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Home My WebLink About6177 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 I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E CEIyED Tel. (631) 765-1809 · Fax (631) 765-9064 ~ AUG_ 5 2008 FINDINGS, DELIBERATIONS, AND DETERMINATION~ff.:-t~._. MEETING OF JULY 24, 2008 ~th~l~ ZBA # 6177 - ROBERT AND BETSY PERKINS, Applicants PROPERTY LOCATION: 305 Old Jule Lane, Mattituck CTM 114-12-14.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 42,750 square foot parcel in the R40 District, measuring 199 feet along Old Jule Lane to the west, 225.00 ft. along the northern boundary, 225 feet along the southern boundary, and 190 feet along the eastern boundary and improved with a single family dwelling, as shown on the survey by Stanley J. Isaksen, Jr. L.S. dated December 30, 1999. BASIS OF APPLICATION: Request for Variances under Section 280-115, based on the Building Inspector's May 1, 2008 amended Notice of Disapproval, which states that accessory buildings can have a maximum height of 22 feet and a maximum area of 750 sq. ft. when building on a size between 40,000 and 59,999 square feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants seek variances to allow a proposed accessory garage at 952 square feet, and 22 feet in height, as shown on the December 30, 1999 survey, amended May 15, 2008 by Stanley J. Isaksen, Jr., licensed land surveyor and shown on the Drawing Map prepared April 21, 2008 by Donald G. Feller, Architect (also date-stamped May 15, 2008). Page 2 -Juiy 24, 2008 ZBA #6177 - Robert and Betsy Perkins, Applicants CTM 114-12-14.2 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law .q267-b(3)(b)(3)(1). Grant of a variance for the square footage of the garage, from 750 square feet to 952 square feet, would have an adverse environmental effect on the character of the neighborhood, owing to the magnitude of the proposed departure from area norms. Alternative relief allowing 800 square feet would avoid that effect. The proposed setback from the street and the size and flatness of the lot, and the existence of mature landscape screening along the property line, effectively negate any adverse effect. Grant of a variance for the height of the garage will not have an adverse effect on the character of the neighborhood. The size and flatness of the lot, and the existence of mature landscape screening along the property line will prevent an adverse effect on the neighborhood. 2. Town Law q267-b(3)(b)(2). The applicants indicated that they converted their existing garage to living space for a family member, and this was the reason for the request of a detached garage. The applicants also indicated they wanted to create a roof height similar to their home, to allow more ceiling height in the storage area on the second floor, and to match the roof configuration of the home. The benefit of a detached garage with moderate storage space on the second floor can be achieved by constructing a smaller garage. The size of the lot allows the applicant to create additional storage to build a separate accessory structure. 3. Town Law ~267-b(3)(b)(3). The proposed variance for increase in square footage of the garage is substantial. It would amount to an increase of 33%. A height variance of three (3) feet, amounting to 12%, is not substantial. 4. Town Law ~267-b(3)(b)(5). The need for a variance with respect to both the size and height of the garage has been self-created. 5. Town Law ~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage on their property, 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 Simon, seconded Page 3 - July 24, 2008 ZBA #6177 -Robert and Betsy Perkins, Applicants CTM 114-12-14.2 by Member Weisman, and duly carried, to GRANT the variance for a garage for the increased height at a maximum of 25 feet, and to DENY the variance for an increase of the ground area of the garage from the 750 square feet maximum permitted by code, to 952 square feet, and in the ALTERNATIVE, to GRANT a variance for a garage to 800 square feet (maximum), subject to the following conditions: 1. This building shall only contain the interior utility of electricity, in addition to interior plumbing for a half bath, and no heat. 2. This building shall not be used for habitable purposes. ~iOtn~ziC~ tahbestBaiOne~:froA)ine;:otMe~t~SRGesO~dr (Ch_~~/Si~~n. Member ~fGoro~r~nngger, ~hairn~an ~/ /2008 __ I~AY 1 5 BOARD OF APPEALS ]~ 1'9 NEW SUFFOLK AVE. R-- 25.00'/~ I L= JS.J_~o~ II LOT 1 RESIDENCE S 82' 27' 20"E STAKE 74 9' 74.9' SET STAKE fl ~ F FRAME ~ RES. GARAGE 26 J' S 82' 27' 20"E LOT ~ CELLAR EN~ HOUSE UNDER CONS TRUC TION 225. 00' 225. 00' SURVEY OF LOT 2 MAP OF HENRY APPEL MA TT/TUCK, TOWN OF SOUTHOLD SUFFOLK COUNTY, N. K SURVEYED FOR R/CHARD PERK/NS BETSY A. PERK/NS TM 1000-114-12-14.2 SURVEYED JO DEC, 1999 SCALE 1"=40' AREA= 4~750 SF OR 0.981ACRES ZONED R40 ELEVA~ONS ARE IN ASUMED DATUM "OPEN SPACE" VACANT LAND GUARANTEED TO RICHARD PERKINS BETSY A. PERKINS FIDELITY NAtiONAL TITLE INS CO TOWN OF SOUTHOLD AREAS OF EX/StiNG STRUCTURE AND PROPOSED OAR6E ARE AS EOLLOWS. TFIT4L LOT AREA' AREA OF RESIDENCE TO INCLUDE PORCH AND CELLAR ENTRANCE AREA OF PROPOSED GARAGE 42, 750 S F 2,14Z S.F. 952 S.F. TOTAL ALL IMPROVEMENTS TOTAL LOT AREA 5,095 5.£ 42,750 S.F. PERCENTAGE OF lOT COVERAGE = 0.07105 X 10. FINAL MAP b Z_AA ~g b/~-l~lON # /g,7 7 DATED 07 I, /~ L~OaaD OFFA~PEALS SURVEYED BY STANLEY d. ISAKSEN, J~,, P.O. B, OX 294 NEW/L/F-FOLK, NY / NYS ~IC. NO?4927J 99C860 TO: R & B Perkins 305 Ole Jule La Mattituck, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL M A;~4 5 BOARD OF APPEALS DATE: March 19, 2008 *Amended: May 1, 2008 Please take notice that your application dated March 5, 2008 For a permit for an accessory garage at Location of property: 305 Ole Jule La., Mattituck, NY County Tax Map No. 1000 - Section 114 Block 12 Lot 14.2 Is returned herewith and disapproved on the following grounds: The construction of an accessory garage, is not permitted pursuant to Article III, 280-15 which states: "In the AC... districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to the following requirements:" On lots between 40,000 & 59,999 the maximum height is 22'. The proposed construction drawing indicates a height of 25'. Such buildings.., shall not exceed 750 sq. ft. on lots between 20,000 & 60,000 sq. ft. The proposed accessory garage measures 952sq. ft. (28' X 34'). / >~- ~ ~, qz¢/~_ Authorized Signature Amended due to new plans submitted 5/01/08 TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 19, 2008 R & B Perkins 305 Ole Jule Lane Mattituck, NY 11952 Please take notice that your application dated March 5, 2008 For a permit for an accessory garage at Location of property: 305 Ole Jule Lane, Mattituck, NY County Tax Map No. 1000 - Section 114 Block 12 Lot 14.2 Is returned herewith and disapproved on the following grounds: The construction of an accessory garage, is not permitted pursuant to Article III, 280-15 which states: "In the AC... districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to the following requirements:" On lots between 40,000 & 59,999 the maximum height is 22'. The proposed construction drawing indicates a height of 24'. Such buildings.., shall not exceed 750 sq. fl. on lots 20,000 sq. fl. to 60,000 sq. fl. The proposed accessory garage measures 1050 sq. fL ( 30' X 35' ). Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD ...... " ......... " House No. 305 Street Old Jule Lane Hamlet Mattituck SCTM 1000 Section 114 Block 12 Lot(s) 12.2 Lot Size .98 Zone r-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3/19/08 amended 5/1/08 BASED ON MAP DATED plans by Feiler 4/21/08 Applicant(s)/Owner(s): Richard & Betsey Perkins /0.~ Mailing Address: 305 Ole Jule Lane~ Mattituck NY 11952 Telephone: 298-5160 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP (Plans) DATED 4/21/08 and DEN1ED AN APPLICATION DATED ~! tLOV FOR: ~, Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Constrnction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Ill Section 280- 15 Subsection__ Type o{Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~ has not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Z] Richard & Betse¥ Perkins REASONS FOR APPEAL (additional sheets may be used with preparer's signa AREA VARIANCE REASONS: BOARD QF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing garage was converted to living space. The proposed garage will give the owner space for two family vehicles (truck), storage, lawn mower, children's bikes and sports equipment . The proposed garage was set back from the road and 28' in width to keep it visually nonintrusive. The additional square footage gives the growing family room and leaves space for Mr. Perkin's accumulated household tools. The original garage space (attached to the house) was inadequate for the family's needs and the proposed garage leaves room to store household possessions and fit two cars. (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 proposed garage is detached to provide light to the house. The additional square footage is added to the depth of the garage to avoid appearing larger. The slope and height of the roof is conforming. The family has the standard equipment, lawn mower, snow blower, two vehicles, household tools and children's bikes and sport equipment. To avoid proliferation of sheds, the garage will store all the families personal possessions. (3) The amount of relief requested is not substantial because: The garage is only 202 square feet over the permissible square footage. The additional square footage was added to the back of the garage to mitigate visual impacts. The rear of the property is "open space" and provides a permanent buffer for this property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No environmental issues are applicable. The proposed garage is proportionate to the size of the property. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No. The garage replaces the existing garage and provides for the needs of this growing family. Are there Covenants and Restrictions concerning this land: No. E. Yes (please furnish copF). regarding open space behind the house. 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 R/E~STED, A/3~D~PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~re ~ consult yq4tr a~orney.) Si~ature of ~p}~l~ant or Authorized ~ent (?y~ent must ~bmit written Authorization from Owner) / 6'r-H / Sworn to before me this '-- '~ Noi~ry P[~l~lic MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Countl/ . . ~:~Itmi~ion F. xpire~ June 3. d,,~Q ,I I DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY ExEcuTIVE June 24, 2008 THOMAS ISLES, Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 ShipmarffSharnrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodamhuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY S/sTheodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 {631) 853-5191 TELECOPIER (631) 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 May 16, 2008 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) Southo~, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6177 Action Requested: Within 500 feet of: Owner/Applicant: PERKINS Excessive height & size (garage) ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman TOWN OF SOUTHOLD BUILDING DEPARTMENT I'OWN HALL . ' SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Exmnined ,20__ Approved _, 20__ Disapproveda/c ~!!o~!~ ~ Expiration 20__ PERMIT NO. APPLICATION CHECKLIST 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 Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a: This.applic~.iibn MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets 61~lSla'~s, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEKEBY MADE to the Building Department for the issuance of a Building Permit pursumat to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regnlations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in bnilding for necessary inspections. // r ~ (S{gnature of applicant or name, if a corporation) (Mailing address of applicant) M,_.~ [(~ ~._ ~tate whether applican~owner~ssee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises t(--A (~ '(.L,;d ' F' {C-4rk3 ax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plmnbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number S~reet Hamlet County Tax Map No. 1000 Section Subdivision \~-r~*o' fL,ex (Name) Block ~ Filed Map No. 2. State existing use and ~ a. Existing use and occupancy b. Intended use and occupancy premises and intended use and occupancy of proposed construction: 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars ~ Addition Other Work Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear ~ Height Number of Stories ' Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size of lot: Front Rear _Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated i 2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? 'FES __ NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. ; ;i. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ~'oc, qcqx4--) \~"~-~ ~)~ (t-~L(._ t ~ being duly sworn, deposes and says that (s)he is the applicant (Name of irClCvidual sigaing contract) above named, (S)Heisthe C~_xD r~ ~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have )erformed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be perforrned in the manner set forth in the application filed therewith. S~or~to before me this ~:~' r_:.- day of ~c,5.(;A,.-- 20 ( o Notary Public MARGARET C. RUTKOWSKI Notary Public. State of New York No. 4982528 Qualified_in Suffo!k Count_ _ Commissio~ I~xl:~res ,June 3, ~¢.f~ ,"" ' ;of Applicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTME~ Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33513 Z Date NOVEMBER 5, 2007 Permission is hereby granted to: RICHARD & BETSY PERKINS 305 OLE JULE LA MATTITUCK,NY 11952 for : GARAGE ALTERATION TO HABITABLE SPACE AS APPLIED FOR. at premises located at County Tax Map No. 473889 Section 114 pursuant to application dated OCTOBER Building Inspector to expire on MAY 305 OLE JULE LA MATTITUCK Block 0012 Lot No. 014.002 24, 2007 and approved by the 5, 2009. Fee $ 200.00 Authorized Signature Rev. 5/8/02 COPY IST 000 EC 14.o0 LK 2.00 OT 14.001 DECLARATION OF COVENANTS AND RESTRI( PIONS DECLARATION made this C~3 , day of by HENRY E. APPEL, residing at 65-45 Myrtle Avenue, Glendale, New York, WILLIAM J. KLUENDER, residing at 64-06 Myrtle Avenue, Glendale, New York, and FRANCIS J. VAN MANEN, residing at 581 Ridgewood, New York, hereinafter referred to as Onderdonk Avenue, "Declarants" . W I T N E S S E T H : WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Ma ttitucK, Town of Southold, County of Suffolk and State of New York, containing 15.3573 acres, and designated on the Suffolk County Tax Map as District 1000, Section 114, Block 12 Lot 14; being the same premises conveyed to Declarant by deed dated July 20, 1970, recorded in the Suffolk County Clerk's Office on January 16, 1973, in Liber 7325, page 23, and referred to herein as the "premises". WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptancexof a deed 1124q? thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS The following words when used in this Declaration or any supplement(s) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II), together with the appurtenances thereto, any and all improvements thereon, or any portion thereof, as well as to any of the Lots contained therein. (b) "Lot" shall mean and refer to any and each of the pieces of parcels of land numbered 1 through 7, inclusive, as shown on the Subdivision Map referred to in Article II hereof, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Map. (c) "Developers" shall mean and refer to Henry E.Appel, William J. Kluender and Francis J. Van Ma nen, their successors and assigns. (d) "Lot Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to an unsold Lot. Every record owner shall be treated for all purposes as a single owner for each Lot held, irrespective or whether such ownership is held jointly, in common or by the entirety. Where such record ownership of any Lot is jointly, in common, or tenancy by the entirety, the majority vole of such owners shall be necessary to cast any vote to which such Lot Owner is entitled. Any one Lot Owner owning two or more Lots shall be treated as a separate Lot Owner for each Lot held for purposes of any approval, voting or majority requirements herein. (e) As used herein, "Homeowners Association" shall refer to an association, corporation or organization of Lot Owners which shall be formed by the Developer, subsequent to the sale of 51% of the lots, and which provides for the administration and maintenance of the open space. All decisions of any such Association shall be made by at least a majority of Owner-Members in good standing. The purpose of such Association shall be the preservation of comr~lnity appearance, standards and values, the enforcement of these Covenants and Restrictions, and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Lot Owners. (f) "Open Space" shall mean the 7.8504 acres as shown on the subdivision map, dated October 16, 1989. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being lots numbered 1 through 7, inclusive, and such land designated as open space as designated on a certain map entitled "Map of Henry Appel", prepared by Young and Young, surveyors, heretofore approved or about to be approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's office. ARTICLE III - USE OF PROPERTY (a) No lot shall be improved or have placed or maintained thereon any dwelling other than a single family dwelling, not to exceed two stories in height. No dwelling shall be created having less than 1,600 square feet of interior living area. A two story dwelling shall contain a first floor area of not less than 1000 square feet exclusive of detached garage, open breezeways, patios, terraces or basement. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall be side with natural materials sidings will be permitted. either attached or detached only, no vinyl, asbestos or synthetic Each dwelling shall have a garage, foe not more than three automobiles with an asphalt or bluestone driveway extending therefrom to the street payment line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. (b) No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. (c) No building or structure shall be erected on any lot until the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, by the _eclarants. There shall be no alteration to the exterior of any dwelling or structure except in accordance with the plans and specifications which have received the prior written approval of 11244P 4 the Declarants or their successors or assigns. Ail dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants or their successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarants, their successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants, their successors or assigns, -hall neither approve or disapprove the plans and specifications wfthin 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. (d) No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the practice of medicine, dentistry, law and architecture, providing the profession does not exceed the licensed practitioner and one assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. (e) No signs other than one identifying the owner's name and n~ber of the house or professional sign shall be erected on the premises. Permissible signs shall not exceed 10 inches by 0 inches, comprised of a white field with black letters or a black field with gold letters. Thus restriction shall no~ prohibit the Declarants, their successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. (f) All debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises. The grounds of each ±or shall at all times be reasonably well maintained. (g) All exterior construction, including roof, exterior walls, painting, windows, door and landscaping shall be completed within one (1) year from the date construction commences. (h) No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. (i) No fences, either natural or man-made, shall be grown or erected in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have its front yard facing the subdivision road. (j) No more than two domestic pets shall be maintained on the premises by any lot owner. (k) Exterior clothes lines lot. shall not be installed on any (1) No title in and to the bed of the road is to be 11244Pi: conveyed to the lot purchasers. The Declarants retain the said title and the right to dedicate and convey the said title to the Town of Southold. However, the land in the bed of the streets shown on said map'shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of. or above or below the ground. (m) No nuisance of any kind, including excessively barking dogs or any use or practice which is a source of annoyance to residents and which interferes with the peaceful possession and proper use of the premises by its residents shall be permitted. (n) Only permanent swimming pools shall be allowed and shall be constructed in such a manner that the top of the swimming pool'does not extend beyond six inches above the finished grade. (o) No satellite dishes or antennas or aerials shall be placed, erected or located on the lot or on the structures erected on the lot un~ess its location, screening, construction, height and aesthetics are approved by Developer or by the Homeowners Association. (p) In order to preserve its scenic and natural beauty, no owner or member of his family or his agent or assigns or other person shall remove, cause to be removed or allow to be removed, without the Developer's permission (or that of the Homeowners Association,), from any part of the ~roperty not designated as required b~lding area, any tree which has a diameter of four inches or greater (measured twelve inches above natural grade) to the end that all large trees not located within required b~ilding areas of the various lots remain intact throughout the Property. In addition to the foregoing, any all landscaping to the Property shall conform in appearance and aesthetics with the surrounding neighborhood. ARTICLE IV - OPEN SPACE It is the intention of the Declarants that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on 'that portion of the premises designated as open space on the subdivision map, to wit: (a) No structures shall be erected ur placed in or on any open space. (b) No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. (c) No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such other removal of vegetation as may be required for the proper natural preservation thereof. (d) Subject to the foregoing provisions of this Article, the open space shall be used solely for drainage and recreational use of lot owners and their guests. (e) The use of the open space shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarants, or their successors and assigns, and/or by the Homeowners Association. ARTICLE V - GENERAL PROVISIONS (a) Beneficiaries of Easements, Rights and Privileges - The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to the Developers, the Homeowners Associations, the Lot Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and any Lot Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. (b) Duration and Amendment - The Covenants and Restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developers, any of the Lot Owners and their respective heirs, executors and administrators, legal representatives, ~uccessors and assigns, and/or the Homeowners Association. Except for provisions contained herein regarding Developer's obligations to form a Homeowners Association, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these Covenants and Restrictions and no person shall have a cause of action against the ~veloper for their alleged failure to so supervise or enforce. (c) Limit to Developers' Obligations - Notwithstanding any provisions herein to the contrary, the Developers shall have no .further obligations, duties or responsibilities pursuant to or res~ting from this Declaration subsequent to the formation of a Homeowners Association. (d) Severability - Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof, and the same shall continue in f~l force and effect. IN WITNESS WHEREOF, the Declarants have d~y executed this Declaration on the day and ~ear first above written. HENRY E. APPEL WILLIAM J. KLUENDER FRANCIS J. VAN MANEN APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas ] Please describe areas being removed: ~J~ /~ ' ~, OP RPPKAL~ ~OA~-D ~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~- ~< 2.~_' ~ ~ q'2. ~ ~- Dimensions of new second floor: ~/A .- Dimensions of floor above second level: Height (from finished ground to top of ridge): o~t I~ C/-<~k~ ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ~ ~t ,~ ~ ta~ ~o lI1. Proposed Construction Description (Alterations or Structural Changes) (aUach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: M 'Z-. ~q-(-> Percentage of coverage of your lot b~ bfiilding area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 State Environmental QL allty Review SHORT ENVIRONMENTAL ~SSESS~IrF~RM ,PART I--PROJECT INFORMATION ~o be completed by Applicant or Project sp~ I ~'PPLICANT/SP NSOR3. PROJECT'~ ~:L~ATION;~ ¢~ ~ 1~ 2. ~0JECT NAME APPEALS WVNATAT IS PR~ENT ~NO USE IN Vl~N~ OF PR~E~? ~flesieentla~ ~ tndust~l ~ ~m~al ~ Ag~culture ~ ~n SP~* ~ Other STATE OR LOCAl? If the action Is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) [=~ DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 4'~ If yeS. coordinate I~e rewew process ant use the FULL EAF ~*~TION R E-'~'E'"~'V[V F. COORDINATED eEV[EW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PA RT 6~ 7.§~ If NO, a negabve ceptaral~o~ D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT CF A CEA? --~ Yes [] No E. I$ THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~--~ Yes [] NO if Yes, explain briefly PART Ill--DETERMINATiON OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identilied above, determine whether il ~s substantial, large, imbortant or otherwise significant. Eaci~ effect should be assessed in connection with Its (e) setting (i.e. urban or rural); (b) probability of occurring; (c) duralion; (d) irreversibility; (e) geograDhic scone; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exDlanations contain suificient detail to sBow that ail relevant adverse impacts have been identifiecl and aclequately addressed, if- - question D of parl II was checked yes, the deferroination and significance must evaluate the potential, impact o{ the proposed action on the environmental characteristics of the CEA. [] Check tills bOX if you have identified one or more potentIally large or significant adverse im'~?cts wt~ich MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive decJaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting tl3is determination: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the 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: RICHARD & BETSY PERKINS (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 ..~ Special Exception If"Other', name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other EO?,3D OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES ~'~ NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: RICHARD PERKINS Title or position of that person: POLICE SERGEANT 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 ATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: PERKINS PROPERTY ADDRESS: 305 OLE JULE LANE, MATTITUCK SCTM: 1000-114-12-14.2 Dear Neighbor: I represent Rich & Betsy Perkins with regard to their property located at 305 Ole Jule Lane, Mattituck, New York 11952. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for proposed accessory garage which will exceed the code limitation of 22 feet in height maximum and exceed the code limitation of 750 square feet maximum on a lot measuring 42,750 square feet in size. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, JUNE 26, 2008 AT 11:00 A.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/~ encl~. C: Mr. & Mrs. Richard Perkins Ve ,~uly yours, Pa~t r 1 C '~.~/ ( ~~ APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http:Hsoutholdtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 4, 2008 By Regular Mail and Fax Transmission 765-4643 Mr. and Mrs. Robert Perkins c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File No. 6177 - Variance Application for Garage (R. and B. Perkins) Dear Mr. and ~r~. P~l~ins and Ms.~M~re: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the guly 24, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents they may require in the next step of the code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, "~I~nda Kowarski Encl. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 19, 2008 Zoning Appeal No 6177 Transmitted herewith is Zoning Appeals No 6177 Richard & Betse¥ Perkins- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Transactional Disclosure Form, Declaration of Covenants and Restrictions, Short Environmental Assessment Form, Building Permit for Garage Alteration to Habitable Space as Applied for, Copy of Floor Plans for Garage, Application for Building Permit with Disapproval, Notice of Disapproval, Two Sided Property Record Card, Copy of Survey of Property Showing Proposed Garage Prepared by Stanley J. Isaksen, Jr. Land Surveyor, Floor Plans Showing Elevations Prepared by Donald G. Feiler, Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/16/08 ZBA # NAME CHECK # AMOUNT ,,,~.A,'r..E.~TAMP 6177 PERKINS, Richard & 125 $600.00 I~,¥ 1 6 2008 Betsey South ~ld Town Clerk $600.00 By__ Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/16/08 * * * RECEIPT * * * Receipt~: 18836 Transaction(s): 1 1 Application Fees Reference Subtotal 6177 $600.00 Check#:125 Total Paid: $600.00 Name: Perkins, Richard & Betsey 305 Ole Jule Lane Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6177 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fi~t Fleor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 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, JUNE 26~ 2008: 11:00 A.M. RICHARD and BETSY PERKINS #6177. Requests for Variances under Section 280- 15, based on the Building Inspector's amended May 1, 2008 Notice of Disapproval concerning a proposed accessory garage which will: (1) exceed the code limitation of 22 feet in height maximum, and (2) exceed the code limitation of 750 square feet maximum on a lot measuring 42,750 square feet in size. Location of Property: 305 Ole Jule Lane, Mattituck; CTM 114-12- 14.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski~,,Town. Southold.n¥.us. Dated: May 30, 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 COUNTY Of SUFFO~LK) Karen Kine of Mattitubk, in said county, being duly sworn, says that Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5th day of June, 2008. Principal Clerk Sworn to before me this L(~ day of L~J~(~__ 2008 of 20 fe~l. ~atio~ of ~oper~y: 2~5 feet ~om the ~ont 1o~ ~e,a' 36~ Deep ~ ~ ~ ~ ] ~ ] ~ (a/~a GreenbfiarAcres Subdivision Lot ~c Board of Appeals will hear all 2008 Nohc¢ of Disapproval c~,ncetning proposed construction of two buildings, with retail, offxce and bank space ih the -B.General Business Zone Disllict The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET -~)O.~ VILLAGE DIST. S~B. LOT ~& ACR.. q~ REMARKS ~ ' ' TYPE OF BLD. LAND IMP. TOTAL DATE ................. FRONTAGE ON WATER TILLAB~ FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL 114-12-14.2 02/02 COLOR TRIM M. Bldg. ,/z/s..2?z_- .~ 11,0~, jTS'o ~:~ Foundation Pc c. Bat. / Extensi~'n ~ ~y /~ = 5~ M~ FULL I ~ , Basement CRAWL Floors ~5~.- SEA8 t ~.'~/ Kit. Extension ~ ~: ........ / ~ ~ / ~' ~ / ?o (o~ Ext. Walls Interior Finish L.R. Extension ~11-- Fire Place ~ Heat D... ~ .~ < - Woodstove BR. ~orqbi~J 7~/ = IgT~ Dormer ::'~- ~7= JS~/ '~ /~ Fin. B. Deck Attic ~reezeway ~ L~ ~q Rooms 1st Floor ~arage , ~'00 I3~ :..~.,~, ~?g'~ /~.~ ~ ~ ~ Driveway Rooms 2nd Floor D.B.. ~ool ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of RICHARD & BETSY PERKINS (Name of Applicant) SCTM Parcel #1000-114-12-14.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~' day of June, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. /(BSig natu r~)~/ ETSY PERKINS Sworn to before me this O~-day (Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 486166~,, _ Commission Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. THOMAS LUDLOW 105 OLE JULE LANE MATTITUCK NY 11952 SCTM: 1000-114-12-14.1 PERKINS NEIGHBOR LIST SCTM: 1000-114-12-14.2 WM. MEYERS 400 OLE JULE LANE MATTITUCK NY 11952 SCTM: 1000-114-12-13.1 JOHN & PATRICIA PERINO 475 OLE JULE LANE MATTITUCK NY 11952 SCTM: 1000-114-12-14.3 WM. BRANDT 80 OLE JULE LANE MATTITUCK NY 11952 SCTM: 1000-114-12-18 OLE JULE LANE HCA WM J. KUENDER 64-06 MYRTLE AVE. GLENDALE NY 11385 SCTM: 1000-144-12-14.6 RECEIPT 7192 6463 3110 0O00 1406 FROM: Pa~ricla C Moore RE: PERKINS ZBA SEND TO: ' MATTITUCK NY 11~52' FEEs:, 'i.~ TOTAL $~ POSTMARK OR DATE RECEIPT 7192 64~3 3110 0000 1369 FROM: Patricia C. MOOre Esq RE: PERKINS ZBA SEND TO: '~ ~ 105 OLE JU ,I~I[~NI~ U3 ', FEES: · ~_- TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 71~,2 c:~i~3 3110 ocoo 1376 FROM: 8END TO:j. 475 OLE JULE ~N FEES: TOTAL $ 5.32 pOSTMARK OR DATE RECEIPT 7192 64~3 3110 coo01383 FROM: Patdcia C. Moore Esq RECEIPT 7192 64~3 3110 00(301390 FROM: Patricia C Moore Esq SEND TO: TOTAL $ 5.32- POSTMARK OR DATE ZONING BOARI~' OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of RICHARD & BETSY PERKINS Regarding Posting of Sign Upon Applicant's Land Identified as 1000-114-12-14.2 IGN POSTING ~,JUN 2 .~ ~o BOAF, D ' COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at 305 Ole Jule Lane, Mattituck, New York 11952, being duly sworn, depose and say that: On the ~ day of June, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 26, 2008. etsy Perk ( / Sworn to before me this ~ L/TN' day of June, 2008 Nota~ry Public MARGARET C. RUTKOWSKI Notary Public, State o! New York No. 4982528 Quali~ed In Suffolk County .... C, om. nlission Explre~ June ~), ~.b',/~ *near the entrance oranveway entrance of the property, as the area most visible to passersby. :1 PATRICIA C. MOORt SQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: ([3Addressee or D~ent) 7F--- Date of D.liver~ ~.ll~]O K -I :1 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD sOUTHOLD NY 11971 7192 6463 3110 0000 1369 t. Article Addressed To: THOMAS LUDLOW 105 OLE JULE LANE MATTITUCK NY 11952 (ExtraPee) Yes CERTIFIED 7192 6463 3110 0000 1406 7192 6463 3110 0000 1406 1, Article Addressed To: WM- BRANDT 80 OLE JULE LANE MATTITUCK NY 11952 Article Number 7192 6463 3110 0000 1390 IIIIII I!1/IIII IlllllllllllllllllllllJl 7192 6463 3110 0000 1390 WM- MEYERS 400 OLE JULE LANE MATTITUCK NY 11952 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME PERKINS, R. & B. #6177 MAP # 114-12-14.2 VARIANCES Exceeds Height & Size REQUEST Accessory Garage DATE: THURS. JUNE 26, 11:00 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 OZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.not~hfork.net May 30,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 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 June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._Jl 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later tha~ June 9th: 'Please eit'her 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 June 16th: 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 June 26, 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. FOR ~07JRt- ~" 2. ROUGH - FRAM',,"iG & pLUMBING $. iNSULATION ~,,~.,,~aa~,~: --r',~,~,,~"~'- ,,b~--~x~,-~,,~m- 4. FINAL- CO~Ut, T~----.~-~- .UST ~ . . DESIGN OR :1 CERT,'F-/CA TION )COI,7?EI' ;£FORE 'ER ' SYSTEM £A,",INOT ~2,/10 OF 1% LEAD· OF OOCUP¢ 4 COUNTY OF SUFFOLK (~) I~ ~°,~'1 .... SOUTHOLD Red Property Tax Service A~ncy j ~ j,,,( ,,, ~ q,,,j ~ ~ SECT)ON NO