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HomeMy WebLinkAbout6151 '7o /0.?.5' ~P~. /,3¢_.~_~. l~.~ ~o~Y4~IA_/~f -¢¢ 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 · EO. 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.north fork.net ZONING BOARD OF APPEALS l) ~R~,~ CEI~,~) ~ TOWN OF SOUTHOLD ~ ~ '. t~ Tel. (631) 765-1809. Fax (631) 765-9064 ~0.[ 3 1 ~0~ . DELIBERATIONS ~D DETERMINA~0~thOld Town ULY 24, 200S Clerk ZBA # 6151 - Patricia and Thomas Nadherny, Applicants Property Location: 1025 Pine Neck Road, Southold CTM 70-5-34 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation 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 was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 15, 2008 stating that this apphcation is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: As stated in a May 28, 2008 recommendation of the LWRP Coordinator, the proposed construction, as applied for in this apphcation, is consistent under Chapter 268 of the Town Code and LWRP Policy Standards, and is contingent upon placement and installation of: (1) an adequate non-turf buffer landward from the top of the bluff is placed to ensure protection of the wetland character, quality, values and functions, and (2) gutters, leader and drywells to retain surface runoff. PROPERTY FACTS DESCRIPTION: Applicants own a 1% story single-family home on a 47,086 square foot lot in the R-40 District. The home is comparable to others in the neighborhood. The property is adjacent to Jockey Creek. BASIS OF APPLICATION: The proposed construction on this 47,086 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIII, Section 280-122, which states: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non- conforming building containing a conforming use, provided that such action does not create any new non- conformance or an increase the degree of non-conformance with regard to the regulations pertaining to such buildings. The existing family dwelhng notes a single side yard setback of zero. The proposed construction will maintain that setback, which is not permitted pursuant to Article XXIII Section 280-114, which states. Page 2 - July 24, 2008 ZBA # 6151 - T. and P. Nadherny, Applicants CTM 70-5-34 No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 Districts unless the same conforms to the Bulk Schedule and parking Schedule incorporated into this chapter with the same force and effect if such regulations were set forth herein full. Bulk schedule requires a minimum single yard setback of 15 feet. LWRP: TOWN CODE CHAPTER 268: A May 28, 2008 letter recommending this action be determined Consistent, with conditions to further Policies 5 and 6.3 was submitted to the Board of Appeals under the procedures of Town Code Chapter 268. The applicants, by their attorney, responded by agreeing to maintain a (non-turf) native vegetative buffer along the creek side of the property to mitigate the affects of water runoff and also to have leaders and gutters on the house to drain into dry wells on the landward side of the dwelling. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to expand the existing 1% story house into a full two-story house by re-designing and raising the roofline. The existing second floor will be removed and a new one built with a raised roof line. Also the first-floor renovations will be contained within the existing footprint and setbacks. A new foundation (footings and a poured concrete wall) will be constructed under the existing heated and unheated one-story porches on the easterly side in order to expand the size of the existing kitchen. ADDITIONAL INFORMATION The applicant owns the land on the adjacent vacant lot to the east. Both lots are conforming in size. The environmental conditions on the site will be improved with the addition of gutters, leaders and drywells to contain roof runoff and the existing sanitary system, which is located 10' from the wetlands, will be abandoned and a new system will be installed in the ~ront yard. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, 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 apphcants wish to make changes to their home for more space and an updated appearance. The existing dwelhng is set at an angle to the easterly property line and has a zero side yard setback on the northeast corner that increases toward the southeast end of the house. The westerly side yard setback is 38 feet, as shown on the March 5, 2008 survey prepared by John T. Metzger. The proposed second-story alterations on the east side will be set back from the existing one story porch roofs, Page 3 - July 24, 2008 ZBA # 6151 - T. and P. Nadherny, Apphcants CTM 70-5-34 thereby increasing the easterly side yard setbacks on the second floor by +/- 3.4 feet for 15.3 lineal feet (to enlarge the proposed master bedroom), and +/- 7.4 for 16.11 lineal feet, as seen on the unidentified front and rear elevations, roof plan and floor plans dated 1-23-08. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance since the first floor is being altered and the existing foundation will be utilized. 3. Town Law §267-b(3)(b)(3). The variance granted herein with conditions is not substantial. The applicants also own the vacant lot adjacent on the easterly side of the subject property and can therefore increase the existing zero side yard setback at the Northwest corner to reduce the degree of non-conformity by obtaining a lot line change. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created in so far as the existing house has a non-conforming side yard. 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. Town Law §267: Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of increasing living space in their home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to RESOLVED, to Grant the variance as applied for and shown on applicant's diagrams 1 through 9 dated 1-23-08, subject to the following Conditions: 1) Provide and maintain a minimum 25 foot native vegetative (non turf) buffer along the border of Jockey Creek; and 2) Install leaders and gutters on the dwelling draining into dry wells located on the landward side of the dwelling; and 3) No building permit shall be issued until the applicant applies and obtains from the Southold Town Planning Board a lot line change that will increase the easterly side yard of the proposed renovated dwelling on the subject property to a minimum of 8 feet at the closest point. The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future Page 4 - July 24, 2008 ZBA# 6151 - T. and P. Nadherny, Apphcants CTM 70-5-34 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 Beard reserves the right to substitute a similar design that is de mimmis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin,~r'fC~man),/(~, D~i~, Simon, and Weisman. This Resolution was duly adopted (5-0). z/ ~'rd P. Goehringer, Cl~ir~gan 7/~ /2008 ~pproved for Filing APPEALS BOARD MEMBERS Gerard P. Go, bringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETEPu~IINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4455 - JOHN ]lARRISON. PARCEL: 1000-70-5-36 (and 70-5-37 as remaining lot) STREET & LOCALITY: 1227 Pine Neck Road, Southold, NY DATE OF PUBLIC BEARING: March 13, 1997 Southold Town Hail 53095 Main Road RO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS OF FACT: RELIEF REQUESTED BY APPLICANT: Approval of Waiver under Section 100-26 of the Zoning Code for nonconforming lot identified as 1000-70-5-36, and as a separate lot and unmerged ~a~-~fro~ ~_~ 1000-70-5-~5Z Appliemat has confirmed that lot 1000-/0-5-3~ contains,~,~ a minimum of 40,000 Sq. ft. and is therefore not the subject of tiffs . waiver application. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, situate along the northerly side of pine Neck Road. The lot referred to as 1000-70-5-36 contains a total lot area of 22,466 sq. ft. and is improved with a one-story, single-family dweItlng and accessory garage. The remaining lot portion co~tsins 15,311 sq. ft. and is vacant land (ail as more particularly shown on July 19, 1994 survey map submitted for considelmtion and made a pa{t of the file). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 14, 1996, which reads as follows: "under Article II, Section 100-24A. (1) the lots in question SCTM #1000-70-5, Lots 35, 36 and 37 were created by deed prior to April 9, 1957, and under Section 100-25 the lots in question are nonconforming (for size being located in an R-40 Zone), and have merged because they have been held in common ownership at some time after July 1, 1983." REASONS FOR BOARD ACTION, DESCRIBED BELOW: * Each of the two lots were erected by deed dated September 23, 1941 as to lot 37, and deed dated September 11, 1953 as ~o tot 36. * The requested waiver is confirmed to be the same original boundary lines as that show'n in tile original deeds. * County Maps were relied upon in 1976 for lot sizes, based upon deed descriptions filed with Suffolk County prior to that time, showing parcels separately. Page 2 - Appl. #4455 Request of JOHN HARRISON Decision Rendered March 19, 1997 * Lot 96 is improved with a single-fancily dwelling and a minimnm of 850 sq. ft. of livable floor area. 1. The waiver will not result in a significant increase in the density of the neighborhood because there are at least eight (8) improved lots in the immediate v~cin~ty of the subject paroel which conform to the same size and square footage. 9. The waiver would recoguize a lot that is consistent ,,~th the size of lots in this neighborhood. 3. The waiver will avoid economic hardship for the reasons testified by applicants and their attorney at the hearing, which reasons are hereby reiterated as ff re-written in its entirety. 4. The natural det~dls and character of the contours and alo~es of the lot will not be significantly changed or altered in any maimer, and there will not be a substantial filling of land affecting nearby environmental or flood areas because the subject lot is level ground. RESOLUTION[ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT this requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Din~zio, and Tortora. This resolution was u~n~mously adopted (4-0). ~/' GERARD P. GOEHRINGER, C~K~IRNIAN / Approved for Filing 3/19/97~' Actions. zb / 70-5.37 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia & Thomas Nadhemy 11 Crescent Beach Avenue Huntington, NY 11743 Please take notice that your application dated March 12, 2008 DATE: March 21, 2008 For permit for a second story addition to an existing single family dwelling at Location of property: 1025 Pine Neck Road, Southold County Tax Map No. 1000 - Section 70 Block5 Lot 3~4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 47,086 square foot lot, in the R-40 Distxict, is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of O feet. The proposed construction will maintain that setback, which is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum single side yard setback of 15 feet. This Notice of Disapproval was based on a survey by John T. Metzger, LS, last dated March 5, 2008. Authorized Signature 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. /t2~co~.~.~ ,,~ t~u c-J~9 k~X-i'~'~'~ ) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 21, 2008 TO: Patricia & Thomas Nadhemy 11 Crescent Beach Avenue Huntington, NY 11743 Please take notice that your application dated March 12, 2008 For permit for a second story addition to an existing single family dwelling at Location of property~.l 2.~ I'ine Neck Road, Southold / County Tax Map No. 1000 - Section 70 ~'~c1[~56'~) Lot 3~4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 47,086 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of 0 feet. The proposed construction will maintain that setback, which is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum single side yard setback of 15 feet. This Notice of Disapproval was based on a survey by John T. Metzger~ LS~ last dated March 5~ 2008. Applicant: Any change or~ the above referenced application, may require Note to further review by the Southold Town Build'tug--Department. CC: file, Z.B.A. N \ / ' 'x g 1000-70-05-34 AREA=47,0~6 3O. FT. TO TIE UNE 1000-70-05-J5 AREA=41, J06 SQ. FT TO HE LINE (VACANV 95.0~ FLOOD ZONE Ff~OM FIRM //3~o3co~ o 5/o4/~ pINE NECK ROAD NSJ' W wATER) 6.98' pUBLIC ELEVATIONS REFERENCED TO N.C.V.D. '29 (DyeELLINC,$ ~ITH The locoUon o£ we/Is ond cesspools shown hereon ore from field observoUons and or from doto obgo,:ned from o~hers. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK S?ATE EDUCATION LAW. EXC~P T AS PER SEC TION 7209-SUBBIVIS/ON 2. ALL CfR L'FICA TtONS HEREON ARE VALID FOP THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF TNE SUR'fEYOR SURVEY OF PROPERTY AT SOUTHOLD TO ~FN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-70-05--$4 & 35 SCALE: 1"=40' DECEMBER 19, 2007 JA,VU~/CY J, 2008 (ADOIT,'Or,'S) ktAROq 5, 2008 ([OPOGRAPt/IC p :~ BOARD OF APPEALS ~ ~ o 0¢'¢ '7O N 0 IE: D~,'Cl 1%~;C'- PUUL/C ,,%4 7ER EXISflN'C, C~5'SPOO/- ,? TO BE RE,¥1OVED OR FILLED It,L :INAL MAP :~EVIEWED BY ZBA DECISION # 'pEcON/c suf P.O. BOX 909 1230 TRAVELER STREEI- t 7~7~' 7~~ 0 FtP--~T FLQQ~ PLAN - ~,~ ~ ~/.5'7 FINAL MAP REVIEWED BY ZBA SEE DECISION ~ ~ DATED ' -' · ---, .--:1 ,,1,rp2 on CID.\Vi_ ~PACE NE\V 4' ,bLAI5 FINAL MAP REVIEWED BY ZBA SEE DECISION # _ DATED I .1_ MAP ;iEWED BY ZBA DECISION # -- - DATED__--~ I_ - CD FINAL MAP REVIEWED BY ZBA SEE DECISION # _ ,DATED___/ .1_ I,II ~INI~WJ CF~JLIN~ 2Np FI~Q~ FINL$~J I I I I N,g.\V ~2" p~A cQN~ I I Pig-P- AT P~P.~J P~ST.5 I I OJIMNCY \¥FFU N~\V ~ FAc-~ AL MAP VIEWED BY :. DECISION DATED / 5'CL.M;'DO,~I2.D ,bTTLC VINYL 4~K~ PANEL PF. J2J,4AC. Z~T 9 2ND FL~ FIN L'W4 FIN L.'~ 6--~JLINq' L~T FL~I~. F1N LOd 12 :INAL MAP ,EWED BY iOATEO_~ I._-~i BOARD OF: PAN [~J_ P ,r~J,4,~2Z~T ¢~'LUNN N[\V p~::~LII~F..P F~uN O~oN ~V~L ~P FQ~NQ ¢ ~ ~A~ ~ ~ ............................ ~ 81 Fwc[-u_N p CHIMNEy ANP APPLy NE\V BBCF.. FACE ~bPH~.LT ~Qf REVI SEE [RD OF APPEALS D BY ZBA ON # I ~F H~D-POINT I AP SEE oECtStOH # ~ MAR ~, BOARD OF APPE/',LS L~T ff'L¢¢12.. FM L'.NJ vmhrL ~l~- .N.I!.~ITFJZ~ITP \',/,N_L AN p FCFFIN~ -- CLIL.TE.P. EP ~TmHCFAdE I I I L--J F41J NPATION CL BOAAD C~ FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED I / APPLICATION TO THE SOUTHOLD TOWN BOARD OF A PEALS~-~=~---~ ce: $~)__-- Filed By: · o, '~s,'-" ~" Date Assigned/Assignment No. ,race Notes: . House Neck Road Hamlet Southold SCTM 1000 Section 70 Block_56__Lot(s).__34__Lot Size_ 47,086 sq.ft. Zone R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 12, 2008 BASED ON MAP DATED March 5~ 2008 prepared by Peconic Surveyors, John T. Metzger, surveyor Applicant(s)/Owner(s): Patricia & Thomas Nadhern~ Mailing Address: 11 Crescent Beach Avenue, Huntington NY 11743 Telephone: 673-8940 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (~() Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED March 5, 2008 APPLICATION DATED March 12, 2008 FOR: E Building Permit C3 Certificate of Occupancy [3 Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXlll__ Section 280-122 Subsection__(nonconforming setback continued and expanded with second floor) and 280-114 (15 foot side yard setback required) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section A prior appeal E has, has not been made at any time with respect to ?~i~llroperf~y~ UNDER Appeal No. 4455 Year 1997 . (Please be sure to research before completing thig question or call our office for assistance)Subject parcel 34 is over 40,000 square feet and not merged but applicant owns lot 35. For information purposes lot 35 unmerged from lot 36 & 37 in 1997, Also, access for subject parcel is from a common driveway used by both lots (right-of-way created in 1929) Name of Owner: Patricia & Thomas Nadherney ~BA File # REASONS FOR APPEAL (additional sheets ma~ be used with preparer's signature): AREA VARIANCE REASONS: EOARD OF APPEALS (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house will be expanded and second floor reconstructed with new roof line. The first floor will be remodeled and kitchen expanded into existing roof over screened in porch. The proposed expansion of the house is the most economic means of expanding the house because the existing foundation is retained. Ma]ority of the expansion is for the second floor space. The east side ofthe house tapers back {see front elevation drawing) limiting the side yard encroachment to the existing first floor~ second floor starts behind first floor. ~-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: The owner wishes to retain as much of the existing house as possible~ second floor addition and first floor alterations on existing foundation is proposed. The applicants wish to retire in their home and needs to make house comfortable for full time use. (3) The amount of relief requested is not substantial because: The setback is existing to the property line. The applicant controls the adjacent parcel and the addition will be directly over the existing structure. The adiacent parcel is vacant and they wish to retain the lot for their children. The sanitary system will be replaced and moved out of the wetlands. The property is stable and vegetated. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed house will comply with all energy codes and construction standards. Proper drainage for roof will be provided. The only portion of the foundation which may require footings is the roof over enclosed porch. All other construction is over the existing foundation. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house was constructed prior to regulations. Are there Covenants and Restrictions concerning this land: E No. E Yes O~lease 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 ( ) IF A USE VARIANCE IS BEING REQUES~E~D~..AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to con/sud~ 'Sigmlt~re of Appellant or Authorized Agent Sworn to before me this ~ (Agent must submit wri~en Authorization from Owner) day of ~ , 20~. Notary Pu~c MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ . Commission Expires June 3, ~-O// 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 BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval. Survey_ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: - spe APPLICATION FOR BUILDIN~ /. Date ~ ~'~'oQ~ , 20 OW 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 promises, 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, l~using code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspect ons (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 Nameofownerofpremises \ ~(~\t., X tn ' ~--'~}'~t~3 (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. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done:,, House Number Street Hamlet County Tax Map No. 1000 Subdivision Section "7 0 Block ,5' Lot ~ c/ Filed Map Nc~?.,,~ ,~Lot State existing use and occupancy of premises and in~te/nded use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Depth Dimensions of entire new construction: Front Height Number of Stories Rear 9. Size of lot: Front Rear l 0. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated Rear .Depth Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES__ 14. Names of Owner of premises Address Name of Architect Address Name of Contractor Address NO NO__Will excess fill be removed from premises? YES NO__ Phone No. Phone No Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERiMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO__ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~ ~. (~&.g----) 9~:'Ud~ c ~ ~ C~ ~'x ot3~- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)H~is the {3~ C2~.~ ,,,..j7 ' (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 ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this }~L/~ dayof /cT~..c-t~ 20 O[ /~ c~ ot(~p~ ~. Signature of Applicant 07/18/2008 14:37 FAX 631 765 4643 MOORE LAW OFFICES ~001 Chairman Gerald P. Goehringer Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 By Fax PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 18, 2008 JUL 1 8 OARD OF APPEALS RE: NADHERNEY- SECOND FLOOR ALTERATION TO EXISTING RESIDENCE TAX MAP#: 1000-70-5-34 Dear Mr. Goehringer: With reference to the above, 62 days since the close of the hearing is due to expire and the Board needs additional time on the above application. We have no objection to your request to extend your time to issue a decision until your August 7th, 2008 Special Meeting. PCM/bp encls. 06/12/2008 15:15 FAX 631 765 4643 ~OORE LAW OFFICES ~ ZBA ~004 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 7654643 Ju/%e 2, 2008 VIA FAX Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: NADHEP, I~Y PREMISES: PINE NECK ROAD, SCTM # 1000-70-5-34 SOUTHOLD Dear President King & Board members: with reference to the above, please be advised that the Zoning Board of Appeals held the public hearing on May 29~n and the Board is in favor of our application. We respectfully request that the matter be placed on the Trustees hearing calendar for June 18~n. Thank you. Ve~ truly yours, JUN 1 2 OQ8 BOARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 28, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: NADHERNY PROPERTY ADDRESS: 1025 PINE NECK ROAD, SCTM: 1000-70-5-34 HEARING DATE: THURSDAY, MAY 29, 2008 SOUTHOLD Dear Chairman: With reference of posting. Thank you. to the above, enclosed please find affidavit bp encls. Very truly yours, ~yt~~eLA PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 13, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: NADHERNY PROPERTY ADDRESS: 1025 PINE NECK ROAD, SCTM: 1000-70-5-34 HEARING DATE: THURSDAY, MAY 29, 2008 SOUTHOLD Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbors and certified mail receipts received as of date. Thank you. Ver/y~uly yours, /By Bet~ Perkins LA bp encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: NADHER1TY PROPERTY ADDRESS: 1025 PINE NECK ROAD, SCTM: 1000-70-5-34 SOUTHOLD Dear Neighbor: I represent Mr. & Mrs. Thomas Nadherny With regard to their property located at 1025 Pine Neck Road, Southold. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for proposed alterations to existing foundation without creating a new nonconforming, and for a second story addition over the existing first floor of the single family dwelling. New construction is not permitted as an increase in the degree of existing easterly setback nonconformance which exists at less than 15 feet. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, MAY 29, 2008 AT 1:35 P.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. & Mrs. Thomas Nadherny Ve~truly yours, Patricia C. Moore PATRICIA C. MOORE A~torney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 24, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand BOARD OF APPEALS Re: Patricia & Thomas Nadherny 1000-70-5-34 Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector. 2. ZBA APPLICATION with authorization and copy of appeal #4455 dated 3-19-97 involving this subdivision and the adjacent parcel with the common access (for information purposes) 3. Photographs of the existing house, floor plans and elevations prepared by the Architect with height o~ structure shown 4. survey prepared by Peconic Surveyors 5. PROJECT DESCRIPTION, TR3LNSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM 6. No COVENANTS AND RESTRICTIONS 7. assessor's property card 8. LWRP previously reviewed for Trustees application 9. My client's check payable to "Town of Southold" Thank you for your continued courtesies. -~P~ricia C. Moore cc: Patricia & Thomas Nadherny 06/12/2008 15:14 FAX 631 765 4643 ~OORE [AW OFFICES ~ ZBA ~002 PATRICIA C. MOORE Attorney at Law $1020 M~in Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 12, 2008 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: NAHDERNY PREMISES: PINE NECK ROAD, SOUTHOLD SCTM # 1000-7-05-34 Dear Sir or Madam: With reference to the above, enclosed please find an original and two copies of a Wetlands application together with my clients check in the amount of $250.00 for the filing fee, I am also enclosing photos and plans of the existing conditions as well as plans for the proposed changes which have also been forwarded to DEC. Thank you for your consideration in this matter. ly yours, PCM/~ C: Mr. & Mrs. Thomas Nadherny APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Patricia & Thomas Nadhernv Date Prepared:March 24, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: existing second floor- new second floor and new roof line II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: first floor of house has new windows, siding and insulation existing covered porch converted to smaller porch and interior space of kitchen. (See floor plans) Dimensions of new second floor: new roof lines and second floor space over existing structure (see survey of existing) attic space above second floor Height (from finished ground to top of ridge): 28 31/2 roof peek Is basement or lowest floor area being constructed? Yes-Cellar, new poured foundation wall and footings under enclosed porch for expanded kitchen and front porch alterations (see foundation plan). If yes, please provide height (above ground) 28 31/2 roof peek measured from natural existing grade to first floor: sloping, ~,rade existim, foundation exposed (see elevations) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: see floor plans dated 1- 23-08 prepared by architect, existing foundation retained with alterations shown on foundation plan and new front porch in front yard requires new slab on grade Number of Floors and Changes WITH Alterations: existing second floor (¼ floor) alteration to become full second floor. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: existing lot coverage retained Square footage of your lot: .47,086 sq.ft.. Percentage of coverage of your lot by building area:_~,, 40' x 53'_house: 2,120 and garage 30' x 30' = 900 sq.ft. (No change) total 3,020 sq.ft. Lot coverage is 15%. V. Purpose of New Construction Requested: expand second floor living space and renovate first floor with new windows, siding, insulation and expanded kitchen. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): waterfront house on Jockey Creek, existing setbacks maintained, new sanitary proposed. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 LWRP CONSISTENCY ASSESSMENT FOR_M I ~:~~3 / A. INSTRUCTIONS (Nadhemy) 1. All applicants for permits* including Town of Southold agencies, sba complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION: Additions to existing dwelling SCTM# 1000-70-5-34 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X Zoning Board X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Wetland Permit for addition to existing dwelling, preexisting side yard Nature and extent of action: second floor addition to existing residence enclosure of existing porch for kitchen. Area already disturbed with existing dwelling, will add dry- wells for roof runoff. New gutters to be connected to dry well. Land elevated away from Jockey Creek, natural buffer existing. Existing structure 64 feet from wetland edge. Location of action: Pine Neck Road, Southold Site acreage: 1 + acre Present land use: residential Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Patricia & Thomas Nadherny (b) Mailing address: Pine Neck Road, Southold NY 11971 (c) Telephone number: Area Code ( 631 ) 673-8940 (d) Application number, if any: AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 Will the action be directly undertaken, require ftmding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWP,_P Section III - Policies; Page 2 for evaluation criteria. Yes X No Not Applicable Property is developed with a single family residence, the owner wishes to relocate and retire and the first floor is to be renovated and bedrooms relocated to second floorl Existing sanitary is only 10 feet from wetlands and the sanitary will be abandoned and new sanitary located in the front yard. Adjacent wetlands are protected with a natural landscape buffer. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes X No Not Applicable - addition to existing residence will not impact historic or archeological resources. Site is previously disturbed with residential construction. Adjacent wetlands are preserved and left in tact. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria YesX No Not Applicable The proposed additions to existing residence are appropriate in scale and design. House is elevated from Jockey Creek. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 tkrough 16 for evaluation criteria Yes X No Not Applicable Dry-wells will be installed, hay bales will be installed prior to construction, existing setbacks have been maintained- second floor over existing house. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes X No Not Applicable Additions to existing dwelling will increase living areas, additional bathrooms will require relocation of sanitary to front yard and abandonment of existing sanitary. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes X No Not Applicable Protection of wildlife habitat is maintained by proposed additions- areas of previous disturbance are used for addition, hay bales will prevent erosion during construction. Landscaping already has incorporated use of natural buffers and native drought tolerant plants. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable X No impact on air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes X No NotApplieable Proposed addition will not increase sanitary requirements or generate hazardous waste. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable X proposed addition to Private single family residence. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes X No Not Applicable Existing House is adjacent to wetlands- The existing house and the additions are proposed on the one acres parcel. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes X No Not Applicable Proposed addition is conducted a minimum of 64 feet from wetland edge and above 10' contour. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable X Land is along Pine Neck Road- behind existing dwellings and not contiguous to agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable X No use of energy resources beyond existing use by existing dwelling. 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD ro~ From: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~ LWRP Coordinator Date: May 28, 2008 Re: Varia/cocn'erlm~t ~or Nadherny The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. If the proposed action is approved it is recommended that following BMP's be implemented to further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands. 1. Provide an adequate non-turf buffer landward from the top ofbluffto ensure protection of the wetland's character, quality, values, and functions. 2. Require gutters, leader and drywells to retain surface runoff. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southo]dtown.norih fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 March 26, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6151 (Nadhemy) Dear Mark: We have received an application for substantial second story addition to an existing single family dwelling at a premises on Pine Neck Road in Southold, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer ~k~kk~g~'k"-~l/'~ !PARTMFNT OF PLANNING 10:34 631-853-4844 S O PL~NIN6 DEPT P&GE COUNTY OF SUFFOLK STEVE LEVY SUI:I:OLK COUNTY EXFCUTIVE April 15~ 20011 TWOMAS ISLES, AICP DIRECTOR OF PLANNING 02 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY I 1971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following ~pplication¢) submitted to the Suffolk County Planning Commission is/a~ 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. Gouveia 6144 CJC1 Corp. 6146 Nadhemy, Thomas & Patricia 6151 Municipal File Number(s) Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc $/sTheodore R. Klein Senior Planner LOCAT iON MAILINg ADDRESS H, LEE DENNISON BLDG. - 47H FLOOR . P.O. BOX 6100 . 1 O0 VETERANS M~MORIAL HIGHWAY HAUPPAUG~, NY I 1788-0099 T~L~COPIERl~ij 853,4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l http://southoldtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 26, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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 #6151 Action Requested: Within 500 feet of: Owner/Applicant: Nadherny, Thomas and Patricia Yard setback ( ) 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER: CTM: Patricia and Thomas Nadherny 1000-34-05-34 Is the subject premises listed on the real estate market for sale? E Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. BOARD OF APPEALc l) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) is the property bulk, headed between the wetlands area and the upland building area? No 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Application submitted and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __ slopes down to Jockey Creek E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (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? No If yes, please submit a copy ofyoar 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? ~ If yes, please label the proximity of your lands on your map with this application. Common driveway with adiacent property H. Please list present use or operations conducted at this parcel residence and detached oara~e and proposed use retain all structures- alterations to house and new second floor isting: single-family; proposed: same with garage or pool, or other description.) Jmfl-~riged Signature and Date 2/05; 1/07 To: Re: AUTHORIZATION New York State Department of Environmental Conservati4 Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Premises at SCTM# 1000-70-5-34 Pine Neck Road, Southold ,~OARD OF APPEAL': Owner: Patricia and Thomas Nadherny 11 Crescent Beach Drive Huntington, NY 11743 The undersigned on behalf of myself and my wife, Patricia Nadhemy, hereby authorize my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a permit to make additions and renovations to my existing dwelling, as well as any other structures, herein proposed on the above referenced parcel. 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 SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 July 31, 2008 Mrs. Sue Odell 6500 Indian Neck Road Peconic, NY 11958 Re: ZBA # 6151 - Application by Thomas and Patricia Nadherny (Variance) Dear Mrs. Odelh Please find enclosed a copy of the Board's decision for your records regarding the above-referenced application. Thank you. Very truly yours, Encl. Linda Kowalski APPEALS BOARD MEMBERS® Gerard P Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 July 31, 2008 By Regular Mail and Fax Transmission 765-4643 Mr. and Mrs. Thomas Nadherny 11 Crescent Beach Avenue Huntington, NY 11743 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6151 -Application by Thomas and Patricia Nadherny (Variance) Dear Mr. and Mrs. Nadherny and Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 24, 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, 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 March 28, 2008 Zoning Appeal No. 6151 Transmitted herewith is Zoning Appeals No. 6151 Patricia & Thomas Nadhern¥- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the a Cover Letter from Patricia C. Moore Listing the following: Current Notice of Disapproval, Application for Building Permit, Authorization letter from Thomas Nadhemy to Patricia C. Moore to represent them in this matter, Determination from Board of Appeals #4455 involving Subdivision, Copy of Survey from VanTuyl, P.C., 2 Pages of Photos of existing house, 9 Pages showing existing & Proposed Floor Plans Including Elevations prepared by the Architect, Survey prepared by Peconic Surveyors, Project Description, Transactional Disclosure Form, Questionnaire, Property Record Card, Copy of RPS, LWRP Consistency Assessment Form, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/26/08 ZBA # NAME CHECK # AMOUNT T~ID'/¥t'EI:~TAMP 6151 Nadherny, Patricia & W 2 7 ~008 Thomas 707 $400.00 $40O.OO By Thank /ou. Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/27/08 * * * RECEIPT * * * Receipt#: 14486 Transaction(s): 1 1 Application Fees Reference Subtotal 6151 $400.00 Check~:707 Total Paid: $400.00 Name: Nadherny, Patricia & Thomas 1025 Pine Neck Road Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6151 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the purpose of this form is to which take whatever action is necessary to avoid same. YOUR NAME: Patricia & Thomas Nadhemy, Patricia C. Moore Esq._ (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.) Tax Grievance Variance X Special Exception If"Other", name the activity: ChangeofZone Approval of Plat Exemption ffomPlat or OfficialMap Other (Trustees) X Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of thc shares of the corporate stock of the applicant (when the applicant is a corporation); B) thc 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 S u b mitt e d t_his~l~.ffay o f ~ Signat eu~~ "'~/&"t~,~ ~. ~/~',~ Print Name:__ __ Patricia Nadherny, Thomas Nadhemy and ./"f Patricia C. Moore Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USP~S Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 29, 2008: 1:35 P.M. PATRIClA AND THOMAS NADHERNY #6151. Request for a Variance under Section 280-122, based on ZBA #5039 Zoning Code Interpretation (Walz), and under Section 280-114, based on the Building Inspector's March 21, 2008 Notice of Disapproval concerning a proposed alterations to existing foundation without creating a new nonconforming, and for a second- story addition over the existing first floor of the single-family dwelling. The reason stated in disapproving the building permit is that the new construction is not permitted as an increase in the degree of existing easterly setback nonconformance which exists at less than 15 feet, at 1025 Pine Neck Road, land adjacent to Jockey Creek, Southold; CTM 1000-70-5-34. 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: May 1,2008. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 May 29, 2008 Hearing #6151 - Nadherny (Excerpt/draft) BOARD MEMBER GOEHRINGER: Next appeal is appeal #6151. It is Ruth's. BOARD MEMBER OLIVA: "Request for a Variance under Section 280-122, based on the ZBA #5039 Zoning Code Interpretation (Walz), and under Section 280-114, based on the Building Inspector's March 21, 2008 Notice of Disapproval concerning a proposed alterations to existing foundation without creating a new nonconformity, and for a second-story addition over the existing first floor of the single-family dwelling. The reason stated in disapproving the building permit is that the new construction is not permitted as an increase in the degree of existing easterly setback nonconformance which exists at less than 15 feet, at 1025 Pine Neck Road, land adjacent to Jockey Creek. Southold; CTM 70-5-34." MS. MOORE: Sorry. I thought I had one in between. I apologize. BOARD MEMBER OLIVA: You tell me your story. MS. MOORE: I'll tell you my story. This is actually relatively straightforward and simple. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Mr.and Mrs. Nadherny are here. A little bit of background, they're retired school teachers so their budget is very modest. And what they are proposing to do is take the existing house that they have, they plan to live in the house full-time, is to just change the roof line. The bedroom -- there are some bedrooms -- no bedrooms, just storage area. I'm sorry. There's a window there. They are putting bedrooms up on the second floor and what the architect has advised me is that they're actually doing it in such a way that the ceiling of the first floor is remaining so that keeping the cost down, taking the roof line and changing it above the existing structure. The only portions that are new construction that requires the foundation is there on the water side of the house, there is a screened in porch and an enclosed porch. The screened in and enclosed porch will be incorporated into the kitchen. So under the screened porch, the foundation there has to be new because I believe it's just posts right now. So it would have to be poured foundation. And then architecturally, there is a change to the front of the house with a small decked over porch. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's the extent of the change to house. Also I would point out that because the nonconforming setback is between themselves, the property next door, the second floor is actually stepped back. It's not the area that is closest to the side lot. That roof line remains and the second story is popping up further back so it's keeping everything proportionately from the side yard. BOARD MEMBER OLIVA: You had to raise the house anyway because of the grade down there. MS. MOORE: No. BOARD MEMBER OLIVA: I mean it's the same but you're still having to build above it. MS. MOORE: Yes. It's taking the exact same house and building on top of it, exactly. BOARD MEMBER OLIVA: And the foundation is secure under? MS. MOORE: The architect has inspected it. The house, all the footings and everything appear to be fine. Their plan is again, modest construction, keeping as much of the first floor as they have now with some relatively minor changes on the first floor; a wall, the kitchen is opening up and a couple of doorways. Aside from 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that, a lot of the space remains. atypical expansion now in Town. BOARD MEMBER GOEHRINGER: questions? BOARD MEMBER OLIVA: will be upstairs? MS. MOORE: Yes. BOARD MEMBER OLIVA: minor. NO, I don't think so. BOARD MEMBER GOEHRINGER: Leslie? BOARD MEMBER WEISMAN: adjacent property. MS. MOORE: Yes. This is the Ruth, any The master bedroom then Otherwise, it's rather Not right now. Thank you. Applicant owns the BOARD MEMBER WEISMAN: There's also a lot of Evergreen screening and rhododendrons. MS. MOORE: It's an older property so there's a lot of mature vegetation. That's not changing. BOARD MEMBER WEISMAN: And it's well setback from the creek so it's really just Walz. It's building over the existing and maintaining existing setbacks. MS. MOORE: That's right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOARD MEMBER WEISMAN: I think the plans look very nice. The elevation looks very attractive, nice roof pitches, CHAIRMAN GOEHRINGER: BOARD MEMBER DINIZIO: CHAIRMAN GOEHRINGER: Jim? I have no questions. I was over to the site and I met these very nice people and I understand the process that they are looking to do and it seems to be okay with me. MS. MOORE: Okay. CHAIRMAN GOEHRINGER: Anybody in the audience like to speak for or against appeal #61517 BOARD ASSISTANT KOWALSKI: We just got an LWRP reply today and it's consistent with, they are requesting dry wells and I have an extra copy for you. MS. MOORE: Dry wells are now mandatory so we will comply. BOARD ASSISTANT KOWALSKI: Thank you. CHAIRMAN GOEHRINGER: You'll conform to that request? MS. MOORE: Provide an adequate nonturf buffer landward at the top of the bank. Well, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they're really -- the bank is vegetated. It's not really grass. They want a nonturf buffer at the top of the bank. I'm not sure that the existing conditions are like that here. That's the only one that I'm not sure can be accommodated but we'll keep a -- it'll stay as it is which is natural. CHAIRMAN GOEHRINGER: You'll have to deal with it and LWRP. MS. MOORE: That's fine. The gutters, leaders and dry wells, yes, of course. Well actually, fine. We'll accept everything because the Trustees are going to ask for the same things. That's fine. CHAIRMAN GOEHRINGER: Anybody else who would like to speak for or against this application? Seeing no hands, I'll make a motion closing this hearing reserving decision until later. BOARD MEMBER OLIVA: Second. BOARD MEMBER GOEHRINGER: All in favor? (See minutes for resolution.) STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th day of May, 2008, 280_lO~q~,a blinim~ofi iS~fe~t on ~in~l~-family dwelling. T~*yeason st~t~l V~lj~,[~ ~6'162~ R~q.est for a Principal Clerk day of CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01'V06105050 Qualified In Suffolk County 280.124,~based 0n the Bail<ling lnsgec-- at 3745 Nassau ~oint Road, Cutchogn¢; ~vi c~n~g aPr~O~(ya~t~r!y The Bo~d ¢f ~als w Il hear ~ll Y~m~s~,$~d~t~.mga ~fole m~ ~g~!usion 9f~ch hearMg. ~ ........... ,, de~aga a~y& Fries are ava~bl~ for 2~5~~ 53~5 Main Ro~ ~ilin~S~) ~5 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER hER SEAS. VL. LAND IMP. TOTAL STRE~ /~ FARM DATE VILLAGE REMARKS DISTRICT SUB. LOT TYPE OF BU'LDmNGI ~,. CB. ] MISC. AGE NEW Tillc~ble 1 Tillable 2 Tillable 3 Woodland Swampland , Brushland I House Plot Tara I BUILDING CONDITION NORMAL Ac re B E LOW Value Per Acre ABOVE Value M. Bldg. f~y~.:.~: /...~c/ ~ '/30~ .~,~2~~' ~Z~,,.~/ ~oundation IE~ Bath Extension ~ ~ ~: ,'~ ?' _~ ~t' Walls ....... ~f~.. (,_ Interior Finish Extension ?~E~ ~ Fire Place J -~ He~t /¢ . ~,, ,.~ ~.~,.% Porch Attic ~ /~ ~' ~ Porch ~ ~z 2~ '~'~ fl Rooms ___ist Floor Breezeway P~io Rooms 2nd Floor Garage ~ / ~ Driveway O.B. ] iI I $OUTHOLD ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PATRICIA & THOMAS NADHERNY AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-70-5-34 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the~ ao'~y of May, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, MAY 29, 2008. Sworn to before me this ~ oC"day of May, 2008. *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PATRICIA & THOMAS NADHERNY (Name of Applicant) CTM Parcel #1000-70-5-34 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) ~k¥ ~ 3 ~0B STATE OF NEW YORK) ~ I~'j BOARD OF APPEALc' I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the]c~day of May, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this /-~ rd day of May, 2008. (' (No~'ary Public) MARGARET C. Notary Public, StRte ¥'-~ ~"ork No. 4~825~ ~ Qualified in Suffoi Commission Expires Jbn~ 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. ANNA ACKER PO BOX 429 SHOREHAM NY 11786 SCTM: 1000-70-5-33 NEIGHBOR LIST NADHERNY SCTM: 1000-70-5-34 MAY 1 3 2008 BOARD OF APDEAL$ THOMAS C. NADHERNY PATRICIA NADHERNY 11 CRESCENT BEACH ROAD HUNTINGTON NY 11743 SCTM: 1000-70-5-35 DOROTHY HAMMOND 920 PINE NECK ROAD SOUTHOLD NY 11971 SCTM: 1000-70-8-19 BESSIE LAFRENIERE PO BOX 326 SOUTHOLD NY 11971 SCTM: 1000-70-8-20 RECEIPT 7192 6463 3110 0000 0836 FROM: Patricia C Moore Esq RE NADHERNY ZBA HEARINE SEND TO: ANNA ACKER PO BOX 429 8HOREHAM NY 117813 FEES: Postage 2~55 TOTAL '~ ~ ~'~ POSTMARK OR DATE RECEIPT 7192 ~163 311 o oooo 0829 FROM: SEND TO: Tt'~MAS C NADHERN~~' IICRESCE EAC OAD FEES: POST~RK OR DATE RECEIPT 71926463311000000843 FROM: Paldcia C. Moc*e Esq RE. NADHERN¥ ~ HE~RING S TO: OTHY HA~MO FEES: TOTAL $~2.1 POSTMARK OR DATE RECEIPT FROM: SEND'TO, $O0¥HOLD NY FEES: TOTAL POSTMARK OR DATE PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 (E3A · [3Agent) B. Received (Please Print Clearly) C. Date of Delivery PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 ~ or [3 AgenO ceived Delivery Addressee's Address PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restrtcted Delivery? (Extra Fee) [] Yes 7192 6463 3110 3. Service Type CERTIFIED 0 67 t. Article Addressed To: BESSIE LA?RENIERE PO BOX 326 SOUTHOLD NY 11971 12'Art'~e1:~:63 3110 0000 0829 7192 6463 3110 0000 0829 1. Article Addressed To: THOMAS Co NADHERNY PATRICIA NADHERNY 11 CRESCENT BEACH ROAD HUNTINGTON NY 11743 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 0843 7192 6463 3110 0000 0843 1. Article Addressed To: DOROTHY HAMMOND 920 PINE NECK ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOU~HOLD.NY 11971 /~eived,~y: (P/~ase Pri,t Clearly) C.D te o, De,very Secondary Address I Suite / Apt / Floor (Please Prfnl C/early) Delivery Address City State ZIP + 4 Code 4. Restricted Delivery? 3.Service Type (Extra Fee) [] CERTIFIED Yes 2. Article Number 7192 6463 3110 0000 0836 7192 6463 3110 0000 0836 1. Article Addressed To: ANNA ACKER PO BOX 429 SHOREHAM NY 11786 NOTICE OF HEARIN © o NOTICE IS HEREBY GIVEN that a public hearing will be held SOUTHOLD BOARD OF TRUSTEES atfheTown Hall, 53095 Main Southold, New York, concerning this property. OWNER(S) OF RECORD: SUBJECT OF PUBLIC HEARING: ¢or~i. TIME ~ DAT~O~B~C HEARING:_ ~ ~ ~O(Il ~, ~ · ~ ~ ~~ ~',~ p~, IF ~ou ~ave an inler?f in t~is pr~ied, ~ou are invile~ lo view t~e ~own File(s) w~i& are availaE)le For ins~ecfion prior to l~e ~a~ oF t~e ~earing ~uring normal ~usiness ~ays ~e~n J~e ~ours o~8 a.m an~ 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 OZO~NG 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.noffiffork.net May ~ , 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 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 May 12h: 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_l 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 arran.qements were made in either a written statement1 or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than May 13th: 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 May 21st: 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 May 29, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls.