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HomeMy WebLinkAbout6116 ~~ I G;ar:<j ;:Jf- Ie Ilia ~ J ttJ...ks Vi g 7:5 ?# tJd1/Jo1 AAA ~7107 'lot 10(., " 9.1 ~. / APPEALS BOARD MEMBERS Ruth D. Oliva. . . Gerard P. Goehringer ' James Dinizio, Jr. . Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Roor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~RECEJVED +- '6: I Lf 10. ~Cl~ SO~~l!ld T~wlI Ollrl FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 7, 2008 Chairman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 ZB File No. 6116 - GARY GUJA Property Location: 372 North Drive, Mattituck CTM 106-6-29 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTSIDESCRIPTION: The applicant's property is located along a 15 ft. wide right-of-way extending off the east side of North Drive in Mattituck, and consists of 31,984 square feet with 89.60 feet on the west end and 361.21 feet along the northerly side line to Mattituck Creek. The property is improved with a two-story, single-family dwelling, as shown on the March 16, 2005 survey prepared by Kenneth L. Woychuk, LB. BASIS OF APPLICATION: Zoning Code Sections 280-124 and 280-242A, based on the Building Inspector's September 17, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconformance or increase the degree of nonconformance with setbacks totaling less than 35 feet on both side yards. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 268 LWRP EXEMPT: The applicant is proposed construction greater than 100 feet from the tidal wetlands adjacent to Mattituck Creek. The application is therefore exempt under LWRP. 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, Page 2 - February 7, 2008 ZB File No. 6116 - Gary Guja CTM No. 106-6-29 . . 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 relief requested is shown on the 4/13/2006 site map prepared by JL Drafting, Inc. (Drawings A-I, A-2, A-3), for a second-story addition and interior alterations, within 35 feet of the southerly side yard, and resulting in total side yard setbacks of 30 feet (10 feet existing from the northerly side lot line and 20 feet proposed from the southerly lot line). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will replace an existing deck on the second floor. The intended use of the addition is a master bathroom which is an allowed use in this neighborhood and will not increase the side yard setback beyond the existing conforming setback of 20 feet. 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 benefit of a master bathroom can only be achieved by installing it off the master bedroom which is located on the second floor of this house. 3. The variance granted herein is not substantial. The proposed addition will add only 180 square feet to the second-story of the existing house. It will not increase the side yard setback beyond the existing conforming setback of 20 feet. 4. The difficulty has not been self-created. The Building Inspector has apparently interpreted that building an addition onto any part of a house with a nonconforming total side yard setback is not allowed by the code regardless of the fact that the new addition will neither produce a new nonconformities nor increase the degree on nonconformity. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-story bathroom, 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 Dinizio, . ~ Page 3 - February 7, 2008 . ZB File No. 6116 - Gary Guja CTM No. 106-6-29 . seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the 4/13/2006 site map prepared by JL Drafting, Inc. (Drawings A-I, A-2, A-3). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio, and Weisman. Chairman Goehringer and Member . on were absent. This Resolution was duly adopted (3-0). RUTH D. OLIVA, Vice Chairwoman 3/7 /08 Approved for Filing . . FORM NO.3 NOTICE OF DISAPPROVAL DATE: September 17, 2007 TO: Gary Guja 372 North Drive Mattituck, NY 11952 -,-- i;~..,- ~-~ t;;' (t ~i. '!:~ ~\ For permit to construct a additions & alterations to an existin NOVr 6 2007 all(. BOARD OF APPEALS Please take notice that your application dated September 7, 2007 Location of property 372 North Drive. Mattituck. NY County Tax Map No.1 000 - Section 106 BlockJi Lot-12 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to an existing single familv dwelling on this non-conforming 31.979 square foot lot ill the Residential R -40 District is not permitted 1Jursuant to Article XXIV Section 100-242A. which states: ~ "Nothin in this article shall be deemed to revent the remodel in reconstruction or enlar ent of a non-conformin buildin containin a conformin use rovided that such action does not create anv new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Article XXIII Section 200-124. states that nonconforming lots measuring less than between 20.000 and 39.999 square feet in total size. require a total side vard setback of 35 feet. Following the proposed addition. the dwelling will have a total side vard setback of +/- 30 feet. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southo1d Town Building Department. ? ~"?^) ,\. APPLICA& TO THE SOUTHOLD TOWN BO~OF APPEALS Fee: $ Filed By: For Office Use Only Date Assigned/Assignment No. Office Notes: . 07 House No,jl d-. Street AJo"'~ Q('\\Ie./ Hamlet SCTM 1000 Sectiou ID h Block c:, Lot(s)~Lot Size , 7':5 AGrC/ APPEALS Zone feSIOe,,'t,"Ic. R-'1O I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED r -/ 7 -0, BASED ON MAP DATED "3 - / b - OJj Applicant(s)/Owner(s): G-Pr('1 G-v Jft ()ebOf~h C-u\l-.fl MailingAddress: 3 '7 ~ A1 0 f'\ h. c) (' \ V e, Telephone: ?--q ~ - ::n. ') 7 Fax #: Email: Sa.mdc fee., ~ AoLCo"",- 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: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax#: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: rJ('Applicant/Owner(s), or 0 Authorized Representative, or 0 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ;j -/6 -O~nd DENIED AN APPLICATIO,N DATED !1}i:-Y-7-fJ7 FOR: '1li'Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XY-I II Section 280- / d.-,/ Subsection Type of Appeal. An Appeal is made for: 1!J(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 A prior appeal 0 has, 0 has not been made at any time with respect to this property. UNDER Appeal No.l..3U:L Year 1'f70 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: . .. ~ I \~ ~A File # REASONS FOR APPEAL (additional sheets mav be used with oreoarer's si"nature): 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: NO S '~ I" I 1=, c A V\ I ChA-lI\~e- 1-0 5/,,1,) c,\ u r-e. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible fo,: the applicant to pursue, other than an area varianc~, because: Bu I Lol Ih~ 0 Ue,r <: j.IS'l, Vie) L\v\~~ A-l"eA- 01"'\ (Y'14Ih. pLoof'. (3) The amount of relief requested is not snbstantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 13 () I l T ()J Ill, '.-. 1"""0 tJ ",d 14-7 t 01" 0 r r-"CI prlV\\ 0 f ~KIS"V.5 .s/rvc...lure (5) Has the alleged difficulty been self-created? ( )Yes, or (~ Are there Covenants and Restrictions concerning this land: 0 No. 0 Yes (olease furnish coovl. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to onsult your atto ey.~ Sworn to before me tbis 2{;~ day of j/6 d. , 20<:9 7 . -~/~9 Notary Public FRANCIS W. DEEGAN Notary Public, State of New York No. 30-5957692 Qualified in Nassau County Commission Expires July 31, 20JE IRl~CC~D\#~1O) DEe 1 9 . STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS 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 detennination should not be construed as either an approval or disapproval. Applicant( s) Municipal File Number(s) Diack Hill Planitzer LaChance F rienmann 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 . (631) 853-5190 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD BUILDING \- -., ARTMENT TOWN HALl. SOUTHOLD, l'oiY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/SouthoId/ . BUILDIN~RMIT APPLICATION CHECKLIST Do" have or need the following, before applying? Board of Health "" 4 sets of Building Plans Planning Board approval . Survey Check I ..:; 0 ,0 D Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: . PERMIT NO. Examined Expiration ,20 ,20_ Approved Disapproved alc ,20 Phone: D ISh IPJIM V It L Of!1.J- WHeN ctmPLfTe #- -, '2 r~11 APPLICATION FOR BUILDING PERMIT I C6 '7 ,! Date 1;)..-/3 - C:> -6 , 20~ \ SEP - 1 ii, INSTRUCTIONS F T~lsapPlication ~a~~t~v:JmPletelY filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of lans ~ac.cura.te-l'let . . .Fee according to schedule. , b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval ofthis 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 the Town of South old, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. t or name, if a corporation) .... 37'd- A100TL Or MAl1lllirlc,u Y I JqS;; (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder C)WhC'r Gu~A (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer G-4 A- Y Name of owner of premises (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of land on which prQP/;:.d work will be done: "3 7 d... ;//0(' iJ r House Number Street Hfl-l1 tlucJC Hamlet (Name) Block G Filed Map No. Ii Lot a 9 Lot County Tax Map No. 1000 Section ----t e G Subdivision J 2. State existing use and occupancy o.emises and intended use and occupant,f proposed construction: a. Existing use and occupancy e e J rat) ~ ... d-..... "_~ . ........ - b. Intended use and occupancy Bed'roofl'l -r BAlhroc\1"-\.- ~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition ~ Other ork Alteration 4. Estimated Cost fO he de.lev.-"....d Fee (Description) 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front Rear Depth 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES-&- 13. Will lot be re-graded? YES-& Will excess fill be removed from premises? YES_ NO_ 14. Names of Owner of premises (fA1 GuJ/<\ Address 3?~ ,ve-r7t D r Phone No. d-98 -3;2 7? Name of Architect fJoht? r;,e e.-L f' &- Address 707 Rwle 110 FQ,...,~ne No c.; 3 / - 7 5S-~ Name of Contractor . Address I Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _~ * 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~~~UL) G-17R (Name of indivi being duly sworn, deposes and says that (s)he is the applicant I signing contract) above named, (S)He is the (l)Wnf: r (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to pelform 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. 0Vl1oev 2rD6 " MELANIE OOROSKI NOTARY PUBLIC, State of New York No. 01004634870 Quamied in Suffolk County. ~ \ 0 Commission Expires September 3~ " . . Jt ~l\b APPLICANT'S PROJECT DESCRIPTION (Por ZBA Reference) Applicant: G-~ r-y C-;; '"J A Date Prepared: I. For Demolition of Existing Building Areas A Plete des'ifibe areas being removed: 9-f\C1 S., 0(' c.- rU8'lOe, rOO F + €.-ACX'AIJ t...t.I~ 10 ~ 1.\/IYlj ey'rCl"lor Pee,\<" II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: , . Dimensions of new second floor: ,- , ().. 'i- (.6 Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessary) -- Please describe building areas: ':I Number of Floors and General Characteristics BEFORE Alterations: (J' Oec..K. - FLAI AooF 0 \) er- @_llt..> TI~S I Sf ,:::.toor -enc.Lo.se. t're.-e....q~TI..,~ ~,TChe/1 Number of Floors and Changes WITH Alterations: e,nl -'(0)1 110 5'(, FT j I 'N1j IV, Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: () Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: f\ 00 fY\A E, "I er- OA \ h. 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): prt~ett (.\ \.jl~;\-.. ~DtT fr,";, of P-t 15 r/~S 'J. ncf Sr() rv f ~ () ~ e ~ 1')(1 \A 1..1"Lt I Q '^ 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. APPUCATION A. Is the subject premises listed on the real estate market for sale? DYes 4No B. Are there any proposals to change or alter land contours? ~ No DYes, please explain on attached sheet. C. I) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D.. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? MO E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? AI t:J (Please show area of these structures on a diagram if any exist. Or state "nol1e"'on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? JJ CJ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? N eJ the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel J U I ~f' t'\ 't \ O'\-L. and proposed use ~les: eXisti~:' proposed: same with garage or pool, or other description.) Authorized ~e and D~ - 2/05; 1107 ~\~ t~ 'r-: I ~ . . 'I 'ROIEc'r I.D. NUMB'R . SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant! Sponsor 2. Project Name MASle.y- County 1O~~('c>c. ~ IT'h.UA 0 ~ 50~OlO . Ml4-lritvL.k.. 4. Precise location (Street address and'road intersections, prominent landmarks, etc. or provide map) 103 7 a.... A.J 0.'\ 1\.-. 5. Is proposed action: O('\.Je,.. h ~IT ,1 uC- k. AJ,/ 1I96J- ] 1 ( )NEW ) EXPANSION ) MODIFICATION I ALTERATION 6. Describe project briefly: 8t'le\..OSC pre--e.-J.'-J""'~ r-t\ (YI~IC"- b~OI'-, P/'C;,Jec.l. PU>or PLAT rOC Fe.e () ~ 4. - ovef' e.f;JTI~ '1.$ I v/..Oor , D""""" - "To CreA/e " K I TC-h e.r1. <L. IniliallY:O acres; Ultimately: 8. Will proposed action comply with existing or other existing land use restrictlons:( acres ES ) NO If No, describe briefly: ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does actlon involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local)? ( ) YES ( ) NO If Yes. list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? -- ( ) YES ("'1 NO If Yes, IIsl agency(s) and perrniUapprovals: 12. As a result of proposed action. will existing permit/approval require modification? ( ) YES ( ) NO If Yes, Ust agency(s) and permit/approvals: I~"""m' ,~~ ,~. ~:;'"~~'"~ '00'"" ~':':"'''.'''"''~'' Signature: If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . . USPS Mailing Address: Office Location: Town Annex /First 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 Mr. Gary Guja 372 North Drive Mattituck, New York 11952 Re: ZBA #6116 - Variance application Dear Mr. Guja: 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, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 27, 2007 RE: Zoning Appeal No. 6116 Transmitted herewith is Zoning Appeals No. 6116 of Garv Guia- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval, Applicant's Project Description, Application for Building Permit, Town of Southold Property Record Card, Questionnaire for Filing with the Z.B.A. Application, Short Environmental Assessment Form, L WRP Consistency Assessment Form, Proposed 2nd Story Addition & Interior Alterations Site Plan & Details, Foundation Plan, First Floor Plan, Second Floor Plan, Sections and Elevations. . .. 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 Fa" (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 South old, 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: 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 proposed additions and alterations to the existing single-family dwelling, which new construction will create a new nonconformance or increase the degree of nonconformance with setbacks totaling less than 35 feet on both side yards, at 372 North Drive, Mattituck; CTM 106-6-29. 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 /'7 - I LtV C f7 r~ I 'o/'~-'C:r-" ) - J... kea~" ?-,;-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 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 -L- week(s), successively, commencing on the 10th day of January, 2008. Sworn to before me this LEGAL NOTICE SOUfHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUj\.RY 24, 200ll 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 SOUTHOLD 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 Interpreta- tion #5039 (Walz Application) and the Building Inspector's November 16,2007 Notice of-Disapproval concerning pro- posed additions and alterations to an existing dwellirig, 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; CfM 102-4-KI. 1:00 P.M. MILDRED ANN DIACK #6109. Request for a Variance under Sectio'n 280-116A.2, based on the Build- ing Inspector's October 11,2007 Notice of Disapproval concerning the loca- tion of a dwelfing at less than 100 feet from the ordinary high water mark of the Long Island Sound, at 1840 Leeton Drive;SouQlOld; CTM 58-2-11. 1:'20 P.M.-f690 BAYVIEW 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 tD 2008 ilr~-h\11 ~ CHR'lh~1 V6LINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 0 l-V061 05050 Qualified In Suffolk County CommissIon Expires Februo!y 28. 2008 Southold, New York 11971-0959, on THURSDAY JANUARY 24 2008: 9:30 A.M. CHARLES HILL #6III. 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 280-15B, 280-15C, 280-124, based on the Building Inspector's October 15,2007 amended Notice of Disapproval concerning a proposed accessory garage on this 16,586 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; CfM 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; CfM 9-11-3.1. 10:25 A.M. JOHN CORBLEY #6II9. 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; CTM 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- conformance or increase the degree of nonconformance with setbacks total- ing less than 35 feet on both side yards, at 372 North Drive. Mattituck: CfM 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 #6118. 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 J. COUTTS FAMILY TRUST by G. Hallenbeck III, 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; CTM 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 CfM 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 C1M Parcell000-145-D2-1.4 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, 200&. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailin~ Addressl 7 TOWN OF SOUTHOLD STREET ::3 7 2 I ',",' ~ClO -to&, -b .'J. A '~rlrrfj)rJn .;w.(. W. M -IiR.t.wF RES. Jif~ SEAS. VL 7 LAND IMP. TOTAL ~O{) o .:2.. ~ t>--v :;:2. ~ Q Q.; AGE .~ \ "'lZ.. c::::"DOo I NORMAL tJ Are /() .1)0 ~'N-.~* ,27tH> L W~~i3nd S~ Bru.stm.nd HotlSe j;", .... - Total . p~y RECORD CARD i4 - J .\- VI LLAGE S w D1ST. SUB. LOT rJ!f e, ~ A-vn-L a..~~ A..C~ .1,_ (1 -, f I 1J TYPE OF BUILDING 1-- 11 A III 1" U c., 1< E I'd IE N FARM COMM. CB. MISe. Mkt. Value DATE REMARKS e- ~fa, - ." / ....,. FRONTAGE ON ROAD DEPTH BULKHEAD 3~~- a~~~ .,.,......-~. .. DOCK J. i ,t. ~.< " " i ~g.'f ~.,,~ '......~' '.....~-..~.'-'\~ " e11S on . E;r" ';:,i;;o 'Exitrj.fnY, '2. srti .,Porch Porch I " '. ~! '\ .~ .cZ. .~ f' ., ,) ,-> ..... ~ ...K .20 .l<.'''P, ': -gLfo .5 ><. 1'7 -=. SO::;:'\. .,- 5x,~-';;:;:{ll./ \ ;..._Y. "- '--,':;,;,. \ ,~<' ) / IX '/'2- _ ';/ b ).. t..x~f: /t,F 5:><'.'1 =. ~S Breezeway , Garage l' '2. -;z. >< '2. 7 - '3"-14 'Patio O. B. Ttlltf!ll ~-,~:; .. . '. ~~ 3 '6~. 3.50 ~ 5~ S~ .50 \ ' ....s: 1'. " ~ -- "\,,,src: ,._.,.''',' \ . , I I I I , COLOR ,I" ~, TRIM bv2.ow.J ~ .'-! L;:? ..<--""" /. r~~ Foundation 52- ~ Basement , (, 5 ~I Ext. Walls }... <1'2. '" Fire Place y (j 0 Type Roof . loP - , ''v'" "\ I -1-777 <C x.~ -<,t.\ v'" ..' / i) ""'-\L W'" \l... #' -' /1, ll.' .' F' I",~ ';J ' 'LI- ./ - '- ." .. ... ,- -c-- o ~ I -+ G- , - ~ :So I~ , "7:T S I '0 , ~..,_ .-l-, t::A c..t> "VUl.- L- >2... Bath Floors ~ l Z. ~ i I'T'I 6" V6.fC! CeC>A(L Interior Finish Recreation Room \-1lp I 7, Dormer Driveway (.A.,')..:. /,oJj::z. q; I ~'~I ) _.':?-/, ~~ Heat Rooms 1st Floor Rooms 2nd Floor ,> ::> "') t/ ,- ,'z.- 'S'i<.. -4- .5 o Dinette K. LR. DR. BR. FIN. B. /' - -.- .. . <<'t"1S'''''' '- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------){ In the Matter of the Application of .j 01!~ C.C~a (N o(Applicants) CTM Parcel # 1000- IOf, - b _;).. ? -----------------------------------------------------){ AFFIDAVIT OF MAiLINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) l, Gr(?R~ Q...v-:JA residing at 37J-- ;VOl' fL {)f'/Ve... J'-1R- IT \ T u c I , New York, being duly sworn, depose and say that: On the '6 day of 'J 1'\11I vl'l \(' ~ ' I personally mailed at the United States Post Office in t\ .\\e.o Let,... . New ork, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current o~rs shown on the current assessment ralI verified from the official records on file with the ftT) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or privo/,e street, or vehicular right-of-way of record, surrounding the applicant's property. " Sworn to before me this frY of JANJlW'f ,20015 dC'J 11 rJdA ?vl2~ (Notary P blic) NOTAR~~~C~~~York No. 01V161~_=.' (;oj1"~~~I20 10 - PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ----. -ewner-names-and<lddressesforwhiclnmtlC"es were lTialloo:- Tl1wiK yoU.-~""-'-'" -. .~ ..I ..."","e .. '. rob-6-;},,~,1 (fPtY\c.i) ;- Oftn ,'~L Oee~!AiI'- f)DO (Vorl\.-. Drive ttfl-li I'tlC-1e.. AJ Y 1195 J.- 'J- '8' i ft'~Y\cls -r- N'AYlLY Oec~Ar- 500 No ,\k 0 r N~n\,vtk 1195~ _ :3 0 A- Le X. p ",0.1('(...(..., I M \... e-Llct He~61.-,;J €....> 6 ~o M~I'" Slf'ee r -Pf>"\ /6 I J-- NY, IV'! /001./'-/ ?> G, \ ~ (-\-(:) 0 r \~-t... R \ (.,;'y\."", "('01 s. pO 50'1 S50 fr i v e- b 0 e lie... AJ Y /193 J _"'.it .~~ 'e, :q..' I)~.\Y j' \ .. .l.:.'1\\,;~}:j <Ja"i:fj~1 ,~. f."fl1Iit\.i'\J. _J~ .t":: ..1Ot:O"~ ~~'..p.j "OtUmnoO Co row e..., firc/ 1 Oe~(J ffn Be0Rub'I Sc ~ 00 ( Slre.& -( SUi1e.- 3o'~ G-\e-(\ c.ovt.. IVy P Ie Ie SOY'- 115i2- n- :r .., :r U.S. Postal Service" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) ms 1, 2, and 3, Also complete lricled Delivery is desired. me and address on the reverse :m return the carc:l to you. ard to the back of the mailpiece, ,t If space permits. :edto: PLETE THIS SECTION ru U1 o ru m o o o o ru o m f'- o o f'- FFtCIAl USE --go $ Certified Fee ::r,"" Return Receipt Fee (Endorsement ReqUired) ,.~, Restricted Delivery Fee ,~(; (Endorsement Requlrad) Total Postage & Fees $ -f:.~:, ') T- \)A'),eL ~ej~'" Iv",!, It. .0 (',,, (( Ivt.-t:. N'{II<1S'').... COMPLETE THIS SECTfON ON DELIVERY ~ Signature c;. ~ B. Received b E, D. Is delivery address different from item 1? If YES. enter delivery address below: 3. Service Type o Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes , February 2004 7007 3020 0003 2052 4849 Domestic Return Receipt n- o-'! f'- :r U,S. Postal Service , CERTIFIED MAIL RECEIPT (Domestic Mall Cnly; No Insurance Coverage Provided) 1, 2, and 3. Also complele led Delivery Is desired. I and address on the reverse return the card to you. 110 Ihe back of Ihe mailp1ece, f space permits. ru U1 o ru 'ebruary 2004 1 02595-Q2-M-1540 Domestic Retum Receipt SE Postage $ to: Certified Fee OeeS"l.... D'<::,IcJtr' + €lei' ('vb I sTreeT 303 :lVe.. IV i 11.64 ~ 7007 3020 0003 m o Return Receipt Fee CJ (Endorsement Required) o Restricted Delivery Fee o (Endorsement Required) ru CJ Total Postage & Fees $ m DoL >r,e f'- o o f'- .., .., f'- :r U,S, Postal Service '" CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) items 1, 2, and 3. Also complete leetricled Delivery is desired. name and address on the reverse ~ can return the card to you. s card to the back of the mailpiece. front If space permits. ru U1 o ru Certified Fee m D Return Receipt Fee D (Endorsement Required) D Restricted Delivery Fee D (Endorsement Required) ru o Total Postage & Fees m ~ 0 (' \ ~ R \ C~Pr ..-cis" ,O)l g>.5'0 N'f \\<131 , 'o~vf( f'- o o f'- D. Is delivery address different from item 1? If YES. enter delivery address below: 3. Service Type o Certified Mail o Registered o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) o Express Mall o Return Receipt for Merchand1se DYes 2052 4719 '~ ~ ~, 3. Service Type o Certified Mail o Registered o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) o Express Mail o Return Receipt for Merchandise DYes ,"0' 7007 3020 0003 2052 4~~~_ 11, February 2004 Domestic Return Receipt 102595-02-M-1540 r'l f'- f'- :r US Postal Service CERTIFIED MAIL RECEIPT t' Ma"/ Only' No Insurance Coverage ProvIded) (Domes IC , items 1, 2, and 3. Also complete sstrlcted Delivery is desired. name and address on the reverse can return the card to you. card to the back of the mail piece, unt if space permits. lssed to: OMPLETE THIS SECTION ,(.\~ +o~V\'eL C>e ee f'\ r') vorl. "'- ()" v'C .e_~___.__ ~ vt. \L l V e.. --i--i.~.s.j: S81V1Oe~7 _3020 0003 2052 4771 ru U1 o ru postage Certified Fee postmark He.. ,', rn Return Receipt,Fee g (Endorsement ReqUired) [::J Restricted Delivery.Fee (Endorsement ReqUIred) o ~ Total Postage & Fees $ m f'- o o f'- . . . . . ~ Signa\ure ( 'iOPAgent o Addl'8SSee - B. Received by (Printed Name) E: .s Y\, c.L.. r D. Is delivery address d" erent from item 1? If YES, enter delivery address below: 3. Service Type o Certified Mall 0 Express Mail o Registered 0 Return Rec~pt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 'I 1\<1 5 ~ DYes Domestic Return Receipt 1, February 2004 102595-02-M-1540 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage ProvIded) ..D ru f'- ~ ru Lll o ru "O[!FFt,C I A L USE f'- o o f'- Certified Fee Postage $ rn o Return Receipt Fee D (Endorsement Required) o Restricted Delivery Fee [:] (Endorsement Required) ru o rn Total Postage & Fees $ . Complete ~ems 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: . A-Le.)() H \re..L~ ':e\\6L,1'l .5 go t1V'l\V\ S 1('(' f r- -Aft IbId-. l\J~ NY IOO'-fLj 7007 3020 0003 2052 .~ "", ' " 3. Service Type o Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. .t. R...drir.twl Delivery? (Extra Fee) 4726 DYes 2. , . (Tran- from service label) PS Fonn 3811. February 2004 -, Qomestic Return Receipt . .. 102595-02-M-t540 ,\111\\111. 9 """" l' I I I -" ,I \\ I I I 1 I f- a \\1\\111111111 I I' -" 0: j 1 I I I I I I I I I 11\\ 1 ~ I I ~ S 89"46'00. E u .l\\\\\\I\\II\\I\\' ;, ]:>Nl::l ](JY)4:;x)lS ,9 361.21 ~ " -. 3:>N1:J CMI:X)1S ,9 1\\1\\\\\\111\\11 ~ 2 .. .., .. 1\\1\\111\111\\11 ,lnt' ~ \ .. S~]8l't11 ,La ;. g_ 1111 I 1 I I I I I I I I I I I I "' .. U l. ,g"or b ! ~;:; t: I ~ u.... ti / ~ I I I I I . ~I I I \\ \\ I I I I '" ;1 .'0< ~I ~) . IIIII'~I\\\\IIIII BRIO<" WI. K '" / E f- ,.; " \111\\' 1111111111 a ~ ,Ct " -" ,'(I .,\\\\llg 1\\\\111\\ 0 . .~ "- g l I 1 I 1 1 I!::l 1 1 1 1 1 I 1 I 1 1 [L g 1 1 1 1 1 I I~I 1 1 1 1 1 1 1 1 1 . , ~ 1 1 1 1 I 1 Ill! 1 1 1 I 1 1 1 . . I I ~\\\\\\I\\\\II' . ~ , "?I I I 1 1 1 1 I 1 1 II' ! ~o~~ 1/0 ~3J lJ)l:Jld ,r 1\1\\\\1\\1 ii:lo.cic:i zc;c II. .ZO. tt.69 N 1 1, , \\ 1 . ..., f' 11 I I 1 1 I 11 ' f- a -" S.C. T.M. NO. DISTRICT: 1000 SECTION: 106 BLOCK: 6 ~ :> - ~ ~ '" f- a -" o "- [L :c-- Q .., - ----I I-- - 15' R.O.W. ::t: E-< ~ o Z -----< I- 288.00' AREA: 31,984 SQ.FT. OR 0.73 ACRE~ LOT(S): 29 ," , [LEVA nON DA W",: _________________________ UNAUTHORIZED ALTERATION OR AllomON TO THI Y IS A V7QLATfON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVF;Y MAP NOT BEARING THE LAND SURVf:YOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES tNDICATED HEREON SHALL RUN ONL Y TO THE PERSON FOR WHOM THE SURV'F:Y IS PREPARED AND ON HIS BEHALF TO THE nTLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HiRfON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES. ADDmQNAL STRUCTURES OR AND OTHER rIJPROV[MfNTS. EASEMENTS AND/OR SUBSURFACE STRUewRES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY n1DENT ON THE PREMISES AT THE TIME OF SURv[Y SURVEY OF, P /0 LOT K MAP OF, SHORE ACRES FILED, JANUARY 3, 1914 SITUATED H MATTITUCK TOWN OF SOUTH OLD SUFFOLK COUNTY, NEW YORK No.4l ~ (-.;!I '#- V. FILE * 25-03 SCALE, 1 "=40' DATE, MARCH 16, 200 ~L Y. s. Lie NO. 50227 CERTIFIED TO: GARY GUJA; KENNETH y, ll'OYCHUK L,S, Land Surveyinl and Dulin P,O, BOX 3 MATl'\TUCK, N,Y. 11952 PRONE (03') 21111-'_ FAX (03') --,- ra.ln....lnln.: the recorda of Robert J. Henne.., r ,., 25.9"(C) SlHOL~ COUNTY TAX '-lAP IS Pl<OHlBHED WITOOi.H rRlTTEN PERl.lISSION OF THE llEAL-PROPERHTAX SERVlCEACEt-lCY. ~'~.l' ~"lJl.mYLemer IllVerne~NY " SCALE IN FEET: , ~ 1000 , PROPERTY MAP nIT" . 11 ,. I.Ule) SEE SEC. NC. 099 mOl ~. "112 -, lO~ " A P ............,.......":..'....... -........... .... .... ....... ....m.~urnr \ SHSEc.t.lO.099 I.(,I,TC~ .. lISlF<<:Tf(I CON\'E~NOATE: ....t21"lOn. 1 r___rm . ! , \ "'ATCH~_;?------_---.!:..t4E~ N ~R! o~o , Ii! .., g 1".JA ~ ~ 20.1 3.0,1, @ '[~TI€, TRIOS, 6AYVIE~" '.1 2.6Are) " ~"" \.. 3.~Alc) .., 2.oM<:) \@ 2., ." ,., B., 2.6.1.10 ~ ~ ~.:; , 2.0Alcl B.. 3.2.1. . " 2.0/l.(el /l'?,~(d '" " 10.J ," ." ," " " ., , 19.9Alc) , I.' 1.BAlel :;;~' . 8,AA(el V -N- "~~ I; /1 JLR/. <20', Ii il t I , ! , ~ '--'13.5 (~ I ~. I \ , ,. "" " ". r ." . "'38.3-" .. "' ?' I~ ~ ' g ~ I ~I \/ I I I~ 13.4 32.6A(cl @ , , " " "" ". ." 2~.:; .- ~~~ ~~~ ~"'~ ....lll::: \ "' \, ,))) , ~ 22.1 """,0 TO'NOF SQUTHOLD .z '" ~~ 28.1 ,~'-"19-g~. ", "~"~,ll ~0,,, ;::~___1!d~ ~ _ 3~' \ 20.3 2~.1A "",,, '" I.' 2.H(cl ;., 1.2~\cl // l,lAINTENANCE,ALTtRATION,SAUOR OlslRleuTlol10fANYPORTI(INOF1HE SlN'FOLKCOUWY TAx IdAPIS PllOHI81TEO WlmOUT WRI!rEN PERldlSSIOI-I OF THE REAL PROPERTY TAXSERVlCE AGENCI. COUNTY OF SUFFOLK Q) >~ Real Property Tax Service Agency l: COlXlty Center Rlverheod,N Y 11901 -+ SCAL(INFEfl: '10 I m 19Q l1.LAG[tJ 106 TOINIY SECTION NO ,co >0, .; '. "'" o o I E;' \ ~ " c- 6' I IS' I ).,~ 0\)"'Il -+-., r go Lt.. v... <:. \) ..... /" '0 .rlC~'~~ l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------)( In the Matter of the Application of G-P~ h-uJIJ eN: me of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- JO~ - f; - J..Q ---------------------------------~-------------------){ COUNTY OF SUFFOLK) STATE OF NEW YORK) .r, b-A~t 6-u0f> residing at 37'J.. NOI'R .or lve; MAlT iT u t. K. , New York, being duly sworn, depose and say that: On the---La-day of \J I'1n vf\l' _,,--, I personally placed the Town's official Poster, with the date of hearing 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 I hereby confinn that the Poster has remained in place for seven days prior to trlat date of the subject hearing date, which hearing date was shown to be I-;;!. 'I - O? ~&:i~. ffJ Sworn to before me this ? day of iY lA"'''''l ' 2007 '}QluCU~ f ~ JW.- (Notary Public) FEIlNANoA P VIEIRA NOTARY PU8OhSfll8 01 New YOtIc ^,_ No,Olv.6155040 , _Iilied,in NaSS!!u County CommisiIii Expires on octol>er 23, 20.1P *near the entrance or driveway entrance of my property, as the area most visible to passersby, . . Town of South old . . 'J (j L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Tills assessment is intended to supplement other information llsed by a Town of Southold agency in making a detenuination of consistency. *Except minor exempt actions including Building Permits and other ministerial pennits not located within the Coastal RroslOn Hazard Area. 2. Before ,mswering the questions in Section C, the preparer of this fonu should review the exempt minor action list, policies and explanations of each policy contained ill the Town of Southold Local Waterfi'ont Revitalization Program. 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 form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detennination 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.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# lOCo ~ "q The Application has been submitted to (check appropriate response): Town Board 0 Planning Board [g] Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action tmdertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, Imld transaction) o o (b) Financial assistance (e.g. grant, loan, subsidy) (ci--Permit, appr6val, license, certdlcallon:-n. ---.n.w.--nn no Nature and extent of action: e.f\CLoSe. ~~<:>t\ vec'l yl'e-C,.fl~I'..,~ yuff ROG ~ ikd( , w\f.. c.,"-. \)...1.0"'3-> To ~...& s"lory ; c!>vC,.r 1"~~I"'\\"''j is, R.coy-: 1'-11c...he.~EnCl_ooc.. \)e.c.. \< -AVI&, f' 0 t"\ v er \' 1<' M 1'l51( ,.Ja A=th . ;' Location of action: . . Site acreage: Present land use: Present zoning classification:__,____ 2. If an application l())' tlie proposed action has been filed with the Town of Southold agency, the 1'1llowltlg information shall be provided: (a) Name of applicant:, (b) Mailing address:, (c) Telephone number: Area Code ( )_ (d) Application number, ifany: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D NoD If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community chara<tter, 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 D No ~otAPPlicable Attach additional sheets ifnecessary -P'olicTZ;-P-toleCf'anCl-pteserve IIislotrc-andarcIIaeoIOglcarYesourcesormeTO\viiOf'SOll thold:'See- L WRP -- Section III - Policies Pages 3 through 6 for evaluation criteria n_tr~:s--D Nom Not APPlicable- , Attach additional sheets if necessary. . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria DYes 0 No t'3lNotAPPlicable -------.------ -------.------- -----._--~_._~._-~-~- -~----_..._----- Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria DYes D No ~otAPPlicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes D No ~ot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish an~ WildlifelIa_bit.atslInd wetl~nds~_See L\"\I~ Sectl()n-1!I- Polki~~il'l!g~s 22 . through-If for eiaJuatio.n-crihiiia, o Yes DN~ NotAppli~able <. ' . . 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 evaluatiou critel'ia. D Yes DNo~NotAPPlicable -------~_._.~_.--- Attach additional sheets if necessary Policy 8. Minimize enviJ'onmental deg.-adation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Dyes D No ~ot 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 South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. o YesD N~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent IIses in suitable locations. See L WRP Section III - Policies; Pages 47 through S6 for evaluation criteria. -BYes E}N~ NofAljijlicahle .' ':' . . 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 L WRP Section III - Policies; Pages 57 througb 62 for evaluation criteria. DYes 0 NO~PPlicable _..._-...__..._--~.-._----~~--- 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 0 No~tAPPlicable 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 tbrougb 68 for evaluation criteria, DYes 0 No ~ot Applicable Created on 5/25/05 11:20 AM _TRANSACTIONAL DISCLOSURE F~ APPLI LE TO OWNER, CONTRACT VEND~ AGENT: 0", \'''Q. L The Town of Southold' s Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Ch/at apply.) ~ ~ePtion '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. marriae:e, or business interest. "Business interest" means a business, including a artnershi in which the Town officer or em 10 ee has even a artial ownershi of or em 10 ment b a co oration in which the Town officer or em 10 ee OWns more than 5% L~__ _-,.hares~____u YES ---@ ;VO . lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (bclow) and/or describe the relationship in the space provided. The Town officer or employee or his or her. Spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non~corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP (\... -- Submitted this 1 day o~ "" \1'\.(_ ') 0 Cl1 SIgnature: ~ Print Name: G-flRY c;.u JA fEHNANLJAr "tlRA NOTARY PUBUy, State of New YOlk No. 01..6155040 ~~~'20'O , ~Ck P 0~ Date: 11/27/07 Transaction(s): . Town Of South old P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * 1 1 Application Fees Check#: 915 Name: Guja, Gary 372 North Drive Mattituck, NY 11952 Clerk ID: MICHELLE . Receipt#: Reference 6116 Total Paid: 915 Subtotal $150.00 $150.00 Internal 10: 6116 ~.."..,. I G arlj. :::If: !o (I t., ~ / ,:t.{ks c:;;x gT3 ?d 17~Jj/o1 AAA ~7107 .~ 10(., " 9.<J- ~ / . . ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) . DATE: 11/26/07 ZBA# NAME CHECK # AMOUNT TC DATE STAMP 6115 DiGregorio, Robert and 2937 $600.00 Mary Kate . . ..:,... 6116 Guja, Gary 915 $150.00 NOV 2 7 2007 lown ~Icrl TOTAL $750.00 . . 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 #: GUJA,GARY 1 06-6-29 #6116 APPEAL: Side Yard Setback Variances REQUEST: Additions/Alterations DATE: THURSDAY, Jan. 24,11:05 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 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto://southtown.northfork.net December 27,2007 Re: Town Code Chapter 55 - Public Notices for Thursday, January 24, 200S Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January ih : 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 vou undeliverable, vou are reouested to make other attempts to obtain a mailino address or to deliver the letter to the current owner. to the best of your ability, and to confirm how arranoements were made in either a written statement, or durino the hearino. Rrovidino the returned letter to us as soon as possible: AND not later than January st : please either mail or deliver to our office your Affidavit of Mailino (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not later January 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 Postinq prior to January 24, 200S. 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: . . USPS Mailinl; Address: Town Annex IFirst 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 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. 6116 Action Requested: Within 500 feet of: Guja Side Yard Setbacks ( ) 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