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Home My WebLink About6190 APPEALS BOARD MEMBERS~ Gerard IZ Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.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 I 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 u SEP 16 2008 FINDINGS, DELIBERATIONS, AND DEtErMINATION MEETING OF SEPTEMBER 4, 2008 $outhoId Iown ZBA ~ ~190 - MICHAEL ~ASAGASTI & OTHERS, APPLIC~TS PROPER~ LOCATION: 345 Private Road, Southold CTM 78-9-40 SEQ~ DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this app~eation and determines that this review fails under the ~pe II category of the State's List of Actions, without further steps under PROPERTY FACTS/DESCRIPTION: The subject property is a 38,575 square foot non-conforming lot in the Residential R40 District fronting on a private paved road (50 ft. wide R.O.W.) located off North Bayview Road, measuring 235 feet along the front and rear property lines, and 167.14 feet along the south and 161.15 feet along the north property line. The property is improved with a single-family dwelhng, an attached deck and two accessory buildings. BASIS OF APPLICATION: Request for Variances under Sections 280-15 and 280- 124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning an as-built deck addition to the dwelling, which construction is less than 50 feet from the rear lot line and which has caused an as-built accessory building to be in a yard other than the code-required rear yard. RELIEF REQUESTED: The applicants propose to legalize an as-built wooden deck attached to a single-family dwelling with a rear yard setback of 19 feet when the code requires a minimum of 50 feet, and to legalize the location of an as-built accessory building (shed) which the deck causes to be partially located in a side yard instead of the code required rear yard. ADDITIONAL INFORMATION. Letters were received by the Board of Appeals from the adjoining neighbor to the south (Judith Terry dated August 6, 2008) and the east (Mr. and Mrs. Edward Deptola dated August 18, 2008) both in support of granting the variances as applied for. Page 2 - September 4 ZBA # 6190 -M. Anasagasti & Others CTM 78-9-40 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 deck and shed have both been in existence for more than 20 years, having been built by the owner's late husband in the mid 1970s' and early 1980's prior to existing codes. The rear property line is heavily vegetated with mature trees and shrubs and has minimal if any visual impact on the adjoining neighbor's privacy (see additional information above). 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 since both the deck and accessory building are as built. Further, since the applicant's house is located at 41.1' from the rear property line, any deck in the rear yard would have to be non-conforming, and therefore requires a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial for the as built accessory building (shed) since it is a small structure - measuring 10.1' x 12.4'- setback 12.5' from the rear property line, and only 3' +/- of the northwest corner is located in a non-conforming side yard. The variance for the as built attached deck with a 19' rear yard setback is substantial since it is 62% more than the minimum allowed by code. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the deck was built by the current owners/applicants without a building permit.. 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 relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an attached as built deck and accessory building while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Ohva, and duly carried, to GRANT the variance as applied for, and shown on the survey by John T. Metzger, Licensed Land Surveyor, dated October 24, 2007, and elevation diagram prepared November 20, 2006 by Penny Lumber, subject to the Page 3 - September 4, ZBA # 6190 - M. Anasagasti & Others CTM 78-9-40 following Conditions: 1. The deck shall remain open to the sky; and 2. The applicants/owners must obtain a building permit and certificate of occupancy. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, and Weisman. Nay: Member Simon. Member Dinizio w~-~bs~'n~ This Resolution was duly adopted (3-1-0). ~. //Oerard P. ~ehringer, C~airm~ 9//~2008 Approved for Fihng TO: Mike Anasagasti 345 Private Road Southold, NY 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILDiNG DEPARTMENT NOTICE OF DISAPPROVAL DATE: May 2008 Please take notice that your application dated April 22, 2008 For a permit for an "as built" deck addition to a single family dwelling at Location of property: 345 Private Road, Southold County Tax Map No. 1000 - Section 78 Block 9 Lot 40 Is returned herewith and disapproved on the following grounds: The proposed construction of an "as built" deck addition to a single family dwelling on a non-conforming 38,575 sq. fl. parcel, is not permitted pursuant to ArticleXXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between 20,000 & 39,999 shall have a minimum mar yard setback of 50'. The survey indicates a rear yard setback of 19'. Also, the construction of the deck is not permitted per Art. III, Section 280-15 which states: In the AC Disrict & Low Density Residential District, accessory buildings ... shall be located in the required rear yard..." The construction of the deck, caused the accessory building to be in other than a rear yard. / Authorized Signature N I I I I I SURVEY OF PROPERTY A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N.. Y. 1000-78-09-40 SCALE: 1~-30' OCTOBER 2,1, 2007 I I I / / I I / / / / ,'/ '/ / / AREA=38,5'75 SO. FT. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION Of' SECTION 720901:' THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS &lAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIONA TURE APPEARS HEREON. ~L MAP SEEt DATED~_~J~ I=MONUMENT =PIPE -~4~/?~ (62;1) 765-5020 FAX P.O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N.Y. 11971 07-216 PAGE OF II HOME & FLOORING CENTERS MAIN ROAD GREENPORT NEW YORK 11944 631-477-0400 FAX 631-477-0578 Cr'v,D ,JUN i ..... '%..% - O ee Vse Only Fee: $ ~ 0~) Filed By: ~ ~ Date Assigned/Assignment / Office Notes: SCTMlOOOSection'/~ Block C~Lot(s) ~tO LotSizeZS~I~/./( Zone I (~) APPEAL T~ ~TTEN DETE~ATION OF THE B~LDING ~SPECTOR DATED ~ ~ -~ BASED ON MAP DATED O~ ~ ~ Applicant(s)/Owner(s): ~ A~ ~j o AN~s n~, 'r ~ /A~ ~,~ ~ ~ rt'/,/~ MaflingAddress: ~f- ~.r~ ~0,'o ~r~o ~- Telephone:~i~ i~- [q 5o Faxg: Emaii: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent rchitect, builder, contract vendee, etc. and name of person who agent represents: ~o ~,~ ~ ~*,J Name of Representative: ff~ I ~( ~' /)ct°5<o t~ ~ OT I for ()~)_Owner,_or ( ) Other: Agent's Address: Telephone {~ :~ .-~)t~ t./~6 Fax#: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ApplicantJOwner (s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED t{~.z./ o ~ FOR: "~ilL'Building Pernut [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use ";grPermit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Articlek.~ ~u Section 280- i 2.~ Subsection Type of Appeal. An Appeal is made for: AVariance to the Zoning Code or Zoning Map. 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 ,~has 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.) Name of Owner: ~Tt'S ds ~ ~T( /' ~ASONS FOR ~PEAL {additional sheets ~aF be used with preparer's signatm A~A VAt. CE ~ASONS: (1) An undesirable change will not be produced in the C~CTER detriment to nearby properties if granted, because: ,): ~the' ~lelghborfioOd' t~r~ 0~ L~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicantt°pursue'°therthananarea'variance'because:~o/O (~o,,-~,e-~ot C-c~'~ t~5 c~v~- (3) The amount of relief requested is not substantial because: / (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~ ~e.. ~ ~ (5) Has the alleged difficulty been self-created? ~es, or ( )No. Are there Covenants and Restrictions concerning this land: '~ No. El Yes (olease furnish copy). 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 (N~) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A rTAC~tEOVSE' A IA/ CES~EET: (Please be sure to con, suit your a~/t~.) ~ SignatUre of Apltella~t or Authorized Agent (Agent must submit written Authorization f~om Owner) Sworn to before me thj~ / ) day of-'~r~ , 20 L~ ~' . CHRISTINE FOSTER Notary Public, State of New York NO. 01F06177911 Qualified in Suffolk County Commission Expires ~r 19, 2011 Page 3 of 3 - Appeal Application PoH B: REASONS FOR USE VARIANCE (~ff requestec~: 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 CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: ~Lc C,,s~,-~-, u~ ~ 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: tT t~ AN "~ ~" 0~ ~0 ~ G~D5 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: - 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the heallh,.safety and welfare of the community. (Please explainonaseparatesheetJfnecessary.) ~,4~-~ ~ ~_~4,a-,~.~ ~ ~[-~.<e.4 -Pay-, 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet it necessary.) ( VARIANCE STANDARDS. (Please consult your attorney.) signature and notary area below. ) Check this box and complete PART A, Questions on previous page fo apply AREA Otherwise, please proceed lo the Sworn to be[ore me thls $1gna~lure of Appellant or Aufhc gent (Agent must submit Authorization from Owner) CHR]STINE FOSTER Notary Public, State of New York No. 01F0617791! Qualified in Suffolk County ZBA App 9/30/02 Commission Expires November 19, 2011 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20.__ Approved ,20 Disapproved a/c Expiration ,20 PERMIT BUILDI~ERMIT APPLICATION CHECKLIE Do you have or need the following, before applyinl 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: Mail to: ~d~ 1 ~<, I~ Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,200 ~ 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 Southold, 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 applic~0~ 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 ~_.~dat~t-~r~ /~ r~acS&~-~Ttf .~r Ol-{'t~-~ (As on tDe tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer ~Name and title of corporate officer-~ i ;;') Builders License No. 5 Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street JUN 1 Hamlet County Tax Map No. 1000 Subdivision (Name) Section a. Existing use and occupancy I [zto'~i.c~' -.'h~Jffcc,"'] b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost )..Zoo °L /L,4ff~d If dwelling, number of dwelling units if garage, number of cars Height Size of lot: Front 0. Date of Purchase ( Addition//l $ 0 =, ~r') Alteration (Description) t 5'tq'g' Fee Number of dwelling units on each floor (To be paid on filing this application) If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front (o 'L- Rear 5'5' - '~'' Depth Height 1_o' ~ Number of Stories -z.- ( Dimensions of same structure with alterati~ons or additions: Front ~ ¢- ~lqe ok*l%, Depth z~' (¢~ ¢~,~*1~) Height t~'4~ (~oC~-*,-1~_) Number of Stories Dimensions of entire new construction: Front ~d_~,,.~.. Rear .<o fO,,-e... Depth Number of Stories Rear 's~sr" Depth t(,I.~ / Name of Former Owner ~ - - ' 1. Zone or use district in which premises are situated ~,qt 5 ~ ~>e_~,q't 2. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 3. Will lot be re-graded? YES __ NO )q Will excess fill be removed from premises? YES c,,12L/o ~'t-~ . ~o~ 4. Names of Owner ofpremises~o /~'a~r~/*~re~ddress 5'fc~°~'°' ~,.o PhoneNo. Name of Architect Address Phone No Nme of Contractor Address Phone No. 5 a. Is this prope~y within 100 feet of a tidal wetl~d or a ~eshwater wetland? *YES_NO * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this prope~y within 300 feet of a tidal wetl~d? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. [6. Provide survey, to scale, with accurate foundation pl~ and distances to prope~y lines. [7. If elevation at ~y point on prope~y is at 10 feet or below, must provide topo~aphical data on su~ey. [8. ~e thee any covenants ~d restrictions with respect to this prope~y? * YES * IF YES, PROVIDE A COPY. NO ¢TATE OF NEW YORK) SS: 2OUNTY OF ) ~v~ [df-- /hr fdt~ 6~-~Tf being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, iS)He is the (Contractor, Agent, Corporate Officer, etc.) >f said owner or owners, and is duly author/zed to perform or have performed the said work and to make and file this application; Ihat 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 t~ before me thisA , ~ ~ day of /4~, ~-* I 20 O~× APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~~ _ Applicant: ~k~ I C~k~L I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared II. New Construction Areas (New Dwelling or New Additions/Extensions): , Dimensions of first floor extension: ~he el< o ~, [,, ./z,{ ~ z..~ ~ t~ iL-- - E ¥ ¢ :;:r Dimensions of new second floor: ~ '~ Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characte.ristics BEFORE Alterations: I ?'/4 ~ To r,, ~t ,-~ I ~- - ~ ' 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: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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 QUESTIONNAIRE FOR FII JNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes '~o Are there any proposals to change or alter land contours? ~.~,No [] 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 the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: iO ~ L6 and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? t'~ ~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? gl~loe- (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 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? /'~O If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel and proposed use 3't~ l~ ~-,t~_ (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date !i' 2/05; 1/07 APPLi~. ~T_ ~R~qSACTIONAL DISCLOSURE FORM_ Thc 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 thc Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial,-unless you are applying in the name of Someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity; -- -- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, - Relatio~hi-" includes~7b blood marri~siness interest· "Business interest" means a b'-' ' -- -- ____ [nl mcau~ a ousmess includin a akrtnersh~vhich the T~wn qfficer~ even~partial ownership of~ em 1o ment b a co. oration in which the Town Of~oyee owns more th~an 5% of the YES V~___ NO If you answered "YES'", complete the balance of this form and date and sign where indicaterL Name of person employed by the Town of Southold: tq I c~,~,-{ /~ ~,e,a-~ rr" Title or position of that person: Describe that relationship between yourself (thc applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or descr/be 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. DESCILIPTION OF RELATIONSHIP Submitted this ~ day o f~'-') . Signature: -~d._~-O ~ Pnnt Name:~ f'. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 16, 2008 Zoning Appeal No. 6190 Transmitted herewith is Zoning Appeals No. 6190 of Michael Anasagasti- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Copy of Application for Building Permit with Disapproval Dated 5/6/08, Notice of Disapproval Date May 6, 2008 from Building Department, 4 Photos of House & Deck as it exists, Copy of Property Record Card (Both Sides), 6 Pages of Drawings Dated February 28, 1973 Showing Construction & Floor Plans of House, Survey of Property Showing Deck and Accessory Building (as it Exists) Prepared by Peconic Surveyors, P.C. Dated October 24, 2007, Drawings of Construction of Deck Prepared by Penny Lumber Dated October 2006 & November 20,2006, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/13/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6190 ANASAGASTI, Michael 2525 $400.00 ~UN 1 6 2008 Southold Town Clerl $400.00 By__ Thank'¢ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/16/08 * * * RECEIPT * * * Receipt"8: 21974 Transaction(s): 1 1 Application Fees Reference 6190 Subtotal $400.00 Check#: 2525 Total Paid: $400.00 Name: Anasagasti, Michael & Rose 360 Jasmine Lane Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6190 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road ® P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHO/D TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 21~ 2008: 2:45 P.M. MICHAEL ANASAGASTI & OTHERS #6190. Request for Variances under Sections 280-15 and 280-124, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning an "as-built" deck addition to the dwelling, which construction is less than 50 feet from the rear lot line and which has caused the existing accessory building to be in a yard other than the code-required rear yard, at 345 Private Road, Southold; CTM 78-9-40. 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: July 28, 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 / ~-~-~ #8950 /~ STATE OF NEW YORK) ) SS: COUN,TY 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 7th day of Au,qustl 2008. Sworn to before me this Principal Clerk dayof ~'~,~ 2008 NOTARY PUBLIC-STATE OF NEW YORK. NO, 01-VO6105050 Qualified in Suffolk County My Commission Expires Febfualy 28, 2012 requ~'ed 35 feet, at 340 Colonial Road S6uth~id; CFM 79-6-29. I0:25 a.m. THOMAS ZO1TAS g6191. 280-15, based on the Buildiog Inspec- tor's June 12,2008 Noficeof Disapproval tear 3~ard ot front yard,~at 6255 Route 48 (property adiacent to Long Island Sound), Greenporg CTM 40-1-7. 10:55 a,m. JOANN WALKER #6193. Request for a Variance under Section 28¢-I5, basedon t he Building ln&pe~tdi-~s or restore the danl~lit portion of any building damaged~dl[estroyed fisset forth in Subsection'~) alm~te shall:b~ filed within one year of the date of such damage and shall be accompanied, by plans forreconstraction whi~h;&~ to'such portmn, shall comply with the require. ~ents ~et forth above. If ~tibl/permit ia ssued, it shall lapse one year there&flex unless reconstruction in accordance the approved plans has been iniffaied: ~ 3): Ahernat/ve 5q Va_fi, ances based the Building I~poctor~ ~oveniber 8. 2007, Nofic~ '6~ Disappl?~al hfider soty ~ottage use :s. npnconfonniog.a~ Sune 13,2008Notice of Disapprovaleon. eonst~thtes a, second dwelling ~anit,'an4 oerning a. proposed accessory swimming as such may 'not be ehl~, agernd, PO01 structure i~r a yard other than the extend~d, reeonstruet(d~o~:~st~:ed o~ code-required rear yard (or fxonfyard) placed on a differen mon at 290 Town Harbor Terr po ~of:thb lot · ace, Southo d, . nor shag any external evid~nc~ of sue2 crM 66-I-33 (edjaeent to Little Pecoulc use be increased by any means what~o- LRG&L NOI~IC E 280-i5, bfised on. ihe Building Ins c tor's fdne 4, 2008'N~iee of Disap~r0P~val COncerning a'proposed access~or~ - exceeding 20 ft. in height wi~'~*pro- posed setback at less than-Z0ff~h~om 2O08 9:30 ann. 2000 BROADWATERS LLC g 6186, Req~test for a Variance un- der S~efion 280 12g based on the Build- log InsPector's May 12, 2~08, Notice of ~isa,?rov~l cqnc~rnth$ a~ proposed new code:required 35 feet from the ~nt lot;/ine.(after_ ~ demolishing, the :6:0 ~g the Building Inspector's NotiCe of Dis- apPr6val arbg The bgild ng sha ndtbe enlargnd, ake~ed, ext0iided, i:&onstmct- ed or re~tore~ or rep aced On* a different portion ofthd lot br parcel ~f land oc~u. pied by suoh me.,. nor ~hall,any external means whatsoever, and ~21 One-family detached dwellings not rd exceed one dwet thg on each lot. Location of Prop. erty: 2950 Vanston Road. Cutchogne; Request for a Special Exce tinfl under Section 280-13B to esta .I~ , bhsh an Apartment m this dwelling, with Location of Drive, ;Lot #192, Ma Estates, Block 15 s~tuated at Maffituek: CT~106-54, lc40 -p.m. '5PYRO AVDOULOS ~61//9. Request for /t~ Vafiince under Sbction 280-116~(1),ba~d ors fl/e Bin d- iogq~spectoi%:Jim~~ 10, ~008 ~ofic6 ~f Disapproval concermng a proposed at less than the code-requ red i00 fool the; fr, om yar~! 10t IM~e (swimming pooI mir/mum from the top of the bluff or ann sned~; and:(4)*lotcoverage n.~.xcess bank of the Long Island Sound, at 54985 of the c0~ lkhiiatibh 6f 20~o fall eon. No~h Road, Greenport; CTM 44-1-5. stole/ion, Locati -'-- . z!00 P-re. LIA POLITES and KEVr~ ~ ? ?' °n: ~5005 Nor thi'l~oad FERRo ~6129.a~ Am~--~a t . ·.~" ;aouthold;CTM52.I:10andi cO~bioed ot rroperty: 300 Jackson Street ~ ....... ?' ' ~ :~uffo.lk;,GlrM 1L7-10-2 TheA~ ~ o ~-'fi~P~'m-MICHAELAN~SAGaSTi _;~io~s~/Z&iovatiOhs/it~Fv~, .m),9 ~Ul~lERS4hSl90:RequestforVarianc. Pl~ { s amended) request the roi- ~ a ......... PP I COncern. 1) Reversalofthe Buildioo Ins ...... ~'~lllng~, which ,~nsthlction is less Whic ~ pp oval has caused the exia ' - h states.-~hat the accesse cotta ting accessory bu us ' ' ' . ry ge mg to be In aard e IS nobcon.f?mmg and Constitute~ reqmred' rear y other tha~l the cede- a seCond dwe lln · unit . · . yard at 345 Pnvate Road non onfor ,ng use of h, dinos ma- Rescued for Ca yover: y, except that ance for deck addition to the dwellinKai less than 75fleet from the bulkhead, at 1475 Pine Neck Road, Soutnold; CTM 70-5-40. such,building or use fA) shall ndt be en- larged, altered, extended, reconstructed or restored or placed on a different por- tion af the lot or parcel of land occupied by such use on the effective Oa~e of this chapter, nor shall any external evMence of such use be increased by any means whatsoever, and Nonce of Disapproval citing Section 100.3lA, which provision states: "In A-C, R80 Districts, no building 9r premises shall be use~ and no budd- ing or part of a binldmg sba0 be erected or altered which ~s arranged, intended 9:50 a.m. RYAN and JENNIFER ~r S~c/ions 280-1~6 a~d-2~0-124 based On the B~fl~g ~sp~}Or s May 15, ~: No,ce of D~app~ovM .~n- 15 feet on & ~le side yard, le~ ~ or designed to be useo, in who e or m 35 feet on ffitM si~ Y~, and-less t~n part, f~ any uses except the fo owing: ~,~q28-6-8. .. ~ ' ~) Ir~reta~on to deal with ~is pre- ~,~??~*~.~I emstmg residen~hl 'use iff a residential S I~8. ~E~ for ~ V~ce under zone, gpplyihD Cdd~ e~°n~8~t~ ~'~0a124 ~A ~rn- an~°r~80-I22, N°ne°hfoming Build- f~i wi~onfommg Use~ wh ch states: m~ta~5039), ba~d ~ Bu id- A. No~hg.in thi~afficle shag be deembd ~ ~'~e~ ~e ~a~d ~eafe ~y ne~'non~nfo~an~ or ,ag~s:~:10 feet, 1~ ~ 2~ fe~t 'o~ ~yase -~e ~egree o~ n~n~o~an~ t~ ~ .y~t ~0$U~ .~ ~d ~th regard to ~e regninfions peaMfith .... ;~~. u~g~eonta~g a mhf~m~g use ~hieh has been dmag&d by fke or ~er CIA ~AS ~ ~196. Request for a ~,~ei~A ~ ~uses mYme extaneof~more ~u 50% 12~ ~d,$a ~e--B~/Sfis~: q~gs~fak,,galue-~ not be. repaked or addihon ~fi ~ crating de~eW~ch Yg~,~a~men~of ~¢ Bulk Scheau new commcOon creates a new. non- (23 Ap~iieatio~ for a pe~}i to pool and shed.consisuction at: (~1] less athd? 100 feet from the topo£ the bluff acent to the L.I. Sound;'(2) ]es~ ihau the cod~required minlm~im 1~ f~ ~ de ?ard (new d'~dglng); (3~ 'side tlOn ann setbackatles~ than*4O fe~t~on~ The Board of Appeals will hea~ all persons, or their representatives, desir- Lng tO 0e heard at each hearing, and/or desiring to submit written statements before the conclusion of each heanng. Each nearLng wdl not start earlier than designated above· Files are ayallable for re}qew dunng regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (63i 765-1809. or by e-maR: Linda.Kowalski@Town. Southold.ny. us. Dated: August 4. 2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER CI-I~IRMAN By LINDA KOWALSKI 54375 Main Road (Office.Location] RO. Box 1179 Southold, NY 119~1-0959 8.~950-1T_$/7 ~ JUDITH T. TERRY 600 Highwood Road Southold, NY 11971 Phone & Fax - 631-765-5422 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, New York 11971 Re: Appeal #6190 - Michael Anasagasti & Others August 6, 2008 Ladies & Gentlemen: As the owner of the parcel to the south of the subject property on Private Road #21, Southold, please be advised that I have no objection whatsoever to the granting of this appeal #6190. The deck in question and accessory building adjoining my property are tasteful and an asset to the neighborhood. I strongly urge you to grant approval of this appeal by the Anasagasti family. Very truly yours, Judith T. Terry cc: Michael Anasagasti APPEALS BOARD MEMBERS Gerard R 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 · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 15, 2008 Mr. Michael Anasagasti & Others 345 Private Road Southold, NY 11971 Re: ZBA # 6190 - Application by Mr. Michael Anasagasti & Others(Variances) Dear Sirs: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski TOWN OF SOUTHOLD /~ FARM s ,s.v,. IMP. TOTAL PROPERTY RECORD CARD VILLAGE V COMM. CB. MICS. Mk DATE REMARKS DIST.J SUB. LOT ACR. TYPE Of BUILDING Value AGE ' NEW FARM Tillable Woodland Meadowland Hous~ Plot Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM ud Extension I I I 'Foundation Bath , ~. Dinette Po~ch Basement ,~//~ ~. Floors ~ ~/~ K. ~ h ~'c, . ! ~F~re PIoce ~ ~ Heat ~E ~ DR. Breezeway j J [ ' Garage J / ~ ~' ~:) ~ 2~ ~'~ :' j .~ J z ~ ~Type RoOf Rooms 1st Floor BR. Pail9 I ~Recreation Room . Rooms 2nd Floor FIN. B Total j ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ooo- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING , New York, being duly sworn, depose and say that: On the l-0 day of 4oc,-o6-/'-,_ , I personally placed the Town's official Poster, with the date of hearing attd nature of my application noted thereon, securely upon my property, located ten (10) feet or closer frmn the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject heating date, wlficb hearing date was shox~m to be 8' ~ ~ t - o <~ Sworn to before me this /b- day of(d-~d~00 o (Notary?ublic) LINDA K KOWALSI(! O i~RY PUBLIG, ~I'ATE OF NEW YOI~K NO 52-4824771 :::;~:ION E~alRF~ NOV aO, *near the entrance or driveway entrance of my property a.s the area most visible to passersby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your nome and eddmes on the reveme so that we can return the card to you. · Attach this cord to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A z. 2. Article Number (Transfer from service Pdnted Name) address different fTom item If YES, enter delivery address below: [] Agent [] NO m I3. Service Type ~'Certffied Mall I-I Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D__._.__~_ _ er7 (Extra Fee) [] Yes 0710 0003 2876 6178 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: 2. ArUcie Number '""~ ' (Transfer from service label) -'~s Form 3811, February 20~. [] Addressee B. Received by (printed Name) of Delivmy If YES, enter delivery address below: [] NO S. Serv ce Type ~[ Cart fled Mail r-I Express Mail r'l Registered 0 Return Receipt for Merchandise ~ [] Insured Mall [] C.O.D. -- Fee) i-~ Yes ~ Restrk,'ted Delivery? (Extra~ 7007 0710 nDD3 28?6 6215 ~ 102595A)24Vl-1540 Domeetic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveree 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. 2. Article Number ~ OO (Transfer from service lab~ [] Addressee If YES, enter delivery address below: [] No 3. Service Type J~'Certitied Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7007 0710 0003 2876 6123 ~3 , PS Form 381 1, February 2004 Domestic Return Receipt · 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. ArticleAddressed to: [] Agent [] Addressee , address different from item 1 ? Yes If YES, enter delivery address below: [] No 2. Article Number '7 ~9' u , (Transfer from sea, ice label) 3. Service Type ~]~Certified Mail [] Express Mall I [] Registered [] Return Receipt for Merchandise l [] Insured Mail [] C.O.D. ! 4. Restricted Delivery? (Extra Fee) [] Yes 70070710 0003 287~ 6208 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · 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 bock of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee B. Received by ( C. Date of Delivery D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No Ii Service Type ~;'{Certifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. · Restricted Deitve~J? ~xtm Fee) [] yes 2. ~icleNumber ~O~ ~ 0 ~/~ ~ ~mns~m~i~ 7007 0710 0003 2876 6185 · 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. · At~ach this card to the back of the mailpieca, or on the front if space permits. Addressee pdnt~l Name) ). ~s delivery address c from item 1 ? [] Yes If YES, enter delivery address below: [] No Service Type ~,-Oertffied Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes (Tra,sferfromserW~. 7007 0710 0003 876 92 PS Form 3811, February 2004 Domestic Return Receipt 1025954)2-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel # 1000- AFFIDAVIT OF l MA LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~'o o-~ . New York, being duly sworn, depose and say that: On the ,;~-tUaday of ~o~-o 4"-~, , 1 personally mailed at the Un/ted States Post Office in .,X-~ .~-'*FiT~ l,~ , New York, by CERTII~IED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to cun'ent 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 wbich abuts and is across a public or priv,~te street, or vehicular right-of-way of record, surrounding the appliCant's property. Sworn to before me this ~-c dayof 4 ocri ,200J~-' (Notary Public) QUALIFIED tN SUFFOLK COM~tSSION EXPtRES !~ ~ PLEASE list~ on the back ofttfis Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Name Address I Address 2 City State Zip Code I Judith Terry -,-} ~ _ e/~ g 7 600 Highwood Road Southold NY 11971 2. Robert Hanlon "2 ~ ~ e~ - 9 I 755 W. End Ave Apt 16-B New York NY 10025 3.~ Carolyn Serbes ~ g .- ~J - q.1. 640 North Bayview Road Southold NY 11971 4. Joanne Doerin$ 7 ~ -. ? ~- ~ ~6 260 Hishwood Road Southold NY 11971 5. Laura L, Deptola '7 ~' ~ "~ ~ 'P-q' 430 Highwood Road Southold NY 11971 6. Kenneth Wokosky '7c~ ~ ~ "~'~' POBox361 Aquebogue NY 11931 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee $0,42 $2,70 $2,20 $5,32 m Postage CerUPed Fee Return Receipt Fee (Endomement Required) RestriCted Delivery Fee (Endorsement Required) Total Postage & Fees $ S0,42 0Wl $2.20 $ $5.32 State, ZIP+4 NO.: $0.42 $2.?0 $2.20 $5.32 Postage rtl Certified Fee E~ Return Receipt Fee r--I (Endorsement Required) Restricted Delivery Fee {Endorsement Required) r~ Total Postage & Fees ~ $0.42 $2.70 $2,20 $ $5.32 r-- $0,42 r--I Re urn Receipt Fee [~ (Endorsement Required Restr ctad Delivery Fee E~ (Endorsement Requ red) ~ $5.32 ° ~o. ¢o m $2.70 $2.20 SLEEPY HOLLO~ TOWN CLERK'S OFFICE ~,,,/ ) z~,, . - )~: .~,D" ~? ,,/. ~% SOUTHOLD, H.Y. - ,~ / ,:~ /4 ~, ~ Examined ~'~ ~ ~' , 19'7.~ ,:, .... r /',' .~z,~-', ~'S ) ~ ~ ~ ............................................. ) Application No ........ ~.~..~.. ............. ,' '~ ................................................................. ~~ .............. ~ ~e,.//,,. ~, ,~,~ Yr. '"'~ "'~ ~: ~,o~ ...~ ........ ~~. INSTRUCTIONS , ..:...~~ ..... L~..~,x~: ~ ............... . State whether applicant is owner, lessee, agent, a~ineer, general contractor, electrician, plumber or builder, Name of owner of premises .......... .~'~L~ ~ .....~...-...~._z:;~..~., ........................................................... If applicant is a corj3orate, signature of duly authorized officer. d(Name and title of corporate officer) ]. Locat on of land on which proposed work will be done. Map No.: ....... ., ............................................. Lot No ............. an,, ,ember ......... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: I' : a. Existing use and occupancy ........... .~j.(:~...C.-~.=~;,,~ ..................... ; ........................................................................ b, Intended use and occupanc ..~~ ...................... : N I I / I I I I I I / ./ / / AREA=88,575 SQ. FT. / / ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAHL EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS blAP AND COPIES THEREOf' ONLY/F SAID MAP OR COPIES BEAR THE 1t4PRESSED SEAL OF THE SURVEYOR I, tII"IOSE SIGNATURE APPEARS HEREON. SURVEY OF PROPERTY A T BA YVIEW TO WN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-78-09-40 SCALE: 1'--30' OCTOBER 24, 2007 e4xe°~ bl~ ,9~.4,6,~.,s' ¢. · =MONUMENT · =P/PE ~,. OF NEt ~ 618 (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRAVELER STREET sou~o~. ~v.Y. 11~71 uf-,~.~o iI it Penny ~ Lumber I MAIN ROAD NEW YORK GREENPORT 11944 IDRAWING SCALE ~ DATE OCT" 0~, Southold Town Board of Appe~s -8- May 27, 1965~ PUBLIC ~RARING: Appeal No. 774.- 9: 00' P.M. (E.D.S.~T.), Upon' application Of Jordon M. Iserman,i 22 O~.ood Road, Huntington, N~ York~ for a varl~ce in acc~nce wl~ ~e' State of New York Town Law, Section ~80A~ for app~val of access.. ~cation of 'property: sou~ side Nor~ Ba~iew 'Road, Sou~old, New .York, bounded nor~ by Nor~ Ba~i~ Road, east by~So~ Parish Real~y Corp.~ south by ~orne, west by'O. Stanley El~edge. Fee ~id ~e Chai~ opened ~e hearing' by.rearing a~licatlo~' ~publication ~ ~e official n~spap~, and no~ice to ~e applicant. '. ~ c~. Is ~ere ~yone preset who wishes to spe~ in favor'of ~xs applicmtion? '~ g~. Is ~ere~yone present w~o wi~es .to spe~ aga~st '~-is application? (~here was no response.) Tkl~ C~: We will recess this hearing until such time as the 'proposed right-of-wayhas c~mplied with the following general sPecifications: 1~ Cleared to a mininum of eighteen feet (18') on each side oft he property 1/ne. 2. Remove st~mps, ~oots,'"duff"~ leaves~ etc. Backfill with "bank run" - sand and gravel~ Graded to anu~niform smooth surface for the passage of all.-emergencyvehiclesat all times of the year. PUB~ICt~a/~ING: Appeal No. 775 - 9:15 p.-Mi'~.D.S%T.}, Upon application of'O. StanleyEldredge, Jrt,: 137 West'Neck Road, Hunt/ngt0n, New York~ for a variance in accordance with the State of'New York Town Law, Section 280A, for approval ofaccess. Location of property: so,~h side North BayvieW'Road, Southold, New York, bounded north by North Bayview Road~ east by Jordon M. Iserman, south by Thorne, west by "Bayside Terrace". Fee paid $5.00. Southold Town Board May 27,' 196bj~ The Chairman opened the hear/ngby readingapplication for'a variance, legal notice ofhearing; affidavit'attesting to its publication~ the,official newspaper, and notice ~o the applicant. THE CHAIRMAN: Is there anyonepresent who wishes to speak in favorofthis application? (Both M~ Iserman and Mr~ Eldredge were present at the two beforementioned hearings. They had nothing further to add. to the application itself~) T~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no responsej) T~ECH~IR~AN: We will recess thishearinguntil such t/me as the~proposedaccess has complied with the foll~wing general specifications: ii Cleared to a mininum of eighteen feet (18') On each side of the property 1/ne. 2. Remove stumps, roots, "duff", leaves, etc. 3. Backfill with "bank run" - sand and gravel. 4. Graded to an uniform smooth surface for the passage of all emergency vehicles atall times of the year. On motion by Mr. Glllisple, seconded by Mr. Hulse, it was P. ESOLVED that the minutes of the'Southold Town Board of Appeals dated May 13, 1965, be approved as submitted. Vote of the Board: Ayes:- Mr~ Gillispie, Mr~ Bergen, Mr. Hulse. TOWN OF SOUTHOLD BUILDING DEPABTMENT TOWN CLERK'S OFFICE SOUl*HOLD, N, Y. ROTICE OF DISAPPHOVAL File No ............................................................. Date ............... :.. ....... ~la~..,...11 .........196~.. To ..,~Ql~dan..H Iser~mn ................................. .......... 22 ~o.~d..R~ad ................................ ............... ~U~;~g.~, ..~,. ~f~ .......................... PLEASE TAKE NOTICE that your application dated .................... ~B~....I~. .............. 19~.. for permit to construct .~.~.~I~S ................ at the premises located at ..~... ~[~.~'~ l~Oad ......................................................................... Street 8outhold~ NoZ, Map ............ ~ ................ Block .....~ ...................... Lot .. ~ ................................. i~ ~ disapproved on the follow[nfl grotmd~ .Lack..o~..~pl~cl..a~ce~s ..~.~...~.~!t !-.9!t ..~9~.~., .......... ~w~...!~.w.... ~.~.c t~l..cn..~A ,~3. ................................................. OZONING BOARD OF APPEALS 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: http ://southtown,northfork.net July 2~7, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent appl'ication. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 4th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._JI 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 any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearin~h providing the returned letter to us as soon as possible; AND not later than Au.q 8th: Please either mail or deliver to our office your Affidavit of Mailing (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 Auqust 13st: 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 August 20, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ANASAGASTI, MIKE #6190 MAP # 78-9-40 VARIANCE DECK AND GARAGE LOCATION REQUEST ADDITIONS/ALTERATIONS DATE: THURS, AUG. 21,2008, 2:45 PM 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