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Home My WebLink About6181//I 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 SOUTHOLD 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 .RECEIVED ~r Il.Ill Tel. (631) 765-1809 · Fax (631) 765-9064 ~-~ ~E? 1 2 2008 FINDINGS, DELIBERATIONS, AND DETERMINATIONS. ~ MEETING HELD SEPTEMBER 4, 2008 ZBA # 6181 - RONALD F. and MARILYN A. GALLAGHER, APPLICANTS PROPERTY LOCATION: 2950 Vanston Road, Cutchogue CTM 111-5-7.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 29,852 square foot parcel in the Residential R-40 District, measuring 71.94 feet and 194.50 feet along Old Cove Road to the north, 153.0 feet to the east, 318 feet to the south, and 66.19 feet on Cutchogue Harbor to the west. The property is improved with a single-family, two'story dwelling and a single-story accessory unheated cottage with an adjoining garage, as shown on the survey by Roderick Van Tuyl, P. C., dated September 7, 1994. BASIS OF APPLICATION: Request for Variances under Section 280-121 A, based on the Building Inspector's April 9, 2008 Notice of Disapproval concerning a proposed addition to the existing garage which is attached to a nonconforming cottage, accessory to a primary dwelling. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all Page 2 - September 4, 2008 ZBA# 6181 - R. and M. Gallagher CTM 1000-111-5-7.2 testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicants seek a variance for a two-car garage addition, in place of the existing one-car garage. 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 a variance for the addition to convert an existing one-car garage attached to a preexisting accessory cottage to a two-car garage will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The house is at the end of a long private road. There are no other houses within 100 feet. 2. Town Law §267-b(3)(b)(2). The benefit of adding garage space for a second car cannot be achieved without a variance, given the nonconforming nature of the building that houses the garage. 3. Town Law §267'b(3)(b)(3). The variance sought for a larger garage is not substantial. The garage addition will amount to 500 square feet and will occupy a portion of the driveway adjacent to the existing one-car garage. 4. Town Law §267'b(3)(b)(5). The difficulty was created when the cottage and garage was built prior to the existence of zoning requirements. The Building Department issued a pre-existing certificate of occupancy for the cottage with garage on May 29, 2008. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-car garage addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - September 4, 2008 ZBA # 6181 - tL and M. Gallagher CTM 1000-111-5-7.2 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 Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the May 19, 2008 Diagrams A- 1, A-2 and A-3 prepared by Mark K. Schwartz, Architect, subject to the following CONDITION: That no heat or air-conditioning shall be permitted in the accessory cottage. 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 minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon and Weisman. Absent was Member Dinizio. This Resolution was duly adopted (4-0). //GEtL~R~ P. GOEHRINGER, CHAII~/MAN 9/// /2008 ~Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 9, 2008 TO: S&S Construction (Gallagher) PO Box 1637 Mattimck, NY 11952 Please take notice that your application dated April 3, 2008 For additions and alterations to an existing non-conforming accessory cottage at Location of property: 2950 Vanston Road, Cutchogue County Tax Map No. 1000 - Section 111 Block5 Lot 7.2 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations are not permitted pursuant to Article XXII Section 280-121 A, which states that such building or use "Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever." The existing accessory cottage is non-conforming pursuant to Article III, Section 280-12, which states, ~'ln A-C, R-go, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." This Notice of Disapproval is based on plans dated,February 4, 2008, byX~Mark Schwartz~ Architect. Autl~brized i~nat~ 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. / TOWN OF SOUTHOLD LOT h,lC)'5. EXISTING ENTRY ING ~ ~ PORCH -'~ .-/ ~ , NEW % , ~H~ um~lmG RM LEXIS'~ ~ ~'"'* ',w~t ~. [ ;.[ I/DIN GRM ~TCm ~ ~. ~, ~~ * STORY [REVIEWED BY ZBA/ ~ ~ PLOT P~N SC~M~O00-~-o~-~.= ~ ~ 1"=20"-ff' G FOUNDATION PLAN 1/4"= 1LO" I I REVISIONS U.I DRAWN: ]G SCALE: AS NOTED ]OB #: MAY 19, 2008 SHEET NUMBER: A-1 N NOI~ ~,C~ 1'0 FINAL MAP REVIEWED BY ZBA ~ ~SEE DECISION ~ ..... [DATED//~ STORAGE N~W 2~' WKI.5, ~,fOd ~XIS~NQ } ~W CSM1'WPW · J ~W 0080 ~ gO0~ N~W 0080 6Av.~5~ PO0~ 2 FIRST FLOOR P~N ~ FOUNDATION P~N 1/4"= 1'-0" ~ SECTION 1/4"= 1'-0" FINAIL MAP REVIIEWED BY SEE DECISION _~ATED__~/¢ / ,A~oo~ 12 ~L ~ROOF PLAN 1/4"= 1'-0" REVISIONS Z U.I DRAWN: .]G SCALE: I/4"=1'-0" 3OB #: MAY 19, 2008 SHEET NUMBER: A-2 12 (~ NORTH ELEVATION 1/4"=1""0" ED BY ZBA! 12 ~) SOUTH ELEVATION 1/4"= 1"-0" (~ WEST ELEVATION 1/4"= 1"-0" (~ EAST ELEVATION 1/4"= 1 "-0" REVISIONS O "' SCALE: 1/4"=1I-0" ~OB #: HAY 19, 2008 SHEET NUMBER: A-3 Fee: $ Filed By: Date Assigned/Assignment Office Notes: House No. ~t~O Street ~4~,';~ ~O ~amlet SCTMlOOOSectionll! Block ~"'Lot(s) 7./~ LotSize ~J¢/~' .7,/-: Zone I (WE) APPEAL T~ ~TTEN DETE~INATION OF THE BUILDING INSPECTOR DATED ~ff~L ~ ,2*el BASED ON MAP DATED ?/7/q~ ~_ Applicant(s)/Owner(s):. 7~0 ~ ~Zff~ ~ ~',~1/~ MailingAddress: ~ b/~-~ ~ <'~'/~:~u < ~e,~ ,~ ~/ Telephone:, 7~ ~- ~65 ;~ Fax ~: -- ~mail: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: 5~'Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED .ff~'t~// ~ ~' FOR:" g~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article X X it Section 280- /~//9' Subsection Type o~ A~peal. An Appeal is made for: . g~A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal/3 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.) amc of Owner: ZBA Fill#- REASONS FOR APPEAL (additional sheets mar be used with preparer's signature}:] lbo ~F (1) An undesirable change will not be produced in the C~CTER of the neighborh~---- detriment to nearby properties if granted~ because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (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' . .z~.~t'~' / ' ' · ~ ' ' (5) Has the alleged difficulty been self-created? ( )Yes, or (~/No. Are there Covenants and Restrictions concerning this land: 5gqNo. [] Yes (please furnish cop~). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to,before me this .lq Nbt'a~y- ~'u blic U MELANIE DOROSI(/ NOTARY PUBLIC, State of New York No. 0100463,1870 Qualified in S ffoJk County ~ Commission Expires September 30,~...~? 'gnature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) DEPAR'[MENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 ISLES, Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gal lagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 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 11788-0099 TELECOPIER {631) 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 1 ~971 TEL: (631) 765-1802 FAX: (651) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20 Disapproved aJc 4/~ ] ~ Expiration ,20 PERMIT NO. '"lS~lding BUILDING PEI~IT APPLICATION CHECKLIST Do you h~ or need the following, belbre applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey Check '/ .~ Io[ 3' Septic Form N.Y.S.D,E.C. Trastees Flood Permit Storm-Water Assessment Form Contact: Mail to: eh°ne: C'KY$/' /// /7J7 APPLICATION FOR BUILDING PERMIT Date ,20 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 ora 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 promises and in building for necessary inspections. (Signature of applicant or name, if a 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 ~R 9 N0£/0 F', (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. 2_ ~' ~? /~--fi7/ Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: z q 5-o TOw' House Number Street Hamlet /t ¢35- County Tax Map No. 1000 Section /// Subdivision Block 06- Film Map No. Lot Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition X' Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ! ~ t z;//7 Rear /~ / ~/ ~/ Depth Height / q / Number of Stories / Dimensions of same structure with alterations or additions: Front ~ 0 / c2 ,r Depth ~o' '3 '/ Height /6 ' ~" / Number of Stories 8. Dimensions of entire new construction: Front Rear .Depth Height Number of Stories 9. Size of lot: Front Rear Depth Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES __ NO__Will excess fitl be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D:E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 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 __ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) .... SS: COUNTY OF'x i)~.,~3,~ 10 5Z,,q[,.v/()/~/~p~ ,,q'flL[~(.Y/T~9~/~/,ff/&[ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (,~l¢,'7~/q/c [~,7~ (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. Signature of Applicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspe Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANf tor REC~D JUL 9 2o08 ,~3OARD OF APPSALS NO: Z- 33058 Date: 05/29/08 T~IS C~KTIFIES t~at the building DWELLING Location of property 2950 VANSTON RD CUTCHOGUE (HOUSE NO.) (STREET} {HAMLET) Co%u~t¥ TaxMapNo. 473889 Section 111 Block 0005 ~ot 007.002 Subdivision Filed Map No. __ Lot No. __ confounds substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF ~u~/~ ~B~ Z- 33058 dated ~L~Y 29, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is COTTAGE.* The certificate is issued to RONALD F GALLAGHER & ANO TRUST (OWNER) of the aforesaid building. SUFFOLK COI~TY DEPARTMenT OF HEA~TH A~PRO%~AL ~.R~-rR£CAL C~TIFICATE NO. pI~MBE~S CERTIFICA?IO~ DA'r~u *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A N/A /thi/zeSignature Rev. 1/81 2950 VANSTON RD ~OT (S) RONALD F GA~LAGEER & AN0 TRUST CO. TAX ~ NO.: 111.-5-7.2 n~a~: 05/29/08 . .v~ Cottage ~"fPN OF C(~UCT~(~: WOOD FRAME FOO~ATIO~: CEMENT ACCESSORY STRUCTURES: ~, TYPE (~ST.: (~U~ST, TYI~E (~q~T.: SEE DESCRIPTION ABOVE VIOLATIONS: C~PTER 45 N.Y. STATE UNIFORM FIRE pREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC, nAT~ INSP~CTX~: 05/27/08 APPLICANT'S PROJECT DESCRIPTION (For ZBA RefErence) Applicant: 74, e,,v'nzo f~ ~ie/J~cr./ze,6 Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New AdditiondExtensiojts): Dimensions of first floor extension:t~. ~--' 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: BOARD OF APPEALS ' /¢ / III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifneaessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ,2~4/e, t;~g ~,~o,O_ Number of Flogrs and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: .fi. ,Coo Proposed increase of building coverage: .69,-/~ t~ aZ,4,a~.,..g~ Square footage of your lot: .~ q. g~? ' o l Percentage of coverage of your lot by l~uilding area: .{-~w '~/~_,,_, V. Purpose of New Construction: .~-e~ ~ z2~,.~ ,,~ VI. Please describe the land contours (fiat, 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,1NG W[IH YOUR Z.B.A. APPLICAT] Is the subject premises listed on the real estate market for sale? [] Yes I~qo I RD OF APPEALS B. Are there any proposals to change or alter land contours? ~No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 5rp'$ 2) Are these areas shown on the map submitted with this application? q~.~ ~ 3 ) Is the pr°perry bulkheaded between the wetlands area and the upland b~uikiin area? g . ~ ~$ . 4) If your property co'ins wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? W' ~ Please confirm status of your inquiry or application with the Trustees: 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? tl/'~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~, (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ~ 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? 'Y'-4._x If yes, please label theproximityofyourlandsonyourmapwiththisapplication. '~z~>¢/,~;.~'~ Z4~2- ~ H. Please list present use or operations conducted at this parcel v~c d~z"7'~ and proposed use (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorizfd glgnature~and Date 2/05; 1/07 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT F For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicaat or Project sponsor) 1 Applicant / Sponsor 2, Project Name '~o,..~.~o /=. G,,/I ~?h~r~ . __ ~QR BOAi ' :FAPPSA[$ 3. Project location: Municipality Coun~ 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) $. is proposed action: '( ) NEW (,-") EXPANSION ( ) MODIFICATION/ALTERATION 6. Besct~be project briefly: Amount of land affected: Initially: acres: Ultimately: acres 8. Will proposed action comply with existing or other existin9 land use restrictions:(',w') YES ( ) NO If No, describe bdefly: 9. What is present land use in vicinity of project: (describe): ( ,.~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) PaddFores~/Open Space ( ) Other 10. Does action I~votve 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 permlt/approvafs: t 1 Does any aspect of the action have a currently valid permti or approval? I ( )YES (,~) NO If Yes, list agency(s) and permit/approvals: 12 As a result of proposed action, will existing permit/approval require modification? l( ) YES ( ~,~NO If Yes, list agency(s) and permit/approvals: I certify that the Information provided above Is true to the best of my kn, owladge Applicant / Sponsor Name: Date: $1tlnatura: ! If the action [s In the Coastal Area, and you are a atate agency, comp ere the Coaeta Aasessmen Form before proceeding with this assessment APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS d TOWN OF SOUTltOLD /J ~.~ Tel. (631) 765-1809 · Fax (631) 765-9064 September 12, 2008 Fr Gallagher 2950 Vanston Road Cutchogue, NY 11935 Re: ZBA # 6181 - Application by Mr. and Mrs. Gallagher (Variances) Dear Mr. and Mrs. Gallagher: 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, Linda Kowalski Encl. 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 May 29, 2008 Zoning Appeal No. 6181 Transmitted herewith is Zoning Appeals No 6181 Ronald F & Marflyn A Gallagher- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Notice of Disapproval Dated April 9, 2008, Copy of Application for Building Permit with Disapproval, 2 Photos of Property, 2 Pages of Property Record Card, Survey of Property Dated Sept. 7, 1994 Prepared by Roderick Van Tuyl, P.C., 3 Pages of Plans & Elevations Prepared by Mark K. Schwartz, AIA Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/23/08 * * * RECEIPT * * * Receipt#: 19781 Transaction(s): 1 1 Application Fees Reference Subtotal 6181 $400.00 Check#: 1929 Total Paid: $400.00 Name: Gallagher, Ronald 2950 Vanston Rd. Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6181 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/23/08 ZBA # NAME CHECK # AMOUNT 'fqDAT. E_S_TAMP 6181 GALLAGHER, Ronald & MAY 2 3 2008 Marilyn 1929 $400,00 Sou1 hold Town Clerk $400.00 By__ Thank ou. r~L~L~ O~R, CONTACT VE~EE Th~ To~ of Southold's Code of Ethic8 prohlbltS ~onfll~tS of mtergst on the pa~ ofTo~ officer~ and employee& The pu~ose of this fo~ is to provide info~ation, which can alea the Town of possible conflicts of intarest and allow it to take whatever a~tion i8 nece~a~ to avoid game, (Laa name, first name, middle initial, unless you are applying in the name o~~ eke or other enti~, ~uch as a company. If so, indicate the other person or company name.) NATURE OF ~PLICATION: (Check all thai apply.) Variance Special Exception *Other Approval or Exemption ~ from plat or official map Change of Zone Tax Ghevance *If ...... ~ Other name the actlw~: Do you personally (or t~ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the To~ of Southold? 'Relationshi "includes b bl°°~e, ox bus]¢ess=interest~ "Business interest" means a business includin~ ~ership, in which th~ To~ officer O~emp~e ha~ even a~artial O~ershi of or ~gYm~9o~oration in w~h th~To~ officer or em lo ee o~s more than 5~ ~S ~ NO BO,V' D {DF APPEALS If you answered "YES'; complete the balance of this form attd date attd sign 1,here indicatetL 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 Tow~ 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 corporati6n); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ~ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of Signature: Print Name: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUT}tOLD 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 217 2008: 9:40 A.M. RONALD F. AND MARILYN A. GALLAGHER #6181. Request for a Variance under Sections 280-12 and 280-121a, based on the Building Inspector's April 9, 2008 Notice of Disapproval concerning proposed addition(s) and alterations to an existing nonconforming accessory cottage. The reasons stated in the Building Inspector's Notice of Disapproval are: The building shall not be enlarged, altered, extended, reconstructed or restored or replaced on a different portion of the lot or parcel of land occupied by such use.., nor shall any external evidence of such use be increased by any means whatsoever, and (2) One-family detached dwellings, not to exceed one dwelling on each lot. Location of Property: 2950 Vanston Road, Cutchogue; CTM 111-5-7.2. 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 25, 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 cf 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,qust, 2008. Sworn to before me this Principal Clerk dayof ~""~'~ 2008 NOTARY PUBLIC-STATE OF NEW YORK, NO. 01-VO6105050 Qualified In Suffolk County My Commlssloll Expires February 28, 2012 at 2~0 'Ibwn Harbo~ Ten-ace, CTM66-1-33 (adjacent to Little Feconic or re,tore the dal~ld portion ofa~y building damagnal~d~o~ed ,fi~i S& forth in Subsection B(,1) filed withi~one year of the~dat~ damage and sfiall be ac~mp~iec~ by plan~ for recon~tructlo~ whi~iv~s tasuch pol~iou, shall compiy ~h [he-~'eq~ire. suea, it shall lapse one year there~f~, the approved plans has been foiilatedl the Bu'ilding ~n~pect6r's ~ovember 2007, Notic6 6~ DisapproVal u~de~ Sec- tion ;280:121~ algal, Se~ffon 10C~3IA~ denied for the Teasons 'that,the acce~ constitutes R secold ~wel/i~ as such may~0t be. pla~e~ o~ a d~erel~t poriior~t~Ghe lot... .nor shall ~ny ~tdrn~Ee~dbac~ whatso- exceeding 20 ft. posed setback at les~, the property line, at 220 Southoldl CTM 70-1-6.6. 1:05 I~UST 21,200~.~ 9:30 a.m. 2000 BROADWATERS LLC g 6186, Rectu~st for a Varmnce un- der S~ion 280-124~ based on the Build- ~g ~0~'~ Ma~ n, 260~ ~otice of Disapproval cqn,cerni~g ~'prqposed new dwell/ng with a Estates, Block 15 situa ed at ~401-1~.~.. 'SP~YRO ::AVDOULOS pool and shed const $ . -- ' -,~--~.,ce unaer than 100 feet from ( . eCtion280,1~6A{1)ba~edontEeBu:~.~ ~. t~e top of the bluff i~g'4nspector!s ~b~ l0 :~008 Not ~"~} .a, ajace~t to th~ LL Sound; (2) ]es~ hun me coae-reqmred minimum 15 ff.:side Disapproval concerning a proposed 3/ard (n6Wd/v~lli~g) at. tes~ than the code-reqmred 100 foot the. front ygrd.lot lJ~e- (sWunmihg.vool minimum from the top of the bluff or - andshed) a~r4~ 1o' 2 [oad. Grecnport; CTM 4~-1-5. the co~le ini tatibh 6f 20% (~/lI'con- 'zti~(/on). Location: 54005 Notff/:.l~hd 2.;00 p.rm LL~"POLITES a~d KEVIN ~0~ld; CTM52_lz~0 and-~¥cothbined FERRO g6129: ~ OAmend~d. Lochtion as bne)'.' .- & OTHU~R$ 86150. Request for Varian c. es ,,unde~ ~bns~0.1.5:mltl~124' based.on the-Bhilding. In~pec/~ May 6. 2008 N~ce of Di~r~val concern. d~elllng, wh~cl~/:onst0~chon is less than 50 feet from th~ rea~ iot line and whlc§ ~an.s whatsoever, and (2) One4amily ~ts~'th? 75~t eom,the SnJldl6ad, a erty: 2950 Yanst~n Road. Cutchogue; ;ti°~°ftheJ0t;6rparcelofland0ccuvgie~ ~ !11-5-7,2. ~b.y. such use oh tile 9ffec~ive date or'th 9:50 a.m. RYA~ and JENNIFER . of such uSe-be incrc~ased by any means desb:(ng to,/ubmii w?il/en~ dt~/t~ments ~',,#; 6/~87..3~ta~st:/o~~ · ~"°*~ Ba~d/i/~"Z~/~'~:-~~,; < !.C' .~: , ..s~y- ~mt~g.,,~.ct~°njl00'31A, which prOvision Eb~fc~r~ th~ conclusion 9f each hearing ~' ~!~ n~ ~ - dcn nearing vn~ not start earlier than eea'rting a' ProPPed n~ (nf/~r tares, m A-C, RS0 Districts, no building 15 feet on.:aai~g~e side,yard, less tha~ ~5 feet on total side~yd~ ~iess ~ ~5 fe~t kpm ~e e~s~g,ba~ead adj~- ~nt to ~v~e~-~y. ~afi~n of or designed fo be used, in whole or m part, for any uses except the foIlow~ng: h. Permnted uses. One-family detached ~ne dwelling on Build- a cbnfotming to contact our office at (631) 765-I809. or bye-mail: Linda.Kowaiski@Town. Southold.ny. us. Dated: August ~. 2008 GERARD R GOEHRINGER. CHAIRMAN BY LI~DA KOWALSK/ 54375 Maul Road (Office,Locat/on) 53095 Main Road (Mailing/USp~I ~Southold. NY Dora a permit to build OF SOUTHOLD ~OPERTY RECORD CARD VI LLAGE DISTRICT ACREAGE TYPE OF BUILDING Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushlana~, SEAS. VL. IMP. do // Acre W House Plot T~tal FARM COMM. IND. CB. MISC. TOTAL , .- .. ........ ,~u.:!{(~,~ G :u.>':,¢ :..>C I Vatue Per Acre Value ~/l~)?~:x..FR~J '~)-~./_:,~. -4 .'~J:,'¢,~ SUB. LOT ._..Z, l q-~ M. Bldg. Extension E~ ~t.~nsion Extension Foundation Basement Ext. Walls Fire Place Porch Porch Driveway Floors Interior Finish Heo::t Attic Rooms 1st Floor Rooms 2nd Floor M. Bldg. Foundation Basement Appeal No. J~..,,,,~Q~T H OLD, ACTION OF THE ZOla. lNG BOARD OF APPEAI~$ Dated 0~1)~ ;~e, 3.960 ACTION QF_THE7QNIhJG BO,~LD OF APPEALS OF TOWN OF SOUTHOLD To Vanet, on l~.oa~,. ' Appellant at a mee. ting of the Zoning Board of .Appeals on,~JilJl~d~*'' ~g' was considered and the action ,indicatecl below was taken on your ( ) Request for variance due to lack of access 'to pr~. ( ) Request for a s~ial exception under the Zoni~ Ordingnce ( ~ Request for o variance t0 the Zoning Ordinanc~ ' ~ Jg~Othe appeal !. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to .Article ................ Section ................ Subsection ................. pacagroph ~.,.; ........... of the Zoning; Ordinance, and the decision of {he Building Inspector ( ) be.. reversed ( ) be confirmed because 2. VARIANCE. By. resolution of the Board it was determined that (~_~Str'~:t o[~licatioz~ of the Ordinance~(y/p_qld)_~dgl~l~) oroduce undue hardshiobecbuse (b) ~he hardship crated (is) ~ unique and ~) (would not) b~ shared by a,II pr~erties alike Jn the imm~iote vicini~ of this prope~ and in the same use.. district because ~8 ~ ~ aZ ... (c)' The variance (d~) (~) observe the ~i.rit of the Ordinance and ~) (would not) chooi~le ,t.~e, cJ~racter of the d strict because IiJ;l~J,J~,~.. JZt~ilt~Jljl ~ ~d a'n~ ~, net~h~d, and th'erefore~ it was further dete'rmined that the requested variance (X) be granted ( ) be denied and I;hat the orewous decisions of the .Building Inspector ( ) be confirmed ~ i be reversed.. (&! coa,~Lnued~- ~*z, opoeed nouae vou,l,~i be eJ, ooex' 't~rtatu 10 ~:~. ~o the J%do l;~ezt7 1%~, TOWN OF SOUTHOLD BUILDING DEPARTMENT. TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ...... ~i ............................................... Dote ............................. 0~,t, ol~e~,..... ~,..... 1960..' To ~...a.~.~a...~.......s..e. ~.e..~e.,t.~ .......................... .... .V.e~ .t,.o.n.. ~Q.~ .............. : .......................... ........... ..c.~.~e.~.o.t~.~ .e. i,......~.-..~,. ........................ PLEASE TAKE NOTICE that your application dated ....................... ~(:~.t~]3,e~.,...~.'. ..... for permit to constru~t~...~.{~.~g ................... at the premises located at .ll/'~z~et.~):13.,,,~e,~l, ........ ...................................................................... Street Mal~.a'.~.~.a'...~...~..t'.,....~.~,.'.i...~....0 Block ............................................ Lo; ....3~-.] ................................. is ~(;~J~J~[disapproved on the followi ng grounds ........... ' . ...... LEGAL NOTICE NOTICE OF ~EAR~ING Pursuan~ ~o 8ecUon ~6'/ of ~e ~ ~w ~d the ~ro~o~ of ~e ~Bu~lding Zone Ordnance of ~e of ~u~d, ~o~ Catty York, ~public h~s ~ ~ held by ~the ~n~ ~d of Ap~ of Town of ~u~old, st ~e To~ Clerk Office, ~]n ~o~, ~u~old, New Y~k, on ~r 2~ l~O on ~e fo~ tl~ of ~n L. M~er, ~ 'Sut~n Pl~e 8ou~, N~ Y~k ~. Ne~ Y~ for a v~e'~'~rd~ce ~ Zonl~ ~[n~ce, ~ti~le ~, ~ ~, faf ~r~lon ~ r~u~ w~ ~de ys~ on ~p~,l~ on ~e sou~ ride P~o~c ~ ~lewrd, ~tti~uck. New York. ~ north ~y p~b ~ ~e~ b~ ~ex BOM. Jr., ~d ~k, ~u~ P~nic ~y, and w~t by F..A. ~1~. 8:00 P~M, (E~.8.T.), u~n app~- tion of Edw~d J. ~ueBe~. V~n ~d, Cu~o~e. N~ Yor~ for a an~ in a~ord~e ~ ~ ~ O~l~nce. Article .~, ~on ~, 'f~ permalon ~ r~u~ ~ side ~ on ~t NO. 313. ~p of, N~U Point Club ~o~l~, V~n Cu~h~e, N~ York. Any ~on"desi~ ~ ~ ~ ~e a~ve ~pp~O~ sh~d a~ at ~h~ ~me ~nd p~ ~bo~ s~i~. DAFfy: ~ 6, 1~, By ~er of' the Southold' T~n ~d of Ap~.~ COUNTY OF SUFFOLK I STATE OF NEW YORKJ ss. W~alter. B. Gagen, being duly sworn, says that he is the Editor, of THE .LONG ISLAND TRAVELER - MA'I-TITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ....,~,,(.~....(//-.r~weelsJ__ -- -- successively, commencing on the .............. .~....."~.........'......-- da;, of ..... ....... Sworn to before me this ....... /.~...'. ...... day of .... ...... otnry public, Sta~e of New ¥Of~. ResicJm~ in Sut o k County No. 52.3041000 19! ~_,,/' ~,ommissiun ~pifes MMch 30, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. of ( ( ) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We~ ..... ~...~..~.~.......~..~.~..-..z~/.~ .......... ~4.~.~...~..../r.~ ....... Name of Appellant Street and Number ........................... ..(~......U..,,~....(~...!.-.[.~..~,,...~:~...[ ......................... ~ ...... .~./..y.... HEREBY APPEAL TO Municipality State THE ZONING BOARD OE APPEA'S FROM THE DEaS~ON OF THE BUiLDiNG INSPECTOR ON APPLICATION FOR PERMIT NO...~...I....~...~..~Z ......... DATED .... .O....C~,....T,....~.. ....... ~.,f..,C,..?. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ' Name of Appllcant for permit ............... ......... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~l/.J, ~I,.~TO},,/ ['~O/.t-i) /~ Street Use District on Zoning Mop ..~.~..~..3..A..o.. ............ ~..~.z.%. .............. 3...L.3 6 ~ · c, ~ o ~ o ~- Mop No. Lot No. 2. PRovISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~,7?'T/eL~ '~.~ .5£co 307 3. TYPE OF APPEAL Appe01 is mode herewith far ( ¥~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 APPEAL A previous appeal (has) (hasL~ been mode with respect to this decision 4. PREVIOUS of the Building Inspector or with respect to :this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~V/A Variance to the Zoning Ordinance ( ) REASON FOR APPEAL Continued STRICT APPLICATION 01: THE ORDINANCE would produce UNDUE HARDSHIP because vicinity' of this propertY and in this use district becauSe 3. Variance would observe the spirit of the Ordinance and WOULD CHARACTER OF THE DISTRICT because The hardship created is UNIQUE and is not shared by all properties alike in the ~mmediote NOT CHANGE THE STATE OF NEW YORK ) COUNTY O~ SS I~/otlce o£ Rearln9 Vuzsuant i,e. SectL0n 267' O£ the 'Town ~aw and .the provisions o£ the Amended Buli~ng Zone Oral/nonce' o£ the Town o£ Southold, Bu££olk County, 'New Yor~, publLc hearings wall bo held by, the Zoning Board o£ Appeals of the Town o£' Zouthold, at the Town Clerk Office, Hain Road, southold, New Yo~k, "on October 20, 1960, on the £ollow~ng appeals: 7~30 P.M. (B.D.B.T.), upon appl~cation'o£ Leon L. Munier, 50 'Sutton Place Zouth, New YOrk 22, New York, ~or a variance ~ acco~ce w~ ~e Zones O~nco, ~cle III, Section 307, ~o~~~ to ~educe westerL~ .~de ~ar~ on l~a~d on ~e .ou~ sl~ ~onic Ba~ Boulevard, ~ttltu~, by ~ ~q, ~., and Cla~, s~ ~ ~conic ~a~, and 8~ 00 p.M. (E..D. S,T. ), upon application o£ Bd~azd Z. :' schuelLeln, Vanston Road, cut~o~e, N~ yo~k, fora vat.nco ~ scot.ce w~ ~e ~nLng Ord~Ce, ~t~cle III, Section 307, for permission 'to reduce southerly side' yard. on Lot 313, Map o£ NaSsau Point Cl~ P'=o~les, ~ston R~d, '. Cut~o~e, New York. · · Any person, desir/nq[to be' heard on the above appllc&~ons should appear at the t/~e and place ~Rge 2 - Legal'Hot$ce Not$ce of Hear:Lng I~LBASE PUBLISH ONCE, OCTOBER 13, 1960, AHD FORWARD THREE (3) AFFIDAVitS OF' PUBLxCATxo; ~a~DXAT~L¥ TO T~ hOArD OF APPEALS TOW~CLBRKOFFICE, MA:INROAD, SOUTHO~, ]b~WYOM;.' Copies maZled to the £o:Llo~nq on October 7, 1960~ The Lonq Island Tr&ve~er-Mattituck Watchman M~, Leon L. ~un~.er ~. Edward ~. Schuelle~n SOMEONE SHOULD AI~I~EAR AT TrHE HEARING TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~/,~ DATE~.< ~_~..~.~'~ ~ of (~) PERMIT TO USE ,Ai~/[~ ( ) PERMIT FOR OCCUPANCY ( ) TO THE ZONING BOARD OF..~APPEALS, TOWN OF SOUTHOLDv~.~JN~../_ Nome oJ Appellont Street ~] ~l"u~'~: ................ ....... : .......... ~-~ ~ ,T,,. ~.JT.]. f2 ~' ~...~ ................ (.-~--...~,... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.....~.....L.~.....;...2.~ .......... DATED ....~....C:......T.......~. ....... .J...~..C.,.?. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ............... Name of Applicant for permit .... Street and Number Municipality State /',1 .y. 1. LOCATION OF THE PROPERTY .......... VA/~...S T~....~.. ....... ..~..o/-I 0 ~ I~5 ~ U ~Z IJ / ~ 16 ,. Street Use ~istrict on Zoning ~;p 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning ~(dinonce by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ('/) A VARIANCE to the Zoning Ordinance er Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has~ of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance been made with respect to this decision and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance REASON FOR APPEAL 1. Continued STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because v!cinity of this property and. in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate '3. The Variance would observe the spirit of the Ordinance and WOULD NoT CHANGE THE CHARACTER Of THE DISTRICT because SS FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Exam ned .0...~' /-~ Approved ........................................ 19 ........ Permit No. ~.].....~.....~.L.~.2.. Disapproved a/c ....... ~'..-G~...~.~...~:.~..~.,..~. ...... ~. ~.~%.~.~...~....d,,..,~, .~ / 4 /l ............ ~ .... /.¢ · ..,.- ....... ,. .,4,~.,~,,: ....... ~. ........ L..,t,.~...:~. ~o ...................... : (Building Inspector) ApPlication No..../.~,..,X...~..--:.. ..... APFLICATION FO" BUILDING PERMIT Ocr Dote ............................................................ ! 9 ............ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink end submitted in dupllcote to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or amos, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location. c. T~e 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in. part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION tS HEREBY MADE to the Building Deportment 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, os herein described. Th eapplicanta,rees'tocornplywithall,ppl,¢oble lows. ordinances o~7.,~.j~~.... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electricidn, plumber or builder. Name of ownerof premses' r~' D YV~ /.~ A .~.. ~7- S 5 E U~ LLd/~ If ~pplicont is a co~orote, signature of duly authoriz~ officer. (Name and title of corporate officer) ^/A~-~-^,. ~_ ,,,,'1" '~ i :~ 3. Nature of work (check which el i app icab e): New Building .................... Addition .................... Alteration .................... Repair ..: ................. Re_~noval .................... Demolition .................... Othej; Work (Describe) (to be paid on filing this application) 5. If dwelling, number of dwelling units ................................ Number of dwelling units on each Ioof ......................... 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 ............................ Depth ............................ Height ............................ Number of Stories Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ................................ 8. Dimensions of entire new construction: Front ........ ~..~ .............. Rear ....... ..~.....~. ............. Depth ............................ Height ......... L.~.. ............ Number of Stories ........ ./. .................. 10. Date of Purchase ............ I...~....~'. .................................. Name at former uwner r~.~.;. ~ ............................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ........ Y.~.'...~. .................................. Name of Architect ................................ ~ ...................... Address ............................................ Phone NO ..................... Name of Contractor .................................................... Address ..L ................... i ..................... Phone NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and. indicate whether interior or corner lot. STATE OF NEW YOR~ ~S S. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of/he Application of (Name of Applicants) CTM Parcel # 1000- iRECEIVED AUG ? 2008 ZONING, BOARD OF: APP~rd:: AFFiDAVIT OF MAILING S COUNTY OF SUFFOLK) STATE OF NEW YORK) c- ~'t~/~,_da~residing at ~?~e, //',o~tr P?O New Yol-k, being duly sworn, depose and say that: On the [ day of ~u¢u. v2'"-~ . , I personally mailed at the United States Post Office in C%,W-e~/~ v ~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true co~)y of the attached Legal Notice in prepaid envelopes addressed to current owners shovai on the current assessment roll verified from the official records ou file with the (~) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or privB:,e street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this ~ day ofe~ ~ .H~., 200 ~ (Notary Public) CONNIE D. BUNCH NO. 01BU6185050 Gualified in Suffolk Count~ Commission Expires April 14, 20 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you, m Total Postage & Fees Postage $ Certified Fee S2 Retum Receipt Fee (Endorsement Requireg) $2,20 Restricted Delivery Fee (Endorsement Required) Total Postage & Fees S · Complete items 1, 2, and 3. Also complete item 4 if Restricted DeliverY Is desired. · Pdnt your n~ lie and address on the reverse so that we ~ ~1 return the card to you. · Attach thiI ~ to the back of the mailpisoe, or on the ~ Jif space permits. Article ,N~ ~1 to: w ,dy' 2. A~icleNumber 7006 2150 000~ 2219 B713 (Transfer from se,w/ce/abe/) PS Form 3811, February 2004 · Complete items 1, 2, and 3. A~so 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' m~l~iece, or on the front if space permits. 1, Article Addressed to: D. Is deliver [] Yes If YES, enter c [] No 2. Article Number (Transfer from service/abe/) i'""PS Form 3811, February 2004 Insured Mall [] C.O.D. 4. Restricted Ehst~very? (E.x~ra Fee) DYes 7006 2150 0004 2219 8720 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of AppliC(ants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) "RECEIV AUG '7 2oo8 ZONING BOARD OF APPEALS AFFIDAVIT OF SIGN POSTING C t/7~h~,? ~, ~ , New York, being duly sworn, depose and say that: Onthe / dayof_ .~t~6'~'.fT" , _, I personally placed the Town's official Poster, with the date of hearing aud nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entraace;* and that ~ I~ereby.confirm that the Poster has re~nained in place for seven days phor to th'~t date of the subject heanng date, wlfich hearing date xvas shown to be ,~ ~t.. ~,/~ ~, t* Sworn to before me this day of~a~- , 200 g (Notary Public) CONNIE D. BUNCH .N.9. 018U6185050 qualme~_ n S~ffelk County k,ommmion Expires April I4, *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING 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 ~, 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 application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before Auqust 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If 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 arranqements were made in either a written statement, or durin.q the hearin.q, providin.q 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 Mailin.q (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 August 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 Postin,q 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 Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GALLAGHER, R. & M. #6181 MAP # 111-5-7.2 VARIANCE Additions/Alterations REQUEST Garage related to Accy. Cottage DATE: THURS, AUG. 21, 2008, 9:40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn 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 May 23, 2008 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 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6181 Action Requested: Within 500 feet of: Owner/Applicant: GALLAGHER Addition to non-conforming cottage use ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman