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Office Location:
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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
D.nR~CEIVED .....
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aFE3 1 9 2008
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Southold Town C1er'
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 7, 2008
ZB File # 6120 - ROBERT and ERIN DICKERSON
Property Location: 1600 Alvah's Lane, Cutchogue
CTM 102-4-8.1
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicants' 42,976 square foot non-conforming lot
with 100 feet along Alvah's Lane is improved with a one and one half story house and a
one-story accessory garage, as shown on a March 26. 1996 survey, revised December 6,
2007 by John Metzger.
BASIS OF APPLICATION: Request for a Variance under Sections 280-122A and 280-124,
based on ZBA Interpretation #5039 (Walz Application) and the Building Inspector's
November 16, 2007 Notice of Disapproval concerning proposed additions and alterations
to an existing dwelling, which new construction creates a new nonconformance or increase
in the degree of nonconformance when located less than 50 feet from the front lot line and
less than 15 feet on a side 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 REOUESTED: The applicant is requesting a variance for
additions and alterations of the front porch and expansion of second floor livable space, as
shown on Second Floor Addition and Elevation Plans prepared by Joan Chambers with
ZBA Date Stamp December 6,2007,
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Page 2 - February 7,2008 .
ZB File No. 6120 - Robert and E ickerson
CTM No. 102-4-8.1
.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law !'l267-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 because
the house has existed, with the same setbacks, in this neighborhood for many years.
2. Town Law!'l267-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 because
any addition to this house would require a variance based on the ZBA interpretation in
Walz, due to the existing location of the building on this property.
3. Town Law !'l267-b(3)(b)(31. The variance requested herein is not substantial because
the existing setbacks will remain the same.
4. Town Law !'l267-b(3)(b)(51. The difficulty is not self-created because the house was
built before any requirements for setbacks existed. Therefore, the difficulty of adding a
covered front porch and increasing the livable area of the second floor of the existing
house was created by the existing setbacks of the building.
5. Town Law !'l267-b(3)(b)(41. 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 relief requested for the front porch and expansion on the second floor
livable space is the minimum action necessary and adequate to enable the applicant to
enjoy the benefit of their home, 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,
seconded by Member Weisman, and duly carried, to
Grant the variance as applied for, as shown on the March 26. 1996 survey, revised
December 6, 2007 by John Metzger and Second Floor Addition and Elevation Plans
prepared by Joan Chambers with ZBA Date Stamp December 6,2007.
The above condition shall be written into the Building Inspector's Certificate of Occupancy,
when issued.
Any deviation from the variance given such as extensions, or demolitions which are not
shown on the applicant's diagrams or survey site maps, are not authorized under this
application when involving nonconformities under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject
,
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Page 3 - February 7,2008 .
ZB File No, 6120 - Robert and Er ickerson
CTM No, 102-4-8,1
.
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: Vice Chairwoman Oliva, Dinizio, and Weisman. This Resolution
was duly adopted (3-0). Absent were Members Goehringer (Chairman) and Simon
'-kf:J,~~
RUTH D. OLIVA, VICE CHAIRWOMAN
Approved for Filing 02/ /:5 /2008
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FORM NO.3
NOTICE OF DISAPPROVAL
DATE: November 16, 2007
TO:
Robert Dickerson
1600 Alvahs La.
Cutchogue, NY 11935
1Rl~~~U\vJ~lf)
Please take notice that your application dated Nov. 16, 2007
For additions and alterations to an existing dwelling at
HOV211K11
Location of property 1600 Alvahs La., Cutchogue, NY
BOARD OF APPEALS
County Tax Map No.1 000 - Section 102 Block-.1 Lot 8.1
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this non-conforming 42,976 square foot lot. in the AC
District. is not permitted pursuant to Article XXIII Section 280-122A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction
or enlargement of a non-conforming building containing a conforming use,
provided that such action does not create any new non-conformance or increase
the degree of non-conformance with regard to the regulations pertaining to such
buildings."
The single-family dwelling, notes a front yard setback of31' & side yard ofiql9'. The
proposed covered front porch & 2nd floor additions indicate a front yard setback of
approximately 31' & side yard setback of @11 '. Pursuant to the interpretation in Walz
(#5039), such additions and alterations will thus constitute an increase in the degree of
nonconformance. The addition is not permitted pursuant to Article XXIII, Section 280-
124, which states that non-conforming lots, measuring between 40,000 & 59,999 square
feet. require a minimum front yard setback of 50' and a side yard of 15' .
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RECEIVED
DEe 6 - 2007
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ZONING BOARD OF APPEALS
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AREA= 42,976 sq. ft.
SURVEY FOR
WILLIAM j KERRIGAN
AT CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK. COUNTY, N Y
1000 - 102 - 04 - 8.1
Scale: 1" = 50'
Mar. 25,. 1996
Dec. 17, 2003 (SET PROPERTY MARKERS)
July 28, 2004 (cerlificalions)
P"'c <P, 2=7 rap ~,-t'Dr) r)
CERTIFIED TO'
WILLIAM J. KERRIGAN
CHASE BANK
FIDELITY NA TlONAL TITLE INSURANCE
COMPANY OF NEW YORK
201 5714
FINAL MAP
REVIEWED BY ZBA
SEE DECISfON # G ( d--D
DATED~J...I_Q:7 r.J.:.~r:?
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ECON/C SURVEY
(516) 765 - 5020
P. O. BOX 909
1230 TRA VELER STREET
SOUTHOLD, N. Y. 1/97/
ANY AL TERA T10N OR AOOITION TO THIS SURVEY IS A VIOLA TION
OF SECTION 7209 OF THE NeW YORk STA TE EDUCA TION LA W '-'--
EXCEPT AS PER SECTION 7209-SU8D/VISlON 2. ALL CERTIFICA'T/ONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF
SAID MAP OR COPIES SEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNA TURE APPEARS HEREON.
ADDITIONALL Y TO COMPL Y WITH SAID LA W THE TERM 'AL TERED SY'
MUST SE USED SY ANY AND ALL SURVEYORS UTILIZING A COPY
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND
"SROUGHT-TO-DA TE' ARE NOT IN COMPLIANCE: WITH THE: LAW.
ADD CER T. 04/25/96
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DICKERSON RESIDENCE 19'-7~"
SECOND FLOOR ADDITION
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APPLICA& TO THE SOUTHOLD TOWN BOA. OF APPEALS
-. .-'''''
For Office Use Only " '''j -~.f JED
Fee: $ Filed By: Date Assigned/Assignment No.
J DEe 6 - 2007
Office Notes:
!:(/lJ.z. ^
F APPEALS
House No.J loDO Street~h.s ume...-
SCTM 1000 SectionJ DJ-B1ockflLot(s) ~. I
Hamlet~l).e/
Lot Size , qq Zone
I (WE) APP L THE WRITTEN DETERMINA nON OF THE BUILDING INSPECTOR
DATED II liP O~BASEDONMAPDATED \
s):~ ().V\d El'ln :th(J~l (SOn
MailingAddress:j lP DO A\VQhs L..o..Vlf.-- ~tlnOj\Atl rtLJ\Q3S"
Telephone:-.J3'-\ - J.l\ ~ Fax #:
Email:
NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agcl!t, 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:
Pleas'} check box to specify who you wish correspondence to be mailed to, from the above names:
Pit Applicant/Owner(s), or 0 Authorized Represeutative, or 0 Other Name/Address below:
WHEREBY THE BUILDING I't',SfECTpR REVIEWED MAP DATED 5/,)'/ D 7 and DENIED
ANAPPLICAT~DATED-1ijJlD 107 FOR: ' I
uilding Permit '
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Chauge of Use
o Permit for As-Built Construction
OOther:
i-
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article~ Section 280- --1 2..:2..A Subsection
Type of Appeal. An Appeal is made for:
~ 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, l!l1tas not been made at anv time with respect to this propertv. UNDER Appeal
No. _Year . (Please be sure to research before completing this question or call our office for
assistance.)
Name of Owner:
.
.A File #
REASONS FOR APPEAL (additional sheets mav be used with oreoarer's silmature):
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:
-iI-{)vYI~ (,U J /I Ix ()p~racJec1. rOb+pnll+ nb+ 9(ihhtf b11rtr
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other t~an an area variance, because: is'" a L{ Luparttdf/
/0.- ho/1M...- IJ !10J1-r6Ylf'Mm,'nj o..S )JD 11) V
nteds (A va n anc G .
(3) The amount of relief requested is not substantial because: Ii ,'j Cl..ppf' 0 Y I M(J... fe 11./
40'1" Df e)(iSh"j home.... J
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in theneighbOrhOodordistrictbecau~:~/{ tA:fjo:ujedpC~_I+5 o-F hom-e... tUd I
be. rYlov-e.. e.ne'J'j &-t(C{ mf ~ -fh.L ~)(Is+r'nj h()m~.
(5) Has the alleged difficulty been self-created? ( )Yes, or JNO.
Are there Covenants and Restrictions concerniug this land: "NO.
DYes (vlease furnish CODV).
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.
I
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to c~r)
14,,- , 'O~
Signature of Appe ant or Authorized Agent
(Agent must submit written Autho.-ization from Owner)
':'UISAN J. NAGY
Notary Pub/l
No. 48967350 State ot New Y"rk
~::l~nS~ffO/k County
xplres May 2.oJ.1
BUlLDIN.RMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to: t to CO A \Va.h~ lAne.
CU+C,^c~u{'ltJy l~
Phone (d3 \ - 13L) .. d L) 8'S"
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.netlSouthold/
.
PERMIT NO.
Examined
.20_
,20
It/~/J /;:}e/
,
Approved
Disapproved aie
Expiration ____
.20
J
Building Inspector
~
AUG 2. I
A~PLICATION FOR BUILDING PERMIT
:
:... '" I
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Date
0, / ell
f
2007
'-
INSTRUCTIONS
a. T!llsappiicat;;;n MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. 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 of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
. 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 p"rmit 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.
I(PDD A\v~hs Ln. ClA+cho~utIAJYU15
(Mailing address of applic t)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
DWf\P,(
Name of own~r of premises --J< Ot>e{ -\-
DicK'eY'tb(l .
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.-i:t::t
Plumbers License No.
Electricians License No.
Other Trade's License No.
555b
I. Location of land on which proposed work will be done:
J \oOD Ahfllh~ Lnne___
House Number Street
Hamlet
County Tax Map No.1 000 Section
Subdivision
,/ tJ.< .
.
Block-Pf" - .
Filed Map No.
Lot.!'. I
Lot
(Name)
2. State existing use and occupancy of'mises andintend~d use and occupanc.proposed construction:
a. Existing use and occupancy SIN G-L:E; -t=AYn l L i RDS lOEr-("'\l1'\C
b. Intended use and occupancy S L /lJ6--U:: -FA-vY\ l L>(
R-e-S\..DeN\lAL
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
#
..3t6.~ ,"""':'
/
Addition
Other Work
Alteration
/
4. Estimated Cost
(Description)
Fee
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 ---.29 I Rear
Height .,.?,J ~ Number of Stories / /5
I
Depth f'~ '"
.....2-.0
Dimensions of same structure with alterations or additions: Front ..s: ~
Depth .,~ Height Number of Stories
Rear C:'~
/::-;;.
9/ ~.
Depth
8. Dimensions of entire l)ew construction: Front ",zy
Height -1,;;l. Number of Stories
Rear
,:<
O?D
9. Size oflot: Front
Rear
",PO
,...
/&ID
r
Depth
4<JO""
10. Date ofPurchase-ft'/r/ .2d''''''~
Name of Former Owner M/f::~ ~,r--/9_______
t'
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO /
13. Will lot be re-graded? YES_NO ~ Will excess fill be removed from premises? YES_NO v/'
14. Names of Owner of premises Address Phone No.
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO vi
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.e. PERMITS MAY BE )lliQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES_NO ~
* IF YES,D.E.C, PER.\1I:rS.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 ~vlfV)l )
~cbel.j.. Dic.keiJbr0 being duly sworn, deposes and says t!)at (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to Aefore me this I
I lc day of ~uSi
16 'f
Notary Public
200i
~~
/' Si ature of plicant
KEVIN POOLAS
Notary Pubic, State of New York
No. 0106132009
Quallled In Sl!fk!1!t County
''''1 Commission ExpirtS August 22, 2008
.
.
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Rob ~tld Erl'n -:D1'd<e noYJ Date Prepared: I;),,} S- /D7
,
I. For Demolition of Existing Building Are1: '
Please describe areas being removed: 'R 00 D ve ( e.)l, S 1-, nJ Ie I t c h( n
arelJ.- '
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: l p I !'J...l '-l' D~C.fi '
Dimensions of new second floor: '> U. D / n - AI ". I.f I 1, (p
Dimensions of floor above second level: ' n o~
Height (from finished ground to top of ridge): ' -1 ~~.
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: -n 0
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: / sf-ortj w, +h
la r;J e W'1'r;, YII Mu c1 a H-r c .
Number of Floors and Changes WITH Alterations:
IV. Calculations ofbnilding 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: YDuV1pA.mll~ 5(,DW'~
VI. Please describe the land contours (flat, slope 'Yo, heavily wooded, marsh area, etc,) on your land
how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view,
712002; 212005; 112007
\
, \
\. '
~'llJ.
-/ '-,
..~,~~~ ~
~.
'.
::::, \\\~\\"2K;~~L
,'.::/: ..=
'.
'.
::;
'.
~ .: ; . ','
Jii.L, ':i.:'~;&r.i-:;:.';)'Lijt~:,:,
~~:.~,"-!.,;.
"
~---
"'--
- -
"'--
~
.
.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPliCATION
A.
Is the subje9t premises listed on the real estate market for sale?
DYes '\tNo
B.
lye there any proposals to change or alter land contours?
lI/ No 0 Yes, please explain on attached sheet.
c.
I) Are there areas that contain sand or wetland grasses? riD
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?
(1.0
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? i1 M1 (." 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? n 0
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? t1 0 (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? -.nO
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? nD
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel ~aM( 1"
and proposed use ,') 0./11& <:]
(examples: existing: single-family; proposed: same with garage or pool, or other description.)
f~.\:V,d)(~
Authorized Signature and Date
If yes, please label
n:..s /JLY\. +. ol
'a..}s1 /)7
2105; 1107
'.
I
~
.
'I PROJEc'r LD NmmER .
SEQR
617. 21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
P ART I - Project Information (To be complete by Applicant or Project sponsor)
1. Applicant J Sponsor 2. Project Name
I RDb o..ncl ErI"n JXckerson
3. Project location: Municipality
IllcOO AIVtthS Larrt- c.U.+ch08v.e, ^'" nq 65"
4. Precise location (Street address and road intersectlons, prominent landmarks, etc. or provide map)
5uffo I~
]
]
1
County
5. Is proposed action:
( )NEW
( ) EXPANSION
) MODIFICATION I ALTERATION
6. Describe project briefly:
0tllHl
rOh+ porch I c/ar/l1(/"5 and /1etAJ r14r roo
7. Amount of land affected:
Initially:
(t 0)1e..--
acres;
Ultimately:
acres
8. Will proposed action comply v.rith existing or other existing land use restrictions:( YES
) NO If No, describe briefly:
I
9. Wt t is present land use in vicinity of project (describe):
Residential ( ) Industrial ( ) Commercial
) Agricultural ( ) ParkJForesUOpen Space ( ) Other
10.9085 action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local)?
,(\Ii YES ( ) NO If Yes, list agency(s) and permlUapprovals:
'Bu-ild(~ p.e \"IIIA I t
11. Does any aspect of the action have a currently valid pelTl1lt or approval?
I
( ) YES ("NO
If Yes, Ust agency(s) and permit/approvals:
12. As a result of proposed action, '.ViII existing permiVapproval require modification?
( ) YES (") NO
If Yes, list agency(s) and penn it/approvals:
I certify that the information provided above is true to the best of my kn,owledge.
~~ Date JJ..I'l/07
[APPlicant J Sponsor Name:
Signature:
If the acnon is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proc~ed;ng with this assessment
.
.
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:
December 11, 2007
RE:
Zoning Appeal No 6120
Transmitted herewith is Zoning Appeals No 6120 Robert and Erin Dickerson the application
to the Southold Town Zoning Board of Appeals. Also enclosed is Cover letter which includes list
of Copy of Application for Building Permit, Town of Southold Property Record Card,
Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Survey,
Plans for Addition, Notice of Disapproval.
Date: 12/11/07
Transaction(s):
1
Application Fees
Check#: 1540
Name:
Dickerson, Rober! P
1600 Alvahs Lane
Cutchogue, NY 11935
Clerk ID: CAROLH
.
Town Of Southold
P.O Box 1179
Southold, NY 11971
.
* * * RECEIPT * * *
Receipt#:
Reference
6120
Total Paid:
1375
Subtotal
$550.00
$550.00
InternallD: 6120
Office Location:
.
.
USPS Mailing Address:
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
hUp:/ /southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 24, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. JANUARY 24, 2008:
11:25 A.M. ROBERT and ERIN DICKERSON #6120. Request for a Variance under Sections 280-
122A and 280-124, based on ZBA Interpretation #5039 (Walz Application) and the Building
Inspector's November 16, 2007 Notice of Disapproval concerning proposed additions and
alterations to an existing dwelling, which new construction creates a new nonconformance or
increase in the degree of nonconformance when located less than 50 feet from the front lot line
and less than 15 feet on a side yard. Location of Property: 1600 Alvah's Lane, Cutchogue;
CTM 102-4-8.1.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours and prior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: 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
!'-T - ! L~u ((7 r~ / v'~-{;I.-',
/ - Akla Y'>"--"" 7P-<'CLa-,) .
#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 NOTICE
SOUTIlOLD TOWN ZONING
BOARD OF APPEALS .
THURSDAY, JANUARY 24, 2008
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN
pursuant to Section 267 of the Town'
Law and Chapter 280 (Zoning), Code
of the Town of. Southold, the follow-
ing public hearings. will. be held by
the SOUTH OLD TOWN ZONING
BOARO OF APPEAl.S -at the Town
Hall, 53095 Main Road~P.o. Box 1179,
11:25 A.M. ROBERT and ERIN
DICKERSON #6120. Request for a
Variance under Sections 280-122A and
280-124, based on ZBA Interpreta-
tion #5039 (Walz Application) and the
Building Inspector's November 16,2007
Notice of. Disapproval concerning pro-
posed additions and alterations to an i
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
feefon a side yard. Location of Proper~
ty: 1600 Alvah's Lane, Cutchogue; CTM
102-4-8,1. .
1:00 P.M, 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-
tionof a dwelfing at'le"ss than 100 feet
from the ordinary high water mark of
the Long Island Sound, at 1840 Leeton
Drive:;.$ouihold; CTM 58-2-1l.
1:'20 P.l\CI690 BAYVIEW ASSOCI-
ATES #6117. Request fora Variance
under Section 280~1l6B, based onthe
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, Southo1d;
ClM 70-12-37,
1:35 P.M. SANDFORD and ELIZA-
BETH FRIEMANN #6114. Request
[or Vari.ances, under Sections 280.116B
and 28(}-124, based on the Building In-
spector's amended November 26, 2007
Notice of Disapproval concerning pro-
posed additions. swimming pool, and
;(~~
Principal Clerk
~D
11~:h\Ll ~
CHRI~T~I V6l1NSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-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; CTM 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; CIM 52-2-26.
9:55 AM. 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; CTM 136-1-36.
10:05 AM. 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 2112 stories in
height. Location of Property: South Side
of Ocean View Avenue. Fishers Island;
CfM lJ-Il-3.1.
10:25 A.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 yaid and less than 35
feet for both side yard setbacks (total),
at 680 Mason Drive, Cutchogue; CTM
104-7-3.
l1:05 AM, 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 bQ[h 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 Harhor and
(b) will exceed the code limitation of
20% maximum lot coverage. Location
of Property: 1165 Old Harbor Road,
New Suffolk; CIM 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; CfM 78-3.50.1.
2:05 PM. 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. ,
CIM 142-1.3.2 and 3.3. i
2:20 P.M. KINGA CRARY #6108, '
Requests for additions and alterations I
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; CIM 24-2-4.
3:00 PM. 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 CTM Parcel1000-145-02-1A 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, andlor
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 aUf office at (631)
765-1809. or by email: Linda.Kowalski@
Town.southold.ny.us. .
Dated: January 3, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRlNGER.
CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailin~ Addressl
/:700_/6
OWNER
o
TOWN OF SOUTHOLD PROPERTY RECORD CARD
Mkt. Value
STREET
VILLAGE
" I
'0/'
DIST.
SUB.
"1)c~. ::
,
,:;i~!tj/l' ./j
/
ACR. ,.,.
',' ~.J..-
-~.)-=:,.
TYPE OF BUILDING
(~,)f,
':....:.-), \,L.-. /)L. .
i-r
RE5,;.?/O
LAND
SEAS.
VL.
COMM. CB.
MICS.
IMP.
TOTAL
DATE
REMARKS
~, g :(s- GO IAkr,d eJ'(( o~'cl
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,~ "'
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4>00 :Z7oo
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. '\ +-".....1.\.'"
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/2.00 rt'-<.i'
1;:2 00
o
30DO
'56'00
AGE
NEW
FARM
BUILDING CONDITION
NORMAL
BELOW
ABOVE
Value
Acre
Value Per
Acre
"iIIable
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
r~,
Vood'and
~eadowlond
.--.'--"- -
louse Plot
. ~ 6l
llclco
'atal
DOCK
.... .-.
- ....
.."........~
....,~"''l<
~_.
11 -/7
LOT
vi 96
,"," ,
'~
-.
-- -~
-" ,)
"
-....,.......~.....
.
-
Foundotion. 8L."cK Both 1 Dinette
.. ,
Basement rv.'1- Floors I K.
! CJ ~ fir(
Ext. Walls Interior Finish ,
ttl D~' ,f:;,. 5# /.-\1 l!:. INI" , " LR.
-
Fire Place 1\/0 Heat S Pp C C- OR.
33'- Type Roof Rooms 1 st Floor BR.
Recreation Room Rooms 2nd Floor FIN. B
Dormer Driveway
~OR III,
.
.- .
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TRIM c..u .1
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Extension ! ~ 1.. 0
-
Extension (n")( ", "
.,..- ~""~-'I-
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.
.2. ?
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Porch I
.
Breezeway
Garage
Patio
/flX~1
31.10' '/")
O. B. ::z .,?
Total
4~
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"'2J:W'" ,e. :A;,l,," 'J '11. ~ '1[51'1
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------){
In the Matter of the Application of
lPJ[EtC[EllW~/J)
JAN 9 2008
E'(iV\ 0Yd 1(t)O ])\tl<~Y"5t)V\
(Name of Applicants)
CTM Parcel # 1000-
----------------------------~------------"-------~---){
BOAR~4l\'P/fEALS
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MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
:lrl~ln u.Vld Pn'b JXd!frfmding at IlIDO 4/ vcJz.) fA IA.L
C 1,( . ~ , New York, being duly sworn, depose and say that:
On the day ofe )avt.ui:l1 . Jj){)( I personally mailed at the United States
Post Office in ~ N York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true cop of the attached Legal Notice in prepaid envelopes addressed to
ClUTent owners shown on the current assessment roll verified from the official records on file
with t11e ( ~ssessors, or ( ) County Real Property Office (\6U--l---h 0/ r:i. ' for every
property which abuts and is across a publiy or priv~~e street, or vehicular right-of-way of record,
surrounding the applicant's property,' , .
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(Signature) '.
Sworn to before me this
9 day of--1nua~ ' 200'l?
~~Jl..~ =all-
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PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the
-------.- -owner-names-andllddresse~furwhic1nmttClj1; wercmatle<l,'iniiij]( YOlr:-~~~~"-~~----'" ...~
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------)(
In the Matter of the Application of
KD b mdEyln. (lXc!<e r SOn
(Name of Applicants)
AFFIDAVIT
OF SIGN
posrmG
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
-----------------------------------------------------)(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
r I (1 J> t"e kf ($ C~siding at lu D 7) A I va!lJ In
, New York, being duly sworn, depose and say that:
On the i 3 day on htjurr '3t ,,)(i/o, I personally placed the Town's official
Poster, with the date of hearing and natur 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 confirn1 that the Poster has remained in place for seven days prior to trlat ~te of
the subject hearing date, which hearing date was shown to bee )a.J/fI-fiJ 1 rve,;. &'GtJ~
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(&!'gnature) .
Sworn to before me this
/~ dayoY~ ,200$'
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/ (Nota Pu IC)
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gUs'lfled In SUffolk County
ommlsslon I;:'<olres May 2utL
*n~ar the entrance or driveway entrance of my property, as the area most visible to passersby.
Office Location:
.
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
. USPS Mailing Address:
53095 Main Road
P.O. Box II 79
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Mr. and Mrs. Robert Dickerson
1600 Alvah's Lane
Cutchogue, New York 11935
February 13, 2008
Re: ZBA #6120 - Variance application
Dear Mr. Dickerson:
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.
Enc!.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
Very truly yours,
~~~
~inda Kowalski
aRANSACTIONAL DISCLOSURE FAt:
APPLlC~E TO OWNER, CONTRACT VENDEE AND AGENT:
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this fonn is to provide infonnation, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Ickersol1 KDb OVid 5((\ f.
(Last name, first name, middle initial, unlcss you arc 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?ply)
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 ,hild) 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 PaI.tial ownership of (or
em 10 ment b a co oration in which the Town officer or em 10 ee owns more than 5% of the
~es t/" --- NO
If you answered "YES", complete the balance of th is form and date and sign where indicated.
Name of person employed by the Town of South old: 7J':Y ,L),cKp;--~ oA/
Title or position of that person: tow-</' T/f/s ee
Describe that relationship betwecn yourself (the applicant, agent or contract vendee) and the
Town officer or employee. Either check the appropriate line A through D (below) and/or
describe the relationship in the spacc 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);
A:) an officer, director, partner, or employee of the applicant; or
i/' D) the actual applicant.
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DESCRIPTION OF RELATIONSHIP
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Print Name; f:r't V\ 1)1c.k'USbl\
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5-12-99
11-IZ-99
12-27-00
01-12-01
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10-09-01
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3. ServIce Type
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Postage $ $0.41
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2. Article Number
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1. Article Addressed to:
Postage $
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3. Service Type
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3. Service Type
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4. Restricted Delivery? (Extra Fee) 0 Yes
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ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 12/10/07
lBA#
NAME
CHECK #
AMOUNT
TC~~-!
: 6120 I Dickerson, Robert and
I I Erin
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I DEe I ! 1007
$550.00
I Soulhold Town Cler'
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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 #:
DICKERSON, R. & E.
102-4-8.1
#6120
APPEAL: Setback Variances
REQUEST: Additions/Alterations
DATE:
THURSDAY, Jan. 24,11:25 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 24,2008 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 January th :
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 reauested
to make other attempts to obtain a mailina address or to deliver the letter to the current owner,
to the best of vour 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 January 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 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, 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.