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HomeMy WebLinkAbout6265 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 J ECEIVED 2009 Southold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZB FILE #6265 - MARY E. MANNING, Applicant PROPERTY LOCATION: 700 Terry Lane, Southold CTM 65-1-12 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. PROPERTY FACTS/DESCRIPTION: The subject property is a 13,382.58 square foot parcel measuring 75.00 feet along Terry Lane to the east, 192.12 feet to the south, 79.84 feet to the west, and 164.75 feet to the north. The lot is improved with a single family house, as shown by a survey prepared by Howard W. Young, L.S., dated November 26, 2008. BASIS OF APPLICATION: Request for an Interpretation and/or Variance under Section 280-124, based on the Building Inspector's revised December 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling: (1) which will be less than the code-required minimum 10 ft. side yard, and (2) which new construction will place the existing garage in a side yard instead of the code- required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow a side yard setback of 4.35 feet and to allow placement of the existing detached garage partially in the side yard. Page 2 April 14, 2009 ZBA File/16265 - Mary Manning, Applicant CTM 1000-65-1-12 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed one-story addition will be built on top of and in place of an existing deck. The location of the garage will remain unchanged. 2. Town Law Section 267-b(3)(b)(2). The benefit of an increase of living space on the first floor cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. There is no possible place for the additional first floor living space that will not require a larger variance with respect to the garage. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. The addition that replaces a deck whose side setback is 3.8 feet will have a side setback of 4.5 feet. The extent to which the garage is partially within the side yard will remain unchanged from its current position. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It is a consequence of the nonconforming location of the existing house and garage. 5. Town Law Section 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 Section 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional living space, while preserving and protecting 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, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the November 26, 2008 surveyor site map prepared by Young & Young and construction diagram revised 10-6-08 by Designer Eileen Santora. Any deviation from the variance given such as extensions, or demolitions which are not Page 3 - April 14, 2009 ZBA File # 6265 - Mary Manning CTM 1000-65-1-12 shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mirimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon, Weisman, and Schneider. This Resolution w~d ?z G~?R__D P. GOEHRINOEt, C~IRMAN ~! ~77 !2009 Approved for Filing Eil~. ,%nt~ra · ~id~nt, iat ]1 f k-. ¥ ' I I-'-fl ~.~ ~4% I',0¢ DEC I 2 2008 E I ~TOf~.¥ A4~I~[TION MAt~.'I' MANNIN~ ~NATHAN T. ~OU~ T~X ~p Oistr~t I000 ~u~ ~5 ~,~k OI Lot REVIEWED~ __ __,~ . ~ o, ~,.,o~. S~E.;C, ~z~l~~-~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL Mary E. Manning P.O. Box 1763 Southold, NY 11971 DA~E: Oet0b~r a 6, 2008 Revised: ~Dec:-¢2, 2008 Please take notice that your application dated October 8, 2008 For permit to construct a rear one story addition to an existing single family dwelling at: Location of property: 700 Terry Lane, Southold County Tax Map No. 1000 - Section 65 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed rear one story addition to this existing single family dwelling, on a non- conforming 13,382 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a side yard setback of 10 feet. The proposed addition shows a side yard set back of 4.35 +/- feet. In addition, pursuant to Article XXIII Section 280-15, Accessory buildings and structures shall be located in the required rear yard, the proposed addition will place the existing detached garage in the side yard. Disapproval based on the survey by Young & Young dated Nov. 26, 2008. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 TO: Mary E. Manning P.O. Box 1763 Sonthold, NY 11971 NOTICE OF DISAPPROVAL I - DATE' ctober_/,6, 2008 '~) U Please take notice that your application dated October 8, 2008 For permit to construct a rear one story addition to an existing single family dwelling at: Location of property: 700Terry Lane, Southold County Tax Map No. 1000 - Section 6~5 Block 1_ Lot 12 Is returned herewith and disapproved on the following grounds: The proposed rear one story addition to this existing single family dwelling, on a non- conforming 13,382 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots. measuring less than 20,000 square feet in total size, require a side yard setback of 10 feet. The proposed addition shows a side yard set back of 3.8 +/- feet. In addition, pursuant to Article XXIII Section 280-15. Accessory buildings and structures shall t~ located in the required rear yard, the proposed addition wilt place the existing detached garage in the side yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: f'fle, Z.B.A. APPLICATION~ THE SOUTHOLD TOWN BOAI~F APPEALS Office Notes: i~ ~_ c7.~.t~4~ ~For Offtce Use Only ~ , Filed By: ~e~ooccr ~"~ Date Assigned/Assignment N.~. .: ~ ]: Parcel House No. ~ Stre&t SCTM 1000 Section (~ Block Lot(s) [r"~ Lot Size 19~i~, &¢~Zone ~zq_C) I (WE) APPEAL~THE WRITT~EN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): Mailing Telephone: 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: Authorized Representative: for ( ) Owner, or ( ) Other: ~.--,.~ ~../~ Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: [~'"~Applicant/Owner(s) [3 Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ FOR: [g~uilding Per mit F~//~ ~---"/~/ [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XXiII Section280- /~'~ ~ -- [~ Subsection Type of A,p, peai. An Appeal is made for: ~;~'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 [3 has [~as not been made with respect to this property UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant: ~'/A~"xl" ?~/A M N~l k~ C~TM # /~C~ (r~ ~[' /~ZBA File g ~ASONS FOR ~PEAL (additional sh~ts maV be used w~h preparer's signature): A~A V~CE ~ONS: (1) An undesirable change will not be proOuced in the C~CTER of the neighborhood or a detriment to nearby properties if grantea, because: ~, /~.~ ~ '~:C~. ~ _ ~ ~ ~ ~ ~ ~ ~ (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: ~L~< ~TC~T~d'.~ ~_ ~ ,?. -~"~:: ::~':,'~ (3) The amount of relief requested is not substantial because: ~ /-'~,h-l C'5~-A~ ~L; 7~,~! ~ L'~ (4) The *ariaac~ will ~OT hav~ an a~v~rse effect or impact o. lhe ph}~ieal or ea*iron~eatal ~on~itions (5) Has the alleged difficult), been self-created? ( )Yes, or Are there Covenants and Restrictions concerning this land: [3"1r4o. [] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ,4 TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE Notary~?u blic S~g'n/,iu~ of Appellant or Aut-h~zed Agent (Agent mffst submit written Authorization from Owner) Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) b..j I b,J ~1 Date Prepared: I~,L-"'~, I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: I DI X ~ ~} Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): I L0 L ~0 ~' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ~d3 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: ~¢,~ e ~ Number of Floors and Changes WITH £;F ~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: r~ O~ J, Fj ~.~ Proposed increase of building coverage: 2~[~ Square footage of your lot: /~ ~ ~ Percentage of coverage of your lot l~y'building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and hosv 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 QUESTIONNAIRE FOR FII,ING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? .~ Yes B. Are there any proposals to change or alter land contours? 15//~o [5 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 w/th this application? /r//A 3) Is the property bulkheade, d,between the wetlands area and the upland building area? 4) If your property contains ,~etlands or pond areas, have yot~ contacted the office of the Town Trustees for its determination of jurisdiction? /~ f ' inquiry or application with the Trustees: t/ ~' Please confirm status of your 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? ts~/O Are there any patios, concrete ban'iers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /~ ~ (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? /~7 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. If yes, please label H. Please list present use or operations conducted at this parcel ~.~4 t~i t ~ &'t '~Q~'), tP~:~'~ T- and proposed use ~, ~.3 ~ i ~ ~ ~/;~ u.l ~ t._ ~/ (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorize~,S/ignature and D~e 627.21 Appendix C State Environmental QualiO' Review SHORT ENVIRONMENTAZ ASSESSMENT FORM For UNLISTED ACTIONS Only P,M~.T I - Project kdbrmation (To be complete by Applicant or ProjeCt spormor) 1. Applicant / Sponsor 2. Project Name 1 3, Prajesl location: Municipality County q. Precise location (Street address and road inteme~ons, prominent landmass, etc. or provide map) 8. I~ ~ro~a~d ~JJ~n: I 7. ~ount of land affected: Initially: , * acres; Ultimately: '~Y 8. Will proposed action comply,,~4th existing or other existing lend use restrictions:( ES ( ) NO If No, describe bdefly: 9. What is present land use in vicinity of project: (describe): (.v/J'~esidential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Par?JForest/Open Space ) Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(FederaL State or Local) ( } YES ~, ) NO tf Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I( ) YES ( ) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my knowledge If t~e action is/n the ~astal Area, and y~ ~a~ ~ g y, comolete the OoastM Assossment Fo~ before proceedin~ with this Application Office Notes: Page 3 Assigned Application No. Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permltted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: {describe on a separate sheet]. 2. The alleged hardship relating to the propedy is unique because: because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) ~ ~-i~CE~) ~ ¢:~ I ~ {'C I'[C~i~Li 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on pre¥ious page to apply AREA VARIANCE STANDARDS. (Please consult your afforney.) Otherwise, please proceed to the slRnature and notary area below. Sworn to before me this /~ day of,~-~.~¢~., 20~_'~ , / (Notary ~51M) Signature,4Al~-pe!lani ,o. r .~..onzed Agent (Agent mO'st submit Auth~ojtization from Owner) ZBA App 9130/02 I! ~t z't-q, IN~AC"I'[ONAL DISCLOSURE FOR/VI APPLICA~ TO OWNER, CONTRACT VENDEJ~iD 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 prov/de information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, rrdddle initial, unless you are applying m the name of someone else or other entity, such as a company. If so, indicate the other person or c0~n.p, ap~ name.) NATLFRE OF APPLICATION: (Check ali that apply.) Variance Special Exception ' *Other Approval or Exemption from plat or official map Change of Zone Tax Gr/evance If Other name the actnqty: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship xvith any officer or employee of the To;;m of Southold? "Relationship" in~ bljod ~m_mmriage or business interest. "Business interest" means a business inc~ ap~ershil2, in w~hhich t~l',e Tox,~m offic--er or~ has even a ar&al OWnershi of or em_~/loyment by) - ~ -- -- ' ~ __. a coq)oration in which the Tox;q~ officer or emplo eels more than `tiES NO If ),ou answered "YES'; complete the balance of this fi~rm and date and sign where indicatecL Name Of pel son ernployed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the approp~qate 1/ne A through D (below) and/or descr/be 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 corpo~2ation); C) an officer, director, partner, or employee of the applicant: or ~ D) the actual applicant. DESC1L[PTION OF KELATIONSH1P Submitted3h4s /0 day of~ Signat~re:~'~¢ '~ ~--~ Print Name:__ /~oo-~-~/_/~_TOWN OF SOUTHOLD ERTY RECORD CARD STREet VILLAGE DISTRICT SUB. S w ACREAGE V TYPE OF BUILDING LAND Form ~iJ~oble 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total IMP. NORMAL Acre vL. TOTAL FARM DATE BELOW Value ~er Acre COMM. lIND. ICB. I MISC. lEst. Mkt. Value REMARKS ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKHEAD M. Bldg. Extension Foundation ~ ~5£~ ~ Bath. Basement ~ Floors If c~¥ Ext. Walls !au o ~ ~, ~ v~ Interior Finish r Fire Place I y Heat Porch i Roof Type , Porch Rooms /st Floor Breezeway ~arage Patio Driveway Rooms 2nd Floor Dormer ~I?OWN OF SOUTHOLD 1BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved ___ 20__ Disapproved a~c Expiration ,20 PERMIT NO. BUILDING POSIT APPLICATION CHECKLIS'Io' Do you have or need the folIowing, before applying Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.SD.EC. 'I rustees ................... Contact: ~.~{~,~r t,.,i~]NN./t~O(~j Mailto: ~ ~ I t~{D~ Building Inspector APPLICATION FOR BUiLDiNG pE~ Ii~T~ ¢[~ % ~3''~/0 .................. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or arc'as, and watem'ays 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 lbr 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 msues a Certificate of Occupancy. £ 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 1 g 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, m writing, the extension of the permit tbr an addition six months Thereafter, a new permit shall be required APPLICATION IS HEREBY MADE to tM Building Department £or the issuance cfa Building Permit pursuant to the Bailding Zone Ordinance of the Town of Southold, Suffolk Coanty, 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 regulmions, and m admit authorized inspectors on premises and in building for necessary inspections. , (~a'~}'~ of applicant or name,~a corporation, (Mailing ad&ess ct'applicant) 5 ~ iq O is~essee, agent, architect, engineer, general contractor electrician, plumber or builder State whether applicant Name of owner of premises __ Y4 f~ ~ ¥ ~ I~ A ~ ~ I I~.I 64 (As on the tax roll or latest deed) If applicant is a corporatien, signature of duly attthorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done; House Number Street Hamlet County Tax Map No. 1000 Section [/) ~ Block i Lot Subdivision ~'tgO l'.k~ ~"'~-~'D ___ Filed Map No. ;~ff-~. Lot Oqame) a. Existing use and occupancy Estimated Cost~_ I~0~ OC~O, co O b. Intended use and occupancy :3.Nature of work (check which applicabl~e): New BuBding ~aaition v' Alteration Repair Removal ____ Demolition ....... Other Work (Description) 4. Fee ('Fo be paid on filing this application) 5. t Number of dwelling units on each floor If dwelling, number of dwelling units If garage, number of cars ,I 6. If business, comme, rcial or mixed occupancy, specify nature and extent of each type of use. ~_~t~_ 7 Dimensions of existing structures, if any: Front ~1:~ Rear ~12~ .Depth Height_ Number of Stones D mens ohs of same structure with alters, ticns or additions: F~ont ~ ~ ¢/-]/'-/f~ar ~5 ,,. / Depth ~.Z'),,~. Height "~'0' [NumberofStodes r ~'~~ ) Dimensionsofenfirenewconstm~ion:Fron' Re-~r /4' .Dep,~ /l J Height__ [~ ~ Number of Stories / 10. Date of Purchase Name of Fenner Owner 11. Zone o~ 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 7Will excess fill be removed from premises? YES NO.__~ .,., 14. Names of Owner ofprem~ses_ . Name of Architect Nzane of Contractor Address __ Phone No. t 5 a. ls this property within 100 feet eta tidal wetland or a freshwater wetland'? *YES __ * iF YES, SOUTHOLD TO~W~ TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO / 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. STARE OF NEW YORK) SS: COb2NTY OF ) (Nmne of individual si~ing contract) 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 alt statements contained in this application are true to the best of bis knowledge and belief: and that the work will be perlbrmed in the mariner set forth in the application filed therewith Sworn lq before me this __ ~')*P(/] day of ~"{~ 20__~_.~'~ Nota~ Public ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: Elizabeth A. N~ville DATED: Deccmb, e~q 5~ ~008 RE: Zoning Appeal No. Southold Town Zoning Board of Appeals 6265 Transmitted herewith is Zoning Appeals No. 6265 of Mary, Manning - thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, 1 Original & 1 Copy of Notice of Disapproval from Building Department Revised December 12, 2008, Copy of Building Permit Dated October 8, 2008, 2 Pages of Copy of Property Record Card, 5 Pages of Photos of Property, Survey of Property Showing Existing & Proposed Construction Dated November 26, 2008 Prepared by Young & Young, Plans for Construction Showing Elevations & Floor Plans & Foundation Dated 9/22/08 Prepared by Joseph Fischetti, PE. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/12/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED - 6265 MANNING, Mary 1084 $300.00 ~:;}~: DEC I 5 2008 Sout hold Town Cleric $300.00 By__ Thank,,ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 12/15/08 * * * RECEIPT * * * Receipt: 31311 Transaction(s): 1 1 Application Fees Reference Subtotal 6265 $300.00 Check#: 1084 Total Paid: $300.00 Name: Clerk ID: Manning, Mary E Main Road P O Box 1763 Southold, NY 11971 CAROLH Internal ID: 6265 / MARY MANNING P. O. BOX 1763 SOUTHOLD, NEW YORK 11971 March 2, 2009 Board of Appeals Town of Southold 53095 Main Road- P. O. Box 1179 Southold, NY 11971-0959 Dear Members of the Board of Appeals: I am submitting this letter to supplement and amend my application dated December 10, 2008 concerning the Building Inspector's December 12, 2008 revised Notice of Disapproval of my application to build an addition on my home. Since I am not a good public speaker I thought it best to write this letter explaining the reasons for my application. I realize after discussing the disapproval with the Building Inspector that I need two side yard area variances on my property at 700 Terry Lane, Southold, New York so I can obtain a Building Permit to build the proposed 15 foot x 14 foot addition to my house. I would like the Board of Appeals to know I purchased my home on May 12, 1994 from the Mullen family. The original home was built for the Mullen family in 1934. Since I have owned the property I have continuously improved and upgraded it because I want to live in this house for many years. Due to my physical limitations I am going to be confined to living on the first floor since I have great difficulty in climbing stairs. The expansion of the kitchen area is so I will have a family room which will be the primary place where I intend to spend my time. Simply put, what I propose is to eliminate the easterly 14 feet of the existing raised deck and in its place to expand the kitchen area by 15 feet to have a family room. This 200 square foot addition will be on the same floor level as the present kitchen area. It will accommodate a table and chairs for eating, a television and an area for chairs where I will have a suitable place to not only sit and watch television, but to enjoy my garden and fish pond on a year round basis. The only place I can have this family room is to place it in the area I propose which will require side yard variances due to the zoning ordinance requirements. The side yard area variances which I seek are two. One, for the northerly side yard to accommodate the proposed addition and another for the southerly side yard. Because of the language of the zoning ordinance the addition will place the existing garage in the southerly side yard instead of the rear yard. The properties along Terry Lane are residential. The lots on the northerly side of Terry Lane are small with modest homes built on them. The location of most of the buildings on these lots do not meet the yard requirements of the present zoning ordinance as is the case with my house. My proposed addition will in no way affect the residential character of the neighborhood as it will remain exactly the same and will not interfere with neighboring properties. What I am requesting is not substantial because at the present time my house has a northerly side yard of 3.8 feet and due to the angle of the house foundation to the property line the side yard area where the addition is to be built is 4.35 feet. In reality the addition is replacing the raised deck in the identical existing side yard area. With the existing raised deck and the zoning ordinance definition of rear yard, the raised deck already places the garage in this side yard area, so there will be no change. When you view my property as well as other properties most people built their homes parallel to the front yard street line and not in the direction of the rear yard property line. As I said with this definition my garage is currently in this side yard area and nothing will be changed with my replacing a part of the deck area with the proposed addition. After the addition is built there will absolutely be no negative impact on the physical or environmental conditions of my neighborhood. In reviewing, weighing and comparing all of the above factors which the Board of Appeals must consider for a variance, it will be a great benefit to me in order to remain in my house by increasing the useable living space. There will be no adverse affect on the adjoining properties in my neighborhood. Lastly, I would like this letter to accompany my original application to the Zoning Board of Appeals. Thank you for your consideration. Sworn to before me this day of March, 2009 Notary Public ANTHONY BUCICH 770 TERRY LANE SOUTHOLD, NEW YORK 11971 March ~), 2009 TO: Southold Town Board of Appeals My name is ~nthony Bucich. ! own and live on the adjacent property immediately south of Mary Manning. I have reviewed Mary Manning's application and I have no objection to her constructing this addition as it will serve her needs well. Very truly yours, Anthony Bucich DONALD SILEO 630 TERRY LANE SOUTHOLD, NEW YORK 11971 March ~ , 2009 TO: Southold Town Board of Appeals My name is Donald Sileo. I own and live on the adjacent property immediately north of Mary Manning. I have reviewed Mary Manning's application and I have no objection to her constructing this addition as it will serve her needs well. Very truly yours, Donald Sileo MARGARET E. THOMPSON PO BOX 905 SOUTHOLD, NEW YORK 11971 TO: Southold Town Board of Appeals My name is Margaret Thompson. I own and live on the adjacent property immediately west of Mary Manning. I have reviewed Mary Manning's application and I have no objection to her constructing this addition as it will serve her needs well. Very truly yours, Margaret E. Thompson Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ MARCH 19~ 2009: 11:05 A.M. MARY E. MANNING # 6265. Request for an Interpretation and/or Variance under Section 280-124, based on the Building Inspector's revised December 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling: (1) which will be less than the code-required minimum 10 ft. side yard, and (2) which new construction will place the existing garage in a side yard instead of the code-required rear yard, at 700 Terry Lane, Southold; CTM 65-1-12. 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 emaih Linda. Kowalski@Town.Southold.ny.us. Dated: March 3, 2009. 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 #9200 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5th day of March1 2009. Principal Clerk Sworn to before me this day of ~~2009. NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6108050 Qualified in Suffolg County My Commission Explt~ [~t~l~ty ~11~ g012 LEGAL NOTICE SOUTHOLD TOW~ ZONING BOARD OF AIq'EAL~ THURSDAY, MARCH 19. 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant tc Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of Southolti. the following public hear- mss will be held by the SOUTHOLD. TOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. PO. Box 1179. Southold, New NORTH FORK SELF STORAGE :~ Building Iaspeetoigs November 25, 2008 2804)4C. no single structure shall have t~ B~Qdlng4ml~or's__ .. ~N~ tuber ~I, ~ ~d s~g ~uiin a side yard 9:55 A.M JA~S and DENISE 2~ Nog~ of D~approv~ ~n~g Sutar'i ~ght-of-Way), Mathtuck; ~ quest 1o Waive a merger of two proper- dt~g S~tinn 280-10, ~is property is 32 ~d.33 ~: (1) ~ 8~-19 as va- of +/- 173~ squ~e f~t. ~d (2) ~M ques~ for V~iances under Secuon 280- November 14, 2~8 Noti~ of Disap- part of 16; FI~WLEy = 6261. Request for Variances b~sed on the Building Inspector's November 3. 2008 Notice of Disapproval and Zoning Code Interpretation g 5039 (Walz AppJi- cation),cifing Code Sections280-112 and 2~0-124 for-the mi~/mum requffcd side yard-setbacks on. ra0nc0nfonr, ing lots (51,955 square feet in-this R-80 ~one). The apphcan~ ts proposing a new.dwell- ing,gr less than 20 feet on a single side yard and less than 40 feet for total side yards. Localinn ogProperty: 4545 Hal- lock Lane (a pnvam road), Mattituck; 10:50 A.M. FRANK PALILLO and DIANE PALILLO # 6263. Request for a Variance under Sections 280-116-C and 280-124, based on the Building Inspec- tor's December 2. 2008 Notice'of Disap- proval concerning proposed additions and alterations to the existing single- family dwelling, which new construct]on will be less than the code-reqmred mini- mum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwaterL Location of Property: 7433 Soundview Avenue. Southold: CTM 59- LL'05 A.M. MARY E. MANNING g 6265. Request for an Interpretation and/ or Variance under Section 280-124.based on ihe'Buildlng Insl{ector's rbvised De- cember 12~ 2008 Notice of Disapproval concerning a proposed addition to the will be less than the code-required mini- mum 10 ft. side yard, and (2) which new construction will place the existing ga- rage i~a side yard instead of the code- required rear yard, at 700 Terry Lane. (2) concerning a proposed single-slow addition to the existing dwelling with a setback at less than the,code-required 15 feet on a single side yard on this 24:053 square fOot nonconformlnglot. Lochtion Orient. ~ 3.5-3-16. . 11:40 A.M, HIGItLAND'HOUSE Fl. LLC #6253. Request for a Variance under S~atinh 280-121G, baaed on the B:ailding Inrpeetor's November 10. 21308 Notice of Db'approval coocerning proposed al- terations to an existing detached garage with inonconforming) aparunent above, The reasons stated' are that "whenevel a nonconforming use of a building o~ premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises she0 no longer be permit- ted. unless a variance therefore shall have been granted by the Board of Ap- peals. The building-Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application in- spection report dated 10/27/08 t~t states that the existing detached garage with apartment above has not been used m years Location of Property: Oceanv~ew Avenue and Heathulie Avenue, Fishers Island: CTM Parcel 1000-9-11-7.12. 12:00 PM. PAUL KATZ #6258 - Re- quest for a Variance under Seeuon 280- 15(F), based on the Building Inspector's June 23.2008 Notice of Disapproval con- cerning a proposed accessory garage at a setback of less than the code-required to 'fhe dwelling at less than the code-required minimum of 10 leer on a single side yard and less than 75 feet from the existing bulkhead ad- jacent to Orient Harbor, at 12580 Main Road.-East Marion: CTM Parcel 1000- 31-14-8.2. 12;15 P.M. ROMANELL1 REALTY. INC~ g622A and f~6100, i Cotitmued hear- ings pending additional information from applicant& Location of' Property: 36660 Route 25 (South Side of Main Road), Cutchogne; CTM 97-3-3.1 [or- meriy ~7-3-3). Request for Variances and Special Exception related to a proposed contractor's yard and three principal buildings on this 63,338 square foot lot m the LB Limited Business Zone District. The Board of Appeals will hear all persons, or their representatives, demr- mg 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 fei review during regular business hours ann prior to the dayof the bearing, If you have questions, please do not hesitate to contact au~ office at (631) 765-1809. or by e-mall: Linda.Kowaiski@Town. Southold.ny. us. Dated: March 1 2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIPoMAN BY LINDA KOWALSKI 54375 Main Road tOffice Location, 53095 Main Road MaiLIng/USPS) PO. Box 11'79 Southold. NY 11971-0959 9200- iT 315 ZONING 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.nortlffork.net February 2~, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 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 March 2"d Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ;'area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with propertY numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or dudnq., the hearin.q,, providin.q, the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with theilwhite 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 providb the card (when available). These will be kept in the permanent record as proof of all Notices. ~ 2) Not Later March 11th: 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 or mail your Affidavit of Postinq for receipt by our office on March 17, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MANNING, MARY #6265 MAP #: 65-1-12 VARIANCE: INTERPRETATION, SETBACKS REQUEST: REAR ADDITION, EX. GARAGE DATE: THURS, MAR. 19, 2009,11:05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In thc Matter of the Application of Mary Manning (Nme _of Applicants ) CTIvl Ptrcel #1000- 65 i 12 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF blEW YORK) BARBARA DIACHUN residingat_ 875 School House Road, Cutchogue ~ New York, being duly swora, depose and say tlmt: Onth¢ 4th .dayof March ,2009 , I personally mailed at the United States Post Office in ' Cutchogue , New York, by CERTIFIED MAIL, RETURN RECEEPT REQUESTED, a tree 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. (Signature) Barbara Diachun Sworn to before me this 4th dayof March ,2009 PLEBE list, on omer nines ~d ad&~ for ~ich hOfiUs were mail~. ~ you. (see Schedule A) APPEAL NO. 6265 - Manning 1000-065.00-01.00-011.000 · Complete Items 1, 2, and 3./~so complete r~m 4 if F~dct~ Detlve~y b de,md. · Pdnt your name and address on the reverse so thet we can return the card to you. · Attach this ceJ'd to the back of the mallpleoe, or on the front if space permits. Donald R Sileo 630 Terry Lane Southold NY 11971 ~ 81g~mum S. m~,~ved W ( ~nteU b~e) , [] ~ent [] ir~ Ivl~ll [] F.:mmaa IV~l []Retum Recetpt for Mm:tmallN [] •.O.D. 4. Re.fitted Dellvm3~ {~ Fee) •~ae Cr~,~r~o~,~en,~*~e~) 7006 0100 0004 4072 9853 ~l PS Form 3811, Febma~ 20~ ~lc R~um R~ 1~59~.~ } 1000-065.00-01.00-013. 000 · Comple~ items 1, 2, and 3. Ns• commie item 4 if Res~c~ed Dellve~ la de,md. · Print your name and address on the mveme so that we can ~um ~ne card to you. · Afl·ch this cad to the back of the m~lp~ce, or on the ~ont if space per·Es. 1. A~icle Addressed to: Anthony J Bucich '[olanda P Bucich t534 12th Street ort Lee NJ 07024 S. ~ace~ved ~ ( ~nted Neme) lc. Date of Deilwy D. ms delivmy ~d d~ d h94mme],~m ~ ~ J~ 4. Re~alcted Delivm7? (Ex~a ~__~_~.~ 0004 4072 9877 2. Afficle Number ~ra~s~r ~om sew 7006 0100 PS Form 3811, Febma~2004 Domestic R~um Receipt 1000-065.00~Q1~00-023 . 000 · Complete items 1, 2, and 3. Also complete I A-~ item 4 if Res~cted Dellve~ Is de,md. [] Agent · Print your name and add·ss on the mveme [] Add·asea so that we can return the card to you. U.~./Pe~'/~me) I C. Date of Bellverv · Attach this card to the back of the mailpleca, or on the front if space permits, 1. Article Addressed to: :~ llf~y~ '_l~l'dllk. l~/~11~lelow: •No Taubin Family Trust ' 'l ;.r~t<.v~ ~ ~,,/./N~g/%/~ m~. ~1 415 S 47ch Street Philadelphia PA 19143 2. Afficle Number (7; ~ ,=l~4~/rom serWce label) PS Form 3811, February 2004 7006 0100 0004 4r~72 ~8,4 ~.:<. ~l! APPEAL NO. 6265 - Manning 1000-064.00-05.00-028.000 MAR 1 7 2009 nNo [] C.O.D. 4. Re~tc~ed [:)elive~? iFadm Fee) DYes 7006 0100 0004 4072 9891 i PS Form 3811, Februa~ 2004 Domestic Return Receipt 1000-064.00~Q5.00-029. 000 · Print your name and add~es on the reveme so that we can tatum the canJ to you. · Attach this card to tile back of the maJlplece, or on ~e front if ~ pe~mlt~ Margaret E Thompson P0 Box 905 Southold NY 11971 [] In..ired Mall [] C,Q.D. ;% ,~ 4, Restricted Delive~y? (EX~a Fee). ' :'~ I-I Yss I 2. Article Number j PS Form 3811, February 2004 7006 0100 0004 4072 9907 Domestic Retum Receipt Page 2 of 2 APPEAL NO. 6265 - Manning 1000-065.00-01.00-011.000 Eli l (EndoRr~e~r~enRt ReeC~ ~Putlr~l~ ~...~ l (Endorsement Required) .$ ~ / Donald R Sileo r,- r m~.c~-~:x~? ....................................................................... ~,'."OJoxNo. 630 Terry Lane ~,"~',~E~;~£.~-:~' ..................................................................... 1000-065.00-01.00-013.000 ~ Re~'ted Del_h~y Fee (Endomement Required) 1::3 1000-065 . 00-01.00-0'23. 000 Po~ge '/ ~ · APPEAL NO. 6265 - Manning 1000-064.00-05.00-028.000 S2.70 S2.20 S0.00 $ $5.~. Jon C Kerbs ....................................................................... 430 Riley Avenue D~:'~:2f~;TMattituck .................................................................... NY 11952-1804 1000-064.00-05.00-029. 000 Margaret E Thompson ....................................................................... L~i~.~.~......P_O. Box 905 Page 2 of 2 ZONING BOARD OF APPEAL8 TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Mar7 Manning ('Name of Applicant) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 65 1 12 COUNTY OF SUFFOLK) STATE OF NEW YORK) Southold MARY MANNING residingat 700 Terry Lane, , New York, being duly sworn, depose and say that: On the 10th day of March 2009 , , I personally placed the Towa~'s official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tMJt date of the subject hearing date, which hearing date was shown to be March 19, 2009 8wom to before me th/s 16thday of March ,2009 ig ture) nning (Notary Public) BARBARA DIACHUN o 01DI46~190 - ~lloi; ummg,., ~_ _ Commisslm Eai~l~ Ocl. 31A~'~_t.,'/o *near the entrance or driveway entrance of my property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 28, 2009 Ms. Mary E. Manning 700 Terry Lane P.O. Box 1763 Southold, NY 11971 Re: ZBA File No. 6265 -Application for Variance Dear Ms. Manning: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the April 14, 2009 Meeting. BefOre commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Linda Kowalski Encl. :~ 7 , . / 23 NOTICE