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HomeMy WebLinkAbout6148 APPEALS BOARD MEMBERS Gerard P. Goehringen 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 Tel. (631> 765-1809 · Fax (631) 765-9064 ~ [ [ 2 2 2008 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 8, 2008 ~~.~ $outhol Town Cter ZB File No. 6148- JOHN VAN GELDER Property Location: 10 Hickory Road (and Chestnut Road), Southold CTM 54-6-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The property is a nonconforming 21,188 square foot lot located in the R-40 Low-Density Residential Zone district, improved with a single-story frame house with garage located in the most southern corner portion of the property as shown on the April 24, 2007 survey prepared by Nathan Taft Corwin III, Land Surveyor. BASIS OF APPLICATION: Zoning Code Section 280-124, based on the January 16, 2008 Building Inspector's Notice of Disapproval, and applicant's request to construct a new single- family dwelling, after demolishing the existing dwelling. The reasons for disapproving the building permit application are that the new dwelling is proposed with front yard setbacks at less than 35 feet from Hickory Road and Chestnut Road. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is proposing a new 1% story dwelling, after demolishing and removing the existing one-story dwelling. The new single- family dwelling is proposed in essentially the same nonconforming location, at the southern corner of the property with setbacks at 29.3 feet from the street at its closest point, also shown on the site plan prepared by K-YRU Architectural Design and Drafting dated 12/11/07. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - May 8, 2008 ZB File No. 6148 -John VanGelder CTM No. 54-6-14 1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The need to demohsh the existing home is based on its existence for 46 years without a formal foundation as well as its wearing condition over the years. The new home can be larger than existing home to meet the other code requirements, and is essentially in the same location on the lot as the existing structure, utilizing the existing non-conforming front yard setbacks at the west/northwest side. 2) The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The unusual shape of the lot requires, from a practical and esthetic standpoint, that the location of the new structure be essentially the same as the existing structure, which has existed in that location for forty six years. 3) The amount of variance relief requested is not substantial. 4) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The new construction is appropriate to both the town as a whole and the immediate neighborhood and will not have any adverse effect. 5) The difficulty is self-created but is outweighed by the unusual location of this lot with two front yards. 6) This is the minimum that is necessary and adequate to enable the applicant to enjoy the benefit of a new dwelhng on this property, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the March 13, 2008 elevation diagrams and 12/11/07 site plan prepared by KYRU Architectural Design and Drafting. Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members .Gb~hyi~ger (¢~air~ Weisman. This Resolution was duly ad0ptegV~5-0~/ / //C~eYard P. Goehringer, ~/Approved for Filing zio, Olive, Simon, ~man 5/20/2008 and FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 16, 2008 TO: Jim Fitzgerald (VanGelder) PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated January 4, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 10 Hickory Road, Southold County Tax Map No. 1000 - Section 54 Block 6 Lot 14 Is retumed herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 21,188 square foot lot in the Residential R-40 District, with two front yards, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minim~an front yard setback of 35 feet. The proposed construction notes front yard setbacks (from Hickory/Chestnut) of 31.3 feet arid 13.3 (from the Right of Way), respectively. This Notice_of Disam~r~:alavas written based on a site plan dated 12/11/07 by KYRU iand Dr~fting' ' ~,,thorized)~ig Note to Applicant: Any change or~'dr'afia~ionAo_the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. d x, / / / / / , Proposed Site PLan / FLoor 337 ¢' John / EKeen vcn GeLder SCTM ~ 1000 54 06 14 10 Hickory Road SouShoM Area = 21,188,96 SF Non-Conf'ormin9 Lot Front - 40' Side 1 - 15' / Both - Rear - 50' New structure's 96ra9e waLLs ore the s~me O,S the existing Goroge watts, so those existing setbccks remain unchanged Exlstin9 house has 2 bedrooms - new house to have 3 bedrooms New so, ni'tary system to be instaLLed , / ~/' / / ¥ / / / / /% x, ~s exls'dng Gcrcge // / // / / / / / / / / / / x, Existing Site PLan Scale 1716' = 1'0' x. ? FINAL MAP IREVIEWED BY ZBA ~sEE a£C~S~N # ~/~ KYRU Architecturct DemoLition Existing Story House - New 1-1/2 Gcr~Qe John / EILeen wn Getder 10 Hickory Roo. d Southotd NY Drawing Titles Exls~lng ~lte Plan Proposed Site [] construction ¢lgured dlMer Cite nUM~ 1000 % SURVEY OF PROPERTY S[TUA T£D A T $©UTH©LD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-54-06-14 SCALE 1"=20' APRIL 24, 2007 AREA = 21,188.96 sq. 0~486 ~c. CERTIFIED TO: JOHN GERRITT yon GELDER, EILEEN M. wn GELDER Jr. NOTE: DEED REFERENCES ARE TO DEED LIBER 12359 PAGE 307, ' MAR ~ 4 2008 UNAUTHORIZED ALTERATION OR ADDmON TO THIS SURVEY IS ^ VIOLATION OF SEC~ON 7209 OF THE NEW yORK STATE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD~ IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S, Lm, No, 50467 Nathan Taft Corwln III Land Surveyor Fax (651)727-1727 27-10( , ',, ,, , J I .~ / ~ )6~s~ ¢' ' ~k/c/ b~'" now or formerly CharlotteA, ~. ~l [ ",,--'.'l~ ', ' / ~C~'v { I~ ~'Y'~' ~i .-I:~ ,, { / -- q , ~ A~eo={~.3476ACr~s '', lit'~. { / I'"-. ,,' ', .-" l'. : , .'J { ,ow o,,o,m,,y l,. ', ',' . / .--' .... ----. ,' / i -._ L , ~1.~ / % %{6 ,, Area= 3.0~'~ h------ -~-'-.. ~l '-.g~ ,' ,' ,'.. f'' · / ' ' " I~' ,'~ ~ .'~ k, ... , .' . '~' .. I.. 46'37'~0"E ' i 400,07' ~ [ i Porcel to be, cur, vexed ] ' - ' /~/~ '~ - ' ....... * ~ /~ ~1'-~,,~,~. /~,~ . " '~ ' / -.- ~". ', ,%~ -,........-. ~ : ,- ,',' ', .." ~ .- / ..' __= ~--- . .,,~ , I-~.. ~~;~.~. , -, .- ~-- 4~ . I .~ --. .- k.-- ..'/ .' .r / ,, / ' ~0;~, NOTE: ~PqFIVED MAR ~ 4 //¢¢A~ BONING' 70ARO OF APPEALS SCALE: 1/8" = 1'- 0" FRONT ELEVATION Application regardh~g the property of John VanGelder, SCTM #1000-54-6-14 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 March 13, 2008 RIGHT (SOUTHWEST) ELEVATION SCALE: 1/8" = 1'- 0" RIGHT ELEVATION Application regarding the property o£ Jolm VanGelder, SCTM # 1000-54-6-14 Represented by PROPEI~-T PERMIT SERVICES P.O. Box 617~ Cutchogue, NY 1/935 James E. Fitzgerald, Jr. 631-734-5800 March 24. 2008 APPLICATI(~ro THE SOUTHOLD TOWN BO$ OF APPEALS ,. . - ,, Fee' $ ~' ~led B · ~ ~ ~ Date Assigne~Assignment No. ''--' Y' . - ; ECE VEO o ' ~AR i ~ 2008 ~reelLoe~o~: ~ouseNo. [0 Street Hickor7 Road ~a~ SCTM 1000 Section 5~ Block ~ Lot(s) ~ ~ Lot S~e 0.49ac ~ne DistHc[ R-~ 0 I (WE) APPEAL TH ~; WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Jan i6, 2008 Applicant/Owner(s) John VanGelder Mailing Address: 108 Brixton Road, West Hempstead, NY 11552 Telephone: 51 6-481-7236 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, eta Authorized Representative: James E. Fitzgerald, Jr. Address: ~0 Box 617, Cutchogue, NY 11935 Telephone: 631-734-5800 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ~ Authorized Representative [] Other: WHEREBY TIlE BUILDING INSPECTOR DENIED AN APPLICATION DATED J&n 4 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: 2OO8 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIII Section 1~ 124 Subsection 200- Type of Appeal. An Appeal is made for: I~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 [] Reversal or Other A prior appeal [] has gJ has not been made with respect to this property UNDER Appeal No. Year Appeal Application, Continued Part A: AREA VARIANCE REASONS (attach extra sheet as needed): See attached sheet. (1) An undesirable change will not be produced ia the CHAIL-kCTER of the neigbborhood or a detriment to nearby properties, if granted, becanse: (2) The benefit sought by the applicaut CANNOT be achieved by some method feasible for the applicant to pursue, other than an area Yariance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or i.mpact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at. the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VA~RIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSttlP relates to the property and does not'appl~ to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. . ~-3/~ The public safety an. welfare will be secured anti.al j~o.~ Sworn to I;efore me this l~Nbt~try Public) Signa~tu),6 of Appellant or A~ (Ag~f must submit Authofil LYNDA M BOHN NOTARY PUBLIC, State of New York NO. 01BO6020932, SuffoJk County Term Expires March 8, 20,.~ don from Owner) 2BA App 08/02 Applicant: John VanGelder REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The project including demolition of the existing, too-small single-family dwelling and the construction of a new house in essentially the same location on the lot but better suited in size to the family's needs is perfectly suited to this neighborhood in transition. Many homes have been rebuilt or expanded and this proposal will continue and contribute to the trend in a tasteful manner. 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 unusual shape of the lot requires, from a practical and e~thetic standpoint, that the location of the new structure be essentially the same us the existing structure, which has existed in that location for 46years. The non-conforming setbocl~ which resulted in the Building Department disapproval are essentially the same us thuse for the existing struc- tur~ The relocation of the structure to a more rearward spot would, because of the re- verse-corner location of the property, be undesirable from the owner's point of view. 3. The amount of relief requested is not substantial BECAUSE: The impact on the neighborhood of the granting the requested relief would be minimal since no increase in the intrusion into the two front yards is proposed and the neighbor- hood has had a long time to get used to a house in that location. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: Although the appearance of the proposed house will be a significant change, the new construction is appropriate to both the immediate neighborhood and the Town ns a whole and will not have any added effect at all upon the physical or environmental conditions in the neighborhoot~ 5. Has the alleged difficulty been self-created? ( ) Yes (X) No 6. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. COUNTY OF SUFFOLK) , .... Sworn to before me this 14th day of March 2~08. LYNDA M BOHN NOTARY PUBLtC, State of New York NO. 01BO6020932, Suffolk County Term Expires March 8, 20..~.{_ 108 Brixton Road West Hempstead, New York 11552 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for the construction of a new house on my property located at 10 Hickory Road, Southold, and designated by Suffolk County Tax Map No. 1000-54-6-14, and to furnish, upon request, supplemental information in support of the application. Sincerely, John VanGelder Proper-T Permit Setafices P.O. Box 617, Cutchogue NY 11935 Phone:631-734-5800 Fax:631-734-7463 MEMORANDUM DATE: March 24, 2008 TO: Linda - ZBA FROM: Jim Fitzgerald SUBJECT: John van Gelder; SCTM #1000-54-6-14 Here's the additional material for this application: · A check for $200 for the second variance required. · Seven copies of a drawing showing the elevation (southwest) facing the right-of- way. Seven copies of the filed map for the subdivision for which the right-of-way pro- vides access. The location of the now-van Gelder property and the width of the right-of-way have been indicated. Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 14,2008 (631) 734-5800 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; John VanGelder, SCTM #1000-54-6-14 Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the demolition of the existing dwelling and the construc- tion ora new single-family dwelling on the property of John VanGelder located at 10 Hickory Road in Southold. Proper-T Permit Services represents Mr. VanGelder in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. y~a,trs truly, ~ ¢ ] ~ , '~t~ I 4 2008 cs E F~tzgeral~i r Enclosures: Application fec (check, $400) Application (7 copies) Project Description (7 copies) Letter of Authorization (7 copies) Transactional Disclosure Form (7 copies) ZBA Questionnaire (7 copies) Notice of Disapproval (7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Building Elevation Diagram (7 copies) Town Property Card (7 copies) Project Site Photos (7 copies) Survey of Property; Corwin, 4/24/07 (original plus 6 copies) Site Plan; Kyle Ruhs, 12/11/07 (7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION THE AREA OF THE PROPOSED PROJECT IS CIRCLED EAST PECONI( HOG NECK VICINITY MAP Application regarding the property of John VanGelder, SCTM # 1000-54-6-14 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Febmarv 26, 2008 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): John VanGe!der I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 62' x 25' to be demolished Square footage: 1360 sf including garage B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: FI. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: 71' x 34' Square footage: 2060 sf - first floor Height: 3 O' f~otprint, including garage m. Purpose anduseofnewconstmctionre~estedinthis ~plication: Replace existing d~eliing iV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construct/on. 7/O2 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disqpproval to shove changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAnlE FOR FILING WlTlt YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes jKNo Are there any proposals to change or alter land contours? ~3 Yes ~ No I) Are there any areas that contain wetland grasses? N o 2) Are the wetland areas shown on the map subrrdtted with tl-ds application? N/A 3) Is the property bulk_headed between the wetlands area and the upland build/ng area? No 4) I/your property contains wetlands or pond areas, have you contacted the office of the To'~n Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: D. Is there a depression or sloping elevation near the area of proposed conslruction at or below five feet above mean sea level? N o Are there any patios, concrete ban-iers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? N o (Please show area of these slructures on a diagram ffany ex/st. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concem/ng your premises? N o If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: N/A Do you or any co-owner also own other land close to this parcel? No the proxim/ty of your lands on your map with tiffs application. If yes, please label H. Please list pres)e~,t use or operations conducted at this parcel f~ '~' ~ and proppsed use Same ..--"-(~les:/d3jbd/r~g> ~-y; pr~ same ~ Au?~ed Sigafff~ ~ )ate -J ~/~ Single-family dwelling 2/05 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed blt Applicant or Project Sponsor) 1. APPLICANT/SPONSOR ]2. PROJECT NAME James E Fitzgerald Jr - Proper-T Permit Services / VanGelder house 3. PROJECT LOCATION: Municipality Sotlth0ld County Stlffold( 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 10 Hickory Road See attached maps. Southold, NY 11971 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Demolish existing single-family wood-frame house; construct new single-family wood-frame house. Install new on-site sewage disposal system. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.5 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Certain setbacks are non-conforming. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium-size single-family wood-frame dwellings. E]Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTtON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes II No If Yes, list agency(s) name and permit/approvals: Southold ZBA, Southold Building Dept 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r~Yes [~]No /~:~FY THAT T.J~/~'RCA~TION?_~.E~E[~;2~VE IS TRUE TO THE BEST OF MY KNO~EDGE ~plican~sponso~ ~esE~J~ .(/ /) Date: 3/12/08 Signature: ~~ ~ ~' ~ If the ~tion is in the Co~al Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPEALS BOARD MEM Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 21,2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 By ReRular Mail and Fax Transmission 734-7463 Mr. James Fitzgerald, President Proper-T Permit Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: ZBA # 6148 - Variance Determination (VanGelder) Dear Mr. Fitzgerald: Please find enclosed a copy of the variance determination rendered by the Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the variance enclosed with all the required maps at the time of submitting your application to the Building Department for a building permit. Thank you. Very truly yours, Encl. Copy of Decision 5/21/08 to: Building Department Linda Kowalski ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/24/08 CHECK fi: AMOUNT TC D&'~E~'~I~MP ] ZBA NAME $200.00 additional ~J~, 2 6 200~ 6148 VanGelder, J. & E. 3821 fee owed for previously submitted Southold Town Cleft appl. ! I I TOTAL $200.00 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/17/08 RECEIVED ZBA # NAME CHECK # AMOUNT TC DATE STAMP VanGelder, John and 6148 Eileen 3750 $400.00 Southold Town Cler~ TOTAL $400.00 ELIZABETH A. NEVII.LE 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 17, 2008 Zoning Appeal No. 6015 Transmitted herewith is Zoning Appeals No. 6148 of John & Eileen VanGelder- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Proper-T Permit Services Listing the following: Project Description, Authorization letter from John VanGelder to James E. Fitzgerald, Jr., of Proper-T-Permit Services to represent them in this matter, Transactional Disclosure Form, ZBA Questionnaire, Notice of Disapproval, Short Environmental Assessment Form, Vicinity Map, Tax Map, Drawing of Front (Northwest) Elevation, Copy of 2 Property Cards, 2 pages of Project Site Photos, On back of 1st page is Drawn View Angles, Survey from Nathan Taft Corwin III, Design and Drafting from KYRU Architectural Showing Existing and Proposed Site Plan. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/26/08 * * * RECEIPT * * * Receipt'8: 14340 Transaction(s): 1 1 Application Fees Reference Subtotal 6148 $200.00 Check#:3821 Total Paid: $200.00 Name: VanGelder Jr, John G 108 Brixton Road South West Hempstead, NY 11552 Clerk ID: CAROLH Internal ID: 6148 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/17/08 * * * RECEIPT * * * ReceiptS: 13686 Transaction(s): 1 1 Application Fees Reference Subtotal 6148 $400.00 Cash#: 3750 Total Paid: $400.00 Name: Vangeler, John & Eileen 10 Hickory Road Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6148 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: VanGelder, John (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 Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Towm 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 y If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~4~_m day of ~_.~ oo7 Signature: Oz/,r~, oo- PrintName: ~ohn VanGeldor Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 24~ 2008: 9:50 A.M. John VanGelder ZBA #6148. Request for a Variance under Section 280-124, based on the Building Inspector's January 16, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building, with front yard setbacks at less than the code- required 35 feet. Location of Property 10 Hickory Road and Chestnut Road, Southold; CTM 54- 6-14. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski~,Town.Southold.n¥.us. Dated: April 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 Chapter 280 (Zoning), Code of the Town of Southold, the following pubhc hear- York 119710959, on ~]IJRSDAY. APRIL ~,~0~8: ¢8782 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 ~ week(s), successively, commencing on the 10th day of April, 2008. Sworn to before me this ,¢~4,~-~ ~Principal Clerk day of ~'¢~(~ 2008 CHRISTINA VOL~NSKI NOTARY PUBLiC-STATE OF NEW YORK No. 01 -VO6105060 OWNER TOWN OF SOUTHOLD ~1~ OPERTY RECORD CARD FORMER OWNER RES. SEAS. STRE~ -i~>._ w,L*GE D,STR~CT SUB /N` ~,/1 ~[ :~ II E ~ ~,_~ [ ACReaGE ,~. c** ~' '~c,.., ,s~. TOTALDATEREMARKS LAND IMP. LOT lest. Mkt. Value 0~0 0~. AGE 0 ~1~ ~ Iooo Woodland Swampland 3rushland -louise Plot Fotal ~ ~'~ u.7oo BUILDING ~7oo FRONTAGE ON WATER FRONTAGE ON ROAD 6~,~ BULKHEAD DOCK 'M. Bldg. ¥ /D c/20 z.~q?¢ ~~ Breezeway Garage Founaotion ~asement Ext: Walls Fire Place Bath Floors: nterior Finish Heat Porch Roof Type Porch Rooms 1st Floor Patio Rooms 2nd Floor Dormer NO. 130 THE SITE OF THE PROPOSED PROJECT IS SHADED MATCH TAX MAP Application regarding the property of John VanGelder, SCTM # 1000-54-6-14 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James lq. Fitzgerald, Jr.631-734-5800 February 26, 2008 GREA? POND 3O,7 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of JOHN van GELDER Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-54-6-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTiNG I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the l0th day of April, 2008, I personally placed the Town's official Poster, with the date of heating and the nature of the application noted thereon, securely upon the appli- cant's property, located ten (10) feet or closer from the street or right-of-way (driveway en- trance) 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, April 24, 2008. Sworn to before me this 24th day of Ap~l, 2008. NoJy Public LYNDA M BOHN NOTARY PUBLIC, State of New York NO. 01BO6020932, Suffolk Cio/~nty Term Expires Merch 8, 20J.~.. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of APR 4 ~00~ BOARD OF APPEALS JOHN van GELDER Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-54-6-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 3rd day of April, 2008, I personally mailed at the United States Post Office in Cmchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, tree copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified fi.om the official records on file with the Assessors, 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. Three USPS Certified Mail Receipts are attached herewith. Dated: April 4, 2008~ ~~ Sworn to before me this 4th day of April, 2008. Notary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Count~. Term Expires December 31, · Comptete items '1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print you,~ name and address on the reveme so that we can ~tum the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Artiaie Addressed to: Town of Southold :0 Box 1179 Southold NY 11971 Addressee C. Date of Deliver/ '] Yes I No APR 04 2008 ri C.O.D. 4. Restricted Delivet~? (Extra Fee) [] Yes 2. AfficleNumber 7005 3110 0000 2765 6274 ~'rensfer from se~ce label) PS Form 3811, FebnJary 2004 Domestic Return Rsceipt lO2595-o24&-1540 · uornplete itemS'l; 2, arid 3; Also complete item 4 if Restricted Delivery is d~sired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: }'hilliT J. Vanmanen 426 ~ao :son Street ?ranklin Square MY 11010 Service Type r Certifmcl Mail [] Express Mail [] Registered [] Return Receipt for Merabandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F6e) [] Yes 2, Afficle Number (Transfer from sen/ice label) 7005 311o 00o0 2765 6304 PS Form 381 1, February 2004 · Pdnt youf name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiese, or on the front if space permits. 1. Article Addressed to: Scott kcNeill 120 Hickory Road Zouthold NY 11971 Domestic Return Receipt 102595-02-M~J~ [] Addressee 3. Service Type %~.,~ . 1 4~1~~' ~ R~ ~ R~m R~i~ for Me~ ~ Insu~ Mail ~ C.O.D. 2. ArtlcleNumber 7005 3110 0000 2765 6298 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Ct ~nen R. Larbara 27 ,~ak ~treet ~,'~ ding River hY 11792 [] Addressee B. Received Printed Name) ~17 []Yes address below: [] No 2. Article Number (Transfer from service label) PS Form 381 1, February 2004 [] Express Mall [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Res'fficted Deliver;'/Ex'Ua Fe?) [] Yes 7005 311o ¢ooo 2765 6311 Domestic Return Receipt Proper/l` [~ermil Sera,icas Post O[~ice Box 617 ('utchog~te, New York I t935 7005 3110 0000 2765 6281 !llllllllllilllhll <?,? 6000G $2.65 $2.15 $0.00 $ $5.~1 m ~ro Stet,hen R. Ba~ara r-[o~O~o~~o. 27 Oa~ ~ree~ .... r~ [~,ro Scott W. ~lc~eill [o,~O,o,~. 120 Hlc~ory Road $2.65 $2.15 $5.21 (Endorsement Required) (Endorsement Required) $ $5.21 Anne Rubat ru $ 60.41 o $2.65 ' o $2.15 m $ 05.21 ~ [*~ ~°._:Z_9..w.x.~....9.f...~..~.u .~ .~ 1 ~ ............................... .............. ......... ................................... ~c~,*~,.~ Scugh~id hY 11971 Postage Certified Fee Return Receipt Fee Endorsement Required) ~16/2008 ZONING BOARD OF APPEAL-'~"~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April / ,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, April 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7th: 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, 'R. ETURN 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 arranqements were made in either a written statement, or durinq the hearin~l, providing the returned letter to us as soon as possible; AND not later than April 8th: 'Please eit'~er 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 April 14th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to April 24, 2008. tf 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: VAN LDER, J. #6148 MAP #: 54-6-14 APPEAL: Setback Variance REQUEST: New Dwelling after Demo DATE: THURSDAY, April 24, 9:50 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PHOTO A: Looking SE at from elevation of exist- ing house. (t/31/08 at 1620 hfs) PHOTO B: Looking N. Stake gl is in the fore- fround. (2/28/08 at t655 hfs) PHOTO VIEW ANGLES SHOWN ON REVERSE OF THIS PAGE PROJECT SITE PHOTOS Application regarding *he proper~y of John VanGelder, SCTM #1000-54-6-14 Represented by PROPER-'I' PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 March 12. 2008 ,J / / PHOTO V~EW ANGLES PHOTO C: Looking NW. Stakes are, from left to right; #2, #3, #4. (2/28/08 at t700 hfs) PHOTO D: Looking SE. Stake #5 is below the pink tape in the fore- ground and Stake #4 is in the background in t¥ont of the angled tree. (2/28/08 at 1705 hfs) PROJECT SITE PHOTOS Application regarding the property of John VanGe[der, SCTM # 1000-54-6-14 Represented by PROPER-'[ PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 March 12, 2008