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APPEALS BOARD 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) 765-9064So~o'~C~rk' ~' ' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 17, 2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY I 1971 RE,CEIVED ou' 72008 ;h S ZB File No. 6172 - MAUREEN HIGGINS, Applicant Property Location: 1500 Bay Shore Road, Greenport CTM 53-4-32.1 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 June 24, 2008 stating that this application is considered a matter for local determination. PROPERTY FACTS/DESCRIPTION: The applicant's property is a lot containing 11,250 square feet and 90 feet along Bayshore Road and depth of 125 feet. The lot is nonconforming in this R-40 Residential Zone District and is improved by an existing 2% story, single-family dwelling and accessory frame garage, as shown on the March 24, 2008 survey, updated May 7, 2008 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Zoning Code Sections 280-122 and 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval and ZBA Code Interpretation #5039 (Application by R. Walz), concerning revocation of BP #30548-Z and an application for a building permit to alter the existing single-family dwelling and to convert the carport into living space, for the reason that the construction will constitute an increase in the degree of front yard setback nonconformance. 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 are requesting relief pertaining to alterations to the existing dwelling and converting an existing carport into living space, as shown on Drawings 1 and 2, prepared by Robert Bassolino, Architect last dated 3-11-08. Page 2 -July 17, 2008 ZBA # 6172 - Application by Maureen Higgins CTM 53-4-32.1 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 applicant wishes to convert the existing carport into a covered porch, 17.5 feet by 9.5 feet maintaining the same footprint as the existing carport. Applicant also needs to legalize the deck which will also retain the same footprint of 12.4 feet by 24.4 feet. Although the required front yard setback is 35 feet, the applicants front yard setback is 25 feet and after construction will remain 25 feet. 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. The applicant has increased his degree of non-conformance by changing the carport to a covered porch although keeping the same footprint. The deck was never legalized because it did not meet the front yard setback of 35 feet. The front yard setback to the deck is 25 feet, and will remain at 25 feet (ref. survey dated May 7, 2008). 3. Town Law §267-b(3)(b)(3): The variance requested herein is not substantial because it retains the same setbacks as the original plot plans. 4. Town Law §267-b(3)(b)(5). The difficulty is self-created, inasmuch as the applicant did not apply for renewal of their building permit, although the deck was existing and built under a building permit in this nonconforming setback location. With respect to the carport, the difficulty is not self-created, inasmuch as the carport has been in existence for many years in this nonconforming setback location. 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. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, 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 Chairman Goehringer, and duly carried, to Grant the relief requested as shown on the 3-11-08 Drawings I and 2, and 3-11-08 site/ plot plan prepared by Robert Bassolino, Architect. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 - July 17, 2008 ZBA # 6172 -Application by Maureen Higgins CTM 53-4-32.1 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 nonconformitv. Vote of the Board: Ayes: Members G°e~.)~---I~zi~o~Oliva, Simon, and Weisman. This Resolution was duly ad?Pied ..... (5-0).~ ./~ard P. Goehringer, Chairma!~ 7/7~/2008 ~'~ Approved for Filing N AREA=Il,250 SO. FT. LOT NUMBERS REFER TO :AMENDED MAP A, PECONIC BAY ESTATES" F/LED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MAY 19, 1935 AS FILE NO. 1124. ANY ALTEiRANON OR ADD/NON TO THIS SURVEY IS A t4OLANON OF SEC770N 72090F THE NEW TOOK STALE EDUCANON LA~. EXCEPT AS PER SECNON 7209-SUBDIt4SION 2. ALL CERNFICA NONS HEREON ARE VALID FOO THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OO COPIES BEAR THE IMPRESSED SEAL OF THE SURPEYOR WHOSE ~IGNA TURE APPEARS HEREON. MAY 1 2 BOAP, g OF APPEALS FINAL MAP REVIEWED BY ZBA lSEE DECISION # DATED Oq I.../...~. I ~£, P.O. BOX 909 · =PIPE 1250 IRA VELER STREET I SOUT OLD, ~.× 11971J 08--119 ~J A 41 , I 1 '0 ,t 1I , ll, I I ~1 .... ~'E ~ T 'l~--- t~_ _ FINAl. MAP --.~e~-~ ¢~"~'~ ' ~ REVIEWED" ' BY ZBA - -~-,-~'-'--'-'-"-*---" ~~ ~ ~ x c::,~"T ~,,,, L. ~ ~'~" .' I~ORMN 3 ~ '~ ' ~.~ 'k t~¢~ NOTICE OF DISAPPROVAL TO: Robert G. Bassflino (Higgins) 28-55 214m Place, Bayside, NY 11360 Please take notice that your application dated March 11, 2008 For permit to make alterations to an existing single family dwelling, converting an existing carport into living space and for renewal of building permit #30584Z at Location of property: 1500 Bay Shore Road, Greenport, NY County Tax Map No. 1000 - Section 5_~3 Block 4 Lot 32.1 Is retumed herewith and disapproved on the following grounds: The proposed carport conversion, on a non-conforming 11,326 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." The existing single family dwelling notes a front yard setback of 26.5 feet, the proposed alteration will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Therefore, the proposed alteration is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less 20,000 square feet in total size, require a minimum front yard setback of 35 feet. In addition, the renewal of building permit #30584Z is not permitted pursuant to Chapter 144-12, "Revocation of a Building Permit." which states, "B. Where he finds that the building permit was issued in error..." The building department has not renewed this building permit for construction of a new deck addition (construction completed), because it is also noted as being 26.5 feet from the front property line. This Notice of Disapproval is based on plans and a plot plant dated 2/24/8~ by Robert Bassolino~ architect. ! A~ed ~i~a~t~e Note to Applicant: Any change or deviation to the above referenced applieation, may require further review by the $onthold Town Bnilding Department. CC: file, Z.B.A. APPLICATIONO THE S£ ~ IPPEALS Fee $ ~' ~), "Filed , i ForO~ ~ceUse~O"n~yy'~' ~1 ] ~//'.~/~/[ By:~ Date assigne~Assignment No. ~ MAY 2 HouseNo.]~OO Street~,~."f~:~l~EE i~o~,t> Hamlet SCTM1000Sectlo~l~3. Blocl~O°Lot(s) 32.I LotSizell, ~ ~- Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED t'~"(i~.~; ~ ~ BASED ON MAP DATED ~_~ ~? 2.~ ~ Applicant(s)/Owner(s): /M/~ ~ ~-q ~ ~ ~ ~ i 14 ~ MailingAddress: /~(- o~ ~.~ Tt-t ~,x/~.z p.~o-r' A ; ,~.U/bOg~tq ~$~.t_.~: I....i"t' Telephone: 7t~ -4M.~-~c~o~ Fax #: Email: NOTE: In addition to the abovg, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract velldee~ etc. and name of person who agent represents: NameofRepresentative::lZo~::~T~p~.~-~a:~t-l~o~ F-~ for(X) Owner, or ( )Other: Telephone Tlt~-~L~-~ ~&,l Fax#:'T t~-r~Z~-~tt~l Email:Jo~5~ tZ~q ~'fgat4x~o,c~x Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s), or ,~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 2 - 2~ 't:~ $ and DENIED AN APPLICATION DATED ~--~ ~.~2, ~> FOR: )~Building Permit ~: [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use 'li~Permit for As-Built Construction,,~-?mv'a~¢~-c~:>?4 13Other: 3 o~ 4c~ C ~-'~. ~,c.~ Provision of the Zoning (~rdinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleX~ I I ~ Section 280- I q-~[ · I ~- 4c Subsection · Type of Appeal. An Appeal is made for: .I~A Variance to the Zoning Code or Zoning Map. 13 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 appealed'has, rLhas not been made at any time with respect to this propert¥~ UNDER Appeal No~54T/ Year.~___. (Please be sure to research before completing this question or call our office for assistance.) NameofOwner: ~,t~l~.~ ~rL(~/-.l,t~x 5 ZBAee# REASONS FOR APPEAL (additional sheets mai: be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ,~,,t-l~._ ,,~t--t.. ~ i~__'-c'ir~ll~ (3) The amount of relief requested is not substantial because: TI41~ -'C'a~T/..~_. at:,.~l:t~_..t~t:: ,~F: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: -~'~{E. (5) Has the alleged difficulty been self-created? [:~)Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [3 Yes (~lease furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) t o gent (Agent must ~ubmit written Authorization from Owner) ,l~lb.efo~e. me this Oq~'~ Sworn Nota~ Publi~/ ~~ ~t&~ t ~ ~M~ YONG PARK Notary Public, State of New York No. 01 PA4877583 Qualified in Queens County Commission Expire Nov. 17, 2010 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 I JUL - 2- / / ZO~J~I,.,R E,.C_TOR OF PLANNING 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 C arley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 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 S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE D[NNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · {631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 T[LECOPIER 1631) 853 4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N~ 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Exmnined ,20 Approved ,20__ Disapproved a/c Expiration ,20 PERMIT NO. BUILD1NG PEI~T 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: ~-.d> ~:,~--~ ~-,-[' Ma. to: 5 Phone: '7 /~:'- Z Z,~'~[/,~.~/ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20o~5 '--'i~:-Tfii~'application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /, (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~"2~ ~.0 ~ (As on the tax roll or latest deed) If applicmnt is a corporation, signature of duly attthorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electr/cians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section~>~ ~c~c5> Subdivision Block O 4..,:9 c~ Lot ~ ~-- / Filed Map No. Lot (Name) State existing use and occup~y of premises and intended use and occu~anc · p y of proposed construction: a. Existinguseandoccupancy~>t. qtE ~'-'~'-t~F ~>~,~LLI~/~ ~ b. Intended use and occupancy ~t-,,q ~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~:~'~:~-'- Fee 5. Addition If dwelling, number of dwelling units If garage, number of cars Alteration Other Work ~"~ ~-r c,-~/~,~-T--t~ (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 ~'ff (-/,~ ' Rear l ~ L.~- * Depth Height ~ t..~>,, _~ Number of Stories ~ Dimensions of same structure with alterations or additions: Front ..~a.~.~__ Rear Depth ~-.~-x ~ Height ~ ~-f--~tff Number of Stories Dimensions of entire new construction: Front Height Number of Stories Rear .Depth Size oflot: Front ~T-~L~>~' Rear ,~:~ L_,~,, Depth 10. DateofPurchase ~-2~ - c~fo NameofFormerOwne-rJ,:~,'H '~ ~."t-,q~tM.~ 1 I. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO X' Will excess fill be removed from premises? YES NO 14. Nines of Own~ of prm~ses Address ~ ~ t~ ~ Phone NoJt~-~_~ Nme of~c~tect ~~T ~c~ Ad&ess ~ ~ 2 l~m~Phone No Name of Con,actor Address ~t~. ~ Phone No.~/~-2g~/~j 15 a. Is ~is prope~y within 100 feet ora tidal wetl~d or a ~eshwater wetl~d? *YES NO ~ * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PE~ITS MAY BE REQUIRED. b. Is ~s prop~y wi~n 300 feet of a tida wetl~d? * YES NO ~ * IF YES, D~E.C. PE~S ~Y BE REQUI~D. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) P~tq~a,~e,~ ~ 14 t~ ~- ~-...w be~gdulyswom, d~oses and says that (s)he is the applic~t ~e of ~vid~ si~g~t~u~act) above ~ed, (S)Heis~e ~ ~e ~ ~ . ~ ~ ~ . ~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and beliefi and that the work will be performed in the m~nner set forth in the application filed therewith. SworrLto before me thi~ ~ Public YONO PARK No, 01 Qualified in Queens Ooun~ Commission ~pire Nov. ~ 7, ~010 plic TOWN OF SOU~HOLD BUILDING I EPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ~f/~ ~ ,20 ~ Approved ~O~ ,20,/ Disapproved adc Expiration _, 20__ PERMIT NO. t_.~0:5~'~/d~ BUILDING PER~ 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:~-a:~ r Phone: -7 APPLICATION FOR BUILDING PERMIT ~ .... Date ~7- t5 ,20 o4r~ INSTRUCTIONS a. This application MUST be completely filled ia by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building sliall 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 withSn 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted kn 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 t3_e Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. cant~tr.t~, ff a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises /q~5/~.O ~ ~b'/ p-Cl~F~[~l~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section° 5500 Subdivision Hamlet Block O +.- oo Filed Map No. Lot .~Z-i Lot o State existing use and occup~[~, of premises and intended use and oOancy of proposed constraction a. Existing use and occ~cy b. Intended use and occupancy ~:~4~_._ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~c:2:~9., a~ 5. If dwelling, number of dwelling units I If garage, number of cars ~?C [~-/-H-/~ - ~ Addition Alteration Other Work o ~--~---4~ (Description) Fee (To be paid on filing this application) Number of dwelling units on each floorEX [~T't/4~ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions. of e.xisting, , ~_,structures' if any: Front '~ ~/' I~ lcd ,t Rear['~' L.5' ~ Depth Height. ~, - o Number of Stories_. ~--- -~--r-t c Dimensions of same structure with alterations or additions: Front Depth. ,~,z~ ~. Height %-za,~ ~_ 8. Dimensions of entire new construction: Front Rear Height Number of Stories 9. Size of lot: Front qT~ t~, Rear ~'~rLc~ '~ 10. Date ofPurchase~-2d;- ~ 11. Zone or use district in which premises are situated Number of Stodes Depth Name of Former Owner Depth. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES NO 14. Names of OWner of premises Address ~ [r-~: ~¥ t~*~>h~)ne No.~7 {~ _~ Z.S_~tE~- Name ofArchitect~q~-/~F ~:~c[~o Address~ -~'5- '~l ~f-r-~ Pho_~ne No Name of Contractor Address~5~y~ tr;,~/,4)' 1 [$~ Phone No. 7l~-~--~- t~/ 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 ~r * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF :' - rv r ~( ~ oemg amy sworn, deposes and says that (s)he is the applicant (Name of individual si~tract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. gwom to before me this-, , 20 0V ~ _Signatu~b-f~pplica~ Notary Public, State 01' New York Ne. 41-4877583 Qualified in Oue~m ~u~tlt.~4 Oommlaaton Ex)ires Nov. 17, ' FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 30584 Z Date AUGUST 23, 2004 Permission is hereby granted to: ~3tUREEN HIGGINS 37-05 221ST ST BAYSIDE,NY 11361 for : CONSTRUCTION OF A DECK ADDITION AS APPLIED FOR at premises located at 1500 BAY SHORE RD GREENPORT County Tax Map No. 473889 Section 053 Block 0004 Lot No. 032.001 pursuant to application dated AUGUST 20, 2004 and approved by the Building Inspector to expire on FEBRUARY 23~~. ~ Fee $ 150.00 ~ ~ '"--~/l rized Signature ORIGINAL Rev. 5/8/02 ~ITF APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~'A~ ~ ~_~J:~ 14 I. For Demolition of Existing Building Areas Please describe areas being removed: N Date Prepared: 4 ~ O- ~>~ II New Construction Areas (New Dwelling or New Additions/Extensions) Dlmenslons of first floor extenslon: ~IL~,/X 17LF,,;{p~,IT_~i Dimensions of new second floor: i'~ / P- Dimensions of floor above second level: Height (from finished ground to top of ridge): l 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: 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: ~.q'o -~ I Square footage of your lot: ! t Percentage of coverage of your lot by building area: / V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall cnmqpBte'q~P~P~;::p, lh~ proposed actions that are subject to the Town of Southold Watertkont Consistency Re'Ciew Law. !Iti-- assessment is intended to supplement other information used by a Town of Southold agenc, in making a determination of consistency. *Except minor exempt actions including Building Pe/',dfs and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exe~ minor action list, policies and e?cpllmations of each policy contained in the Town of Southold ]k,~ .al W'aterfi'ont Revitalization Program. A proposed action will be evaluated as to its sigjfifk beneficial an& adverse effects upon the coastal area !which includes all of Southold Town). 3. If any question in SectiOn c on'this form i~':hnswered "yes", then the proposed action may a£fect achievement of the L~ policy stand,ds.and conditions contained in the consistency review i:~ Thus, the action should be analyzed in more detail and, if necessary, modified prior to makin:; a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM policy standards and conditions, it shall'not be undertaken. ak copy of the LWRP is available in the following places: online at the Town of Southold's websil,' (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all Iocal !ibraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# {5.:7> - 4-- i~2. I The Application has been submitted to (check appropriate response): TownBoard [~. Planning Board [~] Building Dept. [] Board ofTrustees [--] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (6~q%rmit, approval, license, certi~i~fii Nature and extent of action: Location of action: Site acreage: . Present land use: Present zomng classification: If an application for the proposed action has been filed with the Town of Southold agency, the folio,,, information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area ~ode ( (d) Application mmaber, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No ~ If yes, wlxich state or federal agency?_ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,', preserves open space, makes efficient use of infrastructure, makes beneficial use 6f a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ['~Yes [-'] No N Not Applicable Attach additional sheets if necessary . roliWy-2:~roteet-an~l preserve b~slorle and archaeo ol~g~ r~6/~rces o~'ThW oToWn-~fSouthold. See LW?,P Seetion_I~!_Sp.~l!.c?s Pages 3 through 6 for evaluation criteria Not Applicable ' .... b4,o'--'-t-?,~c.r'~.~ c~l-o_ ~--~z~x-~'t._~tc_4tL. Attach additional sheets if necessary policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. ,see LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss ~f life, structures, and natural resources from flooding and erosion. See LV~i~ Section III - PoLicies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section -Policies Pages 16 through 21 for evaluation criteria ~ Yes ~-] No ~NotApplicable Attach additional sheets if necessary -- Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies;. Pages 22 t h r 6 h-~-h- ~-~--.j%-~ ~ ~7~j ~a~J~-n-e~ ~i a' - ........................... _ .__ ,_ Attach,additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - ?olS'ie~, Pages 32 through 34 for evaluatiou criteria. Attach additional sheets if neces2ary Policy 8. Minimize environmental degradation in ;rown of Southold from solid waste and hazard,us substances and wastes. See LWRP Section III - P0iich~s; Pages 34 through 38 for evaluation criteria. [~ yes [--] No ~ Not Applicable PUBLIC COAST POLICIES Policy. 9. Provide for public access to, and recreational use of, coastal waters, public lands, and pul;:iic resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evalaati::n criteria. [] Yes[-~ 1No [~. Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES ........... Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent oses ~ suitable locations. See LWRP Section ~II - Policies; Pages 47 through 56 for evaluation criteria. --'~Ye~ F~l-s[o 'l]~qxi'btx~-~li~-aqst~- ..... :,: ...................... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estu :' ry and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~;~ Not Applicable Attach additional sheets ifnecesgary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages through 65 for evaluation criteria. , Yes 73 No Not ^pp,icable Attach additional sheets if necessary Policy 13. Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [~ No F~ Not Applkable Promote appropriate use and development of energy and mineral resources. See Created on 5/25/05 _11:20 AM ~ QUESTIONNAIRE FOR FII JNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [5 Yes ~No Are there any proposals to change or alter land contours? ~.No f3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? bt/p,. Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ['4 t:9 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? },4 ~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises, tq. 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? the proximity of your lands on your map with this application. Ifyes, please label H. Please list present use or operations conducted at this parcel ~ ~.4~& r~/~,.Ivx t~¥ ~ ~. ~ ~~ ~ and proposed use ~~ ~T ~ ~ (examples: existing: single-fa~ly; proposed: same with garage or pool, or other description.) Aut~ed Silage ¢~ D~te ~ 2/0s; APPLlr~. ~T_ _RA~SACTIONAL DISCLOSURE FORM,~, t_,AtlLl~ OWNER, CONTRACT VENDEE AN~GENT: 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 To,Ja~ of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name~initial, unless you are applying in the name of someone else o~ other entity, such as a company. If so, indicate the other person or company name.) NATUt(E OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or officiaI map Change of Zone Tax Grievance -- -- *It"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 Southold? .... ,, · Relationshi "includes _blood~mmarriage, or business interest: '_'Business i~nterest" mea~ns a business includin a alZ~_ership, in whi~Xch the~Town officer or employee has even a artial ownershi of or ~ment b~Y)~~n which the Town officer or em~plovee owns more than 5~ of the ,strafe, s. : ...... YES NO If you answered "YE~'", complete the balance of this form and date attd xigtt }*'here indicated Name of person employed by the Toxvn of Sonthold: Title or position of'that pel son: DesctSbe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationsbip 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 corporati6n); B) the legal or beneficial owner of any interest in a non-coi;porate 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 RELATIONSHI]? (~/C'"/''~ Submitted this ~q c~ day of \/ ., . ..~ ,-~->-4- x algnamre: ~ ._ ~ t / , ------- (~'O NG PARK Notary P~blic, StYe of New York No. 01 PA4877583 Qualified in Queens County Robert G. Bassolino R.A. 28-55 214t~ Place, Bayside, NY 11360 Architect (718) 225-9161 J~e22.2~8 Southold Town Board of Appeals Re: Maureen Higgins 1500 Bayshore Rd Greenport, N.Y. Variance # 6172 I am submitting the "Affidavit of Sign Posting" together with four return receipt post cards. All have been retumed except one. It has not been returned as undeliverable. The one that has not responded is: Lot 53-4-32.2 1400 Bayshore Rd Brian Higgins x~~ IfI should receive the missing reply, I will bring it to the heating. JUt4 2 3 2O08 BOARD OF APPEALc-~ Sincerely,~ ~ ~oert Bassolino RA Robert G. l/assolino R.A. 28-55 214~ Place, Bayside, NY 11360 Architect (718) 225-9t61 Zoning Board of Appeal Town of Southold June 6, 2008 Re: Maureen Higgins # 6i72 Thomas & Wendy Carley # 6171 Enclosed please find the mailing receipts for the above two variances. Yours truly, Robert G. Bassolino R.A. 28-55 2144 Place, Bayside, NY 11360 Architect (718) 225-9t61 Zoning Board of Appeals Town of Southold Re: Maureen Higgins 1500 Bayshore Rd Variance # 6172 Board Members, Enclosed please find the following: Affidavit of Mailings List of Property owners White receipt from Post Office June 4,2008 Sincerely, Robert G. Bassolino R.A. Architect 28-55 214~ Place, Bayside, NY 11360 (718) 225-9t61 Southold Town Board of Appeals May 2, 2008 Re: Maureen Higgins 1500 Bayshore Road Greenport, NY I am submitting an application for a zoning variance for the front yard setback on a lot less than 20,000 sf. to convert an existing carport into an open porch and to legalize a deck. The deck was approved and constructed under permit #30584Z but was revoked. Enclosed please find 7 collated sets of the following: Notice of disapproval Dept. bf Buildings applications: Porch, 2-25-08 and deck, 8-15-04 Variance application together with Applicants Project Description, Questionnaire, and Transactional Disclosure Form Prior variance Survey Location map Construction plans: previous deck 8-3-04, new porch 3-11-08 Photos, see site plan for locations Town property card LWRP Consistency Assessment Form MAY 1 2 2008 30,~ RD OF APPEALS Location of all work has been staked out. Sincerel.~_.~/.¢ ~ . ~ R~4rt Bassol'mo RA APPEALS BOARD MEMBERSO Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 30, 2008 By Regular Mail and Fax Transmission 718-225-9161 Mr. Robert Bassolino, R.A. 28-55 214th Place Bayside, NY 11360 Mrs. MaureehHiggins 191-05 35thAve., Apt. A Auburndale, NY 11358 Re: ZBA File No. 6172 - Variance Application for Maureen Higgins Dear Mrs. Higgins and Mr. Bassolino: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 17, 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, Linda Kowalski Encl. ELIZABETH A. NEVILLE TOWN CLERK REGISTR, AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 13, 2008 Zoning Appeal No. 6172 Transmitted herewith is Zoning Appeals No. 6172 of Robert G. Bassolino~ R.A. Representing Maureen & Kenneth Higgins- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Cover Letter from Robert G. Bassolino, R.A. Listing the Following: Notice of Disapproval, Application for Building Permit for Porch dated 2/25/2008 and Deck dated 8/15/2004, Southold Town Board of Appeals Resolution dated 8/15/1986 for Prior Variance, Survey of Property dated 3/24/2008 Prepared by Peconic Surveyors, P.C., Location Map of Property, Construction Plans for Deck Prepared by Robert Bassolino, Architect dated 8/15/2004, Construction Plans for Porch Prepared by Robert Bassolino, Architect date 3/11/2008, 3 Photos Showing Existing Deck and New Porch, Two Sided Property Record Card, LWRP Consistency Assessment Form, ~Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/13/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt-8: 18402 Reference Subtotal 6172 $400.00 Check#: 7105 Total Paid: $400.00 Name: Higgins, Kenneth & Maureen 1500 Bayshore Road Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6172 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chakman 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 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 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: 9:30 A.M. MAUREEN HIGGINS #6172. Request for a Variance under Sections 280-122 and 280- 124, based on the Building Inspector's May 12, 2008 Notice of Disapproval and ZBA Zoning Code Interpretation #5039 (Walz), concerning revocation of BP #30548-Z and an application for a building permit to alter the existing single-family dwelling and to convert the carport into living space, for the reason that the construction will constitute an increase in the degree of front yard setback nonconformance, at 1500 Bay Shore Road, Greenport; CTM 53-4-32.1. 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: May28,2008. 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 #8856 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 t week(s), successively, commencing on the 5th day of June1 2008. Sworn to before me this of 20 feet. Iocation of Property: 20f~5 Roule 25, Mallituck: CTM I(h'4 3 5.5 Principal Clerk ' day of ~-: .")i~,ffj 2008 feet from the front lot linc, at~600DecpC/ [' I /! ', ~ / %[-i ,~ //~ / Hoe Dr vc Mattituck:(~-M 115 17 8. ~ ~ desiring to sUbnlit Wlllten statements bettue thc conclusion of each hearing. Each healing will not start earlier than designated above. Files are available for review during regular husincss hours and prior Io the day ol the hearing If you have questions, please do nol hesitate to contact our oflice iii (631) 765 18(}9. of by email: linda. Kowalski(~qbwn Southold nv us. Dated: May 311.20(18. ZONING BOARD O[ APPEALS Gf(RARD EGOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office [ocation) 5~095 Main Road (Mailing/[JSPS} IRO. Box 1179 Southold, N Y I 1971 0959 8850 IT6/5 No. 01.V06105050 o"~'q'~d I~ $~JffoIk Cotlnty OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER- S VILLAGE W DISTRICT SUB. TYPE OF BUILDING LAND /' ,: r/:, ,, I SEAS. I VL. FARM COMM. [ IND. I CB. MISC. DATE REMARKS TOTAL AGE NEW Farm Tillable 1 Tilloble 2 Tilleble 3 Wcodland BUILDING CONDITION NORMAL : BELOW ABOVE Acre ~ Value Per Acre i Value ..... i .... ..... Brush'and House Plot 53.-4-32.1 10/06 AA. Bldg. ~, _~~,, ~.~.. ! Foundation Both Extension ~ ~/~ .~ ~~ Basement ,-' ,, Floors ~t. Walls '~ ~ ~ Interior Finish ,~ Extension '~ ~ q~ P P / / ~' ',~, c, '; · Extension / ~ ~ Fire Place I, Heat ', ,, ' ' ~Z ~- Porch Attic ~- ~ X~ = ~( -~ ~ ~,~ Porch Rooms 1st Floor ~reezeway ~ ~ ¢ = ~ ~ Patio Roams 2nd Floor Soroge ~0 : ~ g~ ~ ~'b ~:[,~ Driveway '~/ 7 MATCH SEE SEC. NO. 04S FOR PCL. NO. SEE SEC, NO. 045-05-004 10 HOLD TION 9 13.0A(c) 15.1 ~ TOIN OF ~ SOUTHOLD YA¥ 1 2 2008 BOARD OF APPEALS 14.1 5.8A¢c) TOIN OF SOUTHOLD cREEK pIPES pIpES CREEK PRO 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 .............. COUNTY OF SUFFOLK) STATE OF NEW YORK) ~'t7Z AFFIDAVIT OF SION POST12qG ~'~,~ ~-t ~::>t-~ , New York, being duly sworn, deN)se and sa3' that: On the itz~ day of --IOt%[~_ g~O~5 , 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 o2 right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby cotffirm that the Poster has remained in place for seven days prior to tl',~t date of /be subject hearing dale, which hearing date was shown to be Sworn to before me tiffs 5~2~ day of ~-'-,awC ,200 O© (Notary Public) / ~ (si~naiure) EMMANUEL CARAVANOS Notary Public, State of New Yor~ No. 01 CA4866400 Qualified in Queefls County *er~ Expires July ~8. 2010 *near the enttm~ce or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000. _~m:~ _ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I,~t~' ~-~...~'~--~l/Ue~/'ding at 2~' - ~ 9 ~- l ~'r~. p~ ~AY~ ~ t(~ New York, being duly sworn, depose and say t~i: fl~lei[::~~ ~N ~Z~-,IpersouallymailMattheUnitedStates Post O ew ~ ~ , by CERT~D ~L, ~ RECENT ~Q~STED, a true copy of the attached ~gal Notice in prepaid envelops address~ to cunent o~mrs shown on the cu~ent assessment roll verified from the official r~rds on file ~th the ( ) Assessors, or (~Cotmty Real Prope~ Office ~-~~, for eveW properly which abuls and is across a public or ', ' " su~ounding the applicant's pro ~, pm ?e street, or vehicular right-of-way of record, ~3. Sworn to before me this /-.4lff'' dayof J'O..~e /~,200 (Notary Public) / (Signature)'~5~z NICHOLAS MANDOUKOS Notary Public, State of New York NO. 01MA6061113 Qualified in Queens County Commission Expires July 9, 2011 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ...... ~ox~er names~and addressesTm w'hich-notice~w~ nYailF~d7 Th~-yo~W .................. (Endorsement Requ red) Postmark Here "1 Postmark Here [r_:~o..~o_~__%.L.+__..f.A_..~~....~ .......... ~CihX State, ZIP+4 Postmark Here r"l Re u I~ Receipt Fee Restd¢ ed De ivew Fee r Vp--~ 1~ ^ cIZ. BAY TERRACE FINANCE STATION FLUSHING, New York 113601943 3568880006-0098 08/04/2008 (800)275-8777 ll:09:01 AM ====================================== Sales Receipt ~=--- Product Sale Unit Final Description Qty Price Price FARHINGDALE NY 11735 $0.42 Zone-1 First-Class Letter 0.80 oz. Return Rcpt (Green $2.20 Card) Certified $2,70 Label ~: 70072680000288927073 Issue PVI: $5,32 4-- BAYSIDE NY 11361 Zone-O First-Class Letter 0.80 oz. Return Rcpt (Green Card) Certified Label ~: Issue PVI: $0.42 $2.20 $2,70 70072680000286928148 $5,32 FLUSHING NY 11358 Zone-O First-Class Letter 0.80 oz. Return Rcpt (Green Card) Certified Label #: Issue PVI: $0,42 $2.20 $2,70 70072680000286928155 $5.32 HEMPSTEAD NY 11550 Zone-1 First-Class Letter 0.80 oz. $0,42 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt 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 it space permits. 1. Article Addressed to; B. Received b Is delive~ address different horn item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type ~1~ Certified Mall [] Express Mail [] Registered ~'Rsturn Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from sen, Ice label) PS Form 3811, February 2004 · 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. 1. Article Addressed to: 2. Article Number (Fmnsfer from serv/ce labe/) [] Agent [] Addressee D. is delivery address different hom ltern l? []Yes If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mall [] Express Mail [] Registered ~; Retum Recaipt for Merchandise I [] Insured Mail [] C.O.D. 4. Restricted Delivery? {Exam F-~e) [] yes PS Form 3811, February 2004 · 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. 1. Article Addressed to: ~gn [] Agent [] Addressee B, Received by (Pdnted Name) C. D/ate of ~elivery D.Is delivery address different horn item 1 ?v [] Yes If YES. enter delivery address below: [] NO ~ Mail r Merchandise [] C.O.D. 4. Restristad Deliver'/? (Extra Fee) [] Yes Article Number (Transfer from service label} . PS Form 3811, February 2004 Domestic Return Receipt 102595-C~-M-15~0 · Complete items 1, 2, and 3. AI~ item 4 if Restricted Delivery is de...~ · Print your name and address on the rev~t~ 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. 2. A~icle Number (Transfer from service label) ,y ( Pfinted Name) C. D~t~7~ry from item 17 rlyes address below: [] No J~.Cerflfled Mall r-i Express Mail · ~-Retum Receipt for Merchandise [] C.O.D. I-lyes PS Form 3811, February 2004 Domestic R~!I~i ~a~t 102595-o2-M. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HIGGINS, M. #6172 MAP #: 53-4-32.1 APPEAL: Variances REQUEST: Building Setbacks DATE: THURSDAY, JUNE 26, 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 OONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork,net May 27, 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_JI 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 arrangements were made in either a written statement, or during the hearing, providing the returned etter to us as soon as possible; AND not later tha~ June 9th: 'Please eit't~er 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 18th: 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 Postinq 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 En¢ls. 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 13, 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) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6172 Action Requested: Within 500 feet of: Higgins Front Yard Setback Variance ( ) 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, Gerard P. Goehringer, Chairman By: Enclosures 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 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET From: Zoning Board of Appeals Date: TOTAL N~. OzSPAOES INCLUDINO COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Re: REFERENCE: , [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. SendeFs Initials: