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Home My WebLink About6281) 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 RECEIVED 2009 Tel. (631) 765-1809 Fax (631) 765-9064 Soul;hold ?own Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZBA Files # 6281 and # 6243 - KEVIN B. and JEANINE FAGA, Applicants PROPERTY LOCATION: 12580 Main Road, East Marion CTM 1000-31-14-8.2 PUBLIC HEARINGS: February 19, 2009 and March 19, 2009 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 a reply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 17,532.58 square foot parcel measuring 142.69 feet on the east, 120.86 feet along Orient Harbor on the south, 138.29 (44.62 feet + 93.87) feet on the west, and 103.35 feet on the north. The lot is improved with a single family house and three sheds, as shown by a survey prepared by Jeffrey T. Butler, P.E. dated June 19, 2008. Page 2-April 14, 2009 ZBA #6281 and #6243- K. and J. FAGA, Applicants CTM 1000-31-14-8.2 BASIS OF APPLICATION: Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single- family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead adjacent to Orient Harbor. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 19, 2009 and 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: LWRP DETERMINATION: A letter was received on February 6, 2009 from the Town LWRP Coordinator recommending the proposed action to be inconsistent under Chapter 268, Waterfront Consistency Review of the Southold Code and LWRP standards. The reason stated for this inconsistency is that the building is set back is less than 75 from the bulkhead. Consistency with the LWRP policies will be improved by removing part of the house closest to the bulkhead to increase the setback from 19.1 feet to 25.5 feet, which will be the same setback of the proposed addition. The ZBA proposes that a 10 foot non-turf buffer along the bulkhead be required in accordance with the LWRP recommendation. AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a setback from the bulkhead of 21.5 feet and 25.5 feet at its closest points, and to allow westerly side yard setback of 9.2 (and 9.5 feet). AMENDED APPLICATION and ADDITIONAL INFORMATION: By letter dated February 23, 2009, an amended application and 2-19-09 revised site map prepared by Jeffrey T. Butler, P.E. were submitted on February 23, 2009 in which the setback to the bulkhead proposed in the original application was increased from 22.4 feet to 25.5 feet for the proposed second-floor porch and increased to 30.6 feet fo~ the proposed two-stow (18' x 16') addition, covered entry porch, and alterations shown Page 3 - April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31-14-8.2 thereon. The amended application also includes a request for a reduction of the west Side setback from the code-required minimum of 10 feet to 9.5 and 9.2 feet. Also, the applicants are raising the house eight (8) inches to meet the minimum elevations under FEMA regulations and filling within the basement. 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 variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The minimum setback of the existing house will be increased from 19.1 feet to 21.5 feet. The proposed second-floor porch addition will be set back 25.5 feet from the bulkhead and the proposed two-story addition at 30.6 feet. The decrease in the side setback from 10 feet to 9.3 feet will be a result of squaring off th~ existing one-story wing of the house pursuant to removal of a portion of that section of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of an increase in living space cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing house is in a nonconforming location. An addition on any side of the house would also require variances. 3. Town Law Section 267-b(3)(b)(3). The proposed variance with respect to setback from the bulkhead is substantial, but not with respect to the existing house, which is closer to the bulkhead than is the addition. The variance for a side yard setback will be 7 percent. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It is a consequence of the original dwelling having been constructed closer to the bulkhead than subsequent amendments to the code permitted. Page 4-April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000'31' 14'8.2 5. Town Law Section 267-b(3)Co)(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 relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the dwelling, 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 tl~e 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, subject to the following CONDITIONS: 1. There shall be a minimum non-turf, vegetated buffer 10 foot landward of the bulkhead; and 2. Gutters and drywells shall be installed to contain roof run-off; and 3. If any of the original foundation has to be replaced or repaired, it must conform to the dimensions of the site plan given to ZBA. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applibant'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, Page 5 - April 14, 2009 ZBA ~4~281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31-14'8.2 setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Aye~rs ~ehri~'~er (Ch~a~, Oliva, Simon, Weisman, //-~¢ ? /2009 Approved for Fili~(g / I v DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED Alt 3 7009 BOARD OF APPEALs THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 17,2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Marlborough #6279 Licalzi #6280 Faga #6281 TRK:ds Very. truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jeffrey T. Butler. PE For Kevin B. & Jeanine Faga 206 Lincoln Street Riverhead, NY 11901 DATE: October 23, 200~ Revised: February 23, 2909 Please take notice that your application dated September 29, 2008 For permit to construct additions and alterations to an existing single family dwellin? at: Location of property: 12632 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14_ Lot 8.2 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, in the Residential R-40 District is not p~mdtted pursuant to Article XXII Section 280-116 (B), which states; All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. Proposed addition shows a setback from the bulkhead of 25.5 feet. Additionally, pursuant to Article XXIII S ectioh 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum side yard setback of 10 feet. the proposed addition is shown at 9.2 feet This Notice of Disapproval was written based on site plan prepared by Jeffrey T. Butler~ PE, dated 6/19/08 last revised 2/19/09, 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: Erie, Z.B.A. [] III I ~ IIII ..L ~ II Pt~OPOSED t~E~F~ ELE'VATION LINE / ~¥MI~L L~C~-NI;I SITE PLAN I ~1 I I Before You Dig, Drill O' Blast[ PA®E: LINE / SYh4BOL LEOENP T ,55 0 O- TEST HOLE LI~,HT POET ABBREVI AT I ON5 AEV --- ABOVE MET --- METAL TEST HOLE DATA (TEST HOLE PUS BY, HoDONALD SEOEOIENCE ON JUNE 2&, 2008) AREA COVERAGE CHART: ® ® (D ® REEI[~EN. CE RESIDENCE RESIDENCE (FOOTPRINT) 5HEP EXIETINC5 SECOND FLOE)P. 4q~ D42.PT. AREA TO BE REMOVED, TOTAL (FOOTPRINT)~ TOTAL (LIVIN¢ AREA), PIRST FLOOR 1,14D Ed,.PT. -/D.44 5d~.FT. :[25.00 O~.PT. ~2.OO 542.FT. 4q6.OO ~.FT. 1,2'f~.44 AREA TO REMAIN: 54.~q 5GLFT. 1,088.,52 7~.44 Ed,.PT. 1,162.O6 Ex2.PT. 1¢88.62 SC.FT. ~2.00 .Edt.PT. illl.~:t 5~.FT. PROPOSED AP. EA: FIRST PLOOR SECOND FLOOR 2~R."i2 5~.FT. 2~'.00 5~I.PT. 288.0 25.00 .G~.PT. 600 52.FT. ±1002.5¢I 543.pT. 288.00 5dLFT, 523.725d;LFT. LOCATION MAP: NOT TO 5GALE PP..OPOSFD~ -- ;~ITUAT~ AT, EAST MARION N.Y. · ro~. oF EO.T.OLD E.-UFPOLK COUNT'f, N~ r~ NO., ~ooo-~-~4~.2 , , 12580 MAIN EAeT HARION, NY IIqDq ~ ~ ~ITE IDATA~ EXISTINg= PROPOSED: AREA OF 51TE~ ~I'f,ED2~E&5.F. (0.40BAC.) N.G. /\HAY BALE5 AND SILT / NON ~ BASE ~LOOD ELEVATION, - ~ ~ ~ 126D2 MAIN ~OAD % EAST MARION, N~ I I~ (DY O~NER OF LOT ~ '% 20 [O O IO 20 DO 40 50 ORAPHIC SCALE I" = I0'-0" : (3 LOT AREA: : 1~ MINIMUM ALLOWED: 40.000 SQ.FT. PROVIDED: 4'17,532.58 SQ.FT. PF~OPOEED LEACHIN¢ POOL (I) 8'4~ x 4' DEEP FOR RAIN I I,,IAT~R RI)NOPE -- // Ii \ // q2.5' EXISTIN8 FI~AME 5HE~ TO BE : -~"...' REMOVED : :: EXIETJN¢= STOCKADE PENCE PROPOSED OAPJ~¢E C) N // PROPOEE~) LEACHIN~ pOOL '.(I) 8'~' x 4' DEEP ~OR RAIN · ~,~T~R RUNOFF7 /~ ~ ~l_lO*HiN EL, ll.3'3' I1\ Il PF~2POEED (~)EECOND PL. PORCH \,... 5lIED ROOF OVER. HAN~ BE REMOVED EXIETIN~ (4 DEPROOH) (TO BE t;;'4=NOVATED TO A EL. II.TI' IDUILDIN¢ AREA t TO BE REMOVED HALL \ I0' NON TURF BUFFER LOT WIDTH: MINIMUM ALLOWED: 150' PROVIDED: 103.35' LOT DEPTH: MINIMUM ALLOWED: 175' PROVIDED: 142.69' YARD REQUIREMENTS: MINIMUM FRONT SETBACK: 35' PROVIDED: 91'-0" MINIMUM SIDE YARD SETBACK: 10' PROVIDED: 9'-3" CUMULATIVE SIDE YARD SETBACKS: 25' PROVIDED: 65%6" MINIMUM REAR SETBACK: 35' PROVIDED: 35'-7" PROPOSED: TOTAL: LIVING (FLOOR) AREA: MINIMUM REQUIRED: 850 SQ.FT. EXISTING: 1ST: 1,088.62 SQ. FT. 2ND: 496 SQ. FT. 1ST: 288 SQ. FT. 2ND: 559.41 SQ. FT 2,400.34 SO. FT, LOT COVERAGE: MAX. ALLOWED: 20~ EXISTING: 7.26% PROPOSED: 12.98~. BUILDING HEIGHT: MAX. ALLOWED: 35' EXISTING: PROPOSED: 28'-0" NUMBER OF STORIES: MAX. ALLOWED: 2.5 EXISTING: 2.0 PROPOSED: 2.0 Z PA E: 1 cfi LINE / S'FblBOL LE®END E ®- 0 ABBREVIATIONS ABV --- ABOVE Af=F --- ABOVE FINISHED FLOOR AFC --- ABOVE FiNiEHEp MET --- METAL O,H,--- OVER HEAP PVG --- POLYV~NYL 6HLORIPE TEST HOLE DATA (TEET HOLE DUC McDONALD CEOECIENOE ON JUNE 26,2008) I1' AREA COVERAGE CHART: ~EGI¢., GTPJJO'I1)RE, EXISTIN¢ AREA, AREA TO BE REMOVED, AREA TO REMAIN, PRz2FOEt=D AP~EA, FIRST FLOOR SECOND FLOOP-, FIRST FLOOR SEC, ONI;> FLOOR ~) RESIDENCE 1,14D 5Gl.PT. 4q6 ~.FT. 2Dq."/2 5(~.FT. (~) RESIDENCE 54.Dq ~,FT. REEIPE~E ~O0~INT) 1~¢.~2 ~,FT, ~ ~HE~ ~2.00 ~.PT. ~2,00 ~.~. ~ PO~H ~.5~ ~.PT. ~ ENVY PORCH 25.00 ~.FT. TOTAL ~O0~RINT), 1,2~.44 ~.~. ~lll.~q ¢~.PT, 1,1~2.0~ ~.~. ~1~2.5q ~.PT. TOT~ (LlVl~ A~, ~¢.00 ~.FT. 1~8.~2 ~.FT. 2~¢.00 ~.~. 52%~2 ~.FT. EXISTINO DUILDIN¢ COVERA~: 1,2'ID.44 52.FT. / ~:17~B2,§8 54~.FT,: 7.2~5 PROPOSED BUILDIN¢ COVERACE (INOLUDIN¢ PORCHES)~ 2~'f&.04 ¢_-_-_-_-_-_-_-_-_-~2.FT / :N1.552.D8 E~.PT. = 12.qSB PROPOSED LIVINE, AREA, 1,58,4.~,2 Ex2LPT (EXICTIN~) + ,~,&O."/2 e-~a. PT. (PROPOSED) = 2445~4 SGLPT. (TOTAL) Si PLAN 20 I0 0 I0 CRAPHIC SCALE MAP: PP-.OPOEED SITE PLAN: 51~ATE AT, EAST MARION N~. TOHN OF SOOTHOLD ~UFFOLK COUNT~ NE~ YORK ZONIN¢ DI5~10% RESIDENTIAL 'R~' 126~O MAiN ~OA~ ~A~T MARION, N1 -o AREA OF SlT~. *I'f,ED2,58S.F. (0.40~A¢) N.C. ,,. i;,. ,, EAST HARION, N? I~ EXI$TIN~ HOOD // ~ LOT ~.1) /% : '" '"'"'...... X..,............ zI x ZONING INFORMATION: J EXISTIN~ ASPHALT ..... \ RESIDENTIAL DISTRICT (R-4.0/: · . DRIVEMAY TO ~E : ~ PROPOSED LEACHI~ POOL ~ ~ MINIMUM ALLOWED: 40,000 SO.~. ~ PROVIDED: ~17,532.58 SQ.~. ~ ~ ~ ~ECOND FL, -OT WIDTH: ' ~ PO~H % ( ,IO'MIN f~P) ~ ¢ MINIMUM ALLOWED: 150' PROPO~E~ L~HIN¢ POOL ~ ~< ROOF OVERHA~ ~ MINIMUM ALLOWED: 175' ~ ~ ,' PROVIDED: 142.69' ~oo~ ¢ARD REQUIREMENTS: ~f PO~H ~L. H.~' ~ ~ MINIMUM FRONT S~CK: 35' x O~ ~ PROVIDED: 91'-0" ~ ~,~, ~ MINIMUM SIDE Y~D S~CK: 10' ~ ~ ~ so ~ PROVIDED: 9'-3" //~~ ' "' ~ CUMU~TIVE SIDE YARD S~CKS: 25' ~ PROVIDED: 65'-6" // ~ ~ MINIMUM R~ S~CK: :i ~ ~ % (4 ~p~o~ ~ ~ MINIMUM REQUI~:: 850 SQ.~. ~H~ ; :: (TO BE ~NOVA~D TO A ~ ~ EXI~NG: 1,088.62 SQ, ~ ~ 2ND: 496 SQ. ~, ~ ~ EL. I1.11' % N N PROPOSED: 1~: 288 SQ. ..... ~ ~ ~ , N ~2' ~ ~ ~OFF OF 5T~C~ ~ ~. A~OWED: 20% ~ '~ ~ EXI~ING: 7.26~ EXIETIN8 5TOC~DE FENCE ~ ~ , EXISTINe/~ PROPOSED: 12.g8~ ~ ~ ~ HALL ~ ELDING HEIGHT: '~ PROPOSED: 28'-0~ ~ ' N/F OEFO~ MAX. ALLOWED: 35' .; ~5,0~, lO' NON TURF \ ~_% % % %%%% BUFFER I~IBER Of STORIES: ~ .~..( ,~ ~. A~O~D: 2.5 ~ EXI~ING: 2.0 .- ~ ~ ..O.OSE~= 2.0 R afl Jeffrey T. Butler, P.E., P.C. Architectural and Engineering Services February 23, 2009 VIA HAND DELIVERY 0 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 Ms. Linda Kowalski Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 RE: Amendment of Application ofKevin B. & Jeanine Faga #6243 (SCTM 1000-31-14-8.2) Dear Ms. Kowalski, Attached please find 8 copies of the amended site plan, 8 copies of the amended Denial Letter from the Building Department and a check for $150.00. By copy of this letter applicant is seeking to amend the application for the following 2 masons: 1. We have pushed back the proposed addition as discussed with the Board so it is now further from the bulkhead. 2. We have shown the existing side yard setback of 9.3 feet to be expanded as that sidewall will be modified and/or re-built in the constmction process. We are also requesting to be put on the March 19u' schedule. Please do not hesitate to call this office with any questions. ~ler, P.E. Enclosures Jeffrey T. Butler, P.E.P.C. Architectural and Engineering Services 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 March 2, 2009 VIA CERTIFIED MAIL RE: Application of Kevin B. and Jeanine Faga #6281 (amended) and 6243 (SCTM 1000-031-14-008.2) To Whom It May Concern: This is to notify you that there will be a public hearing before the Town of Southold Zoning Board of Appeals at Town Hall, 53095 Main Road, Southold, New York on Thursday, March 19, 2009 at 12:10 p.m. Proposed plans and detailed information can be reviewed at the Town of Southold Zoning Board of Appeals office. For your convenience we have enclosed a reduced copy of the proposed site plan. At this meeting, all who choose to speak will be given the opportunity to be heard. This meeting is a major influence on the outcome of this application. If you have any interest in this proposal, we urge you to attend. Very~/~ yours, Jef/~T. Butler, P.E. (?osure I 741 Town Annex/First Floor, Capital One Bank 54375 Main R~l (at Youngs Avenue) Soothold, NY 11971 ~ddress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76.q-1809 Fax (631) 765-9064 , April 28, 2009 By Reeular Mail and Fax Transmission 727-8033 Mr. Jeffrey T. Butler, P.E.P.C. P.O. Box 634 Shoreham, NY 11786 Re: ZBA File No. 62~l~and #6243 - Variances (Faga Premises) Dear Mr. Butler: 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, Jeffrey T. Butler, P.E., P.C. Architectural and Engineering Services 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 November 20, 2009 VIA HAND DELIVERY Ms. Linda Kowalski Town of Southold Zoning Board of Appeals I~0V 2 0 2009 I~E: Application of Kevin B. & Jeanine raga #6281 and 6243 (SCTM 1000-31-14-8.2) Dear Ms. Kowalski, Pursuant to our conversation yesterday, I am writing to ask that you confirm with the Board that the decision granted and the subsequent resolution written allows for the existing dwelling to be removed as necessary to comply with FEMA regulations and the New York State Building code requiring 2 feet of freeboard to be added above base flood elevation to the first floor. The discussion we had during the first hearing was to put language into the decision which protects the applicant in the event that the floor system could not be salvaged and the foundation had to be repaired as a result of the demolition. The stipulation was that the final product must conform to the dimensions of the site plan on file. We were held open for a month for the purpose of adjusting our setbacks for the addition and including this language in our application. The applicant has been issued a stop work order by the building department until this issue is clarified. Please do not hesitate to call this office with any questions. Sincerely, ~_~ J_~e'f~e~T Butler, P.E. Cc: Mike Verity 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, $outhold website: ~orthfork.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 alii 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 uncleliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owne~, to the best of your ability, and to confirm how arrangements were made in either a writte. statement, or during the hearinq, providin(~ 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 Mailing (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 heanng.,, If any signature card is not retumed, 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 llth: 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 Postin,q 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. ~ 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.nort h for k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 27, 2009 Zoning Appeal No. 6281 Transmitted herewith is Zoning Appeals No. 6281 of Jeffrey T. Butler~ PE for Kevin B & Jeanine Faga- Cover letter from Jeffrey T. Butler, PE Explaining Amendment to Application of #6243, Copy of Notice of Disapproval from Building Department Revised February 23, 2009, Site Plan Showing Zoning Info & Location & Area Coverage Chart & Proposed Construction etc. Revised 2/19/09 Prepared by Jeffrey T. Butler, PE. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 02/25/09 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt: 42335 Reference Subtotal 6281 $150.00 Check#:1714 Total Paid: $150.00 Name; Butler, Jeffery 20 Overhill Rd, P O Box 634 Shoreham, NY 11786 Clerk ID: CAROLH Internal ID: 6281 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for ProceSsing) DATE: 2/25/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6281 FAGA, Kevin & Jeanine 1714 $150.00 R£C£IV~D F~ 2 5 2039 Sou~ zo~d Town Clerk I $15O.0O By Thank'~ou. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FAGA, Kevin & Jeanine #6281 MAP # 31-14-8.2 VARIANCE SETBACK REQUEST RECONSTRUCTION DATE: THURS,MAR. 19, 2009, 12:10 PM 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 the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as lOOO- $1 - COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING ~, New York, being duly sworn, de~se and'say that: On the ~ day o(,~ ,~ I ~rsonally plac~ the Tom,'s official Poster, ~th ~e ~te of hmnng and nature of my application noted ~er~n, s~mly upon my pro~, located ten (10) f~t or closer from ~e strut or fi~t-of-way (~veway entr~) - facing the s~t or facing each s~t or right-of-way en~ce;* ~d ~at I hereby ~ ~t the Poster has remah~ed in place for seven days phor to t~t ~te of the subject he. rig date, wlfich heahng date w~ sho~ {o be~ S~, S~ m to before me th/s day of [qllStrOq , 2ooq (Signature) *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPBAL8 TOWN OF 8OUTHOLD: NEW YORK la the Matter of the Application of (Name _of Applicants ) CTM Parcel #1000- g/ ./q-~,~_ AFFIDAVIT 0F IvIAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) y%// J/?DI , New York, being duly sworn depo~ and say that'. / ' On the ,~,,.~v~ day of./rJ/J~Z~/7/ ,.~O~P~, I personally mailed at the United States Post Office in ,~'~/d'~ , New York, by CERTHqED MALL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with be (54Assessors, or ( ) County Real Property Office ., for every property'whieh abuts and,is across a public or privs:.e street, or vehicular right-Of, way of record, surrounding the ~pplicant s property. ' (Signature) Sworn to before me this PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. William Clayton 12832 Route 25 East Marion, NY 11939 SCTM# 1000-031-14-15 ~ Total PoStage & Fees ~[~ $~.~ p. Jsomro William Hukill m [~'~'x 1770 Stars Road r~ orPO'O~ Marion NY 11939 r,- J .: East . SCTM# 1000-031-14-8.1 #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 dayof March, 2009. Principal Clerk Sworn to before me this day of ~~2009. NOTARY PUBLIC-BTATE OF NEW YORK No. O'I-VOelOB060 Qualified In $~ffalR (3aunty My Commission Expli*~J ~lbr~ofy El, ~gl 2 · ~taee un~der~ecl~15, hasedon t, ke Bu~tding4as~or's Ne ~'~.mber 7' ~ Notice 'oT l~s_' ~qSproval ~oacer,nmg a ~o~d sw~g p~lin a side yard msteed nf the code-required rear yard, 9:55 A.M. JA~S and DENISE an~ under ~on ~-114, b~ed on · e Building Ins~tor's November 7. 2~ Nod~ of Dbapprov~ ~n~r~ng 32 and 93 ~: [1) ~ ~19 ~ va- 6261. Request for Variances based on (2) concerning a proposed single-story than the code-required minimum of l0 the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code interpretation # 5039 [WaLz Appli- cation), citing Code Sections 280-112 and 280-124 fo~-the minimum requtred side yard sethaeks on. nonconforming lob (51,955 square feet th this R-80 Zone}. The applicant is proposing a new dweLL- mg at less than 20 feet on a single side yard and less than 40 feet for total side yayds. Location oi Prol~rty: 4545 Hal- lock Lane fa private road), Mattituck; CTM 1000-112-1-2. 10:50 A.M. FRANK PALILLO and DIANE PALILLO # 6263,Request for a Variance under Sections 280-116-C and 280-I24, based on thc Butidthg Inspec- tor's December 2, 2008 Notide'of Disap- proval concerning proposed additions and alterations tO the existing single- family dwelling, winch new constlalction wiLL be less than the code-required mini- mum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundvlew Avenue. Southold; CTM 59- 6-5.1. [1:05 A.M. MARY E. MANNING # 6265, Request for an Interpretation and/ or Variance under Section 280-124,based on the Building InspeCtor's r~vised De- cember 121 2008 Notice of Disapproval concerning a proposed addition to the emstmg single-family dwelling: (1) which will be less than the code.required mini- mum 10 ft. side yard, and (2) which new construction will place the existing ga- rage in a side yard instead of the code- required rear yard, at 700 Terry Lane. addition to thc existing dwelling with a setback at less than the code-required 15 feet on a single side yard on this ~.053 square foot nonconforming lot. Location of Proporty~ 145 Sbunff~V/~W Orient. CTM 15-3-16. [ 1:40 A,M. HIGHLAND H~SSE FI. LLC g6253. Request for a Variance under Se,~tinn 280-121G, besed on ~he Building Inspector's November 10. 2008 Notice of Disapproval concerning proposed al- terations to an existing detached garage with (nonconforming) apartment above. The reasons stated are that '~whenever a nonconfotmthg use of a building or premises has been discontinued for a been changed to a higher classification feet on a single side yard and less than 75 feet fzom the existing bulkhead ad- jacent to Orient Harbor. at 12580 Main Road. East Marion: CTM Parcel 1000- 12:15 EM. ROMANELLI REALTY INC. g6224 and g6100. Eotttmued hear- rags pending additional information from t~ppilcant.) Location of P~operty: 36660 Route 25 (South Side of Main Road}. Cutehogu6; CTM 97-3-3.1 (for- merly ~7-3-3).Request fo~ Variances and Special ~xcopuon related to a proposed contractor's yard and three principal buildings on this 63338 square foot lot in the LB Limited Busines~ Zone Dismct. The Board of Appeals will hear all ing te be heard at each hearing, and/or before the conclusion of each heating. Each haaxing will no~ start earlier than review during regular business hours and prigr.to the da~ of the hearing. I/you to contact au~ office ,at (631) 765-1809. or by e-mall; Lthda. Kowalski@Town. _Soutl~old,ny.us. ~3atad: March 1. 2009, ZONING BOARD OF APPEALS GERARD I~ GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MallMg/USPS) Southold. NY 11971-0959 9200-1T 3/5 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: 12:10 P.M. KEVlN B. and JEANINE FAGA #6281 (amended) and 6243. Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: February 24, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Young$ Avenue) Southold, NY 11971 Mailin~ 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 February 25, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article' XIV of the Suffolk County Administrative Code: ZBA File #6281 Action Requested: Within 500 feet of: Owner/Applicant: FAGA Setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural Distdct If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman MAIN LAKE ~AI~IO~! LA~E COUNTY OF ,SUFFOLK TaX ServiCe