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Home My WebLink About6088 APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ,~ ~ I ~ I~. I'1 Tel. (631) 765-1809 · Fax (631) 765-9064 ,~E~ 1 2 2007 ' NSouthold ?own ¢leri MEETING DATE: DECEMBER 6, 2007 ZB File # 6088 - NORTH FORK GREEK COMMUNITY ASSOCIATION Property Location: 1950 Breakwater Road, Mattituck CTM 106-9-6.1 SEQtlA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 2.9430 acre conforming parcel in the R-80 District with 347.92 ft. along Luther's Road (Breakwater Road) is improved with an existing two-stow church building as shown on survey prepared by John Metzger, Peconic Surveyors dated April 2, 1999, revised May 15, 2006. BASIS OF APPLICATION: Request for a Variance under Section 280-13, based on the Building Inspector's August 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing church building which will be less than 60 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 15, 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 requests a variance as shown on Plot Plan dated 9/10/07. Zoning Code Section 280-13, which requires a setback of 60 feet to the front property line, and the applicant is proposing 38.83 feet from the front lot line. Page 2 - December 6, 2007 ZB File No. 6088 - North Fork CTM No. 106-9-6.1 Greek~ommunity Association REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The church currently has a partially covered open porch, with steps leading to a walkway. The +/- 62 ft. setback from the westerly (front) property line appears to conform to the Code required 60 ft. minimum setback. The proposed setback from the front property line is requested at 54'7" to the portico. A terrace is proposed in front of the portico at 38.83 feet at its closest point to the front lot line. The record shows the removal of an 8'x16' portico and the construction of new portico in its Place at 54 ft. 7 inches, supported by a raised terrace of 23.4' deep x 44' wide. The applicant is requesting a variance to construct a stone/portico with terrace addition to the front of the Church. The proposed addition and alteration to the front of the Church will not impact the immediate neighborhood. A substantial farm exists to the north of the Church. To the rear and south of the church is a newly constructed subdivision of residential homes on conforming lots. Across the street are two homes on oversized residential lots. The ability of the Church to hold religious functions on the proposed raised terrace, with attached portico, will not only enhance the look of the Church building, but will also allow the Church's outdoor functions to be much safer for all by using the raised terrace. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Church has been in its present location since 1971, and has a conforming front yard setback. The present grade of the parcel is significantly lower in elevation in the rear of the building, thereby marking it difficult to add onto. 3. Town Law §267-b(3)(b)(3). The variance requested herein is substantial. 4. Town Law §267-b(3)Co)(5). The difficulty has been self-created. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood, based upon a review of the record and inspection of the present neighborhood, as mentioned above in #1 above. Page 3 - December 6, 2007 ~ ZB File No. 6088 - North Fork Greek Community Association CTM No. 106-9-6.1 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to Grant the variance as applied for, as shown on survey prepared by John Metzger, Peconic Surveyors dated April 2, 1999, revised May 15, 2006, and Plot Plan and Elevation Diagrams (undated) prepared by Michael Macrina, subject to the following Conditions: 1. That a landscape barrier be constructed as per the 11/27/07 site plan submitted November 29, 2007 by Michael Macrina Architect P.C. 2. That the plantings shown on the 11/27/07 landscape barrier be continuously maintained. That the above 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 Dinizio (Chairman), Oliva, Goehringer, Weisman. This Resolution was duly~ adopted (5-~)~ RECEIVED DEC Simon, and pr eS Dinizio Jr., Ch~irma~~ 12/ I oved for Filing /2007 Proposed- Covered Portico Proposed Terrace- Existing 8ftx16ft Portico J to be removed 0 / 23.~ Exist'g~' . Steps 60' O" · setback I I FINAL MAP REVIEWED BY ZBA SEE DECI~ ION # DATED P- ~ laud7 F- S 70' 26' O0"E i~O~.~,~ 72,2 IIIIlll I ~'-r.:__,_.~ , ' Existing 3.2 ~ One-Story . ~ Church 3. 10.5' 2.~ 72.2 ~j ~o g Romp Zone: R 80 This is an ~,rchitectural Plot Plan with Information taken from a Survey by: Peconic Surveyors Southold, N.Y. dated: May 15, 2006 Plot Plan 1" = 50' N 70' 22' 50"~- Exist'g ~"~ Garage J.~ Existing Asph(~lt Pavement Existing Pavilion 318,63' North Fork Greek Community Association 1950 Breakwater Road, Mattituck, N.Y. Date: 9/10/07 Left Elevation North 1/8" -- 1'-0" Proposed Portico Terroce SEE DECISION # G~ I DATED ~-~ ~ / ~_~__~ ~ ~osed Front Elevation Proposed Terrace East TO: FORM NO. 3 , NOTICE OF DISAPPROVAL ~ aL ~rff~.~/O 7 DATE: August 17, 2007 ~-~ ~ Michael Macfina, ~c~tect (Tr~sfi~ation Church) 409 L~e Avenue, Suite C St. J~es, ~ 11780 Please take notice that your application dated August 8, 2007 For permit for additions and alterations to an existing church building at Location of property: 1950 Breakwater Road, Mattituck, NY County Tax Map No. 1000 - Section 106 Block 9 Lot 6.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 3-acre parcel in the Residential R-80 District, is not permitted pursuant to Article III Section 280-13, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of 60 feet. Following the proposed construction, the building will have a front yard setback of 38.83 feet. This Notice of Disapproval is based on a plot plan and drawings by Michael Macrina~ Architect~ dated A. kt~aat.6. ~ "'" ~ zed sig . Note to Applicant: Any eh~deviatio~to the above referenced application, may require further review by the Southold Town Bu~d~g Depa~ment. CC: file, Z.B.A. T(~tE APPLICATION SOUTHOL, TOWN BOARD OF ]~EALS ., ~< t~-~. tqq.ffl, For Office Use Only o~ ~ I. I Fee: $ ~e Filed By: ~q ~ Date assigne~nssignment No. ~ ~P ~]q ~ Omc~ot~: ~ ~ ~ ~ (~) ~ ~~~~ SCTM 1000 Sectionl/P(-t Block ~ Lot(s) 5.1 LotSize '~,~n~,~.~,~ Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Telephone:b%l ~r'~'~./~, ~'~ Fax #: f;~,l 4.,~ ~ -cb ~1o Email: 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 ~presents ~/~.)/~ & NameofRepresentative: ~.k..&l~x.~ ~i,(~l/fr(~Owner, or( )Other: Please chec..k box to specify who you~ w~h corre, spondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~uthor~zed Representative, or [] Other Name/Address below: WHEREBY THE BUILDING ]NSPECTOR REVIEWED MAP DATED ~ ~,. ~ ~ ~0o'~and DENIED AN APPLICAT~gN DATED /-.~d*, ~,, q, OO~'~ FOR: ~Building Permit · [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbe.r.s. Do not quote the code.) Articlo~_ Section 280- q~. I/b/ Subsection Type of~A~peal. An Appeal is made for: ~/~. Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal .~ as, [] has not been made at any time with respect to this propert¥~ UNDER Appeal No.~Year ~, . (Please be sure to research before completing this question or call our office for assist~h~e.) REASONS FOR APPEAL (additional sheets mai' be used with preparer'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: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the ~,pl~lica~ to pursue, other than an area variance, because: (3) The amount ~ relief requested is no[ substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulW been self-created. ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: ~No. Yes (Mease furmsh This is the MINIMUM that is necessa~ and adequate, and at the same time prese~e and protect the character of the neighborhood and the health, safety, and weffare of the communiW. Check this box ( ) IF A USE VALANCE IS BEING ~QUESTED, AND PLEASE COMPLETE THE' ATTACHED USE VAMANCE SHEET: (Please be sure t~ur ~ney.) ~ S~gnatnr~f App~nt or Anthodzed Agent Sworn to before me this N~ary Public LORRAINE MACCHIO ,, Nota~..Public, Stpte o~ New ~'~ No. 01MA6150637 Quarked in.Sufl~k ~ CommissioeExpiras AUgUSt t, ~u~u (Agent must submit wrinen Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: .~.'JI~L/ p!,t~_~,~ A~l/(gt~.DatePrepared: d Ia-~'1 For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelliug or New Additions/Extensions): Dimensions of first floor extension: t~t~ ~(h]lO~ ? ~/i~11 ~)~P Dimensions of new second floor: ' t4 I~ ' Dimensions of floor above second level: 14 P~ - Height (from finished ground to top of ridge): I !oI LO,I [l~or~ . Is basement or lowest floor area bmng constructed. If yes, pleasq prov/~e 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 qf Floors and General Chahacteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: ~.4~,~,t_ 4~1o IV. Calculations of building areas and lot coverage (fron~ surveyor): Existing square footage of buildings on your pro~rtf: t~ ~,t~ ~ Proposed increase of building coyerage: EP~% ~,} .F'r. ' Square footage ofyourlot: , Percentage of coverage of your'l~)t by buildin~ area: ~'"L~I ~ °1o V. Purpose of New Construction: ~IL- Fdl~ar~ ,,i ~ ~'JA,J~J~ '~lt_.-~lILI~ &li/I~I~_.~_L. AJ.O VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land an~w iBrelates 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 QUESTIONNAIRE FOR FII ,ING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes B. _A/e there any proposals to change or alter land contours? ~qo [] 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~ property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have ypu contacted the office of the Town Trustees for its determination ofjurisqiction? ~1~- 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 slopingi 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? k[t~ If yes, please submit a copy ofyqur building permit and map as approved by the Building Department and describe: ~1 ~ ! G. Do you or any co-owner also own other land close to this parcel? dO 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 ~,g~tt~ Ir~t[~ ~d/~J~ulggj and proposed use ~ hJr(~ ~g4~u~ Ado ,q~c__.a.a,~ 2 . (ex~mlfl~Xl~t~ng: single-family; proposed: same with garage or pool, or other description.) Auth~rized~ignature and Date 2/05; ~/07 South-West Corner (front right) Note: Existing Portico & Steps to be removed completely. West Side (front) North-West Corner (front left) Existing Building Date taken: May 16, 2007 Transfiguration of Christ Greek Orthodox Church 1950 Breakwater Road Mattituck, N.Y. 11952 RES. LAND -IMR OF TYPE OF BUILDING Mkt. Vdue ,-:. NEY/ NORMAE. FARM Acm Tillable Woodland M~ ~Plot BUILDING CONDITION BELOW ABOVE '~ -_ Value F Value ' F, RONTAC~ ON WATEp~ DEPTH BULKHEAD DOCK~ P~o Basement Ext. Wall~ Fire Place ' ' LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 15, 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~ NOVEMBER 1572007: 10:05 A.M. NORTH FORK GREEK COMMUNITY ASSOCIATION #6088. Request for a Variance under Section 280-13, based on the Building Inspector's August 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing church building which will be less than 60 feet from the front lot line, at 1950 Breakwater Road, Mattituck; CTM 106-9-6.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours 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: October 12, 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 ~¢w~ -h~ ~'r~'+¢~' ~'~-) - L.. lC #8575 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine 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 1st day of November, 2007, Sworn to before me this 2007 dayof k~, ~// CHRISTINA VOLINSKI NOTARY PUBLIC-STAT~ OF NEW YORK Nt> 3~,V06105050 Quolmed ir, ~uffoIk County LEGAL NIS! 11;~ SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 15, 2007 PUBLIC HEARINGS NOT[CE IS HEREBY G/VEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoffmg), Code of the Town of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hag, 53095 Main Road, P.O. Box 1179, Southold, New York 11971~959, on THURSDAY. N V 1 007: 9:30 A.M. ROY V~ ARGENT and LINDA ARGENT (LIFE ESTATE ELLSWORTH BAYLIS JR.) g6086. Re- quest for Variances under Sections 280- 122 and 280-116B, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning a proposed new dwelling. After substantial demolition of the existing building, the new construc- tion will be less than 35 feet from the rear lot line, less than 10 feet on a single side yard, less than 25 feet total side yard setbacks, and less than 75 feet from the bulkhead, at 6429 Indian Neck Lane, Pc- conic; CTM 86~6-23. 9:45 A.M. LAURA SOLINGER #6087. Request for a Variance under Zoning Code Sections 280-15 (A and B), based on the Building Inspector's March 14, 2007 Notice of Disapproval concerning a proposed accessory garage which will be less than 10 feet from the side property llne. The Building Inspec- tor also notes that his determination has not been updated regarding the current accessory building code, as amended, concerning the height of the garage ex- ceeding I8 feet. Location of Property: 13459 Oregon Road, Cutchogue; CTM 83-2-10.12. 10:05 A.M. NORTH FORK GREEK COMMUNITY ASSOCIATION #6088. Request for a Variance under Section 280-13,based on the Bu ding Inspector's August J7, 2007 Notice Of Disapproval concerning proposed additions and al- J terafions to the existing church building which will be less than 60 feet from the front lot line, at 1950 Breakwater Road, Mattituck; CTM 106-9-6.L 10:25 A.M. KENNETH A. and EV- ELYNN R. HAMILTON #6089. Re- quest for Variances under Sections 280- 15 and 280-124, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning an as-buih (without permit) deck addition at less than 35 feet from the rear lot line and which new construction will create a side yard location for a portion of the acces- sory garage (garage is entirely in a rear yard), location of Property: 145 Orchard Road, Southold; CTM 66-2-26. 10:40 A.M. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) ~fi090. Request for a Vari- ance under Zoning Code Section 280-18, based on the Building Inspector's July 26, 2007 Notice of Disapproval which states that the Bulk Schedule requires a minimum lot size of 40,000 square feet, and the proposed lot line change will create more conformity by increasing the size of CTM Parcel 1000-1454)2-1.4 from 22,151 square feet to 22.936 square feet, and will create more nonconfor- mity by reducing the size of CTM Parcel 1000-145-02-1.5 from 20,877 square feet to 20,093 square feet. Both properties are nonconforming in lot size in the R40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boulevard, Laurel. 11:00 A.M. ILYA and EMILIA KA- BAKOV #6091. Request for a Variance under Section 280-15 (B and F), based on the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/ga- rage) building, which is not permitted at a height exceeffmg 22 feet in height and less than 25 feet from the side property line. Location of Property: 1700 Park Av- enue, Mattituck; CTM 123-8-5. 11:25 A.M. CHARLES S. WlTCZAK #6092. Request for a Variance under Section 280-14, based on the Building Inspector's September 11, 2007 Notice of Disapproval concerning a proposed single-family dwelling which is allowed on a lot size of 160,000 square feet, and this lot after yield calculations measures 102,667 square feet. The proposed dwell- ing use is in addition to an existing work- ing farm with existing farm building uses, and therefore, two (principal) uses are not permitted. Location of Property: 26170 C.R. 48 (a/k/a North Road) and 5000 Bridge Lane, Cutehogue; CTM 84- 5-4.2. 1:00 PM. CELESTE SHEVLIN and PATRICIA BOOKE #6093. Request for a Variance under Section 280-124, based on the Building Inspector's amended October 16, 2007 Notice of Disapproval concerning a proposed addition with alterations to the existing single-family dwelling, which new construction will be less than 40 feet from the front property line, at 1020 Vanston Road, Cutchogue; 1:I0 EM. JON S. RAND #6085. Re- quest for a Variance under Section 280- 15, based on the Building Inspector's August 20, 2007 Notice of Disapproval concerning an as-bdilt (without permit) accessory shed and accessory deck ad- dition in a location set back at less than five feet from the lot line, at 2975 Cedar Beach Road, Southold; CTM 91-1-2. 1:25 P.M. PERI HOFFER HINDEN g6096. Request for a Variance under Sections 280-14 and 280-122, based on the Building Inspector's October 11, 2007 Amended Notice of Disap- proval and Zoning Interpretation ZBA #5039 (Wa/z) concerning proposed ad- ditions and alterations to the existing single-family dwelling. A front porch is proposed at less than 50 feet from the front lot line, and the second-story ad- dition will be an increase in the degree of nonconformance when located less than 50 feet from the front lot line. Loca- tion of Property; t255 W~cliff Drive, 1:50 P.M. DANIEL HUME #6097. Request for a Variance under Section 280-14, based on the Building Inspector's October 1, 2007 Notice of Disapproval concerning a third-story to a single-fam- ily dweUing (under construction and subject to Budding Permit #33295-Z). The Building Inspector notes that the proposed construction shown on plans submitted September 19, 2007 reflect a third-story instead of 2.5 stories, at 14216 Oregon Road, Cutchogue; CTM 72-2-5. 2:15 EM. BRIAN and MERRY RE- TUS #6094. Request for a Variance under Section 280-116A(1), based on the Building Inspector's September 28, 2007 Notice of Disapproval concerning a proposed second-story deck addition to the dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 235 Soundview Road, Orient; CTM 15-3-4. The Board of Appeals will hear all persons, or their representatives, desir- ing 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. South- old.ny.us. Dated: October 19, 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 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAZ A~SESSMENT FORM For UNglSTED ACTIONS Only SEQR PART I - Project kdormation (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipalily County Precise location (Street address and road inteme~ons, prominent landmarks, etc. or provide map) Is proposed ac~n: ( ) NEW ~ EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project bdefly: 7. Amount of land affected: initially: · ~.~ acres; Ultimately: 8. Will proposed action comply with ex~sting or other e)dsting land use restrictions:( ) YES (s~NO if No, descdbe bdefiy: 9. What Is present land use in vidnib/of project: (describe): ( ) Residential ( ) Industrial { ) Commercial { ) Agricultural ( ) Park/Forest/Open Space ~ Other )Does action I~volve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? YES ( ) NO If Yes, list agency(s) and permit/approvals: .I I cerltfy that the information provided above is true to the best of my kn, owledge IAppllcant!Sponsor Name: ~IJA~-L..-- ~ ~,4-/~ Date: ~ ,,!,~'1 Sign ~ If the~c~lon is~Tn the~Coastiel Area, and you are a state agency, complete the Ceastal Assessment Form before proceeding with this assessment APPLiC. _T_RA~CTIONAL DISCLOSURE FORM AIJLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (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. apply.) Variance Special Exception -- *Other Approval or Exemption -- from plat or official map Change of Zone Tax Grievance -- *If"Other" name the activity: -- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? 'Relationsh~ _blood~_.marriage, or busines~s interest_. '_'Business i~nterest" means~.a bu_s.iness~_i~including a ~hip, in which the Town office~ o~r_ emplo_gD~_e has even a~ own~of (o, employment by~_corporati~n in which the Town .~cer or employee owns more than 5% of the YES __ NO ~ If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): __ _ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK othe Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as moo- COUNTY OF SUFFOLK) STATE OF NEW YORK) _, New York, being duly sworn, depose ~_ndl~ay' that:' ' '' On the ~7~ day of 0/.~Or~le.r~ ..~a-'l , I personally placed the Town's official Poster, with the date of heating and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or tight-of-way entrance;* and that I hereby confirm that the Poster has remarked in place fo~ seven days prior to th/~t date of the subject heating date, wtfich heating date was shown to be I,,.l.o~. I?I ~..~o'~ ~ Sworn to before me this //?l day of #aOem~eL, 2007 Nota~j Public, State of New York No. 01MA6150637 (~ualified in Suffo k County (Notary Public) Commission Expires August 7, 2010 *near the entrance or driveway ~ntrance of' my property, a~ ire area4nost4~isibte-to passemby, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- /~.~ ~ _~. / AFFII)AVIT 0F MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) c~ -' ~'_.q. ~-d. New York, being duly sworn, depose and salg thai 0C'-- On the 2 B day of~)z~._~, I personally mailed at the United States Post Office in -.<T...,-7'3/~ ~" Y- , New York, by CERTIFIED MAIL, RETURN RECEI~T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current o,.wne.~.~shown on the current assessment roll verified from the official records on file with the (~fAssessors, or ( ) COuntSr Real Property Office , for every property which abuts and is acros~ a public or priv?'ce street, or vehicular right-of-way of record, surrounding the applicant's property. ~ (Signature) ~ Sworn to before me this day of (.?cS/o~t-~c , 200 7 (Notary Public) LORRAINE MACCHIO Notary Public, State of New York No. 01UA6150637 Quaflfled in Suffolk County Commission Expires August 7. 2010 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names arid addresses for which notices were mailed. Thank you. u3 T ~; $0.41 D or PO Box NO. r~- __ Postage $ Cedlfied Fee Return ReCeipt Fee (Endorsement Required) Restricted Delivery Fee (Endomement Required) Total Postage & Fees 10/23/200"/ F'- '~---------,---°"-i~ State ZIP+4 ....... -'~ Postage Certified Fee I~ Return Receipt Fee (Endomement Required) Restfic!ed Delivery Fee (Endorsemenl Required) nj nj Total Postage & Fees $0.41 [1 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) nj Total Postage & Fees $0.41 Postage Certified Fee Return Receipt Fee (Endorsement Required) $ $0.41 $2.65 $2.15 ~.00 $ $5.2t / '~'l~°stmark X: M,a¢I2JN , P.e. 409 LAY. r.. A~/r..., ,~.~UlTr.. ¢, -~T..JAMr..~, N.y. 11780 (6bi) 686-6585. F.x, (6.~1) 686-6786 ~.I~tAIL' ~tMA¢O INA~ ~pTO~NLINF...NF..T October 23, 2007 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re-' Affidavit Of Mailings File # 6088 North Fork Greek Com. Assn. 1950 Breakwater Road Mattituck, N.Y. 11952 For whom it may concern, Please find enclosed the Affidavit of Mailings including the white receipts postmarked by the Post Office. If you have any questions and/or comments, please do not hesitate to call. A~ZCdlTECT.b · PLANNEI2.b November 8, 2007 Zoning Board of Appeals 54375 Main Road Southold Town Annex Southold, NY 11971 Re.' Zoning Board of Appeals Application Transfiguration of Christ, Greek Orthodox Church 1950 Breakwater Road Mattituck, N.Y. 11952 Dear Linda, Please find enclosed the return receipts as required for the above-mentioned property. If you have any questions and/or comments, please do not hesitate to call. Michael Macrina, AIA AP-.¢dlTECT5 · PLANNF=.I2_ · Complete items 1, 2, and 3. Also complete Item 4 if Re~dcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplace, or on,he front if space permits. 1. Article A~dressed to: [] Agent [] Addressee D. Isdalive~l~mntflomr~eml? DYes If Yl~,~~il:~o~: [] No [] Registered [] Retum Re~alpt fo~ Memhandlse [] Insured Mall [] C.O.D. 4. Restricted Deitve~ (Extra Fee) [] Yes 2. ~ Number ~*~o,~ 7007 0220 0000 0659 5092 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. A~icle Addressed to: [] Agent [] Addressee D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mall [] Express Mall [] Registered [] Retum Receipt for Merchendise [] Insured Mall [] C.O.D. 4. Restflcted Delivery? {Exffa Fee) [] Yes 2. A~flcle Number (Transfer from sen, ice 7007 0220 0000 0659 5054 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~ticle Addressed to: 3. Service Type [] Ce~tiflad Mall [] Express Mall [] Registered [] Retum Receipt f~r Memhendlse [] Insured Mail [] C.O.D. 4. Restricted [:)e~ive~/? ~ Fee) [] yes 7007 0220 0000 0659 5078 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse an that wa can return the card to you. · Attach this card to the back of the mailpiane, or oe the front if space permits. [] Agent [] Addressee Received ~ D. Isdellve~yaddmssd~efitf~nit/eml~ i-~'~e~ / if YES, enter dellv~ ii.No t for Merchaedlse [] C.O.D. 4. Restricted Deli~y? (Extra Fee) [] Yes 2. Alt~le Number (rnm~fer ~e~ s~-v~e/a~0 7007 0220 0000 0659 5065 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~ is desired, · Print your name and address on the rovers• so thet we can return the card to you. · Attach this card to the back of the mailpiane, or on the front if space permits. · ~v~u~ 17/r3Y~s If--YES, enter delivery address below: [] No PS FO IO~.~-M-t ~40 · Complete items 1 2 and 3. Also complete A, Sign~ure ' ~ .~, .~~' i"3 Agent item 4 if Restrlcted Delivery is desired. ~,FI ~ ~'~ (.~-,~'q~ [] Addresse~ · Print your name and address on the reverse so that we can return the card to you. -- lB. Received by ( Printed Name) ! C. Date of Delivel~ · Attach this card tothe back of the mailP.r~l~, ~.¢~v~_~.~;~ {~ ~ ~-~'} or on the front if space permits. [ D. Is de--stent ~ item 1 ? [] Yes 1. ~c~eAddr~,edto: ,'~ { .~ If~S~dr~be~w: [] No - ' o/< /, ........ ~ / / ~ [] Registered [] Retum Receipt for Mercl~ndise ~ [ [] Insured Mail [] C.O.D. [4. R~tHcted D~liver~ (~;tra F~e) 71 Ye~ 2. Article Number (r,a.s~from~,v~/~ 7007 0220 0000 0659 5030 i~$ Form 3B11, February 2004 Domestic Retum Receipt 1025e~.O2-M-lS40 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. B.[{eceived~y(PrintsdName) C. Date of Daiive~y D. Is delivery addms~ different f~om Item 1 ? [] Yes If YES, enter delivery address below: [] No 3. ice Type ~:~C~rtlfled f~il [] Express Mai[ [~ R~ [] Return Receipt for Merchandise [] Insu~ ~Mall [] C.O.D 4. Restricted Daiiveq?2 ~o~a Fee) [] Yes 2. Artfcfe Number Crr~,,,'f~rfr~se~l~) 7007 0220 0000 0659 5061 PS Form 3811, February 2004 Dome~mc Retum Receipt Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 December 12, 2007 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Michael Macrina, Architect 409 Lake Ave., Suite C St. James, New York 11780 Re: ZBA #6088 -Variance application (North Fork Greek Community Association) Dear Mr. Macrina: TranSmitted for your records is a copy of the Board's December 6, 2007 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 21,2007 Zoning Appeal No. 6088 Transmitted herewith is Zoning Appeals No. 6088 of North Fork Greek Community Association- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Fom~, Authorization Letter for Michael Macrina Architect, P.C. to act as agent, Action of the Zoning Board of Appeals Appl. No. 3743, Town of Southold Property Record Card, Notice of Disapproval, (3) color photographs of the residence, Front Elevation, Plot Plan and a Survey. To Whom IT May Concern: I, ~N] l C_.l.<. /'~/kt,]NJlP(o~ , do hereby give my consent ~br Michael Macrina Architect, p.c. to act on my behalf for the purposes ofsubmitth~g the application for the Southold Town Zoning Board of Appeals and Building Department for the North F~rk Greek Community Association at 1950 Breakwater Road, Mattituck N.V.t~gs2. / [ · / / Floor Plan Section Thru Plaza dna Architect. pc The Transfiguration of Christ Greek Orthodox Church Mat~tuck, New York SL~Dd~SNi /, N/O/i:. OF D4 VI D N /O/ ,e AREA = 2.94.30. ACRES. ANY AL TERA T/ON Off ADDITION TO THIS SURVEY I$ A VIOLA TION OF SECTION 7209 OF THE NEW ¥ORl~ STATE E~UC.4TION LAW. EXCEPT AS P~ SECTION 7209 - SUBDIVISION .~ AU- C. ERTIFIC.4 TION$ HEREON ARE VALID FOR TIqlE MAP AND COPIES ThE~EO~' ONLY ~' OF ANOTHEN SURVEYOR'S M~I=. TEI~I~S ~ A~UT~'I~CfEDQ~A~ND c OO/~E,9 SURVEY OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY,N, Y. 1000 106 09 6.1 SCALE 1" = 30' April 2, 1999 MAY 15, 2006(ADDITION) 87 - 959 ~AT [~ P~rVF__\VAy FIOOF Plan bob4~y OFF~T=- Down pLAZA Section Thru Plaza Mattituck, New York Architect Michael Macrina ArChitect, p.c. 11/27/07