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APPEALS BOARD MEMBERS
Ruth D. Oliva
Gerard P. Goehringer' Chairman
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
Mailin~ 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
hllp:/ /southoldtown.northfork.net
ZONING BOARD OF APPEALS ~CEJVED Jo
TOWN OF SOUTHOLD '8': I Y
Tel. (631) 765-1809. Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATIO~a~
MEETING OF FEBRUARY 7, 2008 Southold Town (led
ZB File # 6113 - Debra LaChance
Location of Property: 630 Ruch Lane, Southold
CTM 52-2-26
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without further steps under SEQRA.
BASIS OF APPLICATION: Zoning Code Section 280-124, based on the Building Inspector's
November 14, 2007 Notice of Disapproval concerning a proposed addition to the existing
single-family dwelling at less than 10 feet from the side yard, less than 25 feet for total side
yard setbacks, and less than 35 feet from the front lot line.
ZONING CHAPTER 280 OF TOWN CODE (formerlv Chapter 100): Zoning Code Section
280-124 states that lots measuring less than 20,000 square feet shall have a minimum side
yard setback of 10 feet, total side yard setbacks of 35 feet, and a front yard setback of 35
feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 24, 2008,
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: Applicant seeks permission to construct an 18'
x 18' one-story addition to the existing single family dwelling, which new construction will
be 6.8 feet from the side property line on a single side yard, 26.25 feet from the front yard
line, and total side yards at 16.8 feet when adding the existing 10 ft. setback of the existing
dwelling.
ADDITIONAL INFORMATION: Applicants received a variance on November 9, 2006 (ZBA
# 5965) which granted alternative relief for an accessory garage at a minimum of 18 feet
from the front line adjacent to Ruch Lane and a minimum of 7 feet from the side lot line.
The applicant has submitted a letter to the Board of appeals on January 17, 2008 to void
.
.
Page 2 - February 7, 2008
ZBA#6113 - Debra LaChance
CTM 52-2-26
the variance approval under #5965 for the proposed front yard garage, in order to proceed
with the variance application concerning a proposed new studio addition to the residence.
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
addition will be no closer to the property lines than is the adjacent neighbor's garage.
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 Code
requirement of a 75 foot setback from the Bay precludes construction of the addition
anywhere on the lot without variance relief. The northerly wall of the proposed addition
will be continuous with the same side of the house. No other suitable location for the
addition exists on the property.
3. Town Law ~267-b(3)(b)(3). The variance requested herein is not substantial. The front
yard setback relief requested is less than that granted on November 9, 2006 (see above) and
is 0.2 feet greater than was granted in the prior application with respect to the same side
yard: 6.8 feet as opposed to 7 feet.
4. Town Law ~267-b(3)(b)(5). The difficulty has not been self created, so far it is a
consequence of the fact that the property is less than 8,000 square feet.
5. Town Law ~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance
in this residential community will have an adverse impact on the physical or environmental
conditions in the neighborhood.
Grant of the relief requested is the minimum action necessary and adequate to enable the
applicant to enjoy the benefits of an addition to the dwelling, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Weisman,
seconded by Member Dinizio, and duly carried, to
GRANT the variances as applied for, as shown on Boulevard Planning, P.C. Site
Plan Map SP-I dated 10-22-07 and Elevation Map A-I dated 10-29-07.
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
.
.
Page 3 - February 7, 2008
ZBA #6113 - Debra LaChance
CTM 52-2-26
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 Oliva (Vice Chairwoman), Dinizio, and Weisman.
Chairman Goehringer and Member Simon were absent. This Resolution was duly adopted
(3-0). ~f.SJ C]~
RUTH D. OLIVA, Vice Chairwoman 3/ /08
Approved for Filing
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.
FORM NO.3
S1V3ddV dO 01:\V09
800l l l Nvr
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
<<l1~b\n~~~~
TO: R. Lehnert for
Debra LaChance
32645 Main Road
Cutchogue, NY 11935
DATE: November 14,2007
Amended: January 17,2008
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JAM 1 7 2008 .
1/~'fI06f#-ZPfJ
BOARD OF APPEALS
Please take notice that your application dated November I, 2007
For a permit for an addition to an existing single familv dwelling at
Location of property: 630 Ruch La., Southold
County Tax Map No. 1000 - Section 52 Block 2 Lot 26
Is returned herewith and disapproved on the following grounds:
The ro osed addition to a sin Ie famil dwellin on a non-confo 7 983 s . ft.
parcel. is not permitted pursuant to ArticleXXIII Section 280-124 whic
"This section is intended to provide minimum standards for granting of a building permit
for the principal buildings of lots which are recognized bv the town under 280-9. are
nonconforming and have not merged pursuant to 280-10."
Lots measuring less than 20.000 shall have a minimum side vard setback of lO'and a
total side vard setback of 25'and a front vard setback of35'.
Following the construction. the dwelling will have a single side vard setback of6.8' & a
total side vard setback of +/- 16.8' & a front vard setback of26.25.
-----')
~~
I Authorized Signature
Amended to stipulate lot size.
.-
SURVEY OF OPERTY
SI TUATE I ARSHAMOMAGUE
TOI^INI SOUTHOLD
SUFFOLK COUNTY, NY
SURVEY 01-26-2006
UPDATE 0<1-05-2006
DIM. l'I.M. 10-18--2006
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SUFFOLK COUNTY TAX #
1000 - 52 - 2 - 26
CERTIFIBD TO:
Debra IJlf!hRnce
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BOAR.:J CF f1,PPEALS
NOTES.
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ELEVATIONS REFERENCE N6VD'2<1
ZONED R-40
AREA = 1,<183 sf or' 0.18 acres
6RAPHIC SCALE
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1"= 20'
I
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. UC. NO. S0202
RIVERHBAD, N.Y. 11901
369-8288 Fax 369-8287 RI;lF.\\Compaqserver\pros\03\03-238.pro
API'LICATI'TO THE SOUTHOLD TOWN BOARD t APPEALS
dA' .- '~t1 For OjJice Use Only
Fee: $~ Filed By: i[ . u..t~ fUr . Date Assigned/Assignment o.
OIlice Notes: ~ J. () tJ
House No.(Q~O Street "R \) ( H- LA-f'.le; Hamlet
SCTM 1000 Section152.BlockLLot(s) 2 CI Lot SiZe -,q~ ~
Zone f? -LI..Q
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED tJOiJIJd:d /4,2001 BASED ON MAP DATED 10 - 19, - 2000
I
APPlicant(S)/Owner(s):----bet>ro.... La..Cbt:;tnre /
MailingAddress: 5/1 W 21'11'- ~ .:2nol F1...-,e. N'-{ ~LLI()O/I
Telephone: q '1-~q_ ~~ax #: 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 represents:
Name of Representative: ~orerf for ( ) Owner, or MOther:
PCt\U N
'-". Ad'-':g:to'l s: /I\Ml ed C lftcJJce ~~ /J,-/ Ii q~,,-
TelePhone~'- ~ -~?t,) Fax#: 7?;~-2.Z7UJ~Jnail: 'I'C perl1Uke
. att>n I,n e . na-
Please check box to speci,h who YOUJ,Sh correspondence to be mailed to, from the above names:
o Applicant/Owner(s), or ~nthorized Representative, or 0 Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED
AN APPLICATION DATED FOR:
:aBuilding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
'0 Change of Use
o Permit for As-Built Construction
OOther:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
A~Section 280- I-.:z.~
Type of Appeal. An Appeal is made for:
III A Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 280-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
Subsection
A prio':!ppealJ(has, 0 has ~ot been made at anv time with resnect to this nrOnertv. UNDER Appeal
No~ Year "if . (please be sure to research before completing this question or caY our offICe for
assistance.)
Name of Owner:
~1lA- !~CL-
ZBt.ne #
REASONS FOR APPEAL (additional sheets mav be used with armarer's s;,mature):
AREA VARIANCEREASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
~ ~H€D
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
~$- ~tteb
(3) The amount of relief requested is not substantial because:
~ee ~D
(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 difficulty been self-created? ~y es, or ()No.
Are there Covenants and Restrictions concerning this land: )it No. 0 Yes (O/ellSO furnish coapl
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 (v) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (pkase be sure to consu our Tn ~
Sworn to berore me tbis { P77f
day or Nov~"u'l/20.E.2.-.
er!:r11!~ 7
Si of or Authorized Agent
( eat must 'u.bmJf: written AuthorizltiOD from Owner)
RiX3u:.r l~~
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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:
Due to the location of the subject property on the water, there is no alternative
location for any type of addition. The scale of the proposed addition is in keeping
with the existing structure and the surrounding neighborhood.
2.) The benefit sought by the applicant CANNOT be achieved by some method
feasible for the applicant to pursue, other than an area variance, because:
Due to the nature of the property being located on the water the only feasible
location for any addition would be to the front of the structure.
3.) The amount of relief requested in not substantial because:
The proposed addition is not substantial because the proposed addition is one
story and located behind the setback line of a neighboring accessory garage.
4.) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
The proposed addition is in keeping with the scale and character of the existing
neighborhood. By placing the proposed addition in the front of the house we are
mitigating any affects on the adjacent water body.
Office Location:
.
1
. USPS Mailing Address:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
PO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
March 72008
/3.'1 ~4.y,rPe.ljuJN" fI....;t
Mr. Robert Lehnert
Peconic Permit Expediting
32645 Main Road
Cutchogue, New York 11935
Re: ZBA #6113 - Debra LaChance Variance application
Dear~
Transmitted for your records is a copy of the Board's February 7, 2008 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,
~~th:LK"nv~ -
l{j{~aKowalski
Enc!.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
+S-IJLA,I:n~: l}2-'-fJorfl.J. .
c-\it \ p'CO N I C PERM IT EXP E 0 III N G
irJ, Building / DEe / Variance / Marine
32645 Main Road' Cntchogne, NY 11935
E-Mail oeconicoennitslalootonline.net Ph 631.734.g361 . Fx 631.734.2276
Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
January 17,2008
1PJ~((;~OW'~[jJ
JiN 2 3 2008 ..
~/.325 JJI/
BOARD OF rr- ),
APPEAL
cd? 9 v"
,.-.;.
RE: Previous Variance
To Whom It May Concern,
This letter is to confirm with the Zoning Board of Appeals of the Town of South old, that as the
homeowner, I would like to void the variance approval for the proposed front yard garage, in order to
proceed with the proposed studio addition to the residence.
If you have any questions, please feel free to call me at any time.
~%'X~
Debra LaChance - Homeowner
_ r;/i~(jP Iln
-" (-~, . (j>c) lie
.
FECONIC
FERMIT
-
EXFEDITING
BUlldmg / DEe / Variance / Marine
E-Mail neconicoennits@ootonline.net
32645 Main Road' Cutchogue, NY 11935
Ph 631.734.8361' Fx 631.734.2276
January 17, 2008
Board of Appeals
Town of South old
P.O. Box 1179
Southold, NY 11971-0959
RfCEWEO
jf>,1'l 1 1 '1.008 PJJ- I (J-<l[ 0 'I
u... CI ,,3
t:R 0",1\0 of ",PPE",LS
ZONING II
RE: Previous Variance
To Whom It May Concern,
This letter is to confirm with the Zoning Board of Appeals of the Town of Southold, that my client,
Debra LaChance would like to void the variance approval for the proposed front yard garage, in order to
proceed with the proposed studio addition to the residence.
If you have any questions, please feel free to call me at any time.
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/SouthoId/
,20_
Examined
Approved
Disapproved aiC~~
,20
Phone:? 311- ;1 0 U
Expiration
,20_
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Building Inspector
APPLICATION FOR BUILDING PERMIT
Date \ \ /01
.
,200-=r
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Iils'pectorwith 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
. c. The work covered by this application 1!iliy not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of (he Town 'of Southold, Suffolk County, New York, and other applicabre Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
Igna f icant or name, if a corporationlj
32L045 ~:~g~e~s~~~~~~~~1
State whether applicant is ownet, lessee, agent, architect, engineer, genetal contractor, electrician, plumbet or builder
~C.DY')'-c.. P<<mtt- ~'n..3
~br"tL \..-o-.Cho..V\CL.
(As on the tax roll or latest deed).
If applicant is a corporation, signature of duly authorized officer
.&b--.-t'+ l..-e-hner+.
,
Name of owner of pretnises
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
~3o RvC~ ~~
House Number Street
Hamlet
(Name)
52 YVJjI\lf~lIIllm 2-
"IUY "'-" ~f.'n~~ YlIATOk
~,~J't. t .0M'
'f'trti..H.>.') "'funut rtj bttltJlouO
QO:O$ ..~ j'~Ql.IA '.HQJJ i"iy..."nltnu.' ,M
Lot 2(p
Lot
County Tax Map No.1 000 Section
Subdivision
2. State existing use and occupancy of premises and intended use ahd occupancy of proposed construction:
a. Existing use and occupancy 'RES I Def\)C~ .
b. Intended use and occupancy R51 ~E
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Addition V
Other Work
Alteration
(Description)
4. Estimated Cost
5. If dwelling, number of dwelling units
If garage, number of cars
\
Fee
(To be paid on filing this application)
Number of dwelling units on each floor N fA
..
6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensionsofexistingstructures,ifany:Front 30' Rear '7,01 Depth 3l'
Height 2. 3. q Number of Stories .2. S TOR.. 'i
Dimensions.pl same structure with alterations or additions: Front -3C> I RJar .3Q'
Depth ~ ' Height :2. 3 .9' Number of Stories 2
8. Dimensions of entire new construction: Front---.!.6 Rear--1 CO Depth , B
Height '5 I Number of Stories l S-rCyR. 'i
9. Sizeof1ot:Front~R Rear 50./2. Depth_lto~. '7,
10. Date of Purchase 1/2~ /0'5 Name of Former Owner SA-
I
II. Zone or use district in which premises are situated ~ --4D
12. Does proposed construction violate any zoning law, ordinance or regulation? YES L NO_
13. Will lot be re-graded? YES_ NO..;' Will excess fill be removed from premises? YES_ NO_
~ I _r. . 51~W2H""-st.pJ~
14. Names of Owner of premises A.~U.Address i'J"f.....''''l LnOlI PhoneNo.9.II~-372tf
Name of ArchitectSWQ Aam~ .pc.. Address3?f~rlf.4Jr'lf2.d Phone No f~ t..f - 201/
Name of Contractor Address t:~1i~ne No.
IS a. Is this property within lOO feet ofa tidal wetland or a freshwater wetland? *YESLNO_
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES ~ NO_
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
~OB~ ~€ieI being du1y sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
~T'
(Contractor, Agent, Corporate Officer, etc.)
. of said owner or owners, and is du1y authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Notary Public
~~~
C/ Signature of Applicant
. ......: MC"'W
NOWIY Muc.,'!A1I 0' NIW YOH
NO. DlMe."II1.
Qualll\ect In luftotk County
My COIlllIllIIlOIl ........Augull 01, JIIIIt
20~
\{':P ..
- COUNTY OF SUFFOL'
(i
1PU1E~lEll~lElt)
DEe 1 9 ..
BOARD OF APPEALS
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
December 10,2007
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)
Diack
Hill
Planitzer
LaChance
Frienmann
DiGregario
Guja
Mooney (End of the Road LLC)
6109
6111
6112
6113
6114
6115
6116
6013
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R. Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
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MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
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1631) 853-5190
TElECOPIER 1631) 853-4044
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APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
APPlicant:~o........l- fA Cha.nCD. Date Prepared:-1J /7..0/0-::r
,
I. For Demolition of Existing Building Areas ~ I )/ f'> J""':' 1'.
Please descnbe areas being removed: NO 1;?finIIOL ITl O"V'J '\ ~~I~
II. New Construction Areas (New Dwelling or New AdditionslExtensions): \ \
\0 v. t B
Dimensions of first floor extension: "t= I ~,.. _ _
Dimensions of new second floor: p..J / fT
Dimensions of floor above second level: N J p,..
Height (from finished ground to top of ridge): . I /IS I
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:
Nwnber of Floors and General Characteristics BEFORE Alterations: 2- STt>(f:..'-/ id~L I t.J.t:,..
Nwnber of Floors and Changes WITH Alt~-S TO~6 ~~ I ins IAJI h-
?'~ Ifl')C 1~1 ~- A-b I .
N. Calculations of bnilding areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: I ~O ;2 .;. F
Proposed increase of building coverage: I ~ 4'5 S . s::"
Square footage of your lot: -=z9.B2. S. t::
Percentage of coverage of your lot by building area: ~~ I (g...,9 /) {ilYl>pt'4J ~
v. Purpose of New Construction: ~l::> I a .. i:>N:r: <TZ'it'l
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Itr ~ Or: Vfl.b r:;lJi,f5f) ~-rrIJC.i7 P\J I TfHff l.-1tN b
I ~ pLA-r
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos ofbnilding area to be altered with yard view.
7/2002; 2/2005; 1/2007
~.
.j
Town ofSouthold
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LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for pennits* including Town of Southold agencies, shall complete this CeAP for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. TIlls
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 L WRP policy standards and conditions contained in the consistency review law.
Thus, the action shoilld 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 L WRP 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 South old's website
(southoldtown.nortbfork.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# 1)2.
;2.
-~
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Board 0 BuildingDept. ~ Board of Trustees 0
1. Category of Town of South old agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
o
o
(b) Financial assistance (e.g. grant, loan, subsidy)
(c)
l'emut, approval, license, certification:
........--.-...-...--.-----.---.
.__._-_._....._.._-_.~--
Nature and extent of action:
- .'... ......._-_.~.._,-_.._..._.----
ADJ'IT/csN.f!f.Je'xJS\ ( CJrve.$!f-R.'1
~/~1.e f"An1IL~
sniDlo 10
'.-'
Location of action: to: Rvch Lanel ~d
Site acreage: 7qg2 S. F:
Present land use: g 1tJ&LE ~ I L-'-J ~I "DEf\JCE7
Present zoning classification: ~ -~ 0
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Nameofapplicant: ~eeA- LaChance
(b) Mailing address: ~11 W 2~ s+ 2nd rt-e N 'fJJlf
(c) Telephonenwnber: Area Code ( )~ 11-(Afj- 3?2Lj
(d) Application number, if any:
Will the actio~7Ctly undertaken, require funding, or approval by a state or federal agency?
Yes 0 No [V If yes, which state or federal agency?
C. DEVELOPED COAST POLICY
~-_/
Policy'l. Foster a pattern of development in the Town of Southold that enhances community charader,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria. , /
Dyes 0 No ~NotApplicable
Attach additional sheets if necessary
Policy 2. Protect and preservenmorreand arcniieowglcal resourcesOf1lie I'own of Southold. See L WRP -
. Section. ill -_~~li.c~~~,~s3.!iI.r.o~!~~f~rn~~al~~~~~.~~i~:~i~ __..__.
o Yes 0 No /JJ Not Applicable
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;"
Attach additional sheets ifnecessary
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Policy 3. Enhance visual quality and protect scenic resources throughout the Town of SouthoJd. See
L WRP Section III - Policies Pages 6 through 7 for evaluation criteria
DYes 0 No ~otApplicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize~loss of life, structures, and natural resou.rces from flooding and erosion. See LWRP
Section III - Policies Pa s 8 through 16 for evaluation criteria
;
DYes 0 No Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section ill
- PoUdes Pages 16 throDJll21 for evaluation criteria
o Yes 0 No ~otAPPlicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pae:es 22
-- through 3i-for evaluation- riteria. ------------------- -
..--0-.------0-..--.
Yes No
Not Applicable
....----...--......----------...
;
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.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III _ Policies
Pages 32 through 34 for evaluation criteria.
DYes 0 No ~t Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous
substances and wastes-)ee L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
o Xes 0 No ~otAPPlicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, pnblic lands, and public
resources of tile Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
o YesD No~tAPPlicable
Attach additional sheets if necessary
-------. ------- _. ---....-.__.. ._______._._n. __.~_._ ._.
WORKING COAST POLICIES
."_.....__.,~.. _..... -_. ---..-., '--~'-"'-'-----'-_._--._._-- "--
-----...-.-..---,---.------.... .,--_...~..-.__. ...-----.-- -'--'.-'-'- --------
Policy 10. protec~sout old's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See WRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
-Ehes--E1-No-- - OfApPJicable----------------------------- -.. ---- . ""
"-. -_....- '---..--- .----------_____..._.....__..____n... '___,'_u
','
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.
" ,
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 ~WRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
DYes 0 No ~ot Applicable
Attach additional sheets if necessary
Policy 12. Protect agri Iturallands in the Town' of South old. See L WRP Section III _ Policies;. Pages 62
through 65 for evalua on criteria.
DYes 0 No
Not Applicable
Attach additional sheets if necessary
Policy 13. prom~te a propriate use and development of energy
Section III - Policies; ages 65 through 68 for evaluation criteria.
Dyes 0 No Not Applicable
and mineral resonrces. See L WRP
------.--.-------..., .-
. .'--'-.-, "..._---_.._-."-~._---,------ --.--..--.-..-.- --.
Created on 5/25/0511:20 AM
,
---~--'-_._--_....__._..------_._.._.."_.._-...__._,-----..--..--.-------------- -.--...--
------...,...-....---- ----...---.,--- ------.--------...--...-..-.-
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QUESTIONNAIRE
FORliRJNG WTIH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
DYes 1J'0
B. Are there any proposals to change or alter land contours?
)(No DYes, 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? ~h
3) Is the property bulkheaded between the wetlands area and the upland build&g area?
NO
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its ~etermination of jurisdiction?~~ Please confirm status of your
inquiry or application with the Trustees: 1\d.-ni^i~ p~ IT" ~ J
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? ND (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 ofjo~ b~lding permit and map as approved by the Building
Department and describe: ~ ~''15 ,
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 parcel Sl~ ~ \ ~
l)wtIa.'ntl and proposed use ~JNt:rL~ F'ktV!,....'i DIIV6tlln~
(examples~ . . gle- 'I osed: same with garage or pool, or other description.) .
e
2/05; 1/07
("/
PRomcr LD. NUMB/llI. .
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I
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SEQR
617.21
Appendix C
State Envir,ollmental Quality Review
SHORT ENV1lIONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Ollly
PART I - Project Information (To be complete by Applicant or Project sponsor)
1. Applicant I Sponsor 2. Project Name
I SPOr1$OY : ful::;ey+- l-e\1ner +
3. Project location: Municipality
l-o.(}anee Ve?fder1a
~
County
530 Ruch Lo. Vle.
f S~ Ru:-V\ laY\-e.
5. Is proposed action:
Su~
@treev\lA"-t fJy
( )NEW
EXPANSION
) MODIFICATION I ALTERATION
6. Describe project briefly:
I Pr'DD IDON
7. Amount 01 land affected:
OF
\ 'i~'-I ~Dl D
I
".. aaes
C)....
) YES ( NO If No, describe briefly:
I Va,via.t1Ce ch-0If\ 20Vlin5 Ba:tvd cf A-ppttU4 Vl(~-tQ
9. What Is present land use In vicinity of project (describe):
Residential ( ) Industrial ( ) Commercial ( ) Agricultural () Par1<lForesYOpen Space ( ) Other
Initially: 130 2 s. F acres: Uillmately: /5
8. Will proposed action comply with existing or other existing land use restrictlons:(
,
10. Does action InllOlve a permit approval or funding, now or uillmately from any other Governmental agency,(Federal, State or Local) ?
YES ( ) NO If Yes. list agency(s) and penmlYapprovals:
SIN-hu>>d
i3ulk{!'vu
Depi-
11. Does any aspect of the action have a currently valid penmil or approval?
~ YES ( ) NO If Yes, list agency(s) and penmlYapprovals:
Build\~ ~MA- at 311'51
.it: 33 1'70
12. As a resuil of proposed action, will exl.tlng penmWapproval require modlflcatlon?
( ) YES ( ) NO If Yes, list agency(s) and penmIUapproval.:
I certify th.t the Info"".tlon provided .bove Is true to the best of my kn,owledge
Date:
If the ac
,an you are a state agency, complete the CQastal Assessment Form before proceeding with this assessment
Date: 11/21/07
Transaction(s):
1
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Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Application Fees
Check#: 1272
Name:
Lachance, Debra
514 W 24th St 2nd Floor
NewYork,NY 10011
Clerk ID: MICHELLE
.
Receipt#:
Reference
6113
Total Paid:
1272
Subtotal
$400.00
$400.00
Internal 10: 6113
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EUZABETH 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:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
November 26, 2007
RE:
Zoning Appeal No.
6113
Transmitted herewith is Zoning Appeals No. 6113 of Debra LaChance- 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 Form, Authorization Letter for
Peconic Permit Expediting Inc. to file on the owners behalf, Notice of Disapproval, the Findings,
Deliberations and Determination from the meeting of November 9, 2006 for ZB File No. 5965,
color photograph of the residence, (2) Surveys of the property, Site Plan, Proposed Elevations
and Floor Plans.
Office Locatio\):
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,
U~PS Mailin~ Add(ess;
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southo1d, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fal( (631) 765-9064
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 24, 2008
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 SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11911-0959, on THURSDAY, JANUARY 24, 2008:
9:40 A.M. DEBRA LACHANCE #61'3. Request for a Variance under Section 280-124, based on
the Building Inspector's November 14, 2007 Notice of Disapproval concerning a proposed
addition to the existing single-family dwelling, which is proposed less than 10 feet from the
side yard, less than 25 feet for total side yard setbacks, and less than 35 feet from the front lot
line, at 630 Ruch Lane, Southold; CTM 52-2-26.
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: December 27,2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address/USPS)
P.O. Box 1179
Southold, NY 11971-0959
l'-t - /. L<fV err r~ I v~-b'. ",
) - /..KCa.~" ~"..e.~) .
#8662
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of South old, 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 a week for --1- week(s), successively, commencing on the
10th day of January, 2008.
Sworn to before me this
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY, JANUARY 24,2008
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and Chapter 280 (Zoning), Code
of the Town of - Southald, the follow-
ingpubli<; hearings _ will be held by
the SOUTHOW TOWN ZONING
BOA~ OF APPEALS.-at the,;Town .
Hall, 53095 Main Road;P.o. Box 1179,
11:25 A.M.' ROBERT and ERIN
DICKERSON #6120. Request for a
Variance under Sections 280.122A and
280.124, based on ZBA Interpreta-
tion #5039 (Walz Application) and the
Building Inspector's November 16,2007
Notice ot i:>is~pprova1 concerning pro-
Posed additions _ and. alterations - to an
exist.ing dwellitig, which new construc-
tion-createS a new nonconformance or
increase in the - degree of nonconfor-
mance .when,~ooo.ted less than 50 feet
flam th~ .tront lqt lin~ a.mt less than 15
feet on a side yard; Location of Proper-
ty: 1600 Alvah's Lane, Cutchogue; CfM
102-4-1(1. . '.
. 1:00 P.M.l\IILDRED ANN DIACK
#6109. Request for a Variance under
Seetio'n 280-116A2, based on the Build-
ing Inspector's October 11, 2007 Notice
of Disapproval concerning the loca-
tion' of a dlvelling. at 'Ie'ss than 100 feet
from the ordinary high water mark of
the Long Island Soutld, at 1840 Leeton
Drive,$outhold; CIM 58-2-Jl.
1:10 P.M: 1690 BA YVIEW ASSOCI.
ATES #6117. Request for a Variance
under Section 280-116B, based on the
Building Inspector's November 5, 2007
Notice of Disapproval concerning pro.
posed alterations to, the existing first
floor, new second-floor addition over
the existing first floor, which new con-
struction areas will be less than 75 feet
from the bUlkhead adjacent to Goose
Creek, at 1690 Bayview Road, Southold;
CTM 70.12.37.
1:35 P.M. SANDFORD and ELIZA.
BETH FRIEMANN #6114. Request
for Variances under Sections 280-116B
and 280-124, based on the Building In-
spector's amended November 26, 2007
'. Notice of Disapproval concerning pro-
posed additions, -swimming pool, and
;(~~
Principal Clerk
~D
'1t1~
CHRIST Y '~KI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01.Y061 05050
QualIfied In Suffolk CoUnfy..,
"'ommlsslon Expire. February 2B. 200B
-~--
Southold, New York 11971-0959, on alterations to Ute ~xi$ting-single-family
THlTRSDAY JANUARY 24 2008. dweJtiDg, wmch new -construction:_ (a)
9:30 AM. CHARLES HILL #6111. \Vi!! Ii< less tllan 7-.'1 feet from the bulk.
Request for a Variance under Section head adjacent to CUtchogue Harbor and
280-15, based on the Building Inspec- (b) will exceed the code limitatioo. of
tor's November 5, 2007 Notice of Dis- 20% maximum lot coverage. Location
approval concerning an as-built acces- of Property: 1165 Old Harbor Road,
sory shed in a yard other than the code- New Suffolk; CTM 117-3-8.4.
required rear yard, at 655 Lake Drive. 1:50 P.M. RICHARD TRIPPTREE
Southold; CfM 80-3-20. #6118. Request for a Variance under
9:40 AM. DEBRA LACHANCE Section 280-124, based on the Building
#6133. Request for a Variance under Inspector's September 7, 2007 Notice
Section 280-124, based on the Building of Disapproval concerning a proposed
Inspector's November 14, 2007 Notice porch addition which wil~be less than 40
of Disapproval concerning a proposed feet from the front lot line, at 910 Wa-
addition to the existing single-family basso Street, Southold; CTM 78~3-50.1.
dwelling, which is proposed less than 2:05 P.M. FRANCIS J. COUITS
10 feet from the side yard, less than 25 FAMILY TRUST by G. Hallenbeck III,
feet for total side yard setbacks, and less Trustee #6098. (Continued hearing). Re-
than 35 feet from the front lot line, at 630 quest for Lot Waiver to Unmerge. Loca-
Ruch Lane, Southold; CI1\II52.2-26. tion of Property: 10650 Sound Avenue
9:55 AM. ROBERT and MARY at corner of Factory Avenue, Mattituck.
KATE DIGREGORIO #6115. Request CIM 142-1-3.2 and 3.3.
for Variances under Sections 280-15B, 2:20 P.M. KINGA CRARY #6108.
28Q..15C, 280-124. based on the Building Requests for additions and alterations
Inspector's October 15;2007 amended to accessory building with: 1) proposed,~
Notice of Disapproval concerning a habitable space for studio workshop as I
proposed accessory garage on this shown in t~e proposed layout of the aCM !
16,586 square foot lot. The new garage cessory bUlldmg, (2) proposed noncon-
is proposed at 22 feet in height in a loca- forming setbacks from the side and rear
tion at less than 20 feet from the side lot lot lines at less than three feet, and (3)
line and less than 35 feet from the front proposed dormers exceeding 40% of,
lot iine at 1000 Oak Street (at Pierce the roof width. Location of Property:
Drive),'Cutchogue; CTM 136-1-36. 355 Skippers Lane, Orient; CTM 24~2-4.
10:05 A.M. RUSSELL E. PLAN- 3:00 P.M. EDNA McNULTY (and
ITZER #6112. Request for a Vari- JOHN C. DILLER and HOLLY ~.
ance under Section 280-14, based on DILLER) #6090. Request, for a Van-
the Building Inspector's October 30, ance under Zoning qo~e Section
2007 Notice of Disapproval concern- 280-18, based on the .Buildm~ Inspec-
ing proposed alterations to an existing tOf'S July 26. 2007 Notice of Dlsapprov-
third-story living area in a single-family al which states that the Bulk Schedule
dwelling, fOf the reason that the Code requires a minimum lot area of 40,000
limits construction to 21/2 stories in square feet. and, the area of CIM Parcel
height.LocationofPrope'rty:SouthSide 1000-145-02-1.5 will be reduced from
of Ocean View Avenue, Fishers Island; 20,877 square feet to 20,093 square
CfM 9-11-3.1. feet, creating a greater degree of non-
1O:25AM.JOHN CORBLEY #6119. conformity, with a lot line change to en-
Request for Variances under Sections large CfM Parcel 1000-145-02-1.4 from
280-122,280-124, based on the Build- 22,151 square feet to 22,936 square feet.
ing Inspector's October 4, 2007 Notice Both parcels are currently nonconfo~-
of Disapproval and Zoning Code Inter- ing in lot. size in the ~~ Low.Denslty
pretation #5039 (Walz) concerning pro- Residential Zone Dlstn~t, located at
posed additions and alterations to the 160 and 240 Great Pecomc Bay Boule-
existing single~family dwelling, which vard, Laurel. .
new construction will create a new non~ The Board of Appeals Will hear all
conforming side yard setback, and will persons, or their representat~ves, desir-
create an increase- in the degree of non- ing to be heard at each heanng, andlor
conformance when located less than 15 desiring to submit written statements
feet on one. ~ide yard and less than 35 before the conclusion of each hear-
feet for both side yard setbacks (total), ing. Each hearing will Dot start earli~r
at 680 Mason Drive, Cutchogue; CfM than designated above. Files are avail-
104-7-3. able for review during regular business
11:05 A.M. GARY GUJA #6116. hours ,and prior to the day of the hear-
Request for Variances under Sections ing. If you have q\iestio~s, p~ease do not
280-124 and 280-242A, based on the hesitate to contact our, office at (631)
Building Inspector's September 17,2007 765-1809, or by email: Linda.Kowalski@
Notice of Disapproval concerning pro- Town.Southold.ny.us. .
posed additions and alterations to the Dated: January3, 2008.
existing. single-family dwelling, which ZONING BOA'RD OF APPEALS
new construction will create a new non- GERARD P. GOEHRINGER,
conformance or. increase the degree of CHAIRMAN
nonconformance with setbacks total- . By Linda Kowalski
ing less than 35 feet on both side yards, 54375 Main Road (Office Location)
at 372 North Drive. Mattitucl:: CTM 53095 Main Road (Mailino Address!
. c .
.-
, 1(;l1tJ:'
OWNER
6
LAND
IMP.
00
/ .f~~
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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
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http://southoldlown.northfork.nel
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
.
. Maili02 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)
Soulhold, NY 11971
RECEIVED
q J~.~~L~ 103 f"1n.
NO;;'; 2 8 2006
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$ollfliolcl TOWD Cler.
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 9, 2006
ZB File No. 5965 - Debra Lachance
Property Location: 630 Ruch Lane (at Arshamomaque Pond), Greenport
CTM 52.2-26
SEaRA 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 applicanfs 7,983 square foot parcel has 48 feet along Ruch Lane
and lot depth of 168.77 is improved with a two-story, single-family dwelling, shown on the survey prepared on
2/26/06 updated 4/5105 by John C. Ehlers, Land Surveyor.
BASIS OF APPLICATION: Based on the applicant's request for a building permit and the Building Inspector's
April 24, 2006 Notice of Disapproval, amended October 2, 2006 citing Sections l00-33B & C (280-15) and
10Q..244B (280-124), Variances are requested to locate an accessory garage with a setback less than 35 feet
from the front lot line and less than three feet from the side 101 line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 26, 2006, 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 relavent:
AREA VARIANCE RELIEF REQUESTED: The applicant submitted an application for an eccessory, one-story
accessory garage (14' by 20') at two (2) feet from the side property line at +/-5 feet from Ruch Lane.
AMENDED RELIEF REQUESTED: During the October 26, 2006 public hearing, the_applicant was requested
to furnish an alternative plan, moving the garage closer to the existing dwelling and in more conformity to the
code required minimum 35 feet from Ruch Lane and required minimum of three feet from the side property
line. On November 1, 2006, the applicanfs architect submitted an alternative plan, reducing the size of the
garage from 14 feet x 20 feet to 10 feet x 18 feet. The alternative plen A-101 with a revision date 1Q..31-2006,
shows a placement of a smaller garage seven (7) feet from the side property line, matching the same seven
(7) setback of the existing dwelling, and proposed at 18 feet and 16'7" from the front lot line at Ruch Lane,
measured from the two front comers of the garage.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
I. Grant of alternative relief will not produce an undesirable change in lhe character of the neighborhood or a
detriment to nearby properties. The owner desires to add an accessory garage between the Road and the
.
Page 2 - November 9, 2006 -
ZB File No. 5965 - Debra LachancP'
CTM No. 52-2-26
..
applicanfs reconstructed dwelling. Placement of garages closer to Ruch Lane Is not uncommon In this
neighborhood, however, the orlginallocaUon which was proposed at 5 feet by applicant from Ruch Lane and 2
feet from the side line was not the minimum necessary In relation to the code requirements. Slnca the lot is
narrow at 48 feet and substandard In size containing less than 8,000 square feet
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursua, other than an area varianca because there Is Iimtted area in the front yard due to the location of the
existing house; the rear yard is adjacent to Arshamomaque Pond which has restricted areas under the
environmental regulations.
3. The variances granted herein are substantial.
4. The difficulty has not been self-created.
5. No evidence has been submitted to suggest that a variance In this residential community will have an
adverse impact on the physical or environmental condttions in the neighborhood. The area consists of several
garages In similar locations on lots narrow In width.
6. Grant of the requested relief 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 Goehringer, seconded by Member Dlnizlo, and
duly carried, to
DENY the variance as applied for, and to
GRANT altematlve relief for a 10 ft. by 18 ft. accessory garage at a minimum of 16'7" and 18 feet from
the front 101 line, adjacent 10 Ruch Lana, and a minimum of seven (7) feet from the side lot line, as
shown on the revised 10-31..()6 plen A-101 prepared by David Howell Design, subject 10 the following
Conditions:
1 . That the height measured from ground to the top of the ridge shall not exceed 12 feat;
2. That the garage shall be no closer than 18 feet from the front property line.
3. That the garage shall be used as an accessory wtthout plumbing or heating.
4. That the garage shall be for storage and parking of vehicles, and not for non-habttable space.
Any deviation from the variance given such as extansions, or demolttions which are not shown on the
appllcanfs diagrams or survey site maps, are not authorized under this application when InvoMng
nonconformltles under the zoning code. This action does not authorize or condone any current or future lise,
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 natura for an alteration that
does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinlzio, Simon, and Weisman. This
Resolution was duly adopted (5-0). a
171J" /;), ~:" ,
Ruth D. Oliva 11 r' -
Approved for FIling
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
---------------------------------.--.-.-----.-----.--J{
In the Matter of the Application of
IJcbrilf., t.p C41!lUue
(Name of Applicants)
CTMParcel #1000- 52. - 2. - 26"
----------------.--------------------------.---------)(
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AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
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C.~J.';j 'e
t.d,M"! residing at 3.2/fS- Milt'" 1ft}.
, New York, being duly sworn, depose and say that:
On the 10 dayof:74 nV/I,Y ,t.tJI?8, I personally mailed at the United States
Post Office in CuJ.J. ~ "4 . New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to
current owners shown on the current assessment roll verified from the official records on file
with the lXl Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or priv~~e street, or vehicular right-of-way of record,
surrounding the applicant's property,' ,
Sworn to before me this
16 dayof...J::;"""'J,20Q?
~IZ
(Notary Public)
PIlI! !. Me.lIEVY
NOlMY PUILlC .STATE OF NEW YOlK
No. 02MC6U15U
Qualllled In Suffolk Counfy
My Commllllon Expire, Augu'f 0.. 2009
PLEASE list, on the bac of this Affidavit or on a sheet of paper the lot nunlbers next to the
owner names and addresses for which notices were mailed. Thank you.
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Total Postage & Fees $ $5.21
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
--.---------------------......-----.--------------.--)(
In the Matter of the Application of
OebrA. t <t Chan ~~
(Name of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- S't - 2.. - 2 tf
-.---------------------------------------------------J(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Ro6~f t..d,,,,1" f- residing at 3.2/9S- Inti,,, ~J.
C "'/'&1"5 "e , New York, being duly sworn, depose and say that:
On the /6 day of J'." VM'Y ,U()8, I personally placed the Town's official
Poster, with the date of hearing and natun; of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)-
facing the street or facing each street or right-of-way entrance;. and that
I hereby confirm that the Poster has remained in place for seven days prior to t~~t date of
the subject hearing date, which hearing date was shown to be ;r.r." UA")I :J. 4- J U"a
Sworn to before me this
I Ft1! day o~,-,,."7' 200cf'"
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1'11I11, MC""W
NOtAIIY PUII.IC-S"'" OF NlW YORK
No,02MC6Ullll.
Qualllled In lullolk County
My C:ommll.lon Expl,e. Augu.1 0.. 2009
"'neat the entrance or driveWay entrance of my property, H" the area most vlstble-ttrpassersby.
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