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APPEALS BOARD MEMBERS
Ruth D. Oliva,V~airwoman
Gerard P. Goehringer , Cl1a:iJJran
James Dinizio, Jf.
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
http://southoldtown.northfork.net
RECEIVED 'r
PJ 3. S'L
FINDINGS, DELIBERATIONS AND DETERMINATIO~~
MEETING OF FEBRUARY 7, 2008 Soulhold Town Cler.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
ZB File # 6111- CHARLES HILL
Property Location: 655 Lake Drive, Southold
CTM 80-3-20
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.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required
under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Department of Planning issued its reply dated December 10, 2007 stating that this application
is considered a matter for local determination as there appears to be no significant county-wide
or inter-community impact.
PROPERTY FACTSIDESCRIPTION: The applicant's 13,300 square foot non-conforming lot is
located in the R40 Low-Density Residential District with 60 feet along Lake Drive and is
improved with a one and one-half-story house and accessory garage, as shown on a 10/3/2006
Title Survey prepared by Reddan Surveying, Inc.
BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the Building
Inspector's November 5, 2007 Notice of Disapproval concerning an as-built accessory shed in a
yard other than the code-required rear yard.
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 is requesting a variance for the 142 square
foot as-built (existing) shed shown on Diagram of Shed Dimensions with ZBA date stamp of
11/19/07, which is 1.4 feet from his easterly side yard.
.
.
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Page 2 - February 7, 2008
ZB File No. 6111- Charles Hill
CTM No. 80-3-20
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)(l). Grant of the variance will not produce an undesirable change
in the character of the neighborhood or a detriment to nearby properties. The traveled edge of
Lake Drive extends approximately 17 feet beyond the applicant's lot line, which gives the appearance
of a 43 front yard setback line from the house. The shed is tucked far enough back from the front line
as to be hardly noticeable.
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 applicant needs the
shed for storage of his boating and outdoor equipment. There will be no storage of any liquid other
than for cleaning purposes. There is no danger to the waterway.
3. Town Law &267-b(3)(b)(3). The relief requested is substantial III relation to the code
requirements, and is the maximum relief that the Board will allow.
4. Town Law &267-b(3)(b)(5). The difficulty was created when the applicant decided to build the
shed.
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. Sheds are common in the neighborhood.
6. Grant of the relief requested is the minimum action necessarv and adequate to enable the
applicant to enjoy the benefit of the shed to store the owner's equipment, 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 Oliva,
seconded by Member Dinizio, and duly carried, to
Grant the variance as applied for, as shown on the 10/3/2006 title survey by Reddan
Surveying, Inc., and Diagram of Shed Dimensions with ZBA date stamp of 11/19/2007.
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
. ,
.
.
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Page 3 - February 7, 2008
ZB File No. 6111- Charles Hill
CTM No. 80.3-20
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: Vice Chairwoman Oliva, Member Dinizio, and Member Weisman,
This Resolution was duly adopted (3-0). Absent were Chairman Goehringer and Member
Simon.
~J1- &~.~
RUTH D. OLIVA, CHAIRWOMAN
Approved for Filing
2/.1..1 /2008
.
.
FORM NO.3
NOTICE OF DISAPPROVAL
faffl
TO: Charles Hill
655 Lake Drive
Southold, NY 11971
DATE: November 5, 2007
:~ .... ,f" ~ '" If: Q
Please take notice that your application dated October 29,2007
For permit for an "as built" accessory shed at
NOV; 9 iU07
6///
ZONING BOARD OF APPEALS
Location of property 655 Lake Drive, Southold, NY
County Tax Map No. 1000 - Section 80
Block-1
Lot 20
Is returned herewith and disapproved on the following grounds:
The "as built" accessory shed, on this non-conforming 13,300 square foot lot in the R -40 District. are
not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and
structures shall be located in the required rear yard.
The "as built" accessory shed is noted as being located in the side yard.
This Notice of Disapproval was written based on a survey dated October 10. 2007. bv Frank
Watso
-~
\
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the South old Town Building Department.
.,
SHOTS TAKEN ALONG BULK H(AD ARE TAKEN
AT GROUND LEVEL AT THE FACE AND TOP AT
THE BACK
BASIN
S78057'OQ;E
SURVEYOr
PLOT 1
MAP OF RE-SUBDIVISION or BLOCK f
MAP or REYDON SHORES
FILED OCTOBER 7. 1936
MAP i11215
S.C,T.M. 1000-80-3-2Q
SITUATED AT
655 LAKE DRIVE
BAYVIEV
TOWN or SOUTHOLD
SUFFOLK COUNTY. NE\J YORK
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TITLE SURVEY
THIS DRAVING IS CERTlrrED TO THE rOLLOVING PARTIES,
OVNERS - CHARLES B. HILL 8. LYNN B. HILL
HILL
........
655 LAKE DRIVE. BAY\I1EW
lKllit:mL
REDDANSURVEYlNG.INC
CONSTRUCTION SURVEY
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APPLICATION TO. SOUTHOLD TOWN BOARD OF A
Fee: $& Filed By:
For Office Use Only
Date Assigned/Assignment No.
r""e:: ""'S:::'''EO
rwv !" 2007
~ !PII!
Office Notes:
ZONING BOAR OF APPEALS
House NO'0s'.s Street (./ft<.... Pit .
SCTM 1000 Section~Block -=> Lot(s) :;)0
Hamlet
i1;t&1 5Jcf1.47
Lot Size
Zone
I (WE) APPEAL 'l'HE WRITTEN DETERMINATION OF THE BU,ILDJNG INSPECTOR
DATED ,tI'7-/0 7 BASED ON MAP DATED jJ /;0 It} 7
. I / / /
Applicant(s)/Owner(s): C~/}/.:! (~")../~ )J. i (
, 31 ~~ .&We. / D tuA,r"/'(/,,,,,
cl L
Telephone: y,/y 7693.;7'5 Fax #:
I/.Y /0605
MailingAddress:
Email:
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
,"'en dee, etc. and name of person who agent represents:
Name of Representative:
for ( ) Owner, or ( ) Other:
Agent's Address:
Telephone
Fax#:
Email:
Please .sJseck box to specify who you wish correspondence to be mailed to, from the above names:
-ErApplicant/Owner(s), or D Anthorized Representative, or D Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED hl79'!t? 7 and DENIED
AN APPLlCA nON DATED I~I '\ II! 7 FOR: / /
D Building Permit /
D Certificate of Occupancy D Pre-Certificate of Occupancy
D Change of Use
.Wermit for As-Built Construction
DOther: CX,~T,I1<, 5/1~O
/
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article Section 280- Subsection
7
Type of AeJleal. An Appeal is made for:
ED\ Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 280-A.
o Interpretation of the Town Code, Article Section
D Reversr or Other
A prior appeal 'ri has, ~s not been made at any time with respect to this property, UNDER Appeal
No.5'llL Year Ji)D0 . (Please be sure to research before completing this question or call our office for
assistance.)
Name of Owner:
.
ZBA FiI.
REASONS FOR APPEAL (additional sheets mav be used with DreDarer's sir mature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced .in the J";HARACTER of the nei,!hborhood_ or a
detriment to nearby properties if granted, because:".1 Pl~ :s~ep' 15 Ocq t5 r S, r-e ./" ./'fl/
;)j ;11<. c.Cf>'l<./fIG<. n, f'J EXCYT Ohe /fe',')<< (u.-j"d, J'1f) T/1?n,/ O(U)1'S) c
#Z- 54.e.t'5/J~ea (awcIY1G">\ '5lgAT TM~7i< (cnCbr>1lAJllr'1'
(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: - Cue. .5/9IL f:, s /I C~ > ~
if5/(1 J. <)/mf'G, . f}e~. j/,j 511<::0 tJL'Y'&c-9T<:Z .0. E.9~rn~.
de 5J.e4 J.5 I-I;IKC (=y-(.e T<:J /17 Pll5 7,1>1<:,
(3) The amount of relief requested is not substantial because: S/9m<. /7 tn5tv-<",,,< .m-::i:l:l.
(4) The variance will NOT have an adverse <;ffect or impact on th~ physical or environmental conditions
in the neighborhood or district because: ~ 57Q/Z~.R. 1 5' .~/ I E/I v,/?,.." ~~1'T"I(., )-?'~
6e.,11' .k!c>d.;') )<<<0'5. 5/<;'5) ;1eaclla4,/t5~' . I)c~'7""') /oF
/9->1") I'fl(;{/E'XC.<~ /J1.,/c (~Ch1/' {/l"'-<IIJS (8MT:>(;'1/,~) Le,ll
1 f':, e STo,~eJ:J 1 n s/-/<!-F' ,
(5) Has the alleJ:ed difficulty been self~reate,!? (~or ()No._. _
Sj/{lf'(.'-J /.:i';1/1t"P.,'5 a:.COI 01- o,qa),,< /Je,,/I"'I-
Are there Covenants and Restrictions concerning this land: 0 No. 0 Yes (olease furnish coo v).
"
.
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.
ef emethislP
. ,20-rrL.
EST ED, AND P
tyou .~
~
.
Check this box ( ) IF A USE VARIANCE IS BEl
ATTACHED USE VARIANCE SHEET: (Please be s e to CO"
ature of Appellant or Auth rized Agent
(Agent must submit written Authorization from Owner)
MELANIE OOROSKI
NOTARY PUBLIC, State 01 New Yolk
No. 01 D04634870
Qualified in Suffoik County :VO 10
Commission Expires September 30._
. .
COUNTY OF SUFFOLK
~lEtlEll~1E1O
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
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(6311 853-5190
TELECOPIER (6311853-4044
.
.
Applicant: {/~IZ {e,/
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
15. Jk I{
Date Prepared:
I. For Demolition of Existing Building Areas '
Please describe areas being removed: /}o / ~/( .
-;::)( I~r' S t!. E: 0 ~-,^n slleo)r.
II. New Constrnction Areas (New elhug u. N<.. AddldonSlExlellsiulls): 1t;...,.,,>, ;,
Dimensions of first f-l~ sr extel'l~iefl: .5 Jleo-- fix / a <;ht;o .., /,C,-,., ;) (: (chc.75
Dimensions of new second floor: '.f. ~ ~e~~
Dimensions of floor above second level: 1'. . r. . r jne1l4,'''71) -
Height (from finished ground to top of ridge): 9 /.a i,
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: nit.
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas: fJ/J
Number of Floors and General Characteristics BEFORE Alterations: .'
Number of Floors and Changes WITH Alterations:
/7./1
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: Hot.{ 5' e l.s
Proposed increase of building coverage: 5)jep /.5 /';'0 Q I
Square footage of your lot: /3 d QU :s~. ~7.
Percentage of coverage of your lot by buildidg area: tv III She./? /5
V. Purpose ofNe~~~tion: 57cJ/.?4G-e
./
Ij;2).u; 6-~<::/5 9u'=1I
/ "-~ 3 9:)
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
-;1.:.. /!eo/J.f,c'r7 I 5 6-<'/7J<'~~lllf ;Z:(/JT 5{v/V fI!J
/9,P.f'.n. ~ ~ .ctr'Vh 70<.v~/Lb~' 4/47<4,' J
ne> ,"-',::cPS 0/2. /J7/j/Zs#.
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 FILING WITH YOUR Z.B.A. APPLICATION
A.
Is the subjectytemises listed on the real estate market for sale?
DYes 91'0
"
B.
Ar')here any proposals to change or alter land contours?
p-No 0 Yes, please explain on attached sheet.
I) Are there areas that contain sand or wetland grasses? ./J ()
2) Are these areas shown on the map submitted with this application? ,/
3) Is the property bulkheaded 0i,;;en the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have ou contacted the office of the
Town Trustees for its determination of jurisdiction? t"5 Please confirm status of your
inquiry or application with the Trustees: Ott T ();; --SUd'/s 'orC.- Tr''Y\,
and if issued, please attach copies of permit with conditions and approved map.
c.
D.
Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? ;J i)
E.
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? /! 0 (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? ~ /JeW ~
If yes, please submit a copy of our building permit and map as approved by th~ Bui din~ ' __
Department and descnbe: e /?l/1' c.,.( e ....../1/1 C/YJ"T/2ucrrd7'\ C<""'I'{.-I":O
F.
G. Do you or any co-owner also own other land close to this parcel? /JO 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 '5/1''':/<- r ~. [f''>7.
and proposed use ';f}mL (.u.,1-- s H (!{J . .
(examples:.. existing: ingle-family; proposed: same with garage or pool, or other description.)
7 '
~ . /1 n J
Auth riz Signa e and Dat 2105: 1/07
.
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 SOUTH OLD
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
November 26,2007
RE:
Zoning Appeal No.
6111
Transmitted herewith is Zoning Appeals No. 6111 of Charles & Lvnn HiII- 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, L WRP Consistency Assessment Form, Deed, Town of Southold Property Record Card,
Notice of Disapproval, Building Permit No. 32025, the Findings, Deliberations and
Determination from the meeting of March 9, 2006 for ZB File No. 5823, (2) color photographs
ofthe existing shed, Shed Dimensions as Shown and a Survey of the property prepared by
Reddan Surveying, Inc.
.
.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 11/20/07
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
REt~Pf~;)
6111 Hill, Charles & Lynn 2800 $150.00 1
~.,...~.Il!'''''''hr''d "...
...""'-....."'Mti~l'<' .ilOvY"n CEe"
$150.00
'3{
By_
Thank you.
Office Location:
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
February 20, 2008
Mr. and Mrs. Charles Hill
31 Greenridge Avenue #1 D
White Plains, New York 10605
Re: ZBA #6111 - Variance application
Dear Mr. and Mrs. Hill:
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,
G;0
Linda Kowalski
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
Office Location:
.
.
USPS Mailin~ Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P,O, Box 1179
Southold, NY 11971-0959
http://southoldtown,northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD 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 SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY, JANUARY 24, 2008:
9:30 A.M, CHARLES HILL #6111. Request for a Variance under Section 280-15, based on the
Building Inspector's November 5, 2007 Notice of Disapproval concerning an as-built accessory
shed in a yard other than the code-required rear yard, at 655 Lake Drive, Southold; CTM 80-3-
20.
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
/4 - /.L "u ( /'1 r5 ) J,{aA-/<.. 'd'fll.
) - I-k(a y~-"" ?,;-I'~1)
#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 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 a week for -1- week(s), successively, commencing on the
10th day of January, 2008,
Sworn to before me this
LEGAL NOTIt:ts
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY, JANUARY 24,200s
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and Chapter 280 (Zoning), Code
of the Town of Southold, the follow-
ing public hearings will be held by
the SOUTHQLD TOWN ZONING
BOARD OF APPEALS at the Town
Hall, 53095 Main Road. P.D. 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 Interprela-
tion #5039 (Walz Application) and the
Building [nspector's November ]6,2007
Notice of Disapproval concerning pro-
posed additions and alterations to an
existing dwelling, which new construc-
tion creates a new nonconformance or
increase in the degree of nonconfor-
mance when located less than 50 feet
from the front lot line and less than 15
feet on a side yard. Location of Proper-
ty: 1600 Alvah's Lane. Cutchogue: CTM
102-4-8.1.
1:00 PM. MILDRED ANN DIACK
#6109. Request for a Variance under
Section 280-116A.2. based on the Build-
ing Inspector's October 11. 2007 Notice
of Disapproval concerning the loca-
tion of a dwelling at less than 100 feet
from the ordinary high water mark of
the Long Island Sound, at lR40 Leeton
Drive, Southold: CfM 58-2-11.
1:20 P.M. 1690 BAYVIEW ASSOCI-
ATES #6117. Request for a Variance
under Section 280-1168, 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 ",ill 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
K~~
Principal Clerk
10
CHR1~TJ~Jn~-/
NOTARY PUBLIC-STATE OF NEW YORK
NO.Ol-V06105050
Quollfled In Suffolk County
':ommlsslon Expires February 28, 2008
Southold. New York 11971-0959, on
THURSDAY JANUARY 24 2008:
9:30 A.M. CHARLES HILL #6111.
Request for a Variance under Section
280-15, based on the Building Inspec-
tor's November 5, 2007 Notice of Dis-
approval concerning an as-built acces-
sory shed in a yard other than the code-
required rear yard, at 655 Lake Drive,
Southold: CfM 80-3-20.
9:40 A.M. DEBRA LACHANCE
#6133. 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.
9:55 A.M. ROBERT and MARY
KATE DIGREGORIO #6115. Request
for Variances under Sections 280-158.
280-15C. 2S0-124. based on the Building
Inspector's October 15. 2007 amended
Notice of Disapproval concerning a
proposed accessory garage on this
16.5R6 square foot lot. The new garage
is proposed at 22 feet in height in a loca-
tion at less than 20 feet from the side lot
line. and less than 35 feet from the front
lot line. at 1000 Oak Street (at Pierce
Drive), Cutchogue: CTM 136-1-36.
10:05 A.M. RUSSELL E. PLAN-
ITZER #6112. Request for a Vari-
ance under Section 280-14. based on
the Building Inspector's October 30.
2007 Notice of Disapproval concern-
ing proposed alterations to an existing
third-story living area in a single-family
dwelling, for the reason that the Code
limits construction to 21/2 stories in
height. Location of Property: South Side
of Ocean View Avenue, Fishers Island:
crM 9-11-3.1.
m25A.M.JOHN CORBLEY#6119.
Request for Variances under Sections
280-122, 280-124, based on the Build-
ing Inspector's October 4,2007 Notice
of Disapproval and Zoning Code Inter-
pretation #5039 (Walz) concerning pro-
posed additions and alterations to the
existing single-family dwelling. which
new construction will create a new non-
conforming side yard setback, and will
create an increase in the degree of non-
conformance, when located less than 15
feet on one side yard and less than 35
feet for both side yard setbacks (total),
at 680 Mason Drive, Cutchogue; CIM
104-7-3.
11:05 A.M. GARY GUJA #6116.
Request for Variances under Sections
280-124 and 280-242A, based on the
Building Inspector's September 17,2007
Notice of Disapproval concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will create a new non-
___f.911formance or increase the degree of
nonconformance with setbacks total-
ing less than 35 feet on both side yards,
at 372 North Drive, Mattituck: CTM
106-6-29.
alterations to the existing single-family
dwelling, which new construction: (a)
will be less than 75 feet from the bulk-
head adjacent to Cutchogue Harbor and
(b) will exceed the code limitation of
20% maximum lot coverage. Location
of Property: 1165 Old Harbor Road.
New Suffolk; CTM 117-3-8.4.
1:50 P.M. RICHARD TRIPPTREE
#611R. Request for a Variance under
Section 280-124. based on the Building
Inspector's September 7, 2007 Notice
of Disapproval concerning a proposed
porch addition which will be less than 40
feet from the front lot line, at 910 Wa-
basso Street. Southold: CTM 78-3-50.1.
2:05 P.M. FRANCIS 1. coms
FAMILY TRUST by G. Hallenbeck Ill,
Trustee #6098. (Continued hearing). Re-
quest for Lot Waiver to Unmerge. Loca-
tion of Property: 10650 Sound Avenue
at corner of Factory Avenue, Mattituck.
CTM 142-1-3.2 and 3.3.
2:20 P.M. KINGA CRARY #6108.
Requests for additions and alterations
to accessory building with: 1) proposed
habitable space for studio workshop as
shown in the proposed layout of the ac-
cessory building. (2) proposed noncon-
forming setbacks from the side and rear
lot lines at less than three feet. and (3)
proposed dormers exceeding 40% of
the roof width. Location of Property:
355 Skippers Lane, Orient CfM 24-2-4.
3:00 P.M. EDNA McNULTY (and
JOHN C. DILLER and HOLLY M.
DILLER) #6090. Request for a Vari-
ance under Zoning Code Section
280-18. based on the Building Inspec-
tor's July 26. 2007 Notice of Disapprov-
al which states that the Bulk Schedule
requires a minimum lot area of 40,000
square feet. and the area of CTM Parcel
1000-145-02-1.5 will be reduced from
20.877 square feet to 20,093 square
feet, creating a greater degree of non-
conformity. with a lot line change to en-
large CIM Parcel 1000-145-02-1.4 from
22.151 square feet to 22,936 square feet.
Both parcels are currently nonconform-
ing in lot size in the R-40 Low-Density
Residential Zone District. located at
160 and 240 Great Peconic Bay Boule-
vard, Laurel.
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 hear-
ing. Each hearing will not start earlier
than designated above. Files are avail-
able for review during regular business
hours and prior to the day of the hear-
ing. If you have questions, please do not
hesitate to contact our office at (631)
765-1809, or by email: Linda.Kowalski@
Town.Southold.ny.us.
Dated: January 3, 2008.
ZONING BOARD OF APPEALS
GERARD P GOEHRINGER,
CHAIRMAN
By Linda Kowalski
54375 MaiD Road (Office Location)
53u\J:;. Main Road (Mailing Address!
USPS)
P.O. Box 1179
Southold.NY 11971-0959
8662-IT 1/10
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------){
In the Matter of the Application of
cAp. S fJl LC
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
CTM Parcel # 1000-
-----------------------------------------------------){
\...J0-< s;.--l-C \r~ ,. .
COUNTY ct<,c.UJi'FOLKJ ~
STATE OF NEW YORK)
/' J,~~?s jl,; / residing at t5~ {~.4 a. ti~:, <,.
~d , New York, being duly sworn, depose and say that:
On the 3r da~ ~f~, .'?6o(j-, I personally mailed at the United States
Post Office in t7:l:,'fr:: /'~ . 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 ( ) Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or privll<:e street, or vehicular right-of-way of record,
,
surrounding the applicant's property, '
e~ti
,...
.awrn to before me this
r-( day oN fro:;:) , 200()
~~
,
Glenn R, Tartaglia
Notarv Public, State of Nelli Y(irr
" No, 01 TA48::,:B:l i
PLEASE list, on the back of this .davit or on a sheet of paper the lot numbers next to the
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------)(
In the Matter of the Application of
(Name of Applicants)
AFFfDA VIr
OF SIGN
POSTING
~
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
-----------------------------------------------------J(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
?c!, ,iI-I I residing at 65-> ~ fie,
, New York, being duly sworn, depose and say that:
On the 'it day of ,.tfl<:Jor, r personally placed the Town's official
Poster, with the date of hear in and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)-
facing the street or facing each street or right-of-way entrance;* and that
r hereby continn that the Poster has remained in place for seven days prior to t~lat date of
the subject hearing date, which hearing date was shown to be #"7';'<' ~.:f, .
(Signature)
Sworn to before me this
~dayofj.......~ ,2008'
~'DJJ.~
(Notary Pu )
GAlL A. GIfOSlO
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Total Postage & Fees
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if Restricted Delivery is desired. '~-\.
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dressed to:
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,
.1
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
--.-------------------------~------------------------)(
In the Matter of the Application of
~ \E,~\E,~'lJ\E,lQ)
J.b.\'\ S 7()\'MFFID VIT
OFS N
BOARD OfAPP~ G
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
-----------------------------------------------------)(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
?s PI-I I residing at 655"" {4k ~.
, New York, being duly sworn, deposc and say that:
:2
On the e day of ,,,f1oo r, I personalI y placed the Town's official
Poster, with the date of hear in and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closcr 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 continn that the Poster has rcmained in place for seven days prior to t~!at date of
the subject hearing date, which hearing date was shown to be ';;>"7' ;-<. ~.f.
(Signature)
Sworn to before me this
~day ofJ"'-'1ULVu( ,2008'
~a;~o~a~ p!!rj)~~
......-
~!Ec:n.J.L
- -_._---~----- --
---------.----.-------
*near the entrance or driveway entrance of my property, a~ the area most visible to passersby.
FROM :HILL+HILL
.
FAX NO. :9149492721
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TRAN_TIONAL DISCLOSURE FORM .
APPLICABLE TO ~R, CONTRACT VENDEE AND AG~T:
The Town of South old'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.
/hI; (;i1/C(~'S /3 .
(Last name, first name, middle initial, unless you are applying in the name of someone else or
other entity, such as a company. If so, indicate the other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
y-
Variance
Special Exception
'Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
'If "Other" name the activity:
Do you personally (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes bv
blood. marriage. or business interest. "Business interest" means a business. including a
partnership. in which the Town officer or emplovee has even a partial ownership of (or
em 10 ment b a co oration in which the Town offi er or em 10 ee owns more than 5% fthe _______
_shares..
YES NO
If yo II 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 0 (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.
DESCRlPTION OF RELATIONSHIP
:::::'llii"~JV
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,
Town of South old
.
.
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicmlts for pennits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This
assessment is intended to supplement other infOlmation lIsed by a Town of SOllthold agency in
making a determination of consistency. * Except minor exempt actions including Building Permits
and other ministerial pe1mits 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 explmlations of each policy contained in the Town of Southold Local
Waterfront Revitalization Progrmn. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of South old Town).
3. If any question in Section C on this fOl1n is answered "yes", then the proposed action may ailect the
achievement of the LWRP policy stmldards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximulll extent practicable with the L WRP 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 L WRP is available in the following places: online at the Town of Southold' s website
(southoldtown.northfork.net), the Board of Trustees Office, the Plmming Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM#
<6D --")
-riD
The Application has been submitted to (check appropriate response):
./
Town Board 0 Planning Board 0 Bnilding Dept. 0 Board of Trustees 0
I. Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
o
o
(b) Financial assistmlce (e.g. grant, loan, subsidy)
- -(Cr- ..1>ermir,-approval, license, certillcittion:.
----- [J --
Nature mId extent of action:
ilIt 12. l(h( ~
f'VL 5#f'o
Location of action:
6''5-< ~;9K~
fJ/(.
f7/-7l ~vu-'.
.'
Site acreage:~~ ~ ;1C.A:"'.
Present land use:__---.2/0 (< ~.
!2-Lj ?J
Present zoning classilication:_
----.~._--_._-~-
2. If an application Cor the proposed action has been liled with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant
-__._______n_________
(b) Mailing address:
--_..-._--~..._-.~-
( c) Telephone number: Area Code ( )
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes D NoD
[fyes, which state or federal agency?____u
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community chara~ter,
preserves open space, makes efficient use of infrastructure, makes beueficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
/'
DYes D No 0 Not Applicable
Attach additional sheels if necessary
-Policy Z; -Ptotecrantqjreserve IIislorfcandarchaeorogrcarresolffces iJf11le ToWiiorSou1[Jilld. See L WRP -
Section III - Policies Pages 3 through 6 for evaluation criteria
DYes D No Er Not Applicable
-------- --_._----~
\,.
Attach additional sheets if necessary
.
.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
DYes 0 No ~otAPPlicable
---------._-~-,-._._---_.._.-.- ---
------.----- -----------~---- .--.
-~-------------- ------.---. -- ---- --.------...--- ----------._-----~-~----
Attach additional sheets ifnecessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and naturalresourccs from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for cvaluation criteria
DYes D No c:r;;ot Applicable
Attach additional sheets if necessary
Policy 5. Protect and improvc water qnality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes 0 No c:::r;;ot Applicablc
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetla_nds: _Seel,\\,Rl'~~!if)n_!I1- Policjes; Pllg.eS 22
UiIirough-32forevllluaTIouUciiterii-.... .... ..-..
.0 Yes DNoITNotAPPlicable
.
.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III _ Policies
Pages 32 through 34 for evaluation critel'ia.
DYes D No [j1'Iot Applicable
Attach additional sheds if necessary
Policy 8. Miuimize cnvironmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section 111- Policies; Pages 34 through 38 for evaluation criteria.
DYes 0 No ~.t Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See L WRP Section 111- Policies; Pages 38 through 46 for evaluation
criteria.
o YesD No~otAPPlicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. P.-otect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. Scc LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
-0 Ycs DNo BNO! Applicable
.
.
Attach additional sheets ifnecessary
Policy 11. Promote sustainable use of Iiviug marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 througb 62 for evaluation criteria.
DYes D No D-N:t Applicable
---------_..~---- - ._.._---~--_._-
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town' of Soutbold. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes D No ~ot Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
DYes D No c::r Not Applicable
Created on 5/25/0511:20 AM
'.
'.
.
.
r'l
PROJEcT !.D, NUMBER '
SEQR
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1- Projecl Information (To be complete by Applicant or Project sponsor)
1, Applicant / Sponsor 2. Project Name
3. Projecllocation:
Municipality
County
]
1
1
4. Precise location (Street address and road intersections, prominent landmarks, elc. or provide map)
5. Is proposed action:
( )NEW
) EXPANSION
) MODIFICATION I ALTERATION
6. Describe project briefly:
7. Amount of land affected:
!lnlliaIlY; acres; Ullimalely:
8. Will proposed action comply with existing or other existing land use restrictions:( ) YES
acres
) NO If No, describe briefly:
I
9. What is presenlland use in vicinity of project (describe):
( ) Residential
) Industrial
) Commercial
) Agricultural ( ) Par1<JForest/Open Space
I Other
10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, Slate or Local)?
( )YES
)NO
If Yes, list agency(s) and permiUapprovals:
11. Does any aspect of the action have a currently valid permit or approval?
IYES
)NO
If Yes, list agency(s) and permit/approvals:
12. As a result of proposed action, will existing permit/approval require modification?
) YES ) NO If Yes, list agency(s) and permit/approvals:
I certify that the information provided above is true to the best of my knpwledge
IAPPlicant j Sponsor Name:
Signature:
Date:
If the action is in the Coastal Area, and you Bre a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment
Date: 11/21/07
Transaction(s):
.
Town Of South old
PO Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Check#: 2800
Application Fees
1
Name:
Hill, Charles & Lynn
31 Greenridge Ave 1d
Whiteplain, NY 10605
Clerk ID: MICHELLE
.
Receipt#:
Reference
6111
Total Paid:
2800
Subtotal
$150.00
$150.00
InternallD: 6111
. .
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
MAP #:
HILL, C.
80-3-20
#6111
APPEAL: Yard Location Variance
REQUEST: As-Built Accessory Shed
DATE:
THURSDAY, Jan. 24, 9:30 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
. ZONING BOARD OF APPEAL.
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 South old , NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
December 27, 2007
Re: Town Code Chapter 55 - Public Notices for Thursday, January 24, 2008 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before Januarv 7th:
Please send the enclosed legal Notice, with both a Cover letter including your telephone
number and a copy of your Surveyor Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAil, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If anv letter is returned to YOU undeliverable. YOU are reauested
to make other attempts to obtain a mailina address or to deliver the letter to the current owner.
to the best of your ability. and to confirm how arranaements were made in either a written
statement. or durina the hearina. ~rovidina the returned letter to us as soon as possible;
AND not later than Januarv 8t : please either mail or deliver to our office your Affidavit of
Mailina (form enclosed) with parcel numbers, names and addresses noted, and furnish it to
our office with the white receipts postmarked by the Post Office. When the green signature
cards are returned to you by the Post Office, please mail or deliver them to us before the
scheduled hearing. If any signature card is not returned, please advise the Board during the
hearing and provide the card (when available). These will be kept in the permanent record as
proof of all Notices.
2) Not later Januarv 14th: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver your Affidavit of Postina prior to January 24, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation.
Very truly yours,
Zoning Appeals Board and Staff
Encls.
,
.
.
Office Location:
Mailin~ 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
FACSIMILE TRANSMITTAL SHEET
TO:
Qtu ./.A-U-
Date: i /
/ cJ ifl 0 7
, /
Fax # ~
TOTAL ~./~~AGE~~::UD:~C:JER:
SENDER.tELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
.-
J CL-r> VL-~
~#
~ -I 0200 g-
,
(p 11/
~A /h D, -' Lk (( A..M 6
o URGENT
o FOR YOUR UPDATE 0 PLEASE COMMENT 0 AS REQUESTED 0
NOTES/COMMENTS:
Please find attached copy/copies of the following:
~ ,IQI~ a.-..~ ~! ~ wI
jci::u~ ~ ~) ~ ~1Lt,~
---iA.J.j~ ~ /A/iPS
&u.-u...J
b
Thank you.
Sender's Initials: ~
,
AP;EALS BOARD MEMBERS.
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
hllp:/lsoutholdtown.northfork. net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
. Ma! Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFin;t Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED rf.~
1/:'15 /j~
q;R~
-~
. -~,.
$oufliuid Tr...-n (ferl!
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 9, 2006
ZB File No. 5823 - Charles and lynn Hill
Property location: 655 lake Drive, Southold
CTM 80-3-20
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's list of Actions,
without an adverse effect on the environment W the project is implemented as planned.
PROPERTY FACTSIDESCRIPTlON: The applicant's property is shown as Plot 1 on the Map of re-subdivision
of Block F, Map of Reydon Shores, filed October 7, 1936 with the Suffolk County Clerk's Office. The lot
contains an area of 13,300+- square feet and has 60 feet along lake Drive. The property is improved with a
two-story, single-family house, as shown on the applicant's site plan dated December 6,2005.
BASIS OF APPLICATION: Building Department's November 16, 2005 Notice of Disapproval, amended
November 29, 2005, citing Sections 1oo-242A (VValz Interpretation No. 5039) and 100-244B, in its denial of an
application for a building permit to construct proposed additions and a new accessory garage, for the reasons
that the new construction will constitute an increase in the degree of nonconformance when located at less
than 10 feet on a single side yard, and the proposed garage is proposed at less than 35 feet from the front
yard lot line.
ADDITIONAl INFORMATION: The November 29, 2005 Notice of Disapproval was amended to reflect details
and changes in setbacks that were not included on the rough map submitted under the November 16, 2005
Notice of Disapproval.
FINDINGS OF FACT
The Zonin9 Board of Appeals held a public hearing on this application on March 9, 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 relevant:
AREA VARIANCE RELIEF REQUESTED: The applicants propose: (a) a new 20' x 26' garage facing lake
Drive, with a setback of 23.9 feet to the front lot line, and 41 feet to the edge of the pavement in the easement
of lake Drive, (b) with a side yard setback shown at 7.57 feet from the westerly side lot line, and (c) proposed
first floor additions; (d) second floor reconstruction with cottage style deck, after removing the existing
nonconforming dormer, all as shown on the October 30, 2005 diagrams with applicant's updated hand-written
notations and site plan with updated penciled notations.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
.
f'age 2 - ~arch 9, 2006 Ai
ZB File No. 5823 -Cha~es and L~II"HiII
CTM No. 80-3-20
.
.
.
1. Grant of relief from the code-required front yard setback and alternative variance for a minimum four foot
side yard on the westerly side will not produce an undesirable change in the character of the neighborhood or
a detriment to nearby properties. The traveled edge of Lake Drive extends approximately 17 feet beyond the
applicants' lot lines, which gives the appearance of 43 fl. front yard from the house, although the setback will
be 23 feet from the code-required front yard lot line.
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 applicant is removing the existing accessory shed off the property
as part of this proposed site plan.
3. The relief requested is substantial in relation to the code requirements, and is the maximum relief that the
Board will allow.
4. Although the home is existing with side yard nonconformities, the difficulty was created, based on
applicants' desire to build in these locations wtth an increase in the degree of setback nonconformitles.
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.
6. Grant of the requested relief is the minimum aelion necessary and adequate to enable the applicant to enjoy
the benefit of additions and an accessory garage, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, and
duly carried, to
GRANT the variance with regard to the front vard setback as shown on the October 30, 2005 elevation
and site diagrams with hand-written notations, and to
DENY the relief as applied for with regard to the requested westerly side yard setback, and to
GRANT altemative relief for a minimum four (4) fl. side vard setback for the proposed aaraae on the
westerlv side. and subiect to the followina Conditions:
1. The leaders, down spouts, gutters shall be installed with an adequate drywell system;
2. Lighting shall be shielded to the applicant's property without affecting neighboring lands.
3. The existing accessory shed shall be removed off the property.
4. The garage shall be used for code-permitted accessory uses, and not as dwelling livable area.
5. The westerly side yard shall not be less than four feet for new construction.
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 nonconformlties 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.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. Member Dinizio
was absent. This Resolution was duly ad (4-0).
Ruth D. Oliva, Chairwoman
Approved for Filing
.
FORM NO. 3
.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO.
32025 Z
Date MAY
22, 2006
Permission is hereby granted to:
CHARLES B & LYNN B HILL
PO BOX 223
WHITE PLAINS,NY 10605
for :
ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS
APPLIED FOR PER ZBA #5823 AND DEC AS APPLIED FOR WITH FLOOD PERMIT.
at premises located at
655 LAKE DR
SOUTHOLD
County Tax Map No. 473889 Section 080
Block 0003
Lot No. 020
Fee $
958.00
18, 2006
pursuant to application dated APRIL
Building Inspector to expire on NOVEMBER
'\
COpy
Rev. 5/8/02
.
.
Office Location:
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD 0]<' APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765.9064
November 27,2007
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. 6111
Action Requested:
Within 500 feet of:
Hill
Yard Location Variance
( ) State or County Road
( X ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
James Dinizio, Jr., Chairman
By:
Enclosures
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