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HomeMy WebLinkAbout6205 APPEALS BOARD MEMBER~ Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. 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 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 _ _RECEIVED N0 / 3 2008 MEETING HELD OCTOBER 16, 2008 $outhold 1'own Cle}k ZBA # 6J~r5 -- RONALD POLLIO PROPERTY LOCATION: 165 Second Street, New Suffolk CTM 1000-117-10-20.5 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 received September 15, 2008 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 non-conforming 6,999 square foot parcel in the R40 District, measuring 70.00 feet along Second Street to the east, 100.00 feet to the northern boundary, 100.00 feet along the southern boundary, and 70.00 feet along the western boundary. The lot is improved with a single-family dwelling, as shown on the survey by John C. Ehlers, L. S. dated June 25, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 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: Page 2 - October 16, 2008 ZBA # 620~;- Ronald Polho, Apphcant CTM 1000-117-10-20.5 RELIEF REQUESTED: The applicant seeks variances for a 12 ft. wide by 24 ft. deep deck addition with a reduced south side setback from 10 feet to 6.5 feet, and a reduction of front yard setback from 35 feet to 9.5 feet. 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 setback variances will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. An existing high hedge on the south side of the property will screen the deck from the neighbor's property. Increasing the non-conformity in the front yard will add only a 7.4 foot extension of a 36.3 foot east side of the house. 2. Town Law §267-b(3)(b)(2). The benefit of an expanded and renovated house cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Any expansion of the existing deck would require a variance. 3. Town Law ]267-b(3)(b)(3). The variance is not substantial. The reduction of the front yard setback applies on. The existing front yard setback will be extended but will not exceed the existing nonconforming setback. 4. Town Law §267-b(3)(b)(5). The need for a variance was self-created only so far it is a consequence of a decision to extend an existing side deck on a narrow nonconforming lot. 5. Town Law .~267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. Owners of the three adjoining houses have indicated their support of the application. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to Page~ - O-+ober 16, 2008 ZBA # 6206 - Ronald Pollio, Applicant CTM 1000-117-10-20.5 GRANT the variances as applied for, as shown on Project 0821 Site Map A-l, prepared by Peconic Permit Expediting dated 7-21-08, subject to the following CONDITIONS: 1. Relocation of the existing outdoor shower (to a conforming location), and 2. Retention of the vegetative screening on the south side of the property. 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 applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Weisman. absent. Ayes: Members Oliva (Chairwoman), Dinizio, Simon and This Resolution was duly adopted (4-0). Chairman Goehringer was RUTH D. OLIVA, Vice Chairwoman Approved for Filing 10/ {~ /2008 ~85°37~00"E I00.00' P/L N&5 °37'O0'w I 00.00' 49.51' PLOT PLAN 5CAKE: [ "=20' INFORMATION FOP-. PLOT PLAN TAKEN PROM 5UKVD¢ BY JOHN EHLER~ LAND SURVEYOR DATED JUNE 25, 20045 585°37'00,,E 100.00' PRO 9.7' PROPOSED DECK ADDITION AT THE POLLIO RESIDENCE 165 SECOND STREET © r-.. NEW SUFFOLK, NY 5TORy p c)USE GAP. AGE Fo UNDER ~ I ~.C.T.M. # 100 CflANGE5 ~~ DECK, N85°37'O0"W 100.00' re. o.s, ~. / PLOT PLAN ~ ~ 4'-2" 24'-0" SCALE: I"= [ O' iNFORMATION FOR PLOT PLAN TAKEN FROM 5URVff¢ BY JOHN EHLERS LAND SURVEYOR DATED: JUNE 25, 2008 METAL FLASHING 2x8 CCA GALVANIZED ~CAt_E,,/4 = Io ffASTENEDPOST MECH.TO (;;~ ~0~: ~ I ~4~GI P.C. FOOTING THESE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE I AND ARE THE PROPERTY OF PECONIC PER~T EXPEDI~NG [NC I DECK GI~ER DETAIL INFRINGEMENTS WILL BE PROSECUTED SITE AND ZONING DATA ZONrNG REQUIREMENT5 R-40 EXISTING CONDITIONS PROPOSED CONSTRUCTION A5 PEK 280 - 124 LOT Ai~.A 7000 5.F. 7000 5.F. FRONT YARD SETBACK 35.0 PT 9. I PT. D. I PT. REAP. YARD S~FDACK 35.0 PT 5,4. ~ Fi', 5,4. ~ PT. 5rDd YARD 5ETDACK [ 0.0 PT 14.7 PT. ~. 5 PT. TOTAL ~ BOTH 5IDES 25.0 PT MAX GRO55 FLOOR AI~A 20% I 154 5.F. I G,4% 1323 5.P. 18.9% MAXIMUM HEIGHT 35.0' ~f I 5. O' P~ I 5. 0~ ~T THERE ARE NO C"~P.~,DE CHANCaES, EXCAVATION, FILLINg, AND/Of~ CLEAF~INO DONE TO THIS PR~OPERT¥ DATE: %7~08 DR. BY: R W L SCALE: AS NOTED CIiKI): U [~ II ELEVATION SNEET NUMBER A-1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL BOA2D OF APPEALS DATE: July 18, 2008 TO: Robert Lehnert for Ronald Pollio 32645 Main Rd. Cutchogue, NY. 11935 Please take notice that your application dated July 7, 2008 For a permit for deck addition to a single family dwelling at Location of property: 165 Second St., New Suffolk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot 20.5 Is returned herewith and disapproved on the following grounds: The proposed construction of a deck addition to a single family dwelling on a non- conforming 6,999 sq. ft. parcel, is not permitted pursuant to Article XXIII Section 280- 124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-107' Lots measuring less than 20,000, shall have a minimum fi'ont yard setback of 35' & a side yard of 10'. The survey indicates a front yard setback of approx. 9.5' & a side yard setback of 6.5'. Authorized Signature UAT~N T( AI'rLICA'I'IL}I~ '1'O THE SO U THOLD TOWN BOARD 3F APPEALS For O~e Use Only F~: $~ Fil~ By:. Date Assigned/Assignment No. AU G House No. /~.~ Street ~'~Or}~ ~'~r¢~'/L' Itandet /q/-~..- ~'ff¢///~' SCTMlOOOSection//TBlock/t9 Lot(s) ~0~'" LotSize 70t~70 Zone I (WE) APPEAL Tl~ WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ,.~t, ]/y /,,c/j.~ff~° BASED ONMAP DATED Applieant(s)/Owner(s): /~9t7 ~} ~ /ag~ MallingAOdress: /tl-d/ Fr.n/r, 3o Telephone:~C/~t- 2 ~t-~f~9 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: P~K~/~/~ ~rat¢ ~/d~n~for(~Owner, or ( )Other: Agent's Address: ,~,,~tf~r' ]~,r7 R~/ ~t,,~l~'t-) W/~., //~f Telephone 7.~- ~3~'/ Fax#: 734 ",~,~'70/' Emafl: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ,~uthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED FOR: · ~Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXX]]] Section280- 1~_~- Subsection Type of Appeal. 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. [] Interprgtation of the Town Code, Article Section. [3 Revers)fl or Other A prior appeal ~0-1tas, )~has not been made at any time with respect to this property, UNDER Appeal No. Year t . (Please be sure to research before completing this question or call our office for REASONS FOR APPEAL (additional sheets tnaF be used with preparer's sienata ~4REA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER 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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ,~No. Are there Covenants and Restrictions concerning this land: ,l{~No. [] Yes (please furnish colby). 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 ~ COMPLETE ,4TTACHED USE VARIANCE SHEET: (Please ~~n~d/~J ~I~ure ot'~f~ell~t~a~,~t~horized Agent Sworn to before me this .~,;,..~ " (Agent must submit written Authorization from Owner) day of~20o~:~ . Notary Public ~ fllIll II. M~IIIIIVY NOT~I~ PUILIC:.ITATI O1~ NIW YORK NO. 0tKd, 151814 THE PECONIC PI=RMIT EXPEDITING Bufldln0 / DFC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail peconicpermits~optonlinemet Ph 631.734.8361 · Fx 631.734.2276 ZBA 1.) 2.) Questions - Pollio Residence, 165 Second Street, New Suffolk Due to the scale of the neighborhood, which consists of 1 story houses, we feel an extension to an existing deck is less intrusive on the neighborhood than a potential second story addition. Due to the location of the existing residence, any work that we would propose would need zoning relief. 3.) 4.) The amount of relief is minor as this is an application for an open deck, not habitable space. There will be no impact since the structure proposed is an open air deck, which will be in keeping with the character and scale of the existing neighborhood. BOARD OF APPEALS COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING September 8, 2008..Q.~,~~ OF APPEALS 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) Pollio 6205 Traendly 6207 Judge 6209 Schneider 6215 Very truly yours, Thomas Isles, AICP Director of Planning TRm:cc S/s l'i~eodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAU PPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802.. FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined 20 __ Approved /[~/[ ,20 Disapproved a/c ~/ ~ /I~ Expiration ,20__ d PERMIT NO. BUILD1NG PF~IT APPLICATION CHECKLIST Do you h'l~Te or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ~/,/ '7 ,20 gTo .... ~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on promises, 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 avai!able 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 iss~uance 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, ~ admit authorized inspectors on premises and in building for necessary inspectio~~ ~' "~Signature of apph~ant or name, if a corporation) (Mailing addre[s of applicant) ~' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameo£ownerofpremises ~O/'~ ~f/d f~//J O (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. ~ocauon orl~ on,~so8 work will be done: House Nu~ ~.., ~:o~o~ ~$~o~,,~mo¢ ~ Hamlet County Tax Map No. 1000 Section 117 Block [0 Lot .~.gT,~" Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy /~ ~1 ~/~tt ~-~ , b. Intended use and occupancy ~'~l d~O 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~- ]3-; gTO tY Fee 5. If dwelling, number of dwelling units /~//0 If garage, number of cars Addition X Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions ofexisting structures, if any: Front ~';.~ Rear ~,~,3 Depth Height J'//-- /,5" Number of Stories i Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories 8. Dimensions of entire new construction: Front ~, 3 Rear Height .4'//-- /,~q- Number of Stories 9. Sizeoflot: Front 10. Date of Purchase 70 Rear 70 .Depth 11. Zone or use district in which premises are situated Name of Former Owner Rear l pth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES )~ 13. Will lot be re-graded? YES 14. Names of Owner of premises Name of Architect tSl~rr~ Name of Contractor NO __ NO ~( Will excess fill be removed from premises? YES NO /~ Po///0 Address~,,~/¢,, ~ ~ Phone No. ~0/,~ n ti t r} 'i Address~Phone No $'/1" o°??- ~ 4~ ~ ~' Address Phone No. 15 a. Is this property within I00 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO *'IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO )( 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) R O b ~/' ?~" ~'~///'~' '~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~'~7 'ff ~ C~o orate Officer etc'~ (Contractor, Agen, rp , .~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge au~,&e2icf~ and that the work will be performed in the manner set forth in the application filed there~vith. ~L~t PUltI~.$T&ii OF NIW ¥Ol~lg 20 O NO. 021~61~1~14 Quollflla In lullolt Counll~-- 2009 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Po/J] 0 Date Prepared: 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: J~.' K 9'~' ~-'ff ~-¢tlat' ~t;k Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Numberof Floors anal 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: .~_ ,. ~c- Square footage of your lot: '"Ttgt9 t9 Percentage of coverage of your lot by building area: V. PurposeofNewConstruction: ~g'O.~O{et~ '~X ;}PrIor' VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how_.i.t reliltes 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 ~ ,' TownofSouthold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FO~ ~-' ",:??,!~, All applicants for permits* including Town of Southold agencies, shah complete this CCAt for proposed actions that are subject to the Town of $onthold Waterkom Consistenc~; Review LhaL 'his assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action hst, policies and esplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a 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 LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard Plann gBoardf--I B.i,dagDept. BoardofTr stees 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) (~)~ermit, approval, c~, c~i t~hqlorii ....... : ................. ~W .... Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: ,/~.-- z~ ~ If an application for the proposed action has been filed with the To~vn of Southold agency, the following information shall be provided: (a) Name of applicant: R~t}. )d POi/tO (b) Mailing address: ~0/., d'..d,.., ivy (e) Telephone number: Area Code ( ) f/ar - ,~oc2 - 2~fp0 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [] If yes, which state or federal agency?_ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section II/- Policies; Page 2 for evaluation criteria. Attach additional sheets if necessary Poii-ey-2~.~roteet and~i~-~ge-f~e hlsI0ffe a~d arCbi~logiEal resources o~thW~ld.' See LWRP' Section III - Policies Pages 3 through 6 for evaluation criteria ~-] Yes ~'~ No .~ Not Applicable Attach 3dditional sheets if necessary I 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 ~ Yes ~'~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II/- Policies Pages 8 through 16 for evaluation criteria [~ Yes ~ No I~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evaluation criteria ~-] Yes {--] No ~Not Applicable Altach 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 -PoliciesLPages 22 through 32 for evaluation criteria. ~ -- A~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~] Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~1 Xes ~-] No .~. Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section II/- Policies; Pages 38 through 46 for evaluation criteria. [--] Yes~ No ~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 uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for valuation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II/- Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes [--] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No ~. Not Applisable Created on 5/25/05 11.'20 AM 617.21 Appendbc C State Environmental Quality Review SHORT ENVIRONMENT.~Z ASSESSMENT. For UNliSTED ACTION$ Only PART I - Project Informatioa (To be complete by Applicant or Project sporuor) 1. Applicant / Spons~r 2. Project Name 'ORM AUG Fi Project location: Municipality 4. Precise location (Street address and road intemections, prominent landmarks, etc. or provide map) 5, is proposed action: ( ) NEW ~EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe prelect briefly: 7. Amount of land affected: Initially: ,t /~9/ acres; Ultimately:~,// acres 8. Will proposed action comply with existing or other existing land use restrictions:( ) YES ~-~HO If No, describe bdefly: iV, I} · 9. What is present land use in vicinity of project: (describe): I(,~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/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 If 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, tist agency(s) and permit/approvals: 12. As a result of proposed action, wtil existing permit/approval require modification? YES (X~ NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge / I ! / l_ .~ · JAppJicant / Sponsor Name: ~(._~ 0 ¢~' ¢" ~ "~ ~ T Date: $1gnatere: If the action is~ne ~as~ea7 a~y~a~ state agency, complete the Coastal Assessment Fo~ before proceeding with thi~ assessment QUESTIONNAIRE FOR FILING VClTH YOUR Z~B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3 Yes ,l~qo Are there any proposals to change or alter land contours? ~XIo [~ 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, hav%y,ou cpntacted the office of the Town Trustees for its determination of jurisdiction? /I///q Please confn-m status of your ~nqmry or application with the Trustees: /V//~ and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ Are there any pat/os, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ]1/~ (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? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this par%l /'"~/J~'O ~' ~!td proposed use ~r F--:~l ~n ~,.,,~g~rl.~g~; proposed: same with garage or pool, or other description.) Do you or any co-owner also own other land close to this parcel? /l'/~ If yes, please label 2/05; 1/07 APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts ofint~rest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, mi'ddle 'nitial, unless ~-ou a~ applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance ~ Special Exception *Other Approval or Exemption -- -- from plat or official map Change of Zone -- -- Tax Grievance *If"Other" name the activity: ~ -- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? ' Relationshi~mcludes ~X .blood mn'ia e or business interest. "Business i " ' - · · ~nterest" means a business tncluding _a partne~rship in which the Town officer or em lo e~ even a part/al ownership of (or ~ment b,/) a~ the Town officer or em 1o ee-own~more --~ ~ shares -- than 5% ofth~ YES____ __ NO If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed 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 appropriate line A through D (below) and/or describe the relationship in the space prov/ded. DESCRIPTION OF RELATIONSHIP 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 corporatidn); _ __ B) the legal or beneficial owner of any interest in a non-corp~orate (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; _ D) the actual applicant, or Submitted this Signature:~ Print Name: SE? 1 9 ~0o8 ~O,~,2D OF APPEAL5 CUTCHOGUE LIBRARY PAGE 81 September 19, 2008 Re: Application ofRonald Potlio; #6205 Dear Chairman Goehringcr and Members of'the Board: We are owners of property adjoining that of the above-referenced applicant. Mr. Pollio's project will greatly enhance the use and function of his deck while minimizing his intrusion upon thc neighboring premises. We are, therefore, in favor of this addition. Thank you for your consideration. Very truly yours, PI=CONIC PEP. MIT EXF'EDITI ~ufl&t~g / D~C / Varlat~ce / Marine E-Mail peconiqoemlit s(~o ptonline.net RECEIVED JUL 2 IG ZONING BOARD OF APPEALS 32645 Main Road * Cutchogue, NY ] ]935 Ph 631.734.8361 · Fx 631.734.2276 July 22, 2008 Board of Appeals Town of Southold P.O. Box 1179 Southo!d, .NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc." to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully ypurs, ~ ~ Mr. Rona d Pollio - Owner ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 7, 2008 Zoning Appeal No 6205 Transmitted herewith is Zoning Appeals No. 6205 of Ronald Pollio- thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, ZBA Questions from Peconic Permit Expediting, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Notice of Disapproval from Building Department Dated July 18, 2008, Authorization letter from Ronald Pollio to Peconic Permit Expediting to represent them in this Matter, 2 Photos of Existing Deck, Survey Showing Property as it Exists Prepared by John C. Ehlcrs Land Surveyor, Plans for Proposed Deck, Showing Deck Girder Details & Plot Plans Prepared by Peconic Permit Expediting Dated 7/7/08. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/5/08 ZBA # NAME CHECK # AMOUNT TC AUG 5 2008 POLLIO, Ronald 161 $550.00 6205 Sc uthold Town Clerk $55O.OO By/~' Thank~'ou. Date: 08~05~08 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * RECEIVED- AUG ZONING BOARD OF APPEALS ReceiptS: 27036 Transaction(s): 1 1 Application Fees Reference Subtotal 6205 $550.00 CheckS: 161 Total Paid: $550.00 Name: Pollio, Ronald 1461 Franklin Ave Garden City, NY 11530 Clerk ID: CAROLH Interna~ ID: 6205 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. 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, SEPTEMBER 25, 2008 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~ SEPTEMBER 25~ 2008: 1:15 P.M. RONALD POLLIO #6205. Request for a Variance under Section 280-124, based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback, at 165 Second Street, New Suffolk; CTM 1000-117-10-20.5. 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: August 29, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 #8997 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 11th day of September, 2008. Sworn to before me this ~Og3~fe6~ from the front yard , to the existing dwe I~g, which are less ~RI ~?199. Requesl for a Variance un~er Av??~,~M~.tritaclr: CFM I000-123-7-8. Request for a Variance under Section 280:124, based on the Building Inspec- tor% July 21,2008 Notice of Disapproval c°aee?ning a proposed'dwelling on a ma~lc0~aforming 14,000 square foot par- ceJ, w~th a lot coverage_~xceed[ng the c6de i~m~tation of 20% ~for ail building a~ea.at 770 Pinewood Road. Cutchogue; 10:00 A.M. ARTCO and COAST- 'LINE CESSPOOL & DRAIN SER- a'ICE #6200. Request for Variances un- der Section 280-64A add 280-64C. based on the Building Inspector's May 15.2008 Notice of Disapproval concerning a pro- posed new building for use as a cesspool and drainage company. The reasons for disapproving the building permit appli canon are: (1) the proposed construcuon is less than the code-required mbdmum of I00 feet from the right-of-way of each Corporate Road and Commerce Drive. and (2) the proposed building will have a building ~inear frontage greater than the code maximum of 60 linear feet along one street. Location of Property: 525 Commerce Drive. Cutchogue (North Fork Industrial Park Lot 9); CTM 1000. 96-1-1.6. Zone Dislxict: Light Industrial: Lot Size: 47,344 square feet. 10:15 A.M. ROBERT SOMMER- V:ILLE #6204. Request for a Varmnce -O ~o\\ i on 2O08 Varian amended Reques 280-124 toffs July 18 concerning a proposed deck addt[lon on a nonco~nforming 6,999 sqt3a~re foot par- cel. which new constmctlon will be less than the code requked minimum Of I0 fee on a single side yard. setback and less than 35 feet on he minimum front yard ~etl~a~k. at 165 Second Street, New 1:30 i~M. Chrryover: RYAN a~d IEN- GERARD 1~ GOEHRINGER. CHAIRMAN ,BY LINDA KOWALSK[ 54375 I~Iain Rood (Office; Loca[ion) 53095 Main Road (Mailing/USPS) Southold, N~ 119~.-0959 8997-1T 9/11 *' - TO.~rN OF SOUTHOLD PROPERTY RECORD CARD /~-2_ WNER .... STREET/~)5 VILLAGE DIST. SUB. LOT D~EROWNER N~ ;2 E C~, ' . · S. ~ ~-~ S~S. / VL. FARM COMM. CB. MICS. Mkt. Value ~D IMP. TOTAL DATE R~ARKS Iobfe FRONTAGE ON WATER ~land FRONTAGE ON ROAD adowl~d DEPTH ~se Plot BULKH~D al OWNER FOR,/~ER OWNER ~ES. // loo SEAS. IMP. AGE NEW STREET VL. TOTAL NORMAL BELOW Farm Acre Value Per Acre ! Tillable 2 -illabl¢ 3 ~Vaodland FArM DATE ABOVE Value VILLAGE C©MM. I IND. LOT V ,wampland ~rushland -louse Plat -ora I CB. I MISC. DISTRICT SUB. ACREAGE ~ -~ ,~Y , TYPE OF BUILD N~G' Extension Basement Floors E'~ion Ext. Walls Interior Finish Ex~""ension Fire Place Hec~t .2 ~ Porch Rooms 1st Floor Breezeway ...~---~-r=.~z- 7~u~,~. Patio Rooms 2nd Floor Garage / Driveway CARD FORMER OWNt~R STREET VILLAGE W DISTRICT SUB. ^CREAGE TYPE OF BUILDING LOT RES. AGE NEW Farm iob. le 1 SEAS. IMP. NORMAL VL. FARM j TOTA~L DATE BUILDING CONDITION Acre BELOW Value Per Acre Tillable 2 Tillable, 3 Woodland Swampland House Plot Total COMM. REMARKS ABOVE Value CB. MISC. r -I M. Bldg. I. Extension Extension Breezewo' Garage FeCundation Basement Ext. Wails Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Attic t Rooms 1st Floor Rooms 2nd Floor CUTCHOGUE HARBOR GR~AT p~CONIC NOTICE COUNTY OF SUFFOLK Real Property Tax Service SO ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- Il7 ' lo - COUNTY OF SUFFOLK) STATE OF NEW YORK) ~'J~4 '~tI we- , New York, being duly sworn, delmse and say that: On the ! 7 _day of 5~/~m~_,__~_~l~g I personally placed the Town's official Poster, wdth the date of hearing and nature cf my application noted thereon, securely upon nay property, located ten (10) feet or closer from the street or right~of-way (driveway entrance) - facing the street or facirtg each street or right-of-way entrance;* and that ? I hereby co~ffmn tlmt the Poster bas remained in place for seven days prior to th'at date of the subject bearing date, which hearing date was shown lo be ~ 2~/~$~ ~ Sworn to before me this day of ~-~/¢/" ,200JP (Notary Public)~...Y *near the entrance or driveway entrance of nay property, as the area most visible to passersby. ZONINO BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT (Name of Applicants) MAILIq,/GS CTMParcel #1000- ]]7 -[0 - _qd5"' COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being ' '~ ..... ;"~ .'* ~ ~"** duly swom~-depose ~.say._~ ~ On the ~&e( day of ~ , -2,~£ , I persoually mailed at the United Stales ~,~s~t Office in f~/?~t~ oor~ , New York, by CERTIFIED MAIL, RETURN RECEI]?T QUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (-~ Assessors, pr ( ) County Real Property Office<~o.g4~, (,~[ q~ , for every surroundingpr°perty whichthe abutSappliCm~t,sand is property.aCr°ss a public or privy,re street, or vehicular right-of-way of record, (Signature) Sworn to befcffe me this l-rt¢ day of,J'oor~-~ra'~¢__, 200~ 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. Postage Certified Fee Return Receipt Fee (EndorSement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $2.20t (Endomement Required) $ $0,~. $2,'/0 $2.20 $5,32 [:3 · Complete items 1, 2, and 3. Alsd 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. II ? '71 2. A~tlcle Number Addressee ~f Delivery If YES, 7005 3110 0000 2765 5178 · Complete items 1,2, and &Also complete item 4 if Restdcted Delive~ la 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 (Transfer from service label) Signature D. Is delivery address dif~rent from item Jf YES, enter delivery address below: ~.. Restricted Delivery? (Extra Fee) 0 Yes 7005 3110 0000 2765 5154 · Complete it_ems 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 mtur~ the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: P~ Fo~ 3B11, Feb~a~ 20~ ~ [] Agent r-I~ddres~e~ D. Is dai~e? ~d~ d~e~ ~m R~ ~ Yes If YES, e~er delive? address below: ~ No 3. Service Type [] Ce~ifled Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise r-I Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 3110 0000 2765 5130 · Complete items 1,2, and 3. AJso ~omplete 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 maJJpiece, or on the front if space permits. 1. A~J~eAddressed to: 2. Article Number r-lA gent [] IfYES, enterdelive~addmssbelow: ~o 3. Sewlce Type J r'i Ce~ifled Mail [] Expres~ Mail / [] Registered [] Return Recaipt fo~ Merchandise · [] Insured Mail [] C.O.D. J4. Restricted Delivery? (Extra F~e) [] Yes (T~'~?~"~'~b~O 7005 3110 0000 2765 5147 PS Form 3811, February 2004 Do,,,u~tic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Rsstdcted 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~l~e front if space permits. 1. Article~Addressed to: 2. Article Number (Transfer from ~ervlce label] [] Addressee C. Date of Delive~ [] Yes [] No 3. Service Type [] Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Ex~-a ~e) [] Yes 7005 3110 0000 2765 5161 PS Form 381 1, February 2004 D(m~tic R~tUm Receipt 102595~02-M-1540 PECONIC ?ERMIT EXPEDI 'lNG ~ '~,:~,~"d<~J 5~aldmg / DEC / Variance / Mar ~e a~64> Mare Road Cutchogue, NY 1I*)2t5 E-Mail Ph 631734 8361 Fx63 734.2276 View of Existing Deck NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM POLLIO, RONALD #6205 MAP # 117-10-20.5 VARIANCE SETBACKS REQUEST DECK ADDITION DATE: THURS, SEPT. 25, 2008, 1:15 PM 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 ~'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: htCp://southtown.northfork, net August 28, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 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 September 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durinq the hearing, providinq the returned letter to us as soon as possible; AND not later than Sept. 12th: 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 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 September 17th: 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 September 24, 2008. 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. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August6,2008 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: ZBA File #6205 Action Requested: Within 500 feet of: Owner/Applicant: POLLIO Setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman 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 SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY l 1971-0959 FACSIMILE TRANSMITTAL SHEET Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT I~OR YOUR UPDATE [] PLEASF, COMMENT [] AS RL,'QUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. SendeCs Initials: /~'t/O~ffice Location: Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Soulhold, 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 P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET ~D~J'~_~J~) TO: Fax # Date: t TOTAL I~O, OF PAGES INCLUDING COVER: -- SENDER'S TELEPHONE NUMBER: REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLP;ASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of fl~e folloxxS~g: Thank you. Sender's Initials: Office Location: Town Annex/First Floor, Norlh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 TO: Date: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: /tO SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the follo~Sng: Thank you. Sender's Imtials: ~ SURVEY OF PROPERTY 51TUATE.. NEH 5UPFOLK TOJ~IN, 50UTFIOLI~ SUFFOLK COUNTY, NY 5UP-.V'E'YE~' = E:~UFFOL~ COUNTY TAX IOOO - i1'7 - IO - 20..5 ~NALD SACK$ON ,STi ET S85°37'00"E 100.00' N85°37'00"W 100.00' 4q .51~ N NOTES: · NIONUNIENT FOUN[~ Ar'eo = O,qqq ~. F. Aroo = 0.160'1 Acre5 ORAPHIC, SCALE I"= 30' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RFCE~AD, N.Y. 11901 369-8288 Fax 369-81~F.C:X~Documents and Settings\OwnerkDesktop\08-159.pn Appel. No. ~97 Dated Juns :~0, 197~ A¢~ZO~ O~ T~ ~O nO~ O~ ~ O~ T~ =O~ OF ~U~O~ · o Fl~nol P. G~at~ · Ja~a W. ~ga~y Fa~i~ R~ & ~ao~ ~t~eet New ~ffo~ New Y~k 2t a m~ of the ~ ~ ol Appe~ on ~ ~O~OB .................... of the Zoning Ordinance aud the decision of the Build~g I~pector ( ) be reversed ( ) be ~. ._ 8~3o P.M. (R.s.~.), ~v 13, 1972 (~a~v~d~v), u~on Road and Jaokson St~oet~ New ~ffolk~ Hew xcel, re~ a va~anoo zn aoo~danoe with tb Zonin~ 0Fdinanoe, A~tiob IIZfSeotion 30lp f~ lots and d~ollinp, Looation of pro. Ftys s~uth sido of ~aokson Street) Hew ~uffolk~ Nov YoFko bounded noFth by Jao.k~on Street! east by ~oond Stl~etj mmth by ~ ~ Ro~binm~ a~ ~St ~y ~l~ Steer. Fee ~Id $~.00. FORM ZB4 ~a~Jo~ie 14oDe~ott, ~o~ete.-7 Southold Town Board of AppeaLs T ~ , ,-F-L- N ] Southold Town Board of Appeals -33- August 28, 1980 Appeal No~ RESERVED DECISION. Application of Frank E. and Mary Brophy, 75 Second Street, New Suffolk, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of addition with insufficient front and side yard setbacks. Location of property: 75 Second Street, New Suffolk, NY; bounded north by Pugsley and Grathwohl; west by Martin; south by Wetzel, Pugsley and Grathwohl; east by Second Street; County Tax Map Item No. 1000-117-10-20.7. After ~nvestigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to approve the construction of a deck =o existing dwelling in side and fron= yard leaving approximately three feet between the deck and the front property line. The premises in question is a parcel of land located on the westerly side of Second Street, New Suffolk, more particularly known as County Tax Map District 1000, Section 117, Block 10, Lot 20.7, having an area of 7,231 square feet. There Ks presently erected on the lot a private one-family dwelling with porch and the deck under consideration. The dwelling without the deck has a frontyard setback of approximately 14% feet from Second Street. Appellan= previously applied to this Board for approval of the subject deck in Appeal NO. 2693, which was denied. The relief requested in this application is synonymous to the previous appeal. Appellant in this appeal has set forth the practical diffi- culties in removing the deck and the reasons for locating the deck as applied for rather than in the rear yard or other side yard areas. Upon personal inspection of the premises, the Board finds that the existing structure and deck would exceed 20% of the lot coverage of the total lot area; and it is the feeling of the Board to grant the variance herein technically would not warrant justification. Accordingly, the variance is denied. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Frank E. and Mary. n. Brophy, b~~he relief requested in Appeal No. 2725 as applied for.~.~_ ~/ Location of property: 75 Second Street, New Suffolk, NY; bounded north by Pugsley and Grathwohl; west by Martin; south by Wetzel, Pugsley and Grathwohl; east by Second Street. County Tax Map Item No. 1000-117-10-20.7. Vote of the Board: Ayes: Messrs. Grigon~s, Doyen, Tuthill, Douglass and Goehringer. Appe~No. 2693 Dated April 18, 1980 ACTION OF THE ZONING BO.~J~ OF AF~EAL~ O~ THE TOWN OF $O~THOLD TO Mr. Frank E. Erophy 75 Second Street New Suffolk~ NY 11956 kX) Result tot a v~ ~ the Zonm~ O~i~m~ Art. III, Section 100-31 ( ) ~*~m~mu~ Application of FBANK E. BROP~Y, Second Street, New Suffolk, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of addition with insufficient front and side yard setbacks at property known as 75 Second Street, New Suffolk; bounded north by Pugsley and Grathwohl, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. ~SEE REVERSE SIDE} (SEE RE~ERSE SIDE) (b) The hardship created (t~) (is not) unklue and (would) (would not) be ~ared by all prop.-dies (SEE ~EVERSE SIDE) (would not) FORM After investigation and inspection, the Board finds that applicant is requesting approval of a deck which has been constructed with an insufficient frontyard setback of approxi- mately four feet and insufficient sideyard setback of approxi- mately eight feet at 75 Second Street, New Suffolk, Cutchogue, New York. The Board has found upon inspection that the 20% maximum permitted lot coverage has been exceeded, and the deck as is constructed is not within the character of the neighborhood. The Board does not agree with the reason- ing of the applicant, and there appears to be sufficient area in the rearyard for same. The Board finds that the circumstances present in this case are not unique, and that strict application of the ordi- nance would not produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will change the character of the neighborhood and will not observe the spirit of the ordinance. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that FRANK E. BROPHY, 75 Second Street, New Suffolk, New York, be DENIED a variance to the zoning ordinance, Article III, Section 100-31, in Appeal No. 2693 as applied for, and BE IT FURTHER RESOLVED, that the subject deck addition be removed within 60 days of the date of this decision. Location of Property: 75 Second Street, New Suffolk, Cutchogue, New York; bounded north by Pugsley and Grathwohl, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street. Co%~nty Tax Map Item NO. 1000-117- 10-20.?. Vote of the Board: Ayes: Douglass, Doyen and Goehringer. APPROVED Chairman Board of ~ls~/~' Messrs. Grigonis, Tuthill, RECEIVED AND FILED BY THE SOU'i~{OLD TO¥IN CLERK Town ~erk, %wn of ~uthold Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2922 Application Dated November 9, 1981 TO: Mr. Frank E. Brophy 1691 Temple Drive 75 Second Street Wantagh, NY 11793 New Suffolk, NY 11956 [Appellant (S) ] At a Meeting of the Zoning Board of Appeals held on December 17! 1981 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-31. [ ] Request for By this appeal, applicant seeks permission to construct a 10' by 12' deck addition at the southeasterly corner of the exist- ing one-family dwelling.' Applicant proposes a setback of not less than 6'6" from the front property line and approximately 10'6" setback from the southerly side property line. The premises in question is a parcel of land located on the westerly side of Second Street, New Suffolk, more particularly known as County Tax Map District 1000, Section 117, Bock 10, Lot 20.7, having an area of 7,231 square feet, road frontage of approxi- mately 66 feet and depth of approximately 100 feet. Applicant has previously applied to this board for approvals of a deck addition along the frontyard of the dwelling with a setback of three feet or less from the front property line. The board found that the deck addition originally applied in Appeal Nos. 2725 and 2693 exceeded 20% of the maximtua-permitted lot coverage required of the zoning code, and the variances were denied. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the application of Frank E. Brophy, Appeal NO. 2922, for a deck addition to dwelling with an insufficient front and side yard setback, be GRANTED AS APPLIED FOR. LO~=~~ ~ P~n~rty~ 75 Second Street, New Suffolk, NY; x 000-117-10-20 7 TP2E ~9~ ~,~p%r~./A~es: Messrs. arigonis, Doyen, Goeh- rlng~'~It~S~aei.~W~. ~;~A. ~ouglass was absent at the time this o Oluticn W o Opted.) / ATED: January/ , 1982.