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HomeMy WebLinkAbout6166 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 · 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 JUN 2: :'C'o FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2008 fiOt~th~!~ ZBA # 6166 - Application of JERRY KALAS PROPERTY LOCATION: 995 Glen Court, Cutchogue CTM 1000-83-1-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application 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 May 28, 2008, stating that this application shall be considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. LWRP CODE: Exempt under Chapter 268, Section BB, alterations and additions are on the landward side of an existing dwelling constituting less than 25% of the original structure, except in a Coastal Erosion Hazard Area. Also exempt under Section F, inasmuch as the variance requested does not concern additions or alterations within 100 feet of a regulated natural feature or bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is a non- conforming 22,903 square foot lot in the Residential R40 District, measuring 100' wide along Glen Court Road, 100' wide along the Northerly property line facing Long Island Sound, 223.03' deep along the easterly property line, and 237.56' along the westerly property line. It is improved with a single-family dwelling. BASIS OF APPLICATION: Request for a Variance under Sections 280-122 and 280-124, based on the Building Inspector's April 10, 2008 Notice of Page 2 - ZBA # 6166 NAME OF APPLICANT: JERRY KAl_AS. PROPERTY LOCATION: 995 Glen Court, Cutchogue; CTM 1000-83-1-10 Disapproval, concerning an as-built addition with alterations to the existing single-family dwelling, which is less than 35 feet from the front yard lot line. RELIEF REQUESTED: The applicant proposes to re-design and replace the existing front door steps and landing to allow direct vehicular access from the front driveway into the existing attached garage at 20 feet from the front property line while the code requires a minimum front yard setback of 35 feet. ADDITIONAL INFORMATION: On November 13, 1979 the Board of Appeals granted a variance (# 2644) permitting the construction of the applicant's dwelling with a 15 foot nonconforming front yard setback due to the active erosion of the bluff on the subject property REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267'b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed addition and alterations includes stairs, a landing, and garage doors, some of which are as'built, all within the existing non-conforming front yard setback and other homes in the area have direct front access to their attached garages. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the existing house already has a non-conforming front yard setback. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial since it will simply permit the relocation and replacement of some existing steps within the existing non-conforming setback. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but is the result of a previous decision to build the existing dwelling as far away from the bluff as possible 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. The subject property and the proposed alterations are landward and more than 100' from the bluff Page 3-ZBA # 6166 NAME OF APPLICANT: JERRY KALAS. PROPERTY LOCATION: 995 Glen Court, Cutchogue; CTM 1000-83-1-10 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of front access (road side) to the attached garage and front door, 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 Simon, and duly carried, to GRANT the variance as applied for, as shown on the plot plan and drawings dated 3/20/08 and prepared by P. Georgopoulos, Architect. Any deviation from the variance given such as extensions, or demohtions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. Thi~sA~h:~:~on was~h~q.y adopted (5-0). jj~GerardP. Goehring~r, Chairm~ 6/~/2008 "HAP OF VISTA BLUFF" FILED IN THE OFFICE OF THE CLERK OF EOFFOLK COUNTY HARCH I..5, Iq68 AS FILE NO. 5060 SITUATE, CUTCUO6UE TOJ~I.' ~UTHOLD SUFFOLK COUNTY, NY SURVEYED: 11-15-2OO~ E~UFFOLK 6OUNTT' TAX # I000- 83- I - I0 N ~CK KALA~ LOT At~.EA OF t=ILE~ HAP Ar'ec~ = 22,q03 5. F. Arec~ = O.525~ Acres LOT AREA TO HI6H k~ATER. LINE Arec~ = 182)26 S. F. Ar'ecl = 0.4322 Acres ®P-.APHIC 'SCALE I"= DO' '( JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERI-IEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserve~pms\07~07-219A.pro T}~ CONTRACTOR SI~L~ AR~ ~T~ OR D~ DURi~ EXISTING STRUOTU~ DURIN~ DEMOTIONS, ~C.) L zk,O /0,0, 0 / SEE MAP FORM NO. 3 NOTICE OF DISAPPROVAL TO: Panagis Georgopoulos (Kalas) 33-12 Francis Lewis Blvd. Flushing, NY 11358 Please take notice that your application dated April 1, 2008 DATE: April 10, 2008 For permit for an "as built" addition and alteration to an existing single family dwelling at Location of property: 995 Glen Court, Cutchogue, NY County Tax Map No. 1000 - Section 83 Block 1_ Lot I_.Q0 Is returned herewith and disapproved on the following grounds: The "as built" addition to this existing single family dwelling, on a non-conforming 22,903 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Therefore, the construction is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 10,000 square feet in total size, require a minimum front yard setback of 35 feet. The "as built" addition is noted as being +/- 20 feet from the front property line. This Notice of Disapproval is based on a plot plan and drawings dated 3/20/08 by P. Geor~omfii~s. Ar~'~hitect-- t.'~naty~ra~viation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Ap~ No. 2644 ~d November 13, 1979 ACTION OF ~ ZO~G BOARD OF APPareLS O~ q~qE TO~r~ OF To Mr, W. Chet Van Dyne (Rudolph H. Bruer, Esq.) 300 East 40th Street New York, NY 10016 ................. of the ~ O~I/nance ami ~e derision of the Sulldh~ ~n~;~mt~' ( ) be reversed ( ) be co~m~b~a~ 8:10 P.M. Upon application of W. C~U~T VAN DIANE, 300 East 40th Street, New York, New York (Rudolph H. Bruer, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient frontyard. Loca- tion of property: Glen Court, Cutchoque, filed Map ~5060 of Vista Bluff~ Lot %4, bounded northeast by Aiiano, southeast by Glen Court, (SEE REVERSE) (SEE REVERSE) (SEE REVERSE) ( ~EE REVERSE) APPROVED FOP, M ~ Chairman Board of /~pea~= After i~¥9~t~gation and inspection, the Board finds that the applicant is fequestin~ a 15-foot frontyard setback variance due tO the active erosion on the subject property and the poor shape of the bluff caused by wave attacks. ~he dwelling as proposed would meet all the other requirements of the Code of the Town of Southotd and Bulk and Parking Schedule. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it RESOLVED, that W. CHET VAN DYNE, 300 East 40th Street, New York, New York 10016, by Rudolph H. Bruer, Esq., BE GRANTED a variance to tha Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient frontyard setback as applied for herein. Location of property: Glen Court, Cutchogue, filed Map %5060 of Vista Bluff, Lot %4; bounded north- east by Aliano, southeast by Glen Court, southwest by Lorete, northwest by Long Island Sound. Vote of the Board: AYES: Messrs. Douglass, Grigonis, Tuthill and Doyen. APPLICATIO~ THE SOUTHOLD TOWN BOARI~PPEA~ Fee:$~{}O.' FiledBy: [~f. ~ DateAssigned/AssignmentNo. ~/~ ~ / House No. ~C Street ~-~d ~CVE T Hamlet ~&chO$~~s/ SCmMlOOOSeetion ~Saloek [ Lot(s) tO LotSize ~lOOO ~ Zone I ~E) APPEA~ T~ ~TTEN DETE~INATION OF THE BUILDING INSPECTOR DATED < IoloX BASED ON MAP DATED Applicant(s)/Owaer(s): ~E~ ~ ~/b -$z7-7o 7q NOTE: In addition to the above, please complete below if application is signed by applieant's attorney, agent, archiiect, builder, contract vendee, ere, and name of per~n who agent represeflis: Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspoudence to be mailed to, from the above names: ~Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED ,~L}r'////2.-a~,~ FOR: _~B_uilding Penn'it [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article.S.__ Section 280- ~Of) -/2- ~k Subsection Type of Appeal. An Appeal is made for: .~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~0ias not been made at any time with respect to this propert¥~ UNDER Appeal No. Year __. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACT]~R of the neighborhood or a detriment to nearby properties if granted, because: v'~V~3//~ /~ ~'~t~e ~4-//~¥ 5tt~p.~ ~ f~/,~n~./ (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: P/t~__q ~ /~_q ~L/t./,,t- /'~'./~h (3) The amount of relief requested is not substantial because: ~ ,~'a/~ "~ ? P ' (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~)vo[')oSe' ~ (~tV~. o._( ~c,~e<f ~'~- 3t~ (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: ~No. [] Yes (l~lease furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, A/ND PleASE COMPLETE THE ATTACHED USEVARIANCESHEET: (PleasebesuretoT. s.~l~t~ey.)~. Sworn to before me this BIC~ANA COLO~O No~ ~blic, S~e ofN~ York No. 01C~178725 ~ifi~ in Kin~ Co~ ~mi~n Expir~ ~ 10, Signature of ~ppe~ant~/3fu~h~ized Agent (Agent must/~b/dt written A~horization from Owner) Page 3 of 3 - Appeal Application For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the properly is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply fo a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safely and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Ofhe),(vise, please proceed to the slCl n afur~s,and~ea below. / Notary Public, State of New York / /. / / No. 01CO6178725 Qualified in Kings County Commisson Expires December I0. 201 | l Signature ot.A-ffioemant c rAurno,zea ^gem Sworn fo befpre. [ne this ~s ~ {Agent mus~bmlf Aut~ ~orizofion from Owner) .x..,,c)290tL -~ary Public) z,.x ~x,. 9/30~02 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suftblk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 JuuI-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H, LEE DENNISON BLDG. - 4IH FLOOR P.O. BOX 6100 · (6311 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 IELECOPIER (631) 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTmvn. NorthFork. net Examined ,20 Approved Disapproved a/c f~j~>, Expiration ,20 ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIS, T Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: ~ '" ~ Mail to: Bui]'dtl~tnspector ~.__ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date 3-25- _, 20 08 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or ar,eas, 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 §hall 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 i 8 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, ordinanc~lding code, housing code, and regu:~t~it~ authorized inspectors on premises and in building ~ for n e c.,~ ~s. , ~ Georgopoul~ is , [(4~ ~ ~ (Signature ofapplic~n~r~e, if acorporation) ~ ~ ~ 3~-~ Francis Lewis Blvd, Flushing NY 11358 %.~ 1~~/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, archit~general' '"~~~'~ contractor, electrician, plumber or builder The applicant is the architect. Name of owner of premises Jerry Kalas_, John Kalas, Nick Kalas. (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. 1. Location of land on which proposed work will be done: 995 Glen Court House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block ~',:",': ....~' "LOt,';a ~ Filed Map No. - Lot 2.' State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy One family dw~l l ~ nq b. Intended use and occupancy ant, farr-il,v rlwllqng 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 15,000 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration xx (Description) (To be paid on filing this application) Number of dwelling units on each floor 2(Part of Dwellinq) 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. I~A 7. Dimensions of existing structures, if any: Front 61 ' Rear Height 28' Number of Stories 2 Depth ?fl~ 6 ' Dimensions of same structure with alterations or additions: Front 61' Rear 61 Depth 28' Height 28' Number of Stories Dimensions of entire new construction: Front 61 ' Height 28 ' Number of Stories Rear 61.4' Depth 28.6' Size of lot: Front 100' Rear 100' .Depth 237.56' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO xx 13. Will lot be re-graded? YES NO xx Will excess fill be removed from premises? YES__ NO xx 14. Names of Owner of premises Jerry Kales Name of Architect Panaqis Georgopoulos Name of Contractor Address Phone No. Address~~Wnone No Address ...... - ....... ~ -' Phone No. 718 359 5577 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES xx NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES .%. NO QU.~, D ..... * IF YES, D E C PERMITS MAY BE RE . ' ' ; 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 Ye~t or below, must P~vide topographical data on survey. 18. Are there any covenants and restrictions with resPect to this property? * YES NO xxx * IF YES, PROVIDE A COPY. STATE OF NEW YORK) ~_/p/~' ;~"z~//(..' ~" being duly sworn, deposes and says that (s)he is the applicant (Name or--in.ual si~g ~ontract) above named. (S)He is the Owner (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 al! statements contained in this application are tme 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 ~r7 day of 0) ~-~.;Pl 20~ ~ot~ Public Ouai~fled in Queens Cou~l~ ~mmiss*on Ex,ms N~. 27. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: t~/~C/~-5 I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: Il. New Construction Areas (New Dwelling or New Additions/Extensions): /~//L Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2- Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor):/~ Existing square footage of buildings on your property: Proposed increase of building coverage: )9/~ f~J4~.d4~l t' Square footage of your lot: ~:'z-/OtgO ~, ' kJ Percentage of coverage of your lot by building area: ~,5(, ' V. Purpose of New Construction: /I,//t4 . VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall 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 in£ormation used by a Town of Southold agency in making a determination of consistency. *Except minor e.xe,lpt actions including Building Permits clncl other ministerial permits not located within the ( 'oastal Erosion H~z~v'd Area. Before answering the questions in Sectioa C, the preparer of tiffs fbrm should review the exempt ~ninor action list, policies and esplanations of each policy contained in the Town of Soutbold Local X,Vaterfi'out Revitalization Progrmn. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detemfination that it is consistent to the ~naximum 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 Plan~fing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT # / t o The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard[-q BuildingOept./~ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Nature and extent ofaction:,q I--o T Location of action:__~ ~ Site acreage: Present land use:. Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, thc following information shall be provided: (_.. ~OIt..~l Ix/6-- ~-}e-4~l { ir) . (a) Name ofapplicm~t: (b) Mailing address: (c) Telephone nnmber: AreaCode ( ) %""/g ~ 7~?~70 7 (d) Application number, if any: Will the action be directly undertaken, require fimding, or approval by a state or federal agency? Yes [] No. ,[~ If yes, which state or federal agency.'? __ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the To*vn of Southold that enhances community character, preserves open space, makes efficient rise of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. []Yes ~ No [~ot Applicable Attach additional sheets if necessary ~h~y2..Pr~tect~and preserve hlslorlc and archaeological resources o~ the Toffn 0]' K0u~oI~S~LWRP ' Section Ill - Policies Pages 3 through 6 for evaluation criteria ['--] Yes [] No XNot Applicable · Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Sonth01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes [-q No ~ot Applicable Altach additional sheets iflleccssaly NATURAl, COAST POI,ICIES Policy 4. Minilnize loss of life, structnres, anti natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes [--] No ~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ['--] Yes ~-] No ]~Not Applicable 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; Pa es 22 th r ~u-~h )-~ ~-] YeS ~-] A~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 throagh 34 or evaluation criteria. ~] Yes [~ No~ot Applicable Attach additional sheets if' necessary Policy 8. Minimize enviromnentai 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 7] NoX ot App,icab,e 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~ot Applicable 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. ~-Ye~ [] Nb~ot APPIicaq~I~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic l~stuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [] No ~Not Applicable 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 [--] 1No~NotApplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and ufineral resources. See LWRP Section III - Polio;Sages 65 through 68 for evaluation criteria. [-~ Yes ~-] No~ Not Applicable Created on 5/25/05 1I.'20 AM QUESTIONNAIRE FOR FILING WI'Ill YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~glqo B. Are there any proposals to change or alter land contours? ,J~q'4o [] Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? /q/'o ]/V~. 76/A4,4 t~ 5 2) Are these areas shown on the map submitted with this application? O VI ~ (/~'~/d 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have ygu contacted the office of the Town Trustees for its determination of jurisdiction? t4//t+ Please confirm status/of your inquiry or application with the Trustees: /VO 7-t, ot Ott n/' /v o t= r- o ~ ,,v e-£ce~ 19'£ ] $ t4-o~~- and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or slopin[g ~elevation near the area of proposed construction at or below five feet above mean sea level? /V D E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /Vo , (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction ta!(~ng place at this time concerning your premises? /{/e3 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? t~t-) If yes, please label the proximity of your lands on your map with this application. H. Please list present use or oper,ations con~ducted at this parcel ·.,.ana proposea use __ -- ~" __ ~_ _ __ (examp/~s.xist~n~/~gle-f/~ly; proposed: same with garage or pool, or other description.) Authoriz~d~t~atu~ ari~/Dat~ ' 2/05; 1/07 APPLICABI OWNER, CONTRACT VENDEE The Town of Southold's ~ e of Ethics prohibits conflicts of interest on the part of Town officers and employees· The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, lrst name, midSfe ~Stit~applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance ~ Special Exception -- *Other Approval or Exemption ~ from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: ~ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of .... blood mama e or business interest." · . Soutbold? Rclat/onshi "includes b · · , . Business interest" means a business includ~n a artnershi in which t~~ ~A~e Tov, q~ officer or e mrtial Ownershi of o~ ~are~s m lo ee owns more than 5% o2'Itm_~ .... YES NO_,~ .... If you answered "}~'3"; complete the balance of thix fortn and date attd sign ~*,here indicated Name of person employed by the Town of Soutbold: Title or position of that pe~ son: Descr/be that relationship between yourself (the applicant, agent or coutract vendee) and the Town officer or employee. Either check the appropriate 1/ne A through D (below) and/or describe the relationship in the space provided· The Town officer or employee or his or bet. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater tban 5% of the shares of tbe corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficiaI owner ofauy 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 {ubmitted this ~ da~ of~tq, / ?oo~ Signature:~=~.ff~ Print Name:~~ APPEALS BOARD MEMBERSO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. 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 1197l http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 20,2008 Mr. Jerry Kalas 995 Glen Court Cutchogue, NY 11935 Re: ZBA #6166 - Jerry Kalas Variance application Dear Mr. Kalas: Transmitted for your records is a copy of the Board's June 16, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski 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 April 29, 2008 Zoning Appeal No. 6166 Transmitted herewith is Zoning Appeals No. 6166 for Jerry Kalas- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Notice of Disapproval, LWRP Consistency Assessment Form, 2 Pages of Property Record Cards, 2 Photos Showing Front & Rear of Subject Property, 1 Photo of Subject Property (Front) & 1 Photo of 795 Glen Court (Front), 1 Photo of 495 Glen Court (Front) & 1 Photo of 95 Vista (Front), Survey of Property Prepared by John C. Ehlers Land Surveyor, Plans for Proposed New Driveway and Two Car Garage Prepared by P. Georgopoulos, Architects. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/24/08 ZBA # NAME CHECK # AMOUNT TC~-~.-~-~_~li~e-~'~M p 6166 Kalas, J. 1770 $400.00 MAR 2 8 2008 TOTAL $400.00 OTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/28/08 * * * RECEIPT * * * Receipt'8: 17203 Transaction(s): 1 1 Application Fees Reference Subtotal 6166 $400.00 Check#:1770 Total Paid: $40000 Name: Kalas, Jer~ &Agiolina 995 Glen Cou~ Cutchougue, NY 11935 Clerk ID: CAROLH Internal ID: 6166 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. 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: 9:30 A.M. JERRY KALAS #6166. Request for a Variance under Sections 280-122 and 280-124, based on the Building Inspector's April 10, 2008 Notice of Disapproval, concerning an as-built addition with alterations to the existing single-family dwelling, which is less than 35 feet from the front yard lot line, at 995 Glen Court, Cutchogue; CTM 1000-83-1-10. 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: 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 #8834 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 15th day of May, 2008. //~¢~.~ /~ Principal Clerk Location: 3683 Pthe Neck Road at Jock- ey Creek. Southold: CTM 1 ~00-70-6-23. 11:25 A.M. MATTITUCK pARK DISTRICT g6164. Request for a Vari- ance under Section 280-15E, based on the Building Inspector's April 4, 2~08 Notice of Disapproval concerning acces- sory sports lighting with poles exceeding the code height lhnitation of 18 feet (70 feet and 80 ft. high poles are proposed), at ~_50 Aldrich Lane. Mathtuck (Aldrich 1:35 EM. A I D- - ~ #6151. Request for a Variance under Section 280q22, based on ZBA #5039 Zoning Code Interpreta- tion (Walz), and under Section 280-114, based on the Building Inspector's March 21, 2008 Notice of Disapproval concern- ing a proposed alterations to exia~ foundation without creating a new ~- conforming, and for a second-story ed- dition over the existing first floor of thc single-family dwetimgeTM reason stated in disapproving the building permit i~ that tbe new construction is not permit- ted as an increase in the degree of ex- isting easterly setback nonconformance which exists at less than 15 feet, at 1~ 1:50 EM. TERRANCE and SALLY ~ g'6156. Request for Vari- Variance under Secfioti280-15,based on ances under Section 280-114, based on the Building Inspector's April 18, 200~ tbe Building Inspector's amended March Notice of Disapproval concerning addi- York 11971-0959, on T~YURSDAY. MAY 29.2008: ~Z~9:30 A,M. ~ g6166. l~quest for a Variance under Sections 2~0-122 and 280-124, based on the Build- lng'Inspector's April 10, 2008 Notice of Di~pproval, concerning an as-built addition with alterations to the exist- lng sing~-family dwelling, which is less ~ 35 ~eet from the front yard lot line, lx~ed new single-family dwalgng (with a bined side yard setbacks; and (3) the.lot gether as a single building lot. accessory garage located in a front yard, rather than the code-required rear yard, Mattituck: CTM 1000-144-5-9.1. · 2:10 EM. ~ BARBARA A. CADWALLADER ~6154. Request for Variances under Sec- tion 280424, based on the Building In- spector's January 30, 2008 Notice of Dis- approval concerning a proposed single- family dwelling, after demolition of an existing building, with a single side yard at less than the code required minimum of 10 feet, less than the required com- bined side yards of 25 feet, and less than 35 feet from the front yard lot line, at t 3000 Main Road. East Marion adjacent to Gardiners Bay; CTM 1000-31-14-1L 2i35 EM. ~ and PATRICIA CADAVID ~6168. ~equest for Variances under Sections 280-122 and 280-124, based on the Building Inspector's May 5, 2008 Notice of Disapproval and ZBA Interpretation #5039 (Walz) concerning proposed ad- ditions and alterations to the ~xiafing single-family dwelling. The reasons for disapp~oVU~ the applicant's request proposed conversion from an acces- for a building permit are that ~e new sory building to a single-family dwe~ing,. 'construction will consfitme an increase which ~ result in a proposed front yard in the degree Of ~ionconformance when setbackatlessthan50teet(fromthencw proposed with a minmium single side 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the exist- thg single-family dwelling will not meet the code-required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot cov- erage. Location of Property: ~_025 Pine ~leek Road adjacent to Jockey Creek. Southold: CTM 1000-70-6-18. 10:05 A.M. JAMES YOUNG ~6163. Location of Property: 35335 Route 25 (North Side), Orient; CTM 1000-19-2-11 existing with 87,171.7 square feet, and CTM 9.1 existing with 4923~ square · feet. Request for Variances under Sec- tions 280-12, 280-t4, 280-15, based on the Building Inspector's April 23, 2008 amended Notice of Disapproval con- cerning: (1) a proposexl lot line change be- tween Lots 11 and 9.1 will result in a reduced lot size for Lot 9.1 from 49231 square feet to 31)]02 square feet, after deducting the square footage for the fight-of-way ea~ment, instead of the code-reqUired 40,000 square feet; · (~)~ hilditinna ~ alt~ratjopS are pr6posed for the existing barn for the yard setback at less than 15 feet, and with total side y~rds at less than 35 feet. Location of Property: 1125 West Cove ~Road. Cutehogue; CTM 111-3-14. 2:45 EM. 1 d - TIAGO ~6161. Request for a Variance under Section 280-15, based on the Building Inspector's September 6! 2007 Notice of Disapproval coacermng a proposed swimming pool in a side yard rather than the code-required rear yard or coda-permitted front yard on this lot fronting along LiRle peconic Bay, at 3745 Nassau Point Road, Cutchogue~ The Board of Appeals will hear all persons, or their representatives, desir~ lng to be heard at each hearing, ~od/or desffthg to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Ydes 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 gt (631) 765-1809, or by emad: ~ Southoid.nv.us. Dated: May 9, 200~. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, ' CHAIRMAN BY LINDA KOWALSK1 54375 Main Road (Office Location) 53095 Main Road (Malhn~iJSPS) ECX Box 1179 Southold, NY 119714)959 division lin~ in this lot line change), and a single setback of less than 15 feet from the existing easterly side lot line;. (3) the prOposed in-ground swimming pool, deck and accessory pool house (Lot #1) is proposed ina front yard, rather than the code-required mar yard; (4) the new accessory pool house building is not permitted as proposed because it is deemed to be the same as a second dweftlng unit, 10:25 A.M, ROBERT swrNG ~6159. Request for Variances under Section 280~124, based on the Buiidthg Inspec- tor's March 27, 2008 Notice of Disap- proval concernIng a proposed (westerly) addition and alterations to an existing (nonconforming) dwelling with a single side yard at less than 10 fe3et, total side yards at less than 25 feet, and lot coverage exl;eedinll the code ~nitation of 20%, at 4_2~)5 Bay Shore Road (land adiacent to Shelter Island Sotmdl. Oreenoort: CTM ~ ~6160. Request for a Vari- ance under Section 280-105, based-on the Building Inspector's April 8, 2008 Notice of Disapproval concerning pro- posed tenats-cour~ fencing which will exc/~l the code limitation of four feet in height, When incated in a front yard of a residential zone, at~ (~reenm)rt: CTM 1000-38-8-1. 10:~5 A.M. 9ANIEL and PASOUAL- ]~]~/~Z~_~6165. Request for a Variance under Section 280-116B, bl~ed on the Building Inspector's Apr0 11, 2008 amended Nolice of Disapproval day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Quallflecl in Suffolk County TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER jME I~ OWNER STREET N V l LLAGE W DIST.J SUB. TYPE OF BUILDING LOT ~ AGE NEW FARM Tillable Woodland Meaclowlond House Plot Tota~j~-~ NORMAL Acre FARM DATE ~" · /,~, BUILDING CONDITION BELOW ABOVE Value Per Value Ac re COM:M: CB. MICS. Mkt. Value REMARKS £ ?~.~f Z. ~75/ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ;OLOR TRIM ~/~///~ '"/'" 83.-1-10 8/07 M. Bldg.,/ Exten,sJor~ ~ Extension/..~ Extension Porch Breezeway ~ O.B. Total 'Foundation I Besement IExt. Walls Fire Place !Type Roof j Recreation Room Dormer Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway I~inette i iLR. DR. BR. r FIN. B M. Bldg. Extension'~ Extension~2i Extension .... ~---~-m- ....... _ _~ ---._~ ~--~ ~-~~-~-:~-'-:~-- ~__ . ~ ,~.~ : t '~,] ~iF°un~ati°n 1 M. Bldg. Exten,sion~z' Extensior~..'j,:~ /~ z'/~;; ? i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel #1000-~'2, --I - AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly s~vom, depose and say thai: ~ ' n the 0_~_day of ,~/~/,~M/ Z O0,.X , I personally mailed at the United States Post Office in /~t/#/'/J/,~ ~ , New York, by CERTn~mD MAIL, P, ETuRN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to c .u~.,e.n,t o,~vnw~, shown on the current assessment roll verified from the official records on file unto me/~ Assessors, or ( ) County Real Property,Office for every properly wliich abuts and is across a public or privq,ce street, or vehicular right-of-way ofrecorcL surrounding the applicant's property. / (Signature) Sworn to before me this tC) day of ,t,'~c..)/ , 200 ~ (Notary Public) Paul Moran Notary Public, l~t~te of New York R_egistratlon # 01 MO8064319 Qulllfleg in Suffolk County My Commllllofl lxl~lres A.g. 12, 201(; PLEASE list, oll the back of this Affidavit or on a sheet of paper the lot numbers next to tile owner names and addresses for which notices were mailed. Thank you Attachment to Affidavit of Mailing Lot 9 Ocean Point Development Corp. c/o Witteveen PO Box 250 Cold Spring, NY 10516 Lots 12 and 14 Nicholas Aliano 11 Sailor Court Miller Place, NY 11764 Lot 13 John Bahmenburg Veronica Hellemann PO Box 978 Cutchogue NY 11935 Lot 17.2 Peter and Sofia Gaitanis 107 Rolling Hill Road Manhasset, NY 11030 · Complete items ~, 2, and 3. Also comp~te item 4 if Restdctbd Delivery is desired. · Print yo~¥ name and address on the reverse ~o that we can return the card to you. · Attach this card to the back of the maHpiece, or on the fro~t if space permits. 1. Article Addressed to: B. Received t D. Is delivery address different from item 1 ? If YES, enter delivery address below: [] Agent [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. []Yes 02595-02-Mo1540 · Complete items 1, 2, and 3. Also complete item 4 if Restrict'ed Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach tNs card to the back of the mailpiece, or on the froDt if space permits. ~.~ 1. Article Addres.~ed~to: 2. Article Number (Tran~s~ ~mm service label) [] Agent [] Addressee ReceivedbY(Pdnt.~l~_d_~neJ~.J. 2 ~~[1tt~1'°' f Delivery address different from item 1 ? [] Yes , address below: [] No [] Certified Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print yo~ur name and address on the reverse so that we can return the card to you. · 'Attach th. is card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signatur~ D. Is delivery address different from item 1 ? If YES, enter delivery address below: [] No Service Type F'I Certified Marl [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Total Pc~tage & Fees Sent To ~ , ~c~, ~,..z,~.. ~ ~";'"'"':'""'r//~ ...................... (Endorsement Required) Total Postage & Fe6s ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as logo- / -/D COUNTY OF SUFFOLK) STATE OF NEW YORK) MAY 2 8 ?008 BOARD OF APPEALS AFFIDAVIT OF SIGN POSTING ~g;7~.~.-~',~ff , New York, being duly sworn, depose and say that: Onthe ~',/ dayof //~&~ ,~-OJ' , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that · / I hereby confirm that the Poster has remained in place for seven day_s prior to tF/at date of the subject hemng date, which hearing date was shown to be ! Sworn to before me this day of /~ty , 200~ (Notary Public) Plul Mor~n Nota~y Public, i of New Yodc R_~glstmtloa # 0114060~43~ Qualified in Suffolk Oounty Ivly C~ommlsslon £xplres ~uGI. lZ, '~010 *near the entrance or driveway entrance of my property, as the area most visible to passersby. John Kalas 995 Glen Court Cutchogue, NY 11935 }ohnkalas¢;hotmail.co m 631-697 5272. May 24, 2008 CERTIFIED MAIL Zoning Board of Appeals 53095 Main Road Town Hall Building PO Box 1179 Southold, NY 11971-0959 · Re: Public Notices for May 29th 2008 Hearing Variance Request for 995 Glen Court, Cutchogue NY Dear ZBA: Attached are the original green return mail receipts for the above referenced Variance Request. John Kalas 995 Glen Court Cutchogue, NY 11935 iohnkalas~;,hotmail.com 631-697 5272 May 12, 2008 CERTIFIED MAIL Zoning Board of Appeals 53095 Main Road Town Hall Building PO Box 1179 Southold, NY 11971-0959 Re~ Public Notices for May 29th 2008 Hearing Variance Request for 995 Glen Court, Cutchogue NY Dear ZBA: Attached are the original white certified mail receipts and Affidavit of Mailing for the above referenced Variance Request. · Complete items 1,2; and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, Article Addressed to: B. Received D. is delivery address different from item 1 ? if YES, enter delivery address below: r"i No i Service Type i-1 Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mai[ [] C.O.D. · Restricted Delivery? (Extra Fee). [] Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt · Comptete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?o 605 Signature [] Agent X [] Addressee B. Received by ( Pdnted Name) C. Date of Delivery D. is delivery address different frornitem 17 [] Yes If YES, enter delivery address below: [-i No 3. Service Type [] Certified Mail [] Express Mail I [] Registe~l [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~ra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KALAS, J. #6166 MAP #: 83-1-10 APPEAL: Front Yard Setback Variance REQUEST: As-Built Additions/alterations DATE: THURSDAY, MAY 29, 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEAL~J~' 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 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 (flied with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providing 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 Mailinq (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. Office Location: Town Annex/First Floor, North Fork Bamk 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Addres~s: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 28, 2008 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: Appl. No. 6166 Kalas Action Requested: Setback Variance Within 500 feet of:( ) State of County Road ( X ) Waterway (Bay, Sound, 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, Enclosures Gerard P. Goehringer, Chairman By:_