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Home My WebLink About6211 APPEALS BOARD MEMBERS Gerard E Goehringen Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Lcslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 8E. CEIV D & Tel. (631) 765-1809 · Fax (631) 765-9064 '~oz~l"tx · 9 1 ~ ~ :,. MEETING HELD NOVEMBER 13, 2008 Southold Town Clerk ZBA # 6211 - ARTHUR and LYNN BOULANGER, Applicants PROPERTY LOCATION: 1150 Vanston Road, Cutchogue CTM 111-4-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 23,148 square foot parcel in the Agricultural'Conservation Zone District and is improved with a single-family one-story dwelling which has two front yards. BASIS OF APPLICATION: This application for a Variance under Section 280- 15 is based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory building (two-car garage) in a yard other than the code required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 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 - November 13, 2008 ZBA # 6211 - L. and A. Boulanger, Applicants CTM 1000-111-4-6 RELIEF REQUESTED: The applicants wish to build a two-car garage to house their vehicles. In order to obtain a permit for construction of an accessory garage they must apply for a variance, and the Building Inspector states that the construction of an accessory garage is not permitted pursuant to Article III, 280-15 because the proposed accessory garage on this corner lot will be located in the front yard. The site plan prepared by Nancy Dwyer (date stamped August 20, 2008) shows the proposed 24 ft. by 24 ft. two-car garage as an accessory structure located partly in the front yard with a 23'8" set back measured from the easterly front lot line adjacent to Wunneweta Road. In the Agricultural-Conservation District, accessory buildings and structures, or any other accessory uses shall be located in the required rear yard (subject to certain other height, setback and size requirements of the Code). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are faced with a dilemma because they have a corner lot with two front yards adjacent to town streets as a result of fronting on a street corner of Vanston Road and Wunneweta Road. The lot is fiat, and the 24' by 24' at 17'10" height to top of ridge will conform to the code size restrictions. The garage will be at least 23 feet from the front property lot line along Wunneweta Road and the westerly (rear) property line, which places the garage almost centered in the largest of applicant's yard areas when located 35 feet from the rear lot line. There is little choice for the applicant where a garage can be built to keep their vehicles out of the elements. The lot will be landscaped with many trees and plantings, and the location as proposed is similar to many other garages in the neighborhood similarly located. 2. Town Law §267'b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is long with 277 linear feet and narrow at 87 linear feet, and has a very small rear yard due to the angles of the dwelling as placed, and the lot's frontage along two streets resulting in two front yards. This proposed yard placement for a garage provides larger setbacks that exceed the minimum code requirement. This area gives the appearance of a usable rear yard with the larger setbacks, although the code states that a variance is required for the construction of an accessory structure in a front yard. Page 3 - November 13, 2008 ZBA # 6211 - L. and A. Boulanger, Applicants CTM 1000-111-4-6 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial because the property has two front yards, and one of the front yards is large and the only place for a two-car garage. 4. Town Law §267'b(3)(b)(5). The difficulty has not been self-created. 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. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-car garage addition, 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 Oliva, seconded by Chairman Goehringer, and duly carried, to Grant the variance as applied for, according to the drawings prepared by Nancy Dwyer, Design Consulting, Inc., subject to the following Conditions: 1) Setbacks not less than 23 ft. from the front lot line adjacent to Wunneweta. 2) Only electric is permitted; no indoor plumbing. 3) Accessory building use, for garage use and not for sleeping or habitation. 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 Page 4 - November 13, 2008 ZBA # 6211 - L. and A. Boulanger, Applicants CTM 1000-111-4-6 addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Memb~ger (C~irman), ~Oliva, Simon and Dinizio. Absent was Membe~i is ~s~. is~s.o~u~t/~/~ a duly adopted (4-0). C~(i~D P. GOEHRINGER, C~MAN ~/z~/2008 ~ed for Filing ~ , ,AXS= . FRONT ELEVATION LEFT ~IDE ~LEVATION o~ ~ ~oo~ ~ REVIEWED BY ~ ~ ~ * VA~ SEE DECISION l__ ~m~ m~'c.J ~ ,~ o.c. ~ ~~WA~ O~ OA~ OVEK 5LLL 5~g F~CH 5~ T~A~5 ~" DIAM~R ANC GAUGE WI~ ~OUNDATION WA~W/ BUILDING SECTION "A" ~CALE: ~" I'-~' AUG 2 0 BOAED OP APPEALS BACK, ELEVATION ~CALE: ¼"= linty RIGHT C~IDE ELEVATION SCALE: I,, _ I'-O" AUG 2 0 2008 -*,D OF~ P£,~L. PAGE: 2 U N EXCAVA L< ~ :, GARAGE 5LAB ABOVE i ** 4" POURED CONCP-.ETEBLAI~ FOUNDATION PLAN 5,/¢. ANCHOI( BOLT5 ~ 4b" O.C. (TYPICAL) A5 PEP-, TABLE R401 .4. J DAMP~OOP PE~METER. OP EOUNDATION WALl WALL L~GfiND. CWI4 NEW GA~AGf PITCH 5LAB TOWAP.9 l 2- J ~"× J J ~" LVL HE&DER ABOVE GAP. AGE EX)OR FLOOR PLAN SCALE: ~' - ILO" WALL LEGEND; 4' BP-JCK FACADE, 3'4~' UP ER.OM GRADE A~ SHOWN ON EleVATION5 PROVIDE 3- 14~ X 7 ¼' LVL HEADERS ABOVE ALl WINOOW~ U N ir:D5 OTHERWISE NOTED //-/lUll __z.~. FINAL MAP --~ IREVIEWED BY ZBA ~zr.. I SEE DECISION # l ~--~.z~ I _ ~l~mo~l DATED ~[I l[1~¢ ID~>Wl .- ....... 1 Sb l ~U~z , I ~Zzd~l --'~ // PAGE: 3 _0 S41dSG'W 97.10~ OLD COVE I OAD AUG 2 0 2008 BOARD OF AP?EALS INPORMATION TAIC~N ~P-.OM DURV~Y DATED AUGUST G, I ~ PR~?AR~D DY RODERJCK VAN TUYL, P,C, NANCY DWYER. ~~-L ~-- DEOIGN CONOULTING, INC. DOUTHOLD, NEW YORK. 11971 ANGER. R.ESIDENCE 63 I ,TG5.SGG7 ?P. OPOSED NEW;APJ~GE I 150 VANSTON:OAD CUTCHOGUE, N E\¥OP--J% DWG: 5CAL~: 51TE PLAN FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 23, 2008 TO: Nancy Dwyer for L Boulanger P O Box 632 Southold, NY 11971 Please take notice that your application dated June 10, 2008 For a permit for construction of an accessory garage at Location of property: 1150 Vanston Road, Cutchogue, NY County Tax Map No. 1000 - Section 111 Block 4 Lot 6 Is returned herewith and disapproved on the following grounds: The construction of an accessory garage, is not permitted pursuant to Article III, 280-15 which states: "In the AC... districts, accessor~ buildings & structures or other accessory uses shall be located in the required rear yard, subiect to the following requirements:" The proposed accessory garage, on this comer lot is located in a front yard. horized Signature APPLICATIOn) THE SOUTHOLD TOWN BOARD i~_A_~PPEALS For Office Use Only Fee:$ ~, 0'~ FiledBy.' ~ !~¢~b/L./ Date assigned/assignment No. Office Notes: HouseNo. 115° Street ~J&~3¢~LoD SCTM 1000 Section t ti Block L/Lot<s) I (WE) APPEAL TIlE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~-~,.~.tT~ BASED ON MAP DATED ~ .~- /G3;c~ Applicant(s)/Owner(s): L ~/~ lq ¢ /~t) ~L/q Or MailingAddress: Il ~O Xf~ G ~qq Telephone: 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: ~-~L~6~ ~/AJ~£(~ for (~) Owner, or ( )Other: Agent's Address: [570 (~O¢ ~- BOO'~O0 ~c~ Telephone ~' ~gq Fax#:Q~'~ 0~ Email: ~aOC~/dt,U~/t¢~¢(7~ ~g01 Please check box to spec~£y ~vho you ~vish correspondence to be mailed to from the above names: [] Applicant/Owner(s),or ~3~uthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED oC.~ ' ~ ct/ AN APPLICATION DATED ~.,~ · O& FOR: /'~-.~uilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for Ag-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.) Article T]-[ Section 280- ~ ~ Subsection Type of Appeal. An Appeal is made for: ,~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~as not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: zl~File g REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: re ired The benefit sought by the applicant CANNOT be achieved by some method feasible for the i¢r p s o '4' Thevar,a '0 o' .) 0.~r ~L~k{s /--~rZ~ /04. [ j 'nce will NOT have an adverse effec~ ~r impact on the p~sical 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: ~o. ~ Yes (~lease ~irnish coov). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~[~to eot/~t your attorney.) ~ Signdtur0tof Apffel~ant or Authoriz~Agent (Agent must submit ~n Authorization from Owner) Nota~ Public ~ QUN.JFIEO~SUFFOLKCOUWI~ Town of Southold Zoning Board of Appeals Main Road, Southold July 20m, 2008 Re: 1150 Vanston Road Cutchogue, NY 11935 SCTM: 1000-111-4-6 To Whom It May Concern: This letter is to hereby authorize Nancy Dwyer, of Nancy Dwyer Design Consulting, Inc., to file applications for permits and variances on my behalf, for the proposed garage at our residence in Cutchogue. TOWN OF~SOUTHOLD BUIIJDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net PERMIT NO. Examined ,20 Approved ,20 Disapproved a/c ~/2~-3]f ~If~ Expiration ~_~ROVAt vBUILD1NG P~ii~MIT APPLICATION CHECKLIST Do yotlll~ve 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: ~0 ?O0)c {a~.- Building Inspector APPLICATION FOR BUILDING PERMIT '\ Date O0/--)W }0 ,20 O~, \ INSTRUCTIONS a. This applicat, ion MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extenfiion of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION iS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the BuiLding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature df applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises /~D00C./,:,rtO3 ~ (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. I. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Lot ~9 Block ~ Filed Map No. Lot 3. Nature of work (check which applicable): New Building Repair Removal Demolition State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~t,~F~b~ ~/k-4c~,~ta~ t2~fl/'>~ b. Intended use and occupancy ,~i~ CC ~'Ut~ ~4~ ~C~. /5C Addition Alteration Other Work 4. Estimated Cost e~, 4cO~p~ Fee 5. If dwelling, number of dwelling units If garage, number of cars (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 exteoKof e~ll~t~pgtof~?r 7. Dimensions of existing structures, if any: Front Rear Depth Height_ Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions ~r~ew construction: Front c~ S / Rear Height ¢( ~9.~..',// Number o~ Storages 9. Size of lot: Front (ff"l-lO Rear ~:~/ .Depth Depth Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES )(~ NO 13. Will lot be re-graded? YES__ NO ~ Will excess fill be removed from premises? YES__ 14. Names of Owner of premises bsd~ [:3ool~(,;l~g~ Address Name of Architect ~-,~I~ T-Az~ff/~t~oCg-4 Address Name of Contractor (d~0g4g4¢ , _h?g,~4?g~'~ Address Phone No. Phone No Phone No. 15 a. Is this property within 100 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 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__ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF [-)/MO O~ ~-)lx)~{~-~_..~ being duly sworn, deposes and says that (s)he is the applicant (Name of in~tividual signing contract) above named, C0~NI£ D. BUNCH ~ Notary Public, State of New York (S)He is the ,...~,:~0!.B~.~1~..8~0.. ~.0. .... (Contract~)r, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Notary Public S~t~ature of J~l~plicant APPLICANT'S PROJECT DESCRIPTION __ (For ZBA Reference) Applicant: ~oc) ~ ac w~)~ ( Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~,D_ p~ . II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: cobt~ ~ o~ Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): l ~ ~ ~ lO Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~ ~0 Square footage of your lot: 0 ~ Icl 8 Percentage of coverage of your lot by building area: V. Purpose of New Construction: O_ Oa_~r S&(~.~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the dit'ficulty 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 617.21 Appendix C State Environmental Quality Review StlORT ENVIRONMENTAL/diSESSME~VT FOP, M PART I - ProJect Information (To be complete by Apphcm~t or ProJeCt sports r) t. Applicant / Sponsor 2. Pre eot N~me ~. Project Ioc,~tion: Mffnicipality Counly 4. Precise Iocatioo)(Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: (~NEW ( ) EXPANSION ( MODIFICATION / ALTERATION & Describe project briefly: Amount of land affected: .I Initially: acres; Ultimately: acres ¢.p. 8. Will proposed action colhlply with existing or other existing land use restrictions:( ) YE'S" ~.~NO If No, desedbe bdefly: 9 What is present land use in vicinity of project: (describe): (t~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) PaddForest/Open Space ( ) Other 10, Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Looal) ? ) YES ( If Yes, list agency(s) and permit/approvals: 11 Does any aspect of the action have a currently valid permit or approval? i) YES ( ) NO If Yes, list agency(s) and permit/approvals: 12 As a result of proposed action, w~ll existing permit/approval require modification? 1( )YES ( )NO If Yes, list agency(s)and permit/approvals: IX..) ' I certiCy that the information provided above is true to the best of my knowledge Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Is the subj-~ct premises listed on the real estate market for sale? [] Yes Are there any proposals to change or alter land contours? '5~o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses'? ¢ 0 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~J/~ E. Are there any patios, concrete barriers, bulkheads or, fences that exist and are not shown on the survey map that you are submitting? ~J0{O~,. (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? ~,J t9 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? }-J~' If yes, please label the proximity of your lands on your map ~vith this application. H. Please hst present use or operattons conducted at th~s parcel ~Xl~oO ~ (/yea}nples: existin~ngle-family; proposed: same with garage or pool,'or other description.) tu 2/05; 1/07 TRANSACTIONAL DISCLOSURE FORM APPLICAB~o OWNER, CONTRACT VENDEE ~AGENT: The Town of Southold's Code of'Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessaw to avoid same. (Last n ~_t/'L ~ , larst nal'rie, middle initial, unless you are applying in the name O~n~ else o~ other entity, such as a company. If so, indicate the other person or company name.) NATURE OF .'UPPLICATION: (Check all that apply.) Variance ~ Special Exception *Other Approval or Exemption .... fi'om 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? ,, ~ ~ncludes b3~ blood~_mamage, or business interest. "Bt~siness interest'~" means a business ~ ~~hich tt~e Town~office~~even a~partial ownershi~ ~~4t~ion~in wh~\~w-n officer or en_}~!o~y_ee own_s more than 5% of the ~liam~ _ YES NO__ ~ __ If you answered "YES'; complete the balance of this form and date and sign where indicated. Nmr~e of person employed by the Town of Sonthold: Title o~ position of'thai person: .......... Desc~Sbe that relationship between yourself (the applicant, agent or contract vendee) aod the Town officer or employee. Either check the appropriate line A through D (below) and/or descr/be the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): ____ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporati6n); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an ofticer, director, partner, or employee of the applicant;'or D) the actual applicant. DESCRIPTION OF RELATIONSItlP Submitted t is day Signature:~~---- Print Name 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 November 25, 2008 By Regular Mail and Fax Transmission 765-8665 Ms. Nancy Dwyer Design Consulting, Inc. P.O. Box 632 Southold, NY 11971 Re: ZBA# 6211 - Lynn and Arthur Boulanger Variance Application Dealt: Enclosed please find a copy of tho Zoning Board of Appeals determination rendered at the November 13, 2008 Meeting, and the original of which has been transmitted by our office to the Town Clerk for filing. Before commencing occupancy or construction activities, other agency approval(s) may be necessary, and you are requested to please follow-up with the Building Department for the next step in the zoning review and building permit/zoning application process. Thank you. Very truly yours, Linda Kowalski End. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 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 26, 2008 Zoning Appeal No. 6211 Transmitted herewith is Zoning Appeals No. 6211 of Lynn & Arthur Boulanger- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated June 23, 2008, 2 Pages (7 Photos) of Photos of Property Showing house and different sides, 1 Page (Both Sides) of Property Record Card, Authorization Letter from Lynn Boulanger to Nancy Dwyer to represent them in this matter, Copy of Survey Showing House and where all 7 Photos were taken, 3 Pages of Plans for Proposed Garage Showing Elevations & Construction Dated 8/1/08 Prepared by Nancy Dwyer, Design Consulting, Inc., Copy of Survey Showing House Dated August 6, 1984 Prepared by Roderick Van Tuyl, PC, Site Plan Showing Existing House & Deck & Proposed New Garage Prepared by Nancy Dwyer ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/22/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIYED BOULANGER, Lynn and 1086 $150.00 AU6 2 § 2008 6211 Arthur 7684 $250.00 ~out,hold Town Clerk $400.00 By ,.~_,/ Thank 'ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/25/08 * * * RECEIPT * * * ReceiptS: 28050 Transaction(s): 1 1 Application Fees Reference Subtotal 821 lA $150.00 Check~: 1086 Total Paid: $150.00 Name: Dwyer, Nancy A 273 N Country Rd Miller Place, NY 11764 Clerk ID: CAROLH Internal ID: 6211A Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/25/08 * * * RECEIPT * * * Receipt'8: 28049 Transaction(s): 1 1 Application Fees Reference Subtotal 6211 $250.00 Check#: 7684 Total Paid: $250.00 Name: Boulanger, Arthur N. 104 20 Queens Bv 51 Forest Hills, NY 11375 Clerk ID: CAROLH Internal ID: 6211 APPEALS BOARD MEMBERS 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 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, OCTOBER 30, 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~ OCTOBER 30~ 2008: 9:20 A.M. LYNN and ARTHUR BOULANGER #6211. Request for a Variance under Section 280- 15, based on the Building Inspector's June 23, 2008 Notice of Disapproval concerning a proposed accessory garage in a front yard, rather than the rear yard, at 1150 Vanston Road, Cutchogue; CTM 111-4-6. 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) 785-t809, or by email: Linda. Kowalski@Town. Southold.ny. us. Dated: October 3, 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 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ,,,,/. ~.2 VILLAGE DIST. SUB. ~.- LOT ~:.,,.-~I~~t S W TYPE OF BUILDING .~ ~ ES. ~ . :SEAS. / ~L. :ARM ZOMM. CB. MISC. Mkt. Value ~ ~ND IMP. TOTAL DATE REMARKS ~6/~ g/2~/~ ~0" ~ P~/~ ~ AGE BUILDI~G CO~DIIIO~ N~ NORMAL BELOW ABOVE FAR~ Acre Value Per Value Acre -illoble ~ 'illable 2 ~ 'illable 3 ~oodland ~wampland FRONTAGE ON WATER ~rushland FRONTAGE ON ROAD /~ ~ 2 ~ ~ louse Plot DEPTH ~ ~ ~ ~ ~ BULKH~D 'oral D~K )LOR 111.4-6 10/06 M. Bldg. Extension Extension :oundofion ~,,,('"k ~,. ,~.-() Walls Extension ? ~ ~ ~'~ Roof Porch Room BreezewQ )riveway Bath :loors nterior Finish ~eot Dinette LR. DR. Rooms {st Floor BR. ~ Rooms 2nd Floor FIN. B. ,, )// ZONING BOARD OF APPEALS TOWN OF SOLrrHOLD: NEW YORK In the Matter of the Application of (Name ~ Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ooo-1{I 5"- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POST[NO _, NewYork, heing duly sworn, depose and say that: / On the _r)- o'-'-'-'~ day of~(.Z;~'f , '21~_ ~,, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (I 0) feet or closer from the street or right-of-way (dr/veway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that tile Poster has remained in place for seven days nrior to O';at date of the subject he~ing date, which hearing date was shown to he ~~ -~O/~ ( ~tu Si re) ~- Sworn to before me day of (TD c~]-~ x. , 200 (Notary Public) I'lotar~ Public.State 8 ~ N0. 01BU6185050 Oual~ in ~k ~un~ . Commission Expires April 14, *near the entrance or driveway entrance of my property, as the area most visible lo passersby. #9041 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 16th day °f Oct°ber' 2008' ~,.~(~_ Principal Clerk Sworn to before me this dayo, 2o08 NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 ~-~,~ *,', ~ tfolk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 30,2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town o~ Southold, the following public hear- m~ will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 119714)959, on '~!]~.~bY~J )-C~ LOUCA ~6213. Request for Variances under SEctions 280-122A and 280- 124, based on the Building Inspector's amended August 8, 2008 Notice of Dis- approval concerning additions and al- terations to the existing dwelling, which create a new nonconformance and in- crease d~grees of existing nonconform- ing setbacks with regard to a single side yard at less than 10 feet and total side yard setbacks at less than 25 feet on this 10,454 square foot parcel. Location of Property: 475 Mkiam Road, Mattituck; 10:10 A.M. VINCENT LAROCCA 0620~ Request for Variances under Section 280-15, based on the Building Inspector's May 30, 2008' Notice of Dis- approval concerning as-built accessory structures in tho front yard, rather than a code-defined rear yard, at 185 West Creek Avenue, ~utchogue; CTM 103- 10'25A.M..lOAN E. SHANNON ~6214. Request for Variances under Sec- tions 280-122A and 280~12A based on the Building Inspector's August 1, 2008 No- rice of Disapproval noting a proposed demolition, renovations and additions, with an increase in the degree of non- conforming concerning a side yard set- back at less than 15 feet and total side yards at less than 35 feet, at 7080 Great Peconic Bay Boulevard and adjacent to Great Pec6nic Bay, Laurel; CTM 126- 10'.35 A.M. PATRICIA and ROB- ERT FRIEMANN S6217. Request for a Variance under Section 280-116B based on an amended application for a build- ing permit and the Building Inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single-family dwelling at less tfian 75 feet from the bulkhead ad- jacent to Little Creek, arid for which a stop work order was issued because of a change in the scope of the work and change since application submitted un- der ZBA 06139. Location of Property: 2935 Pine Tree Road, Cutchogue; CTM 10:50 A.M. PETER and SABRINA pEZZINO ~6210. Request for a Vari- ance under Section 280-124, based on · the Building Inspector's revised Octo- ber 6, 2008 Notice of Disapproval con-/ cerning a proposed new dwelling at less than 25 feet total side yards (and afler demolition of an existing dwelling), at 3120 Gfathwohl Road, New Suffolk; properties involved in this unmerger re quest are shown on the Map of Eastern Shores as: (l) CTM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2-28 with a house, of a nonconforming area of 20,602 square feet for L~M 33-2-28. Lo- cation: 1225 and 1135 Green Hill Lane, Greenport. 1.~0 P.M. STEVE and OLGA TENE- D1OS 06198. Request for Variances un- der Sections 280-124, based on the Build- ing Inspector's June 30, 2008 amended Notice of Disapproval gonceming a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated, and a proposed enlargement to connect the re- located house to the existing garage, The property has zero buddable land, being on the sea side of the Coastal Erosion Hazard Line. The Building Inspector's reasons for disapproving the building permit application are that the proposed construction will be: (1) !ess than 40 feet on a front yard; (2) less than 15 feet for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3) lot overage exceeds the code limi[atinn of 20% (100% lot coverage for zero build- able land area). Location of Property: 1625 North Sea Drive, Southold; CTM 1000-54-4-18 (adjacent to dunes and Long Island Sound). -1:30 P.M. (Continued Hearing): 2000 BROADWATERS LLC 86186. Request for a Variance under Section 280-124, based on the Building Inspector's May 12, 2008 Notice of Disapproval con- ceming a proposed new dwelling with a setback at less than the code-required 35 feet from the front lot line (after de- molishing the existing building), at 2000 Broedwaters Road, Cutchogne; CTM The Board of Appeals will hear all persons, or their representatiges, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hharing will not start earlier than designated above. Files are avail- able for review during regular busil~ess hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (631) 765-1809,br by emalh Linda.Kowalski@ Town. Southold.ny.us. Dated: October 9, 2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN 1L'00 A.M. F~TATE OF SUSAN BYLINDAKOWALSKI DELEO 1116229. Requested is a Lo~~' ¢~-~5~aill/R~ad (Office Location) Waiver under Section 280-11 to unmerge '-~; aq.~.~: Waln Road (Mailing/USPS) two properties based on the Building In- ~'": ~r''~' ~ !2; ~,; EO. Box 1179 spector's August 6, 2008 Notice of Dis- Southold, NY 11971-0959 approval, citing Section 280-10. The two 9041-1T 10/16 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from sen/ice label) [] Agent [] Addressee P~Mnt~cl Name) C. Date pf Delivery D. Is daiivery address different from item 19 L5 Yes If YES, enter delivery address below: [] NO 3. rvice Type [] 7008 0150 0002 7318 6741 , PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Also complete ~tem 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1, Article Addressed to: A. Signature /~ ~f .~ / Z~ ,/~ ~ [] Agent a. o v L y,(PM, D. Is dai~e~ ~d~ ~t ~m If YES, enter delive~ add~s ~low: 3. S ice Type ~1-1 Registered [] Insured Mall [] Express Mail [] Retum Receipt for Merchandise [] C.O.D. PS · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Signatu X [] Addressee C. Date of Delivery [] Yes [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7008 0150 0002 7318 6789 2. Article Number ('rransfer fiom ~e~vlce lab~ . PS Form 3811, February 2004 Domestic Return Receipt 102595-92-M~1540 ,r · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space parm~s,?~ . Addressed to. ., ~,~,; , 2. Article Number (Transfer from ~ervice label) PS Form 3811, February 2004 0 Agent [] Addressee by (Pdnted Name) I C. Date of Delivery Is'delivery address'~lt-ff~ 17 [] Yes ~ Certified MaLl n [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) r-I Yes 7008 0150 0002 7318 6765 Domestic Return Receipt 10259~02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Sign ture B. Received by ( Pdnt~ N~me) J (j~J)~te ot Delivery D. is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type _/J~:~artified Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restdsted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) 7008 0150 0002 7318 6772 PS Form 3811, February 2004 Domestic Retum Receipt 102595~)2-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (N ~e of~pplicants) COUNTY OF SUFFOLK) STATE OF NEW YORK) AlqqDAVIT OF MAIl INGS [, /g/wr, cj ]~,./e r residinga/ Soo*tiao~,:~ o New York, being duly sworn, depose and say that: On the /~ _day of ~c/ ,~owa , Ipersonally ~nailed at tile Un/ted States Post O~ce in fin u~ ~ Id . New York. by CERT~IED MAIL. ~T~N RECENT REQUES~D. a tree copy of the a~ched Legal Notice in prepaid enveloims address~ to ct~e~}t o~)e~s sho~ on the cugent ~sessment roll verified ~om the o~cial r~r& on file wm~ me.Assessors, or ( ) Coun~Real Property Office ~ '~ho/d~ ~ . for eve~ prope~}vhi?~ abuts, and .~s across a public or priv¢;.e street, or vehicular righl~ol~way of record. surrounomg tim applicant s pro~y. ' Sworn to before me this )/o~/q day of O~ . 200 ~ (Notary Public) CONNIE D. BUNCH Notary Public. State of New York No. 01BU6185050 Quailed n Suffolk County commiss on Expires April 14, PLEASE list. on the back of this AlTldavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. 0%'1 Certified Fee Return Receipt Fee (Endorsemen~ Required) Res gcted Delivery Fee (EndOrsement Requ red) j. Total Postage & Fees P~'~--r',-to/o &,w~ ¢,4~_/?...~_._..:_ ........... ...... LI-.!---!---~ ................................. o~ PO .OX No..~.._..~_:_~...~_._.~__.v. ................................ Postage Cer[ified Fee Return Receipt Fee (Endorsement Requked) Total Postage & Fees $ $5.~. 10./16 ....... ......... Post,ge $0,42 0971 Ceriified Fee Return Receipt Fee $2~) ' (E.dorsement Req,,red) (Endorsement Required) Total Postage & Fees $ Postage $ $0.~2 0~1 Cer~ilied Fee ~2.?0 02 Postmark Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BOULANGER, L. & A. #6211 MAP # 111-4-6 VARIANCE YARD LOCATION REQUEST ACCESSORY GARAGE DATE: THURS, OCT. 30, 2008, 9:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October~, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, October 30, 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 October 13th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al/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 arranqements were made in either a written statement, or during the hearing, prov d n.q the returned letter to us as soon as possible; AND not later tha~ Oct. '17th:' Please eiiher mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 22nd: 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 Posting for receipt by us by October 29, 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. O~ffice Locatioo: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordhtg) REFERENC,~:: .... [] I1EG1 NI' [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTI,]D [] NOTES/COMMENTS: Please fred attached copy/copies of the following: Thank you. Sendefslnifia~: