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Home My WebLink About6143 APPEALS BOARD MEMBERSO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 I, ~EC~EIVED ~ MAY 16 a ll FINDINGS, DELIBERATIONS, AND DETERMINATIOI~ .~,~___ MAY 8, 2008 ZBA g 6143 - PAULE~E G~ALO and THO~S E. GIESE PROPER~ LOCATION: 90 Sterling Road, Cutchogue CTM 104-4-4.1 PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District with a land area of 45,645 square feet, 261.91 feet along Sterhng Road and 160.91 feet along Bay Road in Cutchogue. The premises is improved with a single- family one-story frame house with garage, accessory swimming pool and two sheds, as shown on the March 20, 2007 map prepared by David H. Fox, Land Surveyor. BASIS OF APPLICATION: Request for a Variance under Section 280-122, .b~ase~d~o~ndo?e Building Inspector's January 18, 2008 Notice of Disapproval, amended ,L~L~I' 20, ,vvu~nd ZBA Code Interpretation #5039 (Walz Application) concerning proposed additions and alterations to an existing single-family dwelhng which will result in an increase in the degree of the existing front yard setback nonconformance, at less than 50 feet. ZONING CODE SECTION 280-122 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." Pursuant to the above Code provision and ZBA Interpretation #5039 of Code Section 280-122 (Walz Application), such additions and alteration will thus constitute an increase in the degree of non-conformance, when the code requirement is a minimum of 50 feet from the front yard lot line. The existing single-family dwelling has a nonconforming front yard setback of 34.7 feet at its closest point, and the additions with alterations to the dwelhng are proposed to maintain that setback. LWRP DETERMINATION: This application is exempt from review under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The proposed construction is not located within Page 2 - May 8, 2008 ZBA# 6143 - P. GARAFALO and T. GIESE CTM 104-4-4.1 100 feet of a regulated natural feature or a bulkhead or other shorehne defense structure or any activity within the CEHA. RELIEF REQUESTED: The new construction is to enclose the front stoop and to create an eave over the garage, while maintaining the existing nonconforming front yard setback adjacent to Sterling Road. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition of a 4 x 4 feet stoop at the entryway and addition of an eave to the roof of the garage will add to the aesthetics of the house. The additions will maintain the existing setback of their home which is 34.7 feet to Sterhng Road. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance. 3. Town Law §267-b(3)(b)(3). The granted is not substantial. The variance involves adding only a 4x4 foot stoop to his fxont entrance and an eave over the garage for a more pleasing faqade to his house. 4. Town Law §267-b(3)(b)(5). The eVffficulty was not self created. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested rehef is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enclosed stoop and gable eave, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva seconded by Members Simon, and duly carried, to GRANT the variance as applied for, and shown on the March 20, 2007 David H. Fox survey with applicant's hand notations, and construction diagram Sheets A-1 and A-2 dated 11-4-07, and Sheet A-3 dated 11-8-07, prepared by Richard M. Suter, R.A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this apphcation 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 Page 3 - May 8, 2008 ZBA # 6143 - P. GARAFALO and T. GIESE CTM 104-4-4.1 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 Goehrin~an), ~i 'r, mio;-~liva, Simon, and Weisman. This Resolution was duly adopte~). J /(IE~. GOEHRINGER, C~HA~R~2q 5//.~'/2008 pl~oved for Filing ~/ APPEALS BOARD MEMBERS Gerard I~ Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box ! 179 Southold, NY l 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 19, 2008 By Reqular Mail and Fax Transmission 718-276-3471 Mr. and Mrs. Thomas E. Giese P.O. Box 509 Cutchogue, NY 11935 Re: ZBA # 6130 - Variance Determination (Rose CTM 126-1-23) Dear Mr. and Mrs. Giese: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit. Thank you. Very truly yours, Encl. Extra Copy of Decision 5/15/08 to: Building Department Linda Kowalski TO: Paulette Garafalo & Thomas Giese PO Box 509 Cutchogue, NY 11935-0509 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 18, 2008 Please take notice that your application dated January 8, 2008 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 90 Sterling Road, Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 4_ Lot 4.~1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a conforming 45,645 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280- 122, 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 existing single family dwelling notes a front yard setback of 34.7 feet at its closest point. The proposed additions and alterations will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non- conformance. Pursuant to Bulk Schedule, required front yard setback is 50 feet. This J~g~ffc~-6f't~isarmroval was issued based on a survey dated March 8, 2007, by David H. Fox, '"'-~Authorized Signat~e~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Survey for: THOMAS £. C.I£$£ FEB 2 0 ¢eo3 BOARD OF APPEALS & PA ULETTE GIESE Neor Nassau Point Town of Sot~thold Suffolk County, New York S.C.T,M.: 1000-104.00-04.00-002.000, 003.000 & 004.000 1000-038.00-02.00-027.000 & 028.000 40 0 40 ~ I I SCALE: 1 NOTES: 1, AREA OF EAST PARCEL = 45,645 S,F, 1, AREA OF WEST PARCEL = 2,051 S.F. 2. · = MONUMENT FOUND, A = STAKE FOUNO. 3. RE: THIS PARCEL IS PART OF PLOT 130 FILED IN YHE OFFICE OF THE CLERK OF* SUFFOLK COUNTY ON MAR. 28, 19.35 AS FILE NO. 1179 4. REFERENCE DEED L, 6298 CP 500 L. 6551 CP 80 L. 7169 CP 172 MAR. 20, 2007 DATE: MAR. 8, 2007 JOB NO: 2007-111 CERTIFIED TO: THOMAS E. GIESE PAULETTE CIESE FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 FOX LAND SURV~YIzV~ 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 (651) 288-0022 DWG: 2007-111 EALS. j; For Office Use Only Fee: $/C~'~ Filed By:. Date Assigned/Assignment No. Office Notes: aouseNo. 90 Street ~7'&~t/~a SCTM 1000Section [~Block~ot(s)~O~'o0/ LotS~e I ~E) APPE~ THE ~ITTEN DETE~INATION OF T~ B~LDING INSPECTOR DATED ~- ~ ~ BASED ON MAP DATED Applicant(s)/~er(s): ~[4o ~ ~ S Telephone: c -~7~-72~- ~/Sg Fax g: ~ ~ 7l ~-~7~~ 3000 to NOTE: In addition to the above, please complete below if application is signed by applicant's a~orney, agent, architect, builder, contract vendee, et~, and name of person who agent represents: Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: --'-' Telephone '"- Fax #: ~ Email: ~ Ple. afi~ check box to specify who you wish correspondence to be mailed to, from the above names: ]glApplicanffOwner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED/~t4~t~/8, AN APPLICATION DATED ~. ~[, ~oo~' FOR: ~Building Permit ' - [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article,S__ Section 280- /2 ~-. Subsection Type of~ppeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, '~rhas not been made at any time with respect to this property~ UNDER Appeal No. Year~ ". (Please be sure to research before completing this question or call our office for assistance.) NameofOwner: ZB~Ie# ~1~ ~ REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because:' __ ' ' 7'"~ ~'-~d~~'~ -~,Of~/~';~..;~"~ (2) The benefit sought by Che applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~ 2, · ~ ~, ~ ~, ~ . . (4) The var~-'i'a'Ec%r3~il~DT have an adverse effect~It inipact on the physical or en~onmental conuitions in the neighborhood or district because: (5) Has the alleged difficulty been serf-created? ( )Yes, or ~'No. Are there Covenants and Restrictions concerning this land: ~ No. [3 Yes (nleasefurnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please beaut, attorn~ ~ g~atu(e o.f Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me thi~q ~ d~3~of ~-~ 200~'~ . Notary Public/] LINDA F~N~.IAR Notary Public ~ S~nte of New York f4o. 01E,~£;~73 ~°~m~iSslo~ r. ~';~ C'~unty Page 3 of 3 - Appeal Application Pall B: REASONS FOR USE VARIANCE (if requestecl): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The.applicant CAJ~NOT rea~llze a, REAS~ONABLE R~ETURN bej;:a,use.~ (~lescribe on a separate sheef)~'TTf~' ~v~r..~ ~-~ 2. T~ all~ed h~rdship relating to~e prope~ Is unlqu~ because: , 3. The alleged hgrdsh~ doesnt app~ to a subsfantlal~o~ion of t~isfr[cf or ~ighborhood ~ecause: ~ ~ ~ ~ ~ 4. The request wil~nof alter the ~ssentiaYcha~acter of the~eighborhood because: 5. ~h~alleged hardship h~of been self-c~e~te~ because: ' ~e~a~. while al the same time rese~Jn 6. THi~ Is fhe~ln~G~lie~ n c s a~, w p g aha pro~ecting the character of the neighborhood, and the health, safe~ andwelf?e o[the commugi~. (Please 7. The spirit of the ordinance will be obse~ed, public safe~ welfare will be secured, and substantial Jus?ce will be done because: (Please explain on a separate sheet if necessa~.) ( ) Cheek lhl* box ~nd eompl~ P~RI ~, ~u~tlon~ on pr~v~ou, p~, ~o ~pply ~R~ V~RI~ $1~B~RDS. (Pl~** con~ul~ your ~orn,y.) Sworn to before me this Slg~,ure of Appellant or Authorized Agent Autho.za,on from Owner) Notary Public - St~t~ of New York No. 01EN5073295 (~ualJfi~d tn N~ss~u Coun[¥ ZBA App 9/30/02 ~¥~y Commission Expires Feb. 24, 2011 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 ZBA File Info: 3/20/08. ZBA office called Mr. Giese to inquire about status o£mailings. Mr. Giese said they were away for two weeks and mailings were not done. Due to late time frame and inability to meet Code requirements for a March PH, Mr. Giese asked for an adjournment of the advertised Legal Notice. A complete application was expected with Affidavits and mailing receipts for the April 24, 2008 public heating. 3/31/08. Legal Notice for next step and mailings was faxed with instructions to applicant, and sign mailed separately (Apr 24 PH). Affidavits to be supplied when completed by applicants as per Code. TOWN OF SOUTH' r~ BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined 20__ BUILDIII~PERMIT APPLICATION C~I3CK~LIS~ 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 Storm-Water Assessment Form Contact: Date /- ~ ,20 oot~ INSTRUCTIONS a. This application 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 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 Sonthold, 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. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (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 LicenseNo. Plumbers LicenseNo. Electricians LicenseNo. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section /N~fi~/c, Block ~7(,~' ~' Subdivision '774~--*-< ~c-~ c '- Filed Map No. (Name) Lot Lot a. Existing useandoccupancy / q~/ X'¢~//~a~-~ b. Intended use and occupancy / ~-/~/ /' Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost d$0ot~' ~- Fee stmchon. Sta~ 6x~stmg use and occupancy of pr s and intended use and occupancy of osed coil Addition_ fi9 Alteration Other Work (Description) (To be paid on filing this application) Depth Number of dwelling units on each floor 5. If dwelling, number of dwelling units If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front '~/ / Rear '7/ Height 2¢ ' Number of Stories Dimensions of same structure with alterations or additions: Front Depth ¢2- ' Height. ~.~ ' Number'of Stories 8. Dimensions of entire new construction: Front $/~.~,~- - Rear Height Number of Stories 9. Size of lot: Front 2~'- c Rear ~ 5'- ' Depth 10. Date of Purchase ~7 Name of Former Owner ~'//.,b4lb~ 11. Zone or use district in which premises are situated A~ s r ~z ~/ /7~ &. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES___ Rear 13. Will lot be re-graded? YES Depth. &7 X'" NO NO ~' Will excess fill be removed from premises? YES NO Phone No. ~c~t ¢75-72X':qrgg _ Phone No ~'g[~" 5'3 ~ p,~'77 . Phone No. 14. Names of Owner of premises_¢2-t,~.o~ &~-"~- Address Name of Architect _.G./Te-/L- -~ 5a ';eg.... Address Name of Contractor Address 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOW2q TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES /c NO __ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. ~/~'-7~ ~ 0,'~ .do ~ "[OSf 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) -hb4 SS: co ¥ ~-~ ~ I ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, yHe is the ,~ht · - (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 tree 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. ,~, T~wn of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOR5 FE~ 2 0 200~ BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall~ fr proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review Law. This assessment is intended to supplement other infom~ation used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion H~tzard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and esplanations of each policy contained m the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its sig~fificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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 determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standm-ds and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# t/O7~' - Ooo,.~ _ 00.95. The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board [~ Building Dept. ~ BoardofTrustees / 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~5~- -P~it, approve, license, certiiifatiofii'-- -: .......... ~ Nature and extent of action: Location of action: Site acreage: · Present land use: Present zonh~g classification: 40¢~5/Dc-,./7-/~, If an application tbr the proposed action has been filed with the Town of $outhold agency, the Following information shall be provided: (a) Name of applicant: (b) Mailing address: ~ a. (c) Telephone nmnber: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or Yes [] No [~ If yes, which state or federal agency? federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [-]Yes ~-~ ]No ~Applicable Attach additional sheets if necessary Poiic~..T'f~t~cfa~(l~r-e~er~e-hislo?f¢'~nd arch'ii~ ologi~l resources 0=1' th-i~ Towii of-S3ht~ld. See LWRP- Section III - Policies Pages 3 through 6 for evaluation criteria "--[~--]--Yes ~-] N o ~pPlic;ble Attach additional sheets if necessary Policy 3. LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No ~NotApplicable Enhance visual quality and protect scenic resources throughout the Town of South01d. See Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structnres, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No I ~Not Applicable 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 ~ Yes [] No ~NotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal..-~- --~Fish and W?dlife Habitats and wetlands. See LWRP Section III - Policies;. Pages 22 ~-]'Y;;' ~-] 1N~ I~/] Not Appii~bie ....... Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~] Yes [] No Applicable . At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 forevaluation' criteria.' ' [] Xes [-~ Noir'Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [--] Yes[--] No_~NotApplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10, Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See/J..WRP Section III - Policies; Pages 47 through 56 for evaluation criteria, ~--[Ye~ [] Nbr--z/~ Not-APPll~-fi]5le" Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters.~RP S. ection III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] Nod I NotAppbcable ~-~- Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes ~'] No'Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polices 65 through 68 for evaluation criteria. [] Yes [] Noyl~Not Applisable Created on 5/25/05 11.'20 AM DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE March 20, 2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING 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 Comnnssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Giese, Thomas & Paulette 6143 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~099 TELECOPIER (6311 853-4044 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PEP~'~IT NO. 33509 Z Date NOVEMBER 2, 2007 · Permission is hereby granted to: T & P GIESE STERLING RD CUTCHOGUE,NY 11935 for : CONSTRUCTION OF AN INGROUND SWIMMING POOL IN THE REAR YARD, FENCED TO CODE AS APPLIED FOR at premises located at County Tax Map No. 473889 Section 104 pursuant to application dated OCTOBER Building Inspector to expire on MAY STERLING RD CUTCHOGUE ~lock 0004 Lot No. 004.001 24, 2007 and approved by the 2, 2009. Fee $ 250.00 ~~t b~S ignature COPY Rev. 5/8/02 (£old #2) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL PERMITS NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOK]50 CIRCLE RD STONY BROOK NY 11790 THOMAS GIESE PO BOX 509 CUTCHOGLrE, NY 11935 (fold #1) -- staple here NOTICE OF RECEIPT OF APPLICATION The Division of Environmental Perm/ts has received the application referenced below. The material submitted is being reviewed by staff, and you will be advised in writing regarding the department's findings. In all future communications, please refer to the Application ID number. Application ID: Date Receive& Applicant: Facility: Description: DEC Contact: 1-4738-03769/00001 October 15, 2007 THOMAS GIESE GIESE PROPERTY J/I FOR THE PROPERTY LANDWARD OF PRE-EXISTING ROAD KELLY ANN FELICE Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: - ~to ~/~- -- Date Prepared: BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: ato. M~- - ~ oaitr ._qTo,~.~ Dimensions of floor above second level: 4/0A/t2 ,~ ~' ~ · 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: . n/a · 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: Number of Floors and Changes WITH Alterations: 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: ~ o oo ~,~ -fr. Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: 4o /:~0~9 ~4] ~-d~ ~7~o 7/tt~ /~4£~Z~~ p/z ~./~ l~b d~l~Lo.g~~ ~4 y~-~ ' ~ooP i,,,.I ~eo~f T OF ~u, ro/rdt]. 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): 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 othere any proposals to change or alter land contours? [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is th~; 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? ~to 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? ~a'o Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~ 9/~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your b¢ilding permit,and map as approved by the Building Departmentanddescribe: ~drl D/~dO ~[-~tt Tff _~,.~5-oc~ ° aJG *d ?oo/ ."k ~t ~ ~'~ ~'~' G. Do you or any co-o~er also o~ other land close to this pmcel? ~&~ If yes, please label the proximW of yo~ lands on your map with this application. H. Please list present use or operations conducted at this parcel ff~r~M T ~d proposed use ~/MO~ /~~Ies: existing: single-family; proposed: same with garage or pool, or other description.) t~tr~orize~d Signature and Date 2/05;1/07 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FO For UNLISTED ACTIONS Only PART I - Project IrLformation (To be complete by Applicant or Project sponsor) Applicant / Sponsor 2. Project Name Project location: Municipality County 4. Precise location (Strsat address and road intamsctlons, promt~-snt landmarks, otc. si provids map) BOARD OF APPEALS ] 5. Is proposed action: ( ) NEW ( ) EXPANSION (t,,'~ODIFICATION / ALTERATION 6. Describe project bdefly: 7. Amount of land affected: Initially: acres; Ultimately: acres .1 If No, describe bdefly: 9. What Is present land use in vicinity of project: (describe): (/~esidentlal ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other IO. Does action 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 ac0on have a currently valid permit or approval? YES ( ) NO If Yes, llst agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? ( } YES f/~O If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge IApplicant/SponsorName:,,-/"~,4~'~ ~-~ ~"'~,~ Date: ~"~'$"~'~ Signature: ~' ' If the action is In"fhe Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment T]~NSACTIONAL DISCLOSURE FORI~I APPLICABL~IFO OWNER, CONTRACT VENDEE AN'~GENT: /~ 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 na other entity, such as a company. If so, indicate the other person or compar NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *lf"Other" name the activity: BOARD OF APPEALS 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? ' · ,, · Relationshi "inc ud~ .blood~marriqge, or~b.usiness int_e, rest. '_Bus'ne_ss interest" !neans a business includiny~_a ~, in whic~h, the Town officer or employee has even a a~l ownership of employment by a~rporation in which the Town officer or employee owns _.mgre than 5% he No If you answered "YES'; complete the balance of this fortn and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Notary PuE!~e - ~,t~te ef New York Submitted t~_~t_ day of [(~ Q) ~ 5 Signature:/ /~_ _ ~ - . Print Nam,~ -- - ELIZABETH A. NEVIIJJE 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 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 25, 2008 Zoning Appeal No 6143 Transmitted herewith is Zoning Appeals No. 6143 Thomas E & Paulette Giese- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Notice of Disapproval, Building Permit Application from 1/8/2008, Building Permit for Pool, Real Property Tax Service Agency noting new Tax Map number, 3 Property Record Cards, Receipt from DEC for application of pre- existing road, 3 photos of house showing proposed changes, survey from Fox Land Surveying showing proposed changes, Architecture plans for changes from Suter and Suter. Of Southold P.O Box 1179 Southold, NY 11971 Date: 02/25/08 * * * RECEIPT * * * Receipt#: 12284 Transaction(s): 1 1 Application Fees Reference Subtotal 6143 $150.00 Check#: 488 Total Paid: $150.00 Name: Giese, Thomas & Paulette 90 Sterling Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6143 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/22/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP K'LCEIVED Giese, Thomas and 488 $150.00 F~ '~ 5 ;_~=~; 6143 Paulette $15O.OO By ,~,~...-- Thank ou. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 27~ 2008: 11:05 A.M. THOMAS and PAULETTE GIESE #6143. Request for a Variance under Section 280- 122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an existing single-family dwelling maintaining the existing front yard setback, for the reason that the new construction will increase the degree of setback nonconformance when located less than 50 feet from the front yard line, at 90 Sterling Road, Cutchogue; CTM 104-4-4.1. 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.n¥.us. Dated: March 3, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 24t 2008: 9:30 A.M. PAULETTE GARAFALO and THOMAS GIESE ZBA #6143. Request for a Variance under Section 280-122, based on the Building Inspector's January 18, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Walz) concerning proposed additions and alterations to an existing single-family dwelling which will result in an increase in the degree of the existing front yard setback nonconformance, at less than 50 feet. Location of Property: 90 Sterling Road, Cutchogue; CTM 104-4-4.1. 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: March 31, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFO'L~- ' 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 20th day of March, 2008: Principal Clerk Sworn to before me this ~ons~ru¢I!?u~will__?_~ ih_ ~d?__g~¢__ O.f~ ~tt ~ ..... a. 16f~a bu__j~d?g~ and which dwellin~s, not tn exceed one dweilh~ on Southo]d, NY 11971 0959 \ OWNER FOF(MER OWNER RES. ~/Z- LAND SEAS. VL. FARM VILLAGE DISTRICT SUB. ACREAGE ;x ,~ TYPE OF BUILDING COMM. JiND. CB. j Est. Mkt. Value IMP. TOTAL DATE AGE 1 2 Tillable 3' NEW Farm Acre Woodland Swampland Brushland Hou,se Plot Total NOpU, AAL BUILDING CONDITION BELOW ABOVE Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. Extension Extension Extension Breezeway Garage Foundation Ext. Wails Fire Place Patio Driveway Porch I Bath Floors Interior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer ~~ .... -- ~TR~-- ~ v~ D,STR,CT SUB. FORMER OWNER N c~, . ' E . ACREAGE ~ S W /~ .t TYPE OF BUILDING A~E BUILDIN~ CONDITION NEW NOBMA~ BELOW ABOVE Farm Acr~ V~lu~ Ret Acr~ V~lu~ FRONTAGE ON ROAD LAND Tillable 3 Woodland Swampland Brushland House Plot Total OWNER I:ORMER OWNER :~E~.:~L ! O SEAS. VL LAND IMP. TOTAL .4. :: 0 ~ NEW STREET Ci~ C) N ?-', /, s, FARM DATE Fillable 1 Fillable 3 ~Voodland ;wamplmnd House Plot VILLAGE DISTRICT SUB. LOT /'~// ACREAGE I ~1',~ I / tt COM/vL I IND. I CB. j MISC. I M. Bldg. Extension Extension Extension garage Foundation Basement Ext. WalEs Fire Place Patio d~riveway Porch Porch Bath Floors Interior Finish Heart Attic Rooms 1st Floor Rooms 2nd Floor 11,~1)$/20(17 }[0g' ll]:5fi FA_~ 63176551T$ SOUTHOLD DATA PROCESSING DATE - MA# COORDINATE NOS, - DEED RECORDED ~N L,B£R IC?~"c:~..~) ,..PAGE~ SUBDIVISION NA~E OR NO. MAP BOOK__PAGE BL. LOT INDEX INITIAL SKETCH~ TAX S2RY~C~ BOARD OF A~£SSOR$ 10WN OF S0~MOLO ASSEMBLED AND RETIRED 1000-104-04-002, 003 & 00~. REPLACED BY 1000-104-04-4.1. OY~NERS: PAULETTE GARAFALO & THOMAS E. GIESE BY DEED 12520-015. RESEARCHER / Pt,-oT TER CHECKEO BY YW _DATE RpTSA Form I0) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of App/}fc~ant,s) CTM Parcel #1000- t'o/ - 5/ - AFFIDAVIT OF MAILING S ,/ COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the~day of~./~.4// , , I personally mailed at the United States Post Office in~ New York, by CERTIYlED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or pri?ze street, or vehicular right-of*way of record, surrounding the applicant's property. ~gnamre) Sworn to before me this ~ day of ~/~,-; [ ,200~ (Notary Public) ~ ~ttit11~ · 1t~ of N~ York · ~8~ 0tAL6140340 QUalff/~ ih Naleau Cou~ My Commission Expl~ May 15, ~10 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the owner names and addresses for which notices were mailed. Thank you. #8782 I-L/-- 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 each week for 1__ week(s), successively, commencing on the 10th day of April, 2008, Sworn to before me this rincipal Clerk day of (/~/' 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF HEW YORK No. 01-VO610B050 Qualified In SuffoIt( County LEGAL NOTICE SOUTHOLD TOWN ZON]ING BOARD OF APPEALS THURSDAY, APRIL 24, ~ pUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on ~ _FALO and THOMAS GII~S~E ZBA existing residential use in a residential #61-1~ Request fera Valiance under zone, applying Code ~eclion 280 122~ S~ 28(1-122. based on Ibc Building No!!conformine P ngs with Con- Ins. tor's January 18. 2008 Notice of lormine Uses. whic ates: A, Nothin~ Disapproval and ZBA Code Interpret i tion #5039 (Walz) concermng proposed additions and a0erations to :m existing single-family dwelling which will resuh in an increase in thc degree of the exist lng front yard setback nonconlormancc, at less than 5(I itel. Location of Prop erty: 90 Sterling Road Cutchoguc: CTM BI4 4 4.1. 9:40 A.M. CItRISI'OPIIER and EV- ELYN CONKLIN ZBA #6155.Request for a Variance under Sectgm 280 I I6B, based on the Building Inspector's April 2. 2008 Notice of Disapproval concern- ing proposed additions and alterations to the existing dwelling which will be less than 75 feet from the bulkhead, at 3400 Ole Jule l.ane at James Creek (dredged canal), Mattituck; CTM I(}00 122 4 20 I. 9:50 A.M. J~3/ VAN GELDER - ZBA g6148. Request for a Variance un- der Section 280 124, based on tile Build- mg Inspector's January 16. 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of thc ex- isting building, wdh front yard setbacks at less than thc code-reqUited 35 it. et. Location of Property: 10 Hickory Road and Chestnut Road. Sonthold; ('IM 54 6 14. 10:05 A.M. DONALD HOHN ZBA #6149. Request roi Variances undt'r Sec lions 280-15 and 280 124, based on the Building inspector*s March 17. 2008 amended Notice of Disapproval con- cerning a proposed new dwelling and ac cessory shed structure tot the following: (al the new construction will exceed the code limitation of 20% for lot coverage; (bi the new dwelling is proposed at less than 35 feet from the front yard lot line; (c) the proposed shed will be in a side yard rather than the code-required rear yard, at 945 East Gillette Drive, East Marion; CTM 38-3-2. 10:20A.M. AMESMEfiKO PAS- ZBA g6142 Request for a Variance un- der Section 280-124, based on the Build- ing Inspector's March 25, 2008 amended Notice of Disapproval concerning pro- posed additions and alterations to the existing single-family dwelling, which new construction will result in a lot coverage exceeding the code limitation. Location of Property: 1350 Sound Beach Drive, Mattituck; CTM 106-1-36.1 (for- mer]y 361. 10:40 A.M. CJCl CORP. - ZBA #6146. Request for a Variance under Section 280-50C, based on the Building Inspector's January 11, 2008 amended Notice of Disapproval concerning a pro- posed business building (retail business and contractor's yard) in this B-General Business Zone District, which building will have frontage greater than 60 linear feet along the street. Location of Prop- erty: 74495 Route 25, Greenport: CTM 11~0-45-4 4.1 . 10:55 A.M. MIC AEL KENIN ZBA #6153. Request for a Variance un- der Section 280-124, based on the Build lng Inspector's March 10, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling at less than the code-required 35 ft. minimum front yard setback, at 420 Lake View Drive. at Marion Lake, East Marlon;CTM 31-9-ll . 11:05 A.M. LIA P LITE an ~ ZBA #6129. Location of Property: 300 Jackson Street, New Suffolk: CYM 117-10-2. The Applicants propose renovations/alterations, addi- tions, and expansion of the existing ac- cessory cottage building and in this Ap- peal requesting the following: 11 Reversal (under Section ~80-1221 of the Building Inspector's November 8, 2007 Notice of Disapproval which states that the accessory coflage use is noncon- forming and constitutes a second dwell- ing unit, citing Section 280-121A. which provision states: Such nonconformine use of buildines ... may be continued indefinitely, exceot that such buildine or usc (A~ shall not be enlarged, altered. extended, reconstructed or restored or placed on a different aortion of the lot or oarcel of land occunied by such use 9~ the effective date of this chaoter, nor shah any external evidence of such usc be increased bv any means whatsoever. ond Notice of Disaooroval citine Sec Iion 100-31A. which orovisinn states: "In A-C. RS0 Districts. no buildine or orem- ises shall be used and no buildine or part of a buildine shall be erected or altered which is arraneed, intended or designed to be used. in whole or in oart. for any uses exceot the followine: A. Permitted · dses. One-family detached dwellines, not to exceed one dwelllne on each lot": 2) Interpretation to deal with this pre- in Ibis a~ licit shall be deemed to Drcvent thc ICIllOqi!21iIlff. reconstruction or en laiecment of a nonconformine buildine in Subsection _B(I) above shall be filed 735 Jackson Street, New Suffolk: CTM 1:35 EM. GR d KA EN under: (11 Section 280-124. and (2) Sec- setback, and for a swimming pool lo- able for review during regular business 54375 Main Road (Office Location) 53095 Main Road (Mniling/USPS) P.O. Box 1179 r~=l ~~A~AL USE j~ Po~aoe $OJd 0230 Postege Certr;ied Fee Return Receipt Fee (Er~lomement Required) $0.4! 0230 $2.65 $2.15 Here $ $5.21 ~E ~'C:'F~7 ..................................................................... ~:~.-~-----: .................................... ~ ..................... ...... lilT19 ............. I1'1 Total Po~tage & Fees ~,_~ _ O~. ................................ ~ ~,/ ~1~ r~;~7 ~'-""~ .............................. ....... .,.m~ .............. I flit ............. $0.~,1 0230 ~12.&S 01 Here s~-15 $ ~5.2! O1 ~.~ Here ~/0~200~ · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. r-i Agent q/Addressee D. Is delivery address different fTom ite~?/'~ Ye3 If YES. enter delivery address belo]~: [] No 1. Article Addressed to: ? /N:-. 3. Service Type I~:~e~tltled Mall I-I Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? ~ Fee) [] Yes [] Agent [] Addressee 2. ArUcle Number ~ (Transfer from service label) · Complete items 1,2. and 3. Also comptete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Add~e~,~=d to: D. isdelive~yaddressdiffemnt fmmifem 17 [] Yes If YES, enter delivery address below: [] No (~ Certified Mall [] Express Mall n Registered [] Return Receipt for Merchandise [] Insured Mail I-I C.O.D. 4. Restdcted Dalive~,? (Extra Fee) ['q Yes 2. Nticfe Number [Transfer from service label) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece. or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee B. Received by ( D. Is daliv~/address different flora Item 1' [] Yes If YES, enter delivery address below: 3. Se~ice Type ~l~Certified Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~ra F~e) [] Yes 2. Article Number [Transfer from service labeO i PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ~ 'ZONING BOARD OF APPEALS TOWN OF SOLrlTIOLD: NEW YORK In the Matter of the Application of (Name of Applica¢6) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon pphcant s Land Ide[ltffied as lOOO. fl. V/ COUNTY OF SUFFOLK) STATE OF NEW YORK) T/d~,o~,, A/,~f't/¢.gJS'Iqew York, being duly sworn, depose and say that: On the day of ./)~9,~. , , I personally placed the Town's official Poster, with the date of hearir~g hnd nature of~ny application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for,seven days prior to tl'~t date of the subject hearing date, wh/ch hearing date was shown to be ?/ba,~/Z,~'~ (Signature) Sworn to befor%me fi?is day of ptfr, -- ,200~ (Notary Public) DANIEL P. ALDUINO · Notan/Public - State of New york No. 01AL6146340 Qualified in Nassau County My Commission Expires May 15, 2010 ,/ *near the entrance or driveway entrance of my property, as the area most visible to passersby. Thomas E. Giese 90 Sterling Road Proposed Garage Facia/Eve outlined in orange ./~/~ ~ ~ Thomas E. Giese · ~' 90 Sterling Road Proposed Garage Facia/Eve outlined in orange Thomas E. Giese 90 Sterling Rd. Cutchogue Proposed enclosure of Sto~p outlined in orange~ Thomas E. Giese 90 Sterling Road Cutchogue Front yard WIND-BORNE DEBRIS PROTECTION FASTENING FOR WOOD STRUCTURAL PANELS. For Max. 33'-0" MEAN ROOF HGT. HOUSES A,P.A. SPAN RATED 48124 GRADE 15132 STRUCTURAL SHEATHING -OVERLAp OPENING MIN. 4" TO ALLOW FOR FASTENER OONNECTION AND 2X4 SUBSTRATEWHERE REQ'D. ALL METAL PARTS TO BE GALV. OR STAINLESS STEEL. ALL PANELS, SUBSTRUCTURES, AND FASTENERS TO BE STORED AT HOUSE. 't S U. T E R ~N~ S U T E R DESIGN °' ARCHITECTURE · 'LANDSCAPE 'J-J~,.O~ '-' ./".LZZ_L-_i£_ 2't.. Y' . .' ' MAP NED BY ZBA DECISION # p.O. BOX 1709 124 iIES SUPAVENUE .QUOGUE, NY 1195~9- 631 65.3.3877 www. suterm~dsuter, eom FAX 63 I .653.3878 Figure 3.8a Corner Stud Hoiddown Detail - 3 Studs With Blocking 13 S 'U T E R ,, A~ S U T ' E R 'D~ SIGN · ARCIt ITECTURE · L,ANDSCAPE ~'O 'B"O-X I709 I24 JESSUP AVENUE QUOGUE, NY 1195'9 631.653.3877 'www.mterandsuter. com FAX 631.653.3878 , , , '91 .f!l.]~:m,k'm H]:t~H milql,llqlll CDnneclMn Requirements, [ach End Df Header HDD[ Header Uplilt (lbs) Lateral Spall Span 9OMPH r 10D~Pfl 9DM~H ~ 10DMPH ,~4 ~ i;~o ;I, ~,010 ' '~se" , J 16 1,960 ' 2,68D 1,144 I 1,408 * 8 ' "~68'T" a,7~2 -1,144 16 ~,S76 ~ 4,896 1,144 1,408 ..~ '-~C' *~ ._~,~.~,~ :[DaE: ~. :_1'-~1 _ -~:ii; .... .... __ i~'a~ _'" 41 1' / / FINAL MAP I / DATED 5~ID ~ / I ~P,~.I"~_ = /:o_-.,f-. o'7_ I'.'.'.'Z- q 7 T E .R AND S U T. E R DESIGN ARCHITECTURE , LANDSCAPE ' P.O.'BOX 1709 124 J'ESSUPAVENUE QUOOUE, NY 11.959 63 I .653,38'77 www. suterand~uter.eom FAX 63 I .653.3878 FI~-N~NAL MAP ,, IREVIEWED BY I SEE DECISION # IDATED.~/_.~../o~