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HomeMy WebLinkAbout6216 APPEALS BOARD MEMBE1; Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box I I79 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED '.27 DEC 9 2008. FINDINGS, DELIBERATIONS AND DETERMINAT]~I~:hO[i~ ']'OWll ¢l~rk MEETING OF DECEMBER 4, 2008 ZBA it 6216 - THOMAS and MARY IRENE MARRON, Applicants Property Location: 3125 Wells Avenue, Southold CTM 70-4-10 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. LWRP: This application is exempt under Town Code Sections 268A and B. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 22, 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 applicant's property is shown as Lot 10 on the Map of Plan Filed November 28, 1927 for George H. Wells, Suffolk County Map File # 859. The property contains 25,640.80 square feet (when calculating the beach grass and shore land adjacent to the high water mark of Jockey Creek), and is improved with an existing foundation and wood frame floor, and accessory garage foundation, as shown on the August 11, 2008 survey prepared by Nathan Taft Corwin III, Land Surveyor. BASIS OF APPLICATION: This request for Variances under Sections 280- 116B and 280-124 is based on an application for a building permit with amended plans to allow new construction instead of additions and alterations to the dwelling as applied and granted on 1/10/08 under ZBA it6110. The Building Inspector's August 20, 2008 Notice of Disapproval states that the Page 2 - December 4, ~ ZBA # 6216 - T. and M. Marron, Applicants CTM 70-4-10 former dwelling was demolished, and a new single-family dwelling is proposed as amended. ZBA File No. 6110 was a request for additions and alterations to an existing dwelling at less than the 15 feet on one side, and ZBA #5797 was a request for additions at less than 75 feet to the existing bulkhead and adjacent to Jockey Creek. AREA VARIANCES REQUESTED: Demolition of the single-family home and request for approval of the setbacks of the foundation with additional improvements for a single-family dwelling, with a single setback on the west side at 12.0 feet and on the east side at 15.6 feet, for a combined side yard setback area of 27.6 feet. Also noted by the building Inspector in the October 30, 2008 Notice of Disapproval is a proposed set back of 46 feet measured to the riprap wall or bulkhead, and an accessory garage in front yard area, at 9 feet measured from the existing foundation to the west side property line at its closest point. 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: 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In this case, an application for similar setbacks was granted by this Board on December 27, 2005 and again on January 8, 2008, however, upon submission of a revised survey to the Building Inspector found changes in construction circumstances and in distances that the Board was not able to consider previously. This Appeal is an attempt by the contractor to define each and every distance confirmed by the surveyor at this time for the existing foundation of the dwelling construction, but also for the garage proposed with a one foot setback reduction from the side lot line at 9 feet instead of 10 feet. The dwelling that existed (now demolished) had nonconforming side yard setbacks at 12 feet on the westerly side yard and 15.6 feet on the easterly side, instead of the code requirement of 15 and 20 feet respectively. The property is 70 feet wide. The changes in the setbacks Page 3 - December 4, ZBA # 6216 - T. and M. Marron, Applicants CTM 70-4-10 are minor and will not affect the neighborhood, since the area consists of similar types of homes, at similar setbacks and similar sizes. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant cannot be achieved by some other method for the applicant to pursue for the as-built foundation. The site maps and diagrams with building details and setback information on the maps filed with the Town were used by the contractor incorrectly, resulting in a stop work order of an active building permit (issued on January 16, 2008 for additions and major alterations and a new accessory garage). 3. Town Law §267-b(3)(b)(3)(3). The amount of relief requested is not substantial. The modified setbacks for 12.8 feet on the west side and 15.6 feet (combined 28.4 feet) on the east side of the new dwelling do not increase the degree of nonconformity at 12 feet and 15.7 feet (27.7 feet combined) that was granted under the previous variance applications. The angle of the garage at the westerly side shows a small amount of the garage at one corner at 9 feet from the lot line, while the opposite corner of the garage will conform at 15 feet. The variance results in 10% of a reduction from the code required 10 ft. setback for the garage. 4. Town Law §267-b(3)(b)(3)(5). The difficulty has been self-created. The applicant has the opportunity at this time to make the setback comply but chooses instead to rebuild on the existing footprint. 5. Town Law §267-b(3)Co)(3)(4). The Board finds that the present application will not impact this neighborhood which consists of similar homes at similar setbacks and lot sizes, nor will it compromise either the physical or environmental characteristics of the immediate neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling and garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, to Grant the variances as applied for, based upon the survey revised August 11, 2008 by Nathan Taft Corwin III, Land Surveyor, and elevation diagram A102 prepared 08-08-08 by James J. Deerkoski, P.E. Page 4 December 4, ZBA # 6216 - T. and M. Marron, Applicants CTM 70-4-10 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. Board: Ayes: Memb~oehri_n~n), Old,va, Votesimon,Of andthe Weisman. This~lution ~~d~)/ / Gy~'a~ P~hringer, C~air~ ~pproved for Filing 12/~/2008 Dinizio, NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM. 2. EXISTING CONTOUR LINES SHOWN THUS: lO---- 3. EXISTING SPOT ELEVATIONS SHOWN THUS: ¢,9 ~-R~-CEIVED REP 3 2008 CERTIFIED TO: FIRST AMERICAN TITLE INSURANCE COMPANY Of NEW TITLE No. 141-S-8665 MARY IRENE BURNS YORK Nathan Taft Corwmn III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 TEE EXISTENCE OF EIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, FINAL MAP REVIEWED BY ZBA see DEC,S,O. # DATED I J SURVEY OF LOT 10 MAP OF PLAN OF LOTS OWNED BY GEORGE H. WELLS FILE No. 859 FILED NOVEMBER 28, 1927 SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-10 SCALE 1"=20' SEPTEMBER 15, 1994 AUGUST 8, 1995 (UPDATED SURVEY) SEPTEMBER 13, 1995 (REVISED AS PER SUFFOLK ENVfRONMENTAL CONSULTrNG, Inc.} AUGUST 11, 2008 FOUNDATION LOCATION & STAKE WEST PROPERTY LINE AREA = 25,640.80 sq. ff. (TO TIE LINE) 0,589 ClC. PROPERTY OW~IRENE 8UR~% ~ (, 5:~'~ WELLS AVENUE ~.~ '~ / / / / / '%. 94-~70] ALL CONSTRUCTION IS TO MEET OR EXCEED AU. REQUIREMENTS OF THE BUILDING CODE OF NEW YORK STAT[, AND THE AMERICAN FOREST &: PAPER ASSOCIATION (AF & PA) WOOD FRAME CONSTRUC'flON MANUAL (WFCM) FOR ONE AND TWO FAMILY DWELUNGS, 2001 SBC HIGH WIND EDITION, -RECEIVEP , [ONING BOARD O~APPEALSJ MARRON RESIDENCE WELLS AVE. SOUTHOLD, NEW YORK GENERAL NOTES = - G101 s,..so. ~o.~-~E oo..EcTo.s - s. Eo,.~o Fo. oo.~uo~0..~..~o..__ ~~'" ' ' ~.~~ "~~ ' ~ 'RESIDENcEMARRON ' " ~ ~ ~ ........ ~ ~LLSAVE. ~ ~ ~ ~'= ~= -~. SOU~OLD, N~YORK D~ "~" mHIIm .ch end ~, [~on S~.~-~ DET~ "K" - -~_,- .,,__ .... ., - ,-, ,- . . m.,.. ~~ ~ ~ ~A Ra~ SYST[M GENE~L NOTES RIGHT ELEVATION LEFT ELEVATION RECEIVED SEP 3 2OO8 ZONING BOARD OF APPEALS ~ MARRON RESIDENCE WELLS AVE. $OUTHOLD, NEVi/YORK ELEVATIONS FRONT ELEVATION REAR ELEVATION RECEIVE[ SEP 3 2oo ARD OF SEE MARRON ;IDENCE WELLS AVE. NEW YORK BY Z. BA ELEVATIONS L STIN FOUNDATION PLAN LOCAI~ON OF NEW FOUNDA'I1ON. IF EXIST1NG EOUNDA'~ON IS TO BE USED INSURE THE FOUNDATION ~S LOCA~ON OF RECOM£NDED ACCESS OPENINGS IN NEW FOUNDA~ON INTO NEW CRAWL SPACE. PRO. DE GIRDERS AS NOTED. NEW c~wt. ~pAC~ , RECEI-~/ED SEP 3 2oo8 ZO.__.~, BOARD OF APPEA~ MARRON RESIDENCE WELLS AVE. $OUTHOLD, NEW YORK FOUNDATION PLAN ~ ~,A A103 ) FOYER STUDY GUEST BEDROOM : I FIRST FLOOR PLAN I NEW WALLS RECEIVED SEP 3 APPEALS T MARRON RESIDENCE WELLS AVE. SOUTHOLD, NEW YORK FIRST FLOOR PLAN ROOF PLAN SEP 2 2008 MARRON RESIDENCE WELLS AVE. SOUTHOLD, NEW YORK ROOF PLAN CROSS SECTION A RECE!'~z~.b SE~ 3 ZONING BOARD OF APPEALS MARRON RESIDENCE WELLS AVE. SOUTHOLD, NEW YORK GABLE VENT DORMER DETAIL CROSS SECTION B CROSS SECTIONS CROSS SECTION C CROSS SECTION D CROSS SECTION E RECEIVED SEP 3 ZONING BOARD OF APPEAL MARRON RESIDENCE WELLS AVE. SOUl'HOLD, NEW YORK CROSS SECTIONS "'-=' [A107 CROSS SECTION F --R-~CEIVE D SEP 3 2008 ZONING BOARD OF APPEAl MARRON RESIDENCE WELLS AVE. $OUTHOLD, NEW YORK ATTIC OUEST BEDROOM T qUEST CROSS SECTION G CROSS SECTION H CROSS SECTIONS TO: Bay Creek Builders (Matron) PO Box 602 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 20, 2008 AMENDED: October 30, 2008 Please take notice that your application dated August 19, 2008 For construction of a new single-story single family dwelling and accessory garage at Location of property: 3125 Wells Avenue, Southold, NY County Tax Map No. 1000 - Section 7~0 Block 4 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXHI, Section 200-124~ which states that non-conforming lots, measuring between 20,000 and 39~999 square feet in total size require a minimom single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction the dwelling will have a single side yard setback of 12 feet and a total side yard of 27.7 feet. In addition, the construction is not permitted pursuant to Article XXII~ Section 280-116B~ which states~ "All buildings located on lots upon which a bulkhead~ concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other that sounds~ shall be set back not less than seventy-five (75) feet from the b,lkhead." The proposed construction (from the deck) notes a rear yard setback of 46 feet from the b.lkhead. In addition, the proposed accessory garage is noted as being pursuant to Article lilt Section 280-15 (C), which states, "In the case ora waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet front yard setback requirements as sef forth by this code and the side yard setback requirements for accessory buildings in Section II above." Pursuant to Article 11I, Section 280-15 (Bh the required side yard setback is 10 feet. The proposed acce~ge-is-not~as being 9 feet from the side yard line. T'his N°tice °f Diiap~r°val/~as amended at the request °f the ZBA °n Oct°ber 30, 2008' / / / Note to Applicant: An>. change"or.~kviafion t_o ~he above referenced application, may require fiwther review by the Sonlhold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Bay Creek Builders (Marron) PO Box 602 Cutchogue, NY 11935 SEP - 2 ~ 20, 2008 Please take notice that your application dated A._u __ _ For amendments to permit ~33599Z to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 3125 Wells Avenue, Southold, NY County ]'ax Map No. 1000 - Section 7_~0 Block 4_ Lot 10 Is returned herewith and disapproved on the following grounds: The proposed amendment, as well as the construction to this point, is not permitted pursuant to ZBA /-~ ,'~-~6110 & #5797.(January 10, 2008 & December 27, 2005 respectively) issued for variances pursuant to ~'.... A~/Article XXIlI, Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size require a minimum sinele,_si.de yard setback of 15 feet and a total side yard setback of 35 feet, and Artcile XXII, Section0-116B~hich states, //"All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other that sounds, shall be set back not less than seventy five (75) feet from the bulkhead." The variances allowed for a 12.8 foot singlgf~ide ya~d s~oack and a 46 foot setback from based on plans dated September 12, 2007, ~Strang, Architect. The existing dwelling has been demolished and the new proposal constitutes the construction of a new single family dwelling. ~ Notice of Disapproval was written based upon a stop work order issued August 18~ 2008 by the S~utlgdd-Tuwn~B,uilding Department. Z~d'SignTre Southold Town BuildNOte tO Applicant'' ~;~;npga~he above referenced application, may require f~..e;ire:i:~.Ab.y the F()RM NO. 3 NOTICE OF DISAPPROVAL DATE: August ~ TO: Bay Creek Builders (MarrOn)cutchogue,PO Box 602Ny 11935 Please take notice that your application dated August 1 s For amendments to permit #33599Z to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 3125 Wells Avenue, $outhold, NY County Tax Map No. 1000 - Section 713 Block 4 Lot 113 Is returned herewith and disapproved on the following grounds: The proposed amendment, as well as the construction to this point, is not permitted pursuant to ZBA #6110 (January 10, 2008) issued lbr additions and alterations to a single family dwelling. The existing dwelling has been demolished and the new proposal coustitutes the construction of a new single family dwelling. ~isapprovat-wa~writtcn based upon a stop work order issued August 18, 2008 by This Authorized Si~natur~______~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVFr~ SEP ~ [ONING BOARD OF APP,:ALS RECE~V~ SEP ONING BOARD To: FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY NOTICE OF I)ISAPROVAL Garrett Strang for T & M Marron P O Box 1412 Southold, NY 11971 Date: September 27, 2007 Please take notice that your application dated September 24, 2007 For ~rmit for an addition & accessory garage at Location of property at 3125 Wells Avenue. Southold, NY County Tax Map No. 1000- Section 70 Block 4 Lot 10 ls returned herewith and disapproved on the following grounds: The construction of the addition on this lot in the R40 Zone is not permitted pursuant to Article III Section 280-124 which states: "This section is intended to provide minimum standards for granting ofa buildine ~ermit for the vrincinal buildings on lots which are recognized by the town under 280-9 are nonconforming & have not mereed nursuant to 280-10." The required side yard setback is 15'. The survey indicates the proposed addition to be setback 12.8' A change in the scope of the work within the ZBA' s jurisdiction necessitates this notice of disannroval. The property received previous approval for additions within ZBA decision #5797. 'Authorized Signature APPEALS BOARD MEMBERSO James Dinizio, Jr. Gerard E Goehringer Chairman Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road o 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 I 1971 http://southoldtown.north fork.ne! ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R~(~EIVED ~.N 16 . FINDINGS, DELIBERATIONS, AND DETERMINATIO~olhold Town Cle~ MEETING OF JANUARY 10, 2008 ZBA FILE # 6110 NAME OF APPLICANT: THOMAS and MARY IRENE MARRON PROPERTY LOCATION: 3125 Wells Avenue, Southold CTM 70-4-10 SE~DRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 3, 2007 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 FACTSfDESCRIPTION: The applicant's 25,641 square foot parcel has 70 feet along Wells Road and 248.51 feet along the easterly side lot hne, and is improved with a single-story frame house with garage and rear deck, as shown on the September 15, 1994 survey, updated September 13, 1995 by Joseph A. Ingegno. BASIS OF APPLICATION: Request for Variances under Sections 280-124B and 280-124, based on an application for a building permit and the Building Inspector's September 27, 2007 Notice of Disapproval, concerning a proposed addition to the existing dwelling as living area (instead of garage area applied for under ZBA #5797-2005), which addition as modified will be less than 15 feet on a single side yard. RELIEF RE©UESTED: The apphcant proposes to build additions to an existing dwelling and an accessory garage with a proposed side yard setback of 12.8 feet for the dwelling where the code requires 15 feet. ADDITIONAL INFORMATION: ZBA Decision #5797 dated December 27, 2005 approved a deck addition on the southerly side of the applicant's existing dwelling at 12 ft. deep and with a 48 ft. setback from the rock revetment along Jockey Creek. It also granted variances for additions and alterations with side yard setbacks totaling 25.7' where the code requires 35' and raising the roof to create a Page 2 - January 10, ZBA File No. 6110 - T. and M. Matron CTM 70-4-10 1½ -story dwelling. Subsequent to this decision, the owners/applicants decided to reduce the scope of their proposed project which will also reduce the degree of non- conformity, and the Building Inspector requires verification from the Board of Appeals that this reduced scope of work, as amended, is in compliance with the intent of the original relief granted. The new proposal reduces the degree of non- conformity as follows: 1. The existing roof will remain as is with only the addition of decorative dormers. 2. The deck on the south side of the property will be reduced in size and set back 49' from the rip rap. 3. The proposed 1½ story addition to the Northeast side of the dwelling has been reduced in size and will only be one-story in height. 4. The proposed 1-1/2 story garage addition on the Northwest side of the dwelling has been reduced in size will now be used for living space and be one-story in height. 5. The attached garage addition has been eliminated and a detached 24' x24' accessory garage is proposed with a 62' front yard setback and a 10' side yard setback at the nearest point to the property line. This proposed accessory garage is in conformance with Town Code because the proposed 5' x 10' open breezeway noted as a "roofed over walkway" on the site plan submitted, is less than the 10' x 8' size permitted by Town 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 reduction of the height of the proposed additions and alterations from 1½ story to 1 story and the maintenance or enhancement of rear and side yard setbacks to 49' and to 12.8' respectfully will continue to have no adverse impact on the neighborhood. 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 because the house is existing and the proposed addition on the northerly side is in a location with a diminishing side yard due to the shape of the property 3. Town Law ~267-b(3)(b)(3). The variance granted herein is substantial but less than the relief previously granted. 4. Town Law ~267-b(3)(b)(5The difficulty has been self-created because the applicant has chosen to build an addition in an area that is non-conforming 5. Town Law ~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Page 3 - January 10, ZBA File No. 6110 - T. and M. Matron CTM 70-4-10 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carried, to GRANT the variance as apphed for, and shown on the amended site plan # SP-1A issued 9-12-07, and undated floor diagram A-2, undated elevation diagrams A-3, and 0-2, date stamped November 14, 2007, prepared by Garrett Strang, Architect. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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: Ayes: Members Goehri~)~ini~o, Oliva, Simon, n We m n. Approved for F~ng 01//~/2008 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: September 7, 2005 TO: Garrett Strang for T & M Marron PO Box 1412 Southold, NY 11971 Please take notice that your application dated September 1, 2005 For a permit for new additions to a single family dwelling, at Location of property: 3125 Wells Avenue, Southold, NY County Tax Map No. 1000- Section 70 Block 4 Lot 10 ls returned herewith and disapproved on the following grounds: The proposed construction of additions to a single family dwelling on a non-conforming, 25,641sq. fl parcel, is not permitted pursuant to ArticleXXlll Section 100-239.4B, which states: All buildings or structures located on lots upon which a bulkhead.., exists & which are a_diacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." of/to The existing survey indicates decking construction at a distance tile bulkhead. Furthermore, the proposed additions are non-conforming per 100-244 which states that lots between 20,000 and 39,999 require a minimum setback of 15'; combined 35'. The survey indicates side yard setbacks of approx. 10.1' minimum; combined 25.5'. Total lot coverat4e is less than 20 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION $oelhold Tow~ MEETING OF DECEMBER 27, 2005 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 ZB File 5797 - Thomas and Mary Irene Marron Property Location: 3125 Wells Avenue, Southold CTM 70-4-10 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 25,641 square foot parcel has 70 feet along Wells Road and 248.51 feet along the easterly side lot line, and is improved with a single-story frame house with garage and rear deck, as shown on the September 15, 1994 survey, updated September 13, 1995 by Joseph A. Ingegno. BASIS OF APPLICAT!ON: Building Department's September 7, 2005 Notice of Disapproval, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to construct proposed additions to the existing dwelling. The reasons stated by the Building Inspector in the denial are: (1)that the distance to the rip rap structure is less than 75 feet, and (2) the proposed additions are less than the code required minimum setbacks of 15 feet on a single side and combined side yards of 35 feet. The setback to the rip-rap (rock revetment) is shown at 46 feet on the site plan (undated SP-I) prepared by Garrett Strang, Architect, with proposed extensions on both sides of the existing 15' x 14' deck (and shown on the survey at 48 feet). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence was presented. Based upon ail testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant seeks relief for additions shown on the site plan prepared by Garrett Strang, R.A. stamped by the ZBA Oct. 13, 2005, described as follows: (1) add a 46'x14' unenclosed deck at the southeast corner of the dwelling from the rock revetment, (2) 8.5'x14' unenclosed deck at 22+- feet from the westerly side line (20' to the proposed minor step area); (3) 1-1/2 story addition 8.4' x 51.1 feet at 15,7 feet from the easterly side line at its closest point; (4) 1-1/2 story 21.7'x16' addition on the north side of the dwelling , 15.56 feet from the side line at its closest point; (5) 1-112 story 24'x26' new garage/addition on the north side of the dwelling, 10.1 feet from the side line at its closest point. REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted and psrsonal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is currently nonconforming with 12 ff. westerly side yard and 15.6 ~age 2 - December 27, 2005 I ZB File Ref. 5797 - T. and M. Marro'l'~ CTM 70-4-10 easterly side yard, instead of the code required 15 and 20 fl. minimum. The property is narrow at 70 feet in width at the northerly road side of the property. Attaching the garage to the dwelling as an addition will be more favorable than locating it as a separate structure closer to the read, and maintaining the same side setbacks of the dwelling will not be an undesirable change. The proposed additional new deck area behind the home is very large at 14' for the entire length of the home, and a 12' deck as an alternative for the same length will bring the setback into more conformity with the code required setback from the rip-rap under Code 100-239.4B. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance with respect to the additions at the northerly side of the dwelling. 3. The variance granted herein is substantial. The relief requested is a 29% reduction of the code required 35 feet total for combined side yards (15 and 20 ft. on each side). 4. The difficulty was self-created when plans were designed to enlarge the home, add a larger deck, and to build a garage in areas that have been nonconforming for many years. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Dinizio, seconded by Chairwoman Oliva, and duty carried, to DENY the requested 14' deck areas at 46 feet fi`om the rip-rap shown on the site plan prepared by Garrett A. Strang, and to GRANT alternative relief for a maximum of 12 feet for proposed decks along the south side of the home (instead of the requested 14 feet), increasing the setback two feet (from 46 feet to 48 feet from the rock revetment), with the Condition that the deck areas shall be open to the sky; and to GRANT a variance with respect to the additions at the north side of the home, as applied for, and shown on the site plan (undated SP-1) prepared by Garrett Strung, R.A. date stamped by the ZBA Oct. 13, 2005. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. Resolution was duly adopted (5-0). C~ A~ ~ ~)t' Ruth D. Oiiv~, C'~airW~'n~'en - 11 20106 Approved for Filing This SURVEy OF LOT 10 GEORGE H ~fELLS SOUTHOLD APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee:$ ~, fFiled By:~. C Date Assigned/Assignment No. . ~ONiN · ':~1 ~.~ ;on;lNG BOARD OF APPEAL ParcelLocatmon: HouseNo. Street V~M,$ ~ Hamlet SCTM 1000 Section '~ Block~.Lot(s) ~ 0 Lot Size ' ~q A Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR ISSUED AND DATED: /~&~T 9.~; Applicant-Owner(s): q'~lq ~ I~x/~9-'( 'l:;gk'l~ Mailing Address: L(o ~Z~ffl j_ Telephone: q'{3 'ql~-~- ~.bOc~ Fax: Email: Cell: NOTE: Ifappllcantis not thcowncr, stateifapplicantisowner's aUorney, agent, architect, buildcr, contract vendee, c~c. Authorized Representative: O~,o~. ~t-C~ !~.~ ~p..~"-~_ ~ Address: ~,~. ~ ~o~. ~o6~ ~. ~t~3~ Telephone: ~ ~- ~% Fax: G~[ ~]~-g~O Emaih ~o&~C6~ ~ ~,(~ Please specify who you wish co~pondence to be mailed to, from the above listed names: D Applicant/Owner(s) ~uthorized Representative D Other: WHE~BY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ ~ [~ [o~ FOR: ~uilding Peril D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D E Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed: (Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code.) Article ~ Section 280- ['Lq Subsection Type of ~ppeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~has [] has not been made with respect to this property UNDER Application # .['~Year%~-x~' . Page 2 Application by: ~ Office Notes: Assigned Application No. Pad A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than.an area variance, because: T~' (3) The amount of relief requested is not substantial becaus,e: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~ ~ 6~: ~ ~. F-x~e,~ com~ (5) Has the variance been self-created? ( ~Yes, or ( ) No. If not, is the construction existing, or as built? ( ) Yes, or ( ) No, (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ~)/Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherw~ceed to the signature and notary area below. Signature of Ap~-C~nt or ]-Authorized Agent Sworn to before me this ~-~ (Agent must submit Authorization from Owner) day of .~.~.~'-~.~ ....... 2003. (Notary Public) ZBA App 9/30/02 AU~IA WALKER Nota~ Public, State of New York No. 01WA6153064 Qua ifie6 in Suffolk Coun~ ~ommission Exp res Sept. 25, ~-~ \~.'. Application by: Office Notes: Page3 ~ Assigned Application No. Part B: REASONS FOR USE VARIANCE (if requested~: ~ZONING BOARD OF APPEALS / For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing}: 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: {describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply lo a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( } Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.} Otherwise, please proceed to the sJ.qnature and notary area below. Sworn to before me this day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Notary Public} ZBA App 9/30/0Z Aug '27 08 1114a ,!973~17557 p 1 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~.~, September 22, 2008 SEP 2 9 2008 BOARD OF APPj~AL~_~_S ! THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local detennination 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) Jacobs & Gates '- /6206 X/ Larocca v"6208 ~/ -~(b[I Pezzino ,/~210 ~'z Terzis v/6212 Marron d6216 Friemann ~6217,X/ Geitz ,z/6218 ,Xv Gama Deer Park h~c. v"'6219 ~( / Franeker Investments, htc. / 6220 -'~ ~ Kaplan '/~5221 ~( ,/ Krlis ¥ 6222,Y 7 Messina (¢/~ -' ,/ Romanelli Realty - ¢~6224-v z b' Very truly yours, Thomas Isles, AICP Director of Plam~ing TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAJLING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P, O. BOX 6100 (631) 853 5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853 4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, NY' 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved Disapproved a/c ,2O Expkafion ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Pemfit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector · -,.~t..{~ APPLICATION FOR BUILDING PERMIT Date - · INSTRUCTIONS a, This application MUST be completely filled in by typewriter or in imk and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code2~d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. / x~ _ (Signatu~ant or nam"~'-~, 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 ~l~k~,~ ~(k*'l~,~' ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block o~e q Lot Filed Map No. q"43o*~ Lot State existing use and occupancy of premises and intended use and occupancy of proposed, construction: a. Existinguseandoccupancy 31~6 L6- FCcrqt ~,~ L Estimated Cost ~'5'-D; ~6- ;. If dwelling, number of dwelling units If garage, number of cars b. Intended use and occupancy Nature of work (check which applicable~l~n~.gfl Repair Removal Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor i. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Dimensions of entire new construction: Front Rear Depth Height Number of Stories Rear Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 1 1. 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 W/Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES /NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS;,~tAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 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 4~.64q*-t~) .l~:~t-~ PA'¢~t(%4~'~J being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. [~JNCH Notary Public, State of New York (S)He is the ~Ok~Tora-- No. 01BU618fi050 (Contractor, Agent, Corporate Officer, etc.) Commi~i0n Expir~ April 14, 20_~ of said owner or owners, and is duly authorized to perfom~ 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. Sworn to before me ttfis~ 1~4fq day ~o f~ 20F)~' Notary Public Signa'fiT~ur~plicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33599 Z Date JANUARY 16, 2008 Permission is hereby granted to: MARY IRENE MARRON 26 RANDALL DRIVE SHORT HILLS,NJ 07078 for : ~DITIONS/ALTERATIONS TO AN EXISTING DWELLING AND NEW ACCESSORY GAPJ%GE AS APPLIED FOR PER DEC, TRUSTEES, ZBA. 2 COS REQUIRED. at premises located at 3125 WELLS AVE SOUTHOLD County Tax Map No. 473889 Section 070 Block 0004 Lot No. 010 pursuant to application dated D_ECEMBE__R 27__, 20__07~~y the Building Inspector to expire on JUNE~ . ~ , , 27, .~--~ ) Fee $ 970.40 ORIGINAL Rev. 5/8/02 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) SEP ,'~ Date Prepared: Au~_~ r ~9, ~o~ _ ZONING ~OARD OF Applicant: ~to~ ta4o r~ta~ lh~tsl~ 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: 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: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: '~!NC~q' S"rl~-f _ ~.%t~ ~ ~4r~: Pexas% IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 7-, 8 0 $ Proposed increase of building coverage: '2.~q ~ -q~_~.,tnltr ~ Square footage of your lot: Z~, /,,ql _<~. ~,~q. ~ ~ Percentage of coverage of your lot by building area: ~ o{ e, lo V. Purpose ofNew Construction: P~oO ~t.~rl~ ~:,~ 5m~'~-, L~a./cg&g g~rfl ~ VI. Please describe the laud contours (flat, slope %, heavily wooded, ~narsh area, etc.) on },our land and how it relates to the difficulty in ~neeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), aud photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RFqE VED SEP 3 2008 Z, ONIN¢ l~OAaO OF APPEALS All applicants for pe~its* including Town of Southold agencies, shall complete tt~ CC~ for proposed actions that are subject to the Town ofSouthold Waterkont Consistency Review Law. T~s assessment is intended to supplement other information used by a Town of Sonthold agency in ~naki~g a detennMation of consistency. *Except minor exempt actions including B~ilding Permits crud other mini6'terial pe~its not located within the CYaxtcd Erosiort Hazard Area. Before maswering the questions in Section C, the preparer of this form should review tile exempt minor action list, policies and explanations of each policy contained m 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 iocludes all of Southold Town). If any question in Section C on tiffs form is answered "yes", then the proposed action may affect tile aclfievement of the LWRP policy standards aIld conditions contained in the consistency review law. Thus, the action should be analyzed m more detail and, if necessary, modified prior to making a detemfination that it is consistent to the maxhnum extent practicable with the LWILP policy standards and conditions. If an action calmot be cet~tified as consistent with thc LWRP policy standards and conditions, it shall uot be mldertaken. A copy o f.'the LWRP is available in the followiug places: online at the Town of Southold's website (stmtholdtown.northfork.net), the Board of Trnstees Office, the Phmmng Depamnent, all local librm-ies and the Town Clerk's office. B. DESCP, IPTION OF SITE AND PROPOSED ACTION SCTM# :~ o q I ~ The Application has been subufitted to (check appropriate response): TownBoard [~ Planning Board[--] B,,ildingDept. [-~ BoardofTrustees [~ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Tovm agency (e.g. capital [~] constrtiction, planning activity, agency regulation, land tr~saction) [~ (b) Financial assistaI~ce (e.g. grant, loan, subsidy) (~y---Pdmlit, appro,/aq~&, certih'~ationi Nature and extent of action: Location of action: Site acreage: Present lm~d use: Present zonh~g classification: SEP ~8 ZONING BOA~P;"ALS If an application for the proposed action has been filed with the Toxvn of Southold agency, the following information shall be provided: (a) NameofaPplicm~t: 'q'°~. ~ x',.w're.-.4 ~lz~-~-' ixap~lz,mo (,_Ooo4,Oc~ ~t¢.~n~ (b) Mailing address: ~ ~xw. Oc~t_ p_~, X~4x~0-T ~',-Sk~,.y. (c) Telephone number: Area Code (d) Application number, ii'any: Will the action be directly undert~lken, require ful~ding, or approval by a state or federal agency? Yes [] No [~ If yes, x'~hJc'h xt~lte ol ibderal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of de'velopn~eot in the rFo-~l.'U of Southold that enhances community character, preserves open space, inakes efficien! nsc of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of tlevclopmcnt. See LWRP Section III -Policies; Page 2 for evalNation criteria. [~Yes F-'] No [~NotApplicable Attach additional sheets if necessary Pohcy~ey~27T~Xt-~d~i;65'~tw6 liisloi'ie anil archaeological r~b~urces 61'11i6 To~:n otr-Sout~ld.-. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ ~;S-~ N~ [~Not Apl, licable . Attach.additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resoarces throughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [-~ No [~/Not Applicable SEP 'a ,2008 ZONING ~OARD OF APPEALS -- Atlach additional she<s if neccssaD, AT RAL COASF POLICIES Policy 4. Minimize loss of life, structores, aud natural resources from floodiug and erosion, See LWRP Section III - Policies Pages 8 through 16 for evaluation crileria ~] Yes [--] No [~Not Applicable Attach additional sheels if necessary Policy 5. Protect and improve water qnality and supply in the Town fSou/bold SeeL~VRPSectionlII -Policies Pages 16 through 21 for evahlation criteria [~ Yes [~ No [~Not Applicable Atlach additional sheets if necessary Policy 6. Protect and restore the qnality anti function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See I~WICP Section III - pollvlo~, p..,~ ~ ~ Yes DNo~oiAp~ii~;bie ' ' Attach additional sheets if necessary Policy 7. Pages 32 through 34 for evaluatiou criteria. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Yes ~ No[~Not Applicable RIF E v r3 SEP ;3 ~008 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. [~ Y~es ~] No ~'/Not Applical,le PUBLIC COAST I OLICII~S Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, anti public resources of the Town of Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~] No ~Not Applicable Aaach additional sheets il' n¢ceSsaly 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 evaluation criteria. -'~Y6~ [~] No ~bt~ppli~:a3ble Attach additional sheets if necessary SEP o08 ZONING BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic l~stuary and Town waters. See LWRP Section III - 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 Sontbold. See LWRP Section III - Policies; Pages 62 throngh 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 LSVRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [-~/Not Applicable Created on 5/25/05 1!.'20 AM 617.21 Appendix C State Environmental Quality Revie~ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only' PART I - Project Irffonnation (To be complete by Applicant or Project spon~or) 1. Applicant / Sponsor 2. Project Name SEP 3 2008 ZONING BOARD OF APPC. ALS 3 Project location: Municipalib/ County 4. Precise Ideation (Street address and road intersections, prominent landmarks, ets. er provide map) 5. Is proposed action: ( ) NEW ( ~XPANSION (~ODtFICAT~ON / ALTE~TION 6. Bescdbe project bdefly: 7. ~ount of land affected: Initially: acres; Ultimately: acres 8. Will propose actLon comply ~ e~s~ng or o~her ex5sting land use resections:( ) YES ( ~O If No. describe bde~y: Whal is present [and use in vid~qy of project: (descnbe): [(~esJden[ial ( )Industrial ( )Commercia~ ( )A~dcu~tural ( )Pa~ForesFOpenSpa~e ( )Other 10. Does action involve a pemlit approval or funding, now or ultimately from any other Governmental agency.(Federal. State or Local) (I~(ES ( )NO IfYes. listagency(s) andpermiVapprovais:_.~ "'~5~ "~.._.~l~ t ~A~,.45fl,~.~ 11 Does any aspect of the action have a currently valid permit or approval? 12 As a result of proposed action, wtit existing permit/approval require modification? I( t,4~S ( )NO IfYes. listagency(s) andpermlt/approvals: W~.~ . ~-~J~, J~ro~t.,~ ~)~:~"'. I certify that the information provided above is true to the best of my kn, owledge [Applicant / Sponsor Nq~'~ Yx~OL//.,, L~.~ J'o~ ~ 6, A.-L4./¥~ O at e: ~(~'.~,~ Signature: ~ If the action is in the C~'~staT'Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject, premises listed on the real estate market for sale? 1~ Yes IE"No SEP 3 ZONING ROARD OF APP-~ALS B. ~/pthere any proposals to change or alter land contours'? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? '1' 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the ;vetlands 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? _ ykr5 Please confirm status of your inquiry or application with the Trustees: I::~rz~,~t.,a ,~,~. ea,,~ , A~-~,~..,t' and if issued, please attach copies of penmt w~th contt~t ons 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'? ~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? _ b4~ (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: G. Do you or any co-owner also oxvn other land close to this parcel'? the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations couducted at this parcel ~'~ ~o6t~-- ~z~tc.~ e.~$ t~,,t'k.~ and proposed use $&tm~? (exampl~'~'lVi~ing: single-family; proposed: same with garage or pool, or other description.) Authorized Si~re an~i Date 2/05; 1/07 i maa'~ACI'IONAL DISCLOSURE FO~ APPLICABOTO OWNER, CONTRACT VENDEI~ A~ AGEi' The Town of Southold's Code of Ethics prohibits conflicts of~nterest on the part and employees. The purpose of this form is to provide reformation, which can f Town office.rs err tl~FlPown ~[f2008 possible conflicts of interest and allow it to take whatever action is necessary to ~oid same~/_¢ (Last name, first ~ame mi m~ ;~;,:~, ~ ~5 _ .. If~, .......... me other person or company name,) NAT~:' OF APPLICATION: (Check all that apply.) Variance Special Exceptioi~ *Other Approval or Exemption ~ ~ fi'om plal or official map Change of Zooe Tax G~evance *If . . Other mine t m act~v~: Do you personally (or tl~ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employce of the Town of Somhold? blood mari~ or business interest "BtI~ess Ire'est" lllealls a ~._ · .......... = ' ~uslnes~~ ~~n which the To~m oft~cc4 or e~lp~e has e~,e , ~~ a C~orat on in wlg~'~ *~- ~ C~' ~vcl~.!! partml oxmmrshi~ of (or YES .... NO If yotl attx}l,ercd "}~'~/',; complete the balal~ce t¢'this'Jbrm attd dah? a~*d right ~'here indicated Name of person employed by thc Towl] oJ Soul]lold: Title or posm~m oflhat person: Describc dla¢ ~elationship between yourscll (the applicant, agent ;~ conhact vendee) and the Towq~ officc~ m employee. Eithe~ check thc approl)Nate I/ne A through D (below) an&'ol describe thc l eIationship in the space provided The Town oflicer or employee or his or her, spouse, sibling, parem, or child is (check all that apply): A) the ownei of greater than 5% of the sha~es of the coq)orate s~ock of the applicant (when the applicant is a corporation); B) Ibc legal or beneficial Owner of any interest m a non-co~ poi'ate entity (when the applicant is not a corporation); C) an ofl}cer, director, partner, or employee of the applicanl; ~ _ _ D) tlae actual applicant. DESCP. iPTiON OP RELATIONSIilP Submitted tins Psnt Nan,e Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York ! 1971-0959 Telephone (631 ) 765-1802 Fax (631) 765-9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER TO: Mary Marron 26 Randall Drive Short Hills, New Jersey 07078 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3125 Wells Avenue, Southold TAX MAP NUMBER - 1000-70-4-10 Pursuant to Section 144-13A(1) of the Code of the Town of Southold, New York, you are hereby notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Goin.q beyond scope of Building Permit CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When Trustees, DEC, Zonin.q Board of Appeals and the Building Department have issued approval for all changes. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. DATE: August 18, 2008 ~,,~e~~"-"'~ Building Inspector IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING AGENCY. Office Location: Town Annex/Fi~t 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.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 8, 2008 Bv Regular Mail and Fax Transmission 734-6270 Mr. Doug McGahan Bay Creek Builders P.O. Box 602 Cutchogue, NY 11935 Re: File # 6216 - Application for T. and M. Marron (Variances) Dear ~an: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of December 4, 2008, and transmitted to the Town Clerk for filing. Before commencing construction activities, please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process concerning the amendments. Thank you. Very truly yours, ~Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 4, 2008 Zoning Appeal No. 6216 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 ~a~h ~~fork. net .OF hG ~30ARD OF APP~AL~ I Transmitted herewith is Zoning Appeals No. 6216 of Tom & Mary. Irene Marron- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated August 20, 2008,Authorization Letter form Mary Irene Marron to Bay Creek Builders to represent them in this matter, 2 Pages of Property Record Card, Copy of Floor Plan for Proposed Construction Prepared by Garrctt A. Strang, Architect, Copy of Plans Showing Elevations of Proposed Construction Prepared by Garrett A. Strang, Architect, 2 Pages (3 Photos) of Photos of Property as it Presently Exists, Copy of Survey of Property as it Presently Exists Revised August 11, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, 10 Pages of Architects Plan of Proposed Construction Dated August 8, 2008 Prepared by East End Design Associates, LLC. ZBA TO TOWN CLERK TRANSMITTAt (Filing of AppLication and Check for Processi ... RECEIVED SEP 8 2008 SHEE-~b~.t¢ .~IING 8OAR~ Or APPEALS DATE: 9-3-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Marron, Tom & Mary #6305 $400.00 R£C£IYED #6216 Irene Sou :hold Town Clerk TOTAL $400.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK Date: 09/03/08 Town Of Southold P,O Box 1179 Southold, NY 11971 * * * RECEIPT * * * RECEIVED .~,P 8 2008 ZONING BOARD OF APPEALS Receipt#: 28475 Transaction(s): 1 1 Application Fees Reference Subtotal 6216 $400.00 Check#: 6305 Total Paid: $400.00 Name: Clerk ID: Bay, Creek Builders Douglas Mcgahan P.o. Box 602 Cutcho~3ue, NY 11935 CAROLH Internal iD: 6216 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road 1~O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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: 9:40 A.M. THOMAS and MARY IRENE MARRON # 6216. Request for Variances under Sections 280-116B and 280-124, based on an application for a building permit with amended plans to allow new construction instead of additions and alterations to the dwelling as applied and granted on 1110/08 under ZBA #6110. The Building Inspector's August 20, 2008 Notice of Disapproval states that the former dwelling was demolished, and a new single-family dwelling is proposed as amended. ZBA # 6110 was a request for additions and alterations to an existing dwelling at less than the 15 feet on one side, and ZBA #5797 was a request for additions at less than 75 feet to the existing bulkhead and adjacent to Jockey Creek, at 3125 Wells Avenue, Southold; CTM 70-4-10. 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: 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 STATE OF NEW YORKJllj 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 of October, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER30, 2008 pUBLIC HEARINGS NOTICE 1S HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town'Code Chapter 280 (Zoning).Town of Southold. ~he fo0owmg public hear- m~s will be held by the SOUTHOLD TOWqq~ ZONING BOARD OF AP pF. dkL$ at th.o. Town Hall 53095 Mare Road. ~.O. Box 1179~ Southold New York 1197~,0959, on I1~ 9"20 )k.M. LYNN and ARTHUR BOULANGER ~6211. Request. mx ~ Variance under Section 280-15. based on the Building Inspector's June 23. 2008 Notice of Disapproval concerning a pro posed accessory garage m a front yard, rather than the rear yard. al 1150 Van ston Road, Cutchogue: CFM 111-4-6. 9'.30 ~.M. COSTAS TERZIS # 6212. Requesxs foI Variances under Secuons 280-14 and 280-124, based on an ap- plication for a building permit ann mc Building Inspector's October ~. 2008 amended Notice of Disapproval con~ cerning as-built construction whmh ex- ceeds the code hmltanon of 2-1/2 stones in height and lot coverage [imitation of 20 percentage of the buddable area of the lot and which is set back at less than the code reqmrec mimmum of 3' feet in file rear yaro LocaUon of Property: 765 Dogwood Lane. Southold; CTM 54- 5-32, NOTARY PUBLIC-STATE OF NEW YORK No O1-V06105050 .~u~ !~ s~ ttoIk County 10:00 A.M. HELEN and PETER LOUCA ~6213. Reques~ for Variances under Sections 280 f22A 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 aud Ul- crease degrees of existing nonconform- ing setbacks with regard to a sing[e s~de yard at less than 10 feet and total side yaro setbacks at less than 25 feet on this 10.454 square foot parcel Location of Property: 475 Miriam Road, Mattiluck; CTM 99-1-32. 10:10 A.M. VINCENT LAROCCA ~6208, Request for Variances under Section 280-15, based on the Building Insvemor's May 30, 2008 Notice of Dis- approval concerning as-built accessory structures in the fxont yard, rather than a code-defined rear yard. at 185 West Creek Avenue, ~utchogue; CTM 103- 3 22.1. 10:25A.M. JOAN E. SHANNON 06214. Request lot Variances under Sec- nons 280-[22A and 280-124 based on the Building Inspector's August 1,2008 No- nce of Disapproval noting a proposed demolition, renovations and addilions, with all 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 708{I Great Peconic Bay Boulevard and adlacent to Great Peconic Bay, Laurel; CTM 126- 11-7 10:35 A.M. PATRICIA and ROB- ERT FRIEMANN #6217. Request for a Varmnce under Section 280-116B based on an amended'application for a build- lng permit and the Building inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single-family dwelling at less dian 75 feet from the bulkhead ad- jacent to Little Creek, and 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 g6139. Location of Property: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. 1030 A.M. PETER and SABRENA PEZZINO ~6210. Request for a Vari- ance under Section 280-124, based on the Building Inspector's revised Octo-. bar 6, 2008 Notice of Disapproval con- cerning a proposed new dwelling a~ less than 25 feet total side yards (and after demolition of an existing dwelling), at 3120 Grathwohl Road, New Suffolk; CTM 110-8 7. properties involved in this unme~ger rc quest are shown on the Map of Eastern Shores as: (1) CFM 33 2-27, vacant land. with a noncouforming 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 CTM 33-2 28. cation: 1225 and 1135 Green Hill Lane. Greenport. 1.410 P.M. STEVE and O LG A TEN E- DIOS #6198. Request lot Varianccs un- der Sections 280-124, based on tge Build- ing Inspector's June 30. 21)08 amended Notice of Disapproval concerning 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 propdsed enlargement to connect the re located house to the existing garagc.q3~e property has zero buildable land, being on the sea side of the Coastal Erosion Hazard Line. The Building InspectoEs reasons for disapproving the building permit application are lhat the proposed construction will be: (1) less lhan ~0 feet on a front yard; (2) less than 15 foci fo~ a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3} overage exceeds thc code limilation 20% (10t)% lot coverage for zero build able land area). Location of Plope~ty: 1625 North Sea Drive. Southold; CTM I000-54-4-18 (adjacent to dunes and Long Island Sound). 1:30 P.M. (Continued Hearing): 2000 BROADWATERS LLC #6186. Request for a Variance under Section 280-124 based on the Building Inspcclor's May 12, 2008 Notice of Disapproval con- cerning a proposed new dwelling xdth a setback at less than the code-required 35 feet from the front lot linc (after de- molishing the existing buildiug), at 20tl0 Broadwaters Road, Cutchoguc; CTM 104-9-f2. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/o~ desiring to submit written statements before the conclusion of each hear- lng..Each h~aring will not start earlier tban designated above. Files are avail able for review during regular busiBess hours and prior to the day of the hem lng. If you have questions, please do nol hesitate to contact our office at (631) 765-1809,k>r by email: Linda.Kowalski¢ Town. Southold.ny. us. Dated: October 9, 2008. ZONING BOARD OF APPEAl GERARD E GOEttRINGER. CHAIRMAN 11:00 A.M. ESTATE OF SUSAN BY LINDA KOWAI,SKI DELEO 06229. Requested is a L{~~i' (~;"ca-$1g3qS':MainR0ad(OfficeL°cati°nl WaivcrunderSecdon280-11tounmerge ,~). ~}?~5 ~ainRoad Mailing/USPS) two properties based on the Building In- ' .... ~ 7, PO. Box spector's August 6.2(1{)8 Nodcc of Dis- Southold. Nh' D971 d)q5~l approval, ci0ng Section 280- II). qbe IWO ~)4! 1T 10/16 Ellen L. Hufe 3195 Wells Avenue Southold, N.Y. 11971 Southold Town Zoning Board of Appeals 53095 main Road P.O. Box 1179 Southold, N.Y. 11971 OCT 17 2008 Dear Zoning Board members: I live at 3195 Wells Avenue, in Southold, directly adjacent to the west side of Tom and Irene Matron, at 3125 Wells Avenue. I am aware of the application being made to you for a variance regarding the MarroWs property and the proposed expansion they have been planning. I would like to express my opinion of the proposed construction and the need for the variance, however, I will be traveling during the month of October and will be unavailable to attend the variance hearing. The Matrons and their contractor have both described to me, in detail, the project and the need for a variance because of the demolition not originally described and the proximity of the new garage foundation to my property tine. I have absolutely no objection to the garage being 9 feet from my property line and lam in favor of the demolition necessary to construct a nice new house and feel it is going to be an asset to our neighborhood. I hope the Matrons can continue with their plans and move back next door soon. Sincerely, Ellen L. Hufe /~o,~ - ?o* ,/../~ TOWN OF UTHO PRopERTY REC VII-taStE FAR~ DAT~ ~'~ND IMP. TOTAL ~00 1 AGE NEW 'illc~e 1 'illable 2 ¥oodlancl 4ou~ PIo~' 7300 O0 aomv~,L BELOW Value Per .acm LOT ABOVE Value SE? ~ ZUU~' ', ZONING 80ARD OF ~P~AL,~ I I III I I I I I I I I I J- Iq~l I I I ' : III I I I I I I I I I! .I I I / I] I It -I III I I~/~:l'i,~l · , I I~lll. I t III! PI T'I-I'] I I I I11:1-1'1 '~'~'''' .~ I .... I I It1'1 I1,4 'F I ' M. e~. Extenskm Bmem~nt Ext. Walls Interior Finish Y Porch Patio· Drlv~/oy Heat ,Attic Rooms 1st Floor ~Rom~s 2nd Floor SEP 3 2-%3 z/6,, ~[ONING BOARD OF APPEALS r~EEK SOUTHOLD BAY ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- '-2-o O~ to AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the ~ ~ ~ day of ~-~'~ P.~'¢~ ,200~, I personally mailed at the United States Post Office in ¢,.,TuA<:~u~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (";)"'AsSessors, or ( ) County Real PropertY Office 5~. , for every properly which abuts and is across a public or priva~,te street, or vehicular right-of- way of record, surrounding the applicant's prope ,~. Sworn to before me this \~ day of ~.~.~',~,-.- (Notary Public) ,200 % AUCIA WALKER _ Qualifie~_ iq Suffolk. County r.,ommission t~p~res Sept. 25. PLEASE list1 on the back of this Affidavit or on a sheet of paper, the ot numbers next to the owner names and addresses for which notices were mailed. Thank you. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Del(very Fee (Endorsement Required) Total Postage & Fees $0.59 $2.70 $0.00 or PO Box No. $2,70 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Ci~ State, ZIP*4~C~V~,~,~ ru Postage Fa Certified Fee IB~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [~ (Endorsement Required) Tota) Postage & Fees ru ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- ~ ~H,- L° COUNTY OF SUFFOLK) STATE OF NEW YORK) -X New York, being duly sworn, depose and say that: On the LQ, day of o,-'t~ ¢Se'ft_, 200 J~ 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(lO) feet or closer from the street or right--of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in plC'~o,r seven days prior to the date of the subject hearing date, which hearir~d1~own to be (Sig~ SwOrn to before me this \,,., day of ~,.x,~'~-, 200~, ALICIA WAL~R Notaqt Public, State of New York No. 01WA6153064 Qualified in S~ffolk Coun~ (~,~ :.--. _ ~ ~ Commi~ion Expires Sept. 25,%~ \~ (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. C · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so. that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. ~N~icle Addressed to: 2. ,Ntic!e Numbe~ If ~ES, enter 3. Servlce Type ~ Mail [] Express Mall [] Registe,ed ~[~'~m Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Deliver'j? (Extra Fee) [] yes 7006 2150 0004 2218 1098 · Complete items 1, 2, and 3. Also complete item 4 ff 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 mailplsoe, or on the front if space permits. 1. /~tlc~ Addressed to: [] Agent [] Addressee -n item 17 []yes If YES, enter delivery address below: [] No 3. Sewlce Type [~-~ertified Mail [] Express Mall [] Registered [~Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Resblcted Delivery? (Extra Fee) [] yes 7006 2150 0004 2218 1081 · 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. Art~leAddressed to: [] Agent 7006 2150 0004 2218 1074 2. Artlaie Number (~t'ar~r from s~3/~c~ lab~) ~ 1 ~59~2-M-1 ~ PS Fo~ 3811, Febma~ 20~ ~ ~ ~ BAY CREEK BUILDERS D.W MCGAHAN P.O. BOX 602 CUTCHOGUE, NY 11935 7006 2150 0004 2218 1104 RETURN RECEIPT REQUEoTED %d NOT CE. .... $5 49 N'rX'?~' 117 //',,/,'ti NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARRON, T. & M. #6216 MAP #: 70-4-10 VARIANCE: SETBACKS REQUEST: NEW DWELLING (AFTER DEMO) DATE: THURS OCT. 30, 2008, 9:40 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 ~ ~7..l~ 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 ~vebsite: http://southtown.northfork.net October 3, 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 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 roils 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 durinq the hearin.q, providinq the returned letter to us as soon as possible; AND not later than Oct. 17th: Please either mail or deliver to our office your Affidavit of Mailin.q (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 22"d: 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 moro 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 BISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ~/~ O ffic_ e Locati0n~: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlh fork.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 TO: FACSIMILE TRANSMITTAL SHEET Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] UR(;ENT ~,OR YOUR UPDATE [] I'I.EASI! COMMENT [] AS REQUES'IED [] NOTES/COMMENTS: Please find attached copy/coFies of d~e follox~4ng: Thattk you. Sender's Initials: office Location: Town Annex/First Hoot, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown norlh fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 M_~ailing Addres~ss: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO= Fax # Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: ___ 765-1809 (press 1 at voice recordi~tg) REFERENCE:: ' : .... [] URGITNT NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender s hfitials: .~ "w,,.\,..~ APPEALS BOARD MEMBERS Gerard 1~ Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 15, 2008 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 # 6216 Applicant's Request: Within 500 feet of: Owner/Applicant: Marron setbacks ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA C~airman By: