlaLESS 00 0.10 0 NEHRU, ALL PRUPER TIE: ARE NIT lidi f HE FULEUttiraG CASING T'L I OIL. Atepo., COUNTY OF SUFFOLK 0 K 11J 1019 OF • 0 District I. --II-- SCnOUL t ',E LER_ter., MAFILEIMIICE,AL I EPA IVA,',ALE'al 4'7.---: Real Property Tax Service Agency rAolAsiort or. -411 --- FIRE 2S LIORAn I .., 'ILA '.. VILLAGE C1 DISTRIBUTION Of Mil PO1411014 OF lliC RI(.. ju 4t, _ @ATER_ County Center Riverhead,N Y 11901 4.24 WIritl lire--A-- 14:: SLIMLY COUNT( TA, uttl,IS 11,0,1611CD '.:4,,..31014 47r M LILO!. LS REFUSE _ alat,.,,,"at, :ELLE Ili I EL I ooder DOW Ur. -II.-- AlibUL LICE SASIERALER 0114041 0101E4 PERoi6c..1011 Of THE 'Tip,et• 20,0 0 204.21;0 A L10 OSTRW.1 AO 1.40soulio CO REACPROPE1,1 I TAX SERYILE AGM 1 P on - _ ____ _ END R COMPLETE THIS SECTION. COMPLETE/!-IIS s,ECTION r VELIVER fit ® Complete items 1,2,and 3.Also complete A. Sig :fir:Milliplga item 4 if Restricted Delivery is desired. w Agent NI Print your name and address on the reverse �,,�- �li�y� •...�._-_ so that we can return the card to you. /FM;by ,nted Name) yE :of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. _II_ - 1. Article Addressed to: D. Is delivery-',.d differe t a:' it ❑Yes If YES,ente`de` ery address be•w• 0 No • 1 Orient By The Sea Property Assoc. ��N�o�� P. O. 8ox 338 Orient,NY 11957 3. Service Type 'certified Mail Eli Express Mall -, RegIstered �etum Receipt for Merchandise` ❑Insured Mail 'L.I C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7001 2510 0003 2655 5288 (Transffrom service lebrO _ � 1' DrS 11 PS Form 3811,FebruarA Wr Ribti11111.1 11111 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Fairweather-Brown Design Assoc. 205 Bay Avenue Greenport,NY 11944 ID ::CO►P ECT/ON:. ' OOMPCET • .S SECTIO s i DELI : - ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X . polit,.. ❑Agent IIIPrint your name and address on the reverse 0 Addressee - so that we can return the card to you. B. Received by Printe �e) C. I Derry III Attach this card to the back of the mailpiece, S�('{{II /o or on the front if space permits. ( (J D. Is delivery add different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No David&Diane Payntar 4 Davis Lane Stony Brook,NY 11790 3. Service Type g❑Certified Mail 0 Express Mall - -- Registered �]Return Receipt for Merchandise 0 Insured Mail /❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transferfrom service lelielJj a,_ 711°.1 X 12 5191 0 0 0 314 2 6 5 5115 2 6 4 1 11 f r J IPS,Form 3811,February 2004 , t Domestic Return Receipt 102595-02-M-1540 it i i ti ii i+ { if 16 1! I I i UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Fairweather-Brown Design Assoc. 205 Bay Avenue Greenport,NY 11944 iliniii!Iii!ifiniulii:i,ii=i:lilid:ii=:t=i:imi=il ENDER COMPLETE THIS SECTION. s Co P Q l ! e 5 R� " , l ® Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X+�2J / El Agent III Print your name and address on the reverse u e ( ❑Addressee so that we can return the card to you. B. Received by(P to ame) C. Date of Delivery MI Attach this card to the back of the mailpiece, `/� �S or on the front if space permits. `/ D. Is delivery address'- •i -tit r-.•• ••>• 0 Yes 1. Article Addressed to: If YES,enter delive a. -ss below: I No — N Zoo? 0 z snn Doris M. Agell °' 5 Hunting Hill Road r- !.< 0 Woodbury,NY 11957 - ' 3. S Nice Type 117A13 ' Certified Mail 0 Express Mail • (❑Registered Wietum Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001,- 2510: ,00,03 . 2655 5271 (Transfer from service label) ; '- ' PS Form 3811;February 2004 i i Domestid Return Receipt 102595-02-M:1540 UNITED STATES POSTAL SERVICE 0 V I First-Class Mail Postage&Fees Paid USPS Permit No.G-1O • Sender: Please print your name, address, and ZIP+4 in this box • Fairweather-Brown Design Assoc. 205 Bay Avenue Greenport,NY 11944 a rCOMPLETE THIS SECTION'. ! UNITED STATES POSTAL SERVICE 1 11 11First-Class Mail Postage&Fees Paid 7\0\-- �=USPS �l�,� hermit No.G-10 • Sender: Please print your name, address, and IP+4 i�" this box • K, I,AVL c^ USPS j Fairweather-Brown Design Assoc. 205 Bay Avenue Greenport,NY 11944 1IIIII ilIi1,„1„LI„l,,,IIIII l,l„i,1,,,IIIIIIIIIIIllIII i R COMPLE,TETHIS SEC11ON•. 4COMPLETE•TI-IIS SECTION"ON DELIVERY i;, ., ® Complete items 1,2,and 3.Also complete A. Sig ature / . item 4 if Restricted Delivery is desired. X _ •-e_,, a ❑Agent MI Print your name and address on the reverse f itrAdrgsee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �., Q ]O . 02or on the front if space permits. e®eu` O� D. Is dryladd`ress• _`„ del rom dem 1? ❑Yes 1. Article Addressed to: If Y nter delivery-P•,"I.-s,below: 0 No s4 7 r "Suffolk County =- . 330 Center Drive _ , Q0 Riverhead,NY 11901 3. S rvice Type ---"-- , Certified Mall ❑Express Mail Ltfl Registered Retum Receipt for Merchandise 0 Insured Mall C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Number - 7001 .2510 7001 :2510 0003 , 2655 5240 i (Transfer fromservice!abe° t,z ....•__ _�—_---,-------'- 1 PS Form 3811,Febrdary•2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS - Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Fairweather-Brown Design Assoc. ' 205 Bay Avenue Greenport,NY 11944 III ii!IIi,„III,li i'1i1ii.i,.1il1i.siii„iii,lm„„iii„iiili l _ `! _,i � FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. 205 Bay Avenue Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 Date: 8/17/07 Adjoining lots to: Hayward SCTM# 15-3-19 15-3-18 Orient by the Sea Property Assoc PO Box 338 Orient NY 11957 15-3-20 Payntar, David & Diane 4 Davis Lane Stoneybrook, NY 11790 15-3-45 Agell, Doris M 5 Hunting Hill Rd Woodbury, NY 11957 15-6-18 Meklenburg, Marie E. 1290 Three Waters Lane Orient, NY 11957 15-9-1.1 Suffolk County 330 Center Drive Riverhead, NY 11901 15-9-1.21 Puhalovic, Daniel & Ivanka 1685 Lands End Rd • Orient, NY 11957 1.- ,/� (L'/ �� OFFICE OF ZONING BOARD OF APPEALS /441)3TOWN OF SOUTHOLD PM Mailing Address: 53095 Main Road, P.O. Box 1179 /9 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax(631) 765-9064 REPLY FORM DATE: June 19, 2007 TO: Fairweather-Brown Attn: Amy Martin Fax 477-0973 ZB Ref#6054—New Submission for Variances: 1450Three Waters Road, Orient(Hayward) Date of Building Inspector's Notices of Disapproval: 9/14/06; 10/16/06; 5/21/07 ( X ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (( X ) Since the last set of forms noted by the Building Inspector was a site plan dated 5/9/07, please submit the current diagrams with dormer calculations directly to the Building Inspector for a review determination. (If an additional Notice of Disapproval is determined by the Building Inspector, please furnish a cover letter to this department, together with seven (7) copies each of the additional/amended appeal application confirming that the reasons and project description sheet outlining new relief that is being added or revised in your request for variance(s). Thank you. (X ) Missing information—please see below. OTHER/INFORMATION REQUESTED,when possible in 7 sets with cover/transmittal sheet: \ \ ( ) Filing fee$ ; Check amount was: $ . Please contact our office (or send new check). k\"o ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( x ) please see instruction sheet for new applications (attached) (x ) please furnish diagram with dormer percentages noted, together with elevation on all sides from grade and whether garage is 11/2 story or 2-story. Thank you. LW-tate �L p a q.eS 1�a e�a�-C�r ret--p9 j 16 ,ZUCTIONS FOR VARIANCE APPLICA', _S_ S1:,u i HOLD TOWN ZONING BOARD OF APPIALS Phone: (631) 765-1809 Ext. 5012 Fax: (631) 765-9064 Please submit the following in seven collated sets, with ORIGINAL signature set on top: CURRENT NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days, together with the same map filed with the Building Inspector, copies of permit application and correspondence on file with the Building Department. APPLICATION: Typed or neatly written, signed by the property owner and notarized. If you have a representative signed for you, please furnish a signed consent form from the owner with owners' address and telephone number, stating who is authorized to sign the forms, and representative's name, address, telephone and fax numbers. Please be sure to show the agent's name, below the owner's name and address, on Application forms, and attach copies of covenants and restrictions of record for this property(if any). NEW SURVEY, OR AVAILABLE SURVEY OF RECORD WITH ARCHITECT'S PLOT/SITE PLAN: Surveyor must show proposed and existing setbacks, patios/driveways, wetland buffers, high bank or bluff, square footage and dimensions of lot, dimensions of new construction, fences,tanks, overhangs, chimneys, cesspool locations, etc. (If your project involves total lot coverage exceeding 20% of the building area of the lot, a licensed surveyor must calculate square footage breakdown of all building areas in a letter or on the updated survey.) Please give distance between new proposed construction to property lines, nearest wetland or bulkhead, top of the bank or bluff, and overhangs exceeding 18". No hand drawn maps or survey maps will be accepted when altered without permission. BUILDING DIAGRAMS: Diagram or=ztritetat of roof design, elevationsrom grade, foundation areas above/below grade, existing and proposed mean-heights, and existing and proposed maximum heights to top of the ridge from natural grade. PHOTOS: Seven (7) sets of photos (after staking outside corners of new construction, if • ° - • • 'lease label each with description of change, owner's name and date taken. PROJECT DESCRIPTION • • TIONNAIRE FORM -74rrytS £�6d 1 COPIES OF COVENANTS AND RESTRICTIONS OWN PROPERTY CARD (ma 4 be available from Assessors Office) LWRP FORM eight copies total for waterfront or properties containing wetlands, with an 8th set of the entire submission. Please complete all questions and add reasons; also please attach explanation of ground disturbance, landscaping and activities within 75 feet of top of bluff and shorelines. ENVIRONMENTAL ASSESSMENT FORM: Necessary ONLY if your project is other than a setback or lot size, or other dimensional variance. CHECK payable to "SOUTHOLD TOWN CLERK." (Please call ahead or refer to Ch. 280 fee schedule.) After the Board has reviewed the application and calendared your application for a public hearing, the Department will contact you as to availability at the meeting. Our Department will provide a letter with the Town's Legal Notice, a yellow sign for your posting, an area map showing the surrounding lots that will require certified mail notice from you, and affidavit forms for your use during the notification steps. Please note: (A) Any changes, after submitting the above, must be placed in writing to the Board of Appeals clarifying the changes with the seven maps, as revised. Changes may also require an amended Notice of Disapproval to address these after you submit amended map to the Building Department Plan Reviewer 765-1802; (B) Service of a copy of your appeal application upon the Building Department is necessary under New York Town Law. Please include a letter or other document indicating when notification of your appeal application was given to the Building Departmen -- Thank you. zba 10/04; 1/07;5/07 �•Y l 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? ❑No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? 2)Are these 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: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (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 Department and describe: G. Do you or any co-owner also own other land close to this parcel? If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel and proposed use (examples existing: single-family; proposed• same with garage or pool,or other description) Authorized Signature and Date 2/05; 1/07 err. APPLICANT'S PROJECT DESCRIPTION iF F (For ZBA Reference) Applicant: Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Ofitilititror New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: 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: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %,heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven(7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 u _ '�' .Tow.n-of,S iuihold ZBA _...__.._«__ «.. ,~. , 1 O'App. Name` O Tax Map O Tile No. j '; D II SE ;- - I Board Member Leslie Kanes Weisman it`^ .Search•- IID Unliste 3 i ' 115 ... _� =__ _ ; `❑Other- ' - Hearing Time:'"Y I1.55PM I ;.1 I File Number: 6054 -, Tax Map: 15.-3-19 „ .___ r. _ . . ''Y . . If!App.-Name:-[Hayward,James and Judy ', j j 676/200711 Tot. Fees:. $400.00 ' _ -Received Date: � -� tal Zoneto le y Hamlet Orient 'Type: Residential6/6/2 ential MII Date forwarded Town C rk' 007�� r� 1 i Status: JIncompiete 6/19 I Action:il , Meeting Dates ,., ,-.- _ -._ -Building Dept. ° - Location'11450 Three Waters Road ', ° Meeting Date '` mm ;I ND Date 1 21 2007Iz. Short « • Hearing Date 1 £ ND Date 2F1767: 2-601. ' Acct'. Garage- 280-15; proposed acct'. garage ' 3 Desc:: located in side yard. Hearing Date 2 ND Date 3 /14/2006 l Hearing Date 3 I I ND'Date 4 I=._ Hearing Date 4 ' ND Date-5 i LWRP exempt; Co PI. needed; missing several items ' - . i Notes - and drawings not submitted for Bldg Dept review ' Hearing Date 5 r—li ND Date 6 , `,. 'before filing with ZBA. i I;iS Action-Date:- , ND Date 7 I 'i ,,,,,,,,,,-.7.7;..., - i 1 _.c."..a.^«.«�a.........�c.w .<.....--...'.m�ttc�:«'....�v.�..._zrr.R�.a:r':a...^...,,^xe�n a wr...�-^x`x. .......«...._«x._.«.e........._.............«_2.. .._.,—....::u.:.t«_...«c_t........,.—...e...«..«.�...-..:L_���...a�.Y.....«................«.._..�.:...:,_..«.,,,.«...,,..«� .,, 16/i9/3907 j1-2:2i OM]I CAPS I(NUM II Developed'by the Southold Town Data Processing DepartmentJ1-'1 _._...._�—....... ...,, r,...y....�_...._........_.._._.......,...._.,.1__r.__.a__ ...—..._..ami£�—,.«_.._�._._......,...u...._..�_ _ .. ..�._._.E._..—._...,._a.......�..........., a_.�»_.�»J --:ct li'ti-4 - ofTSOUthold''ZBA—. i P APp. Name 0 N Tax Map 0 File O. 1 v U !<. ' !' Board Member Leslie Kanes Weisman i ! ,53Spartii4 1il DQther ' — 1,Hearing Time' —.441155 PM igile;Number:I6E4 ik,7, Tax Map [11:5717-7-r. 1.i - , , l' ' " „ , ,, ! 4p. Naine: rHayward,James and Judy ;[ l'.Received Date:7771Tot. Fees. 1707)77 1 Hamlet Orient 'Type IResidential IrYione Fi7"--"ir l 'Date forwarded to Town 1 Cleric?' , i Status -1Q-----74Action: Meeting Dates ' BuildingDept. 1 „___ ,,„„___,J.r ! : !Location 11450 Three Road .„,...Waters Meeting Date 1-----7 ND Date"117217065 ) , —i ,i , Hearihg Date 1 71, ND Date 21/16/20063 > Construct accy. Garage -280-15; proposed accy. i :Desq.4 garage located in side yard. r' Hearing Date 2 E-1 N9 Date 3r/147666il ll'cppy rii-,,:l li Ei Date V 4r---- f . ik Hearing Date 3 ND ' ', Hearing Date 4 17-1; ND Date 51, 4 1, : :. e l'Notes” ' 1. i Hearing Date S ND,Date-up .i 1 i, Action Date: 71,.pp,p 7E71 1 '1q6/200T 13:2i PJC1 ;IPr5S !I NUM 1 ',' t' 1: ' - - ' Developed by the Southold Town path Procestingipepirtnlentl 'ji