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HomeMy WebLinkAbout6197 APPEALS BOARD Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · 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 OCT 2 8 2008 MEETING HELD OCTOBER 16, 2008 Soothold Town Clerk ZBA # 6197 - HOWARD and DOROTHY ZEHNER, Applicants PROPERTY LOCATION: 650 Moore's Lane North, Greenport CTM Parcel 1000-33-2-40 PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 19,500 square foot parcel in the R40 District, measuring 150 feet along Moore's Lane North to the west, 130 feet along the northern boundary, 150 feet along the eastern boundary, and 130 feet along the southern boundary. The lot is improved with a single-family dwelling, a frame accessory garage and a frame accessory shed, as shown on the site survey map prepared by Fairweather-Brown Design Associates, Inc. dated June 24, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's June 27, 2007 amended Notice of Disapproval concerning a proposed addition and alterations to an existing single-family dwelling for the reason that the new construction will be less than the code-required minimum rear yard setback of 35 feet. RELIEF REQUESTED: The applicants seek a variance to locate a proposed 35'10" wide by 26 ft. deep garage addition at the west side of the house, with a setback at 26 feet from the rear property line, as shown on the site map prepared 7-2-2008 by Fairweather-Brown Design Associates, Inc. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and persona[ inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the setback variance will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. The proposed garage will be attached to the house. The existing attached garage is to be converted to a new family room. Less than 10 feet of the proposed 26 foot wide garage will be nonconforming. The greater part of the new garage will be located in place of part of an existing paved driveway. 2. Town Law §267-b(3)(b)(2). The benefit of a addition and new garage cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other practical place the garage could be built on the property not requiring a setback variance. 3. Town Law §267-b(3)(b)(3). The variance is not substantial. It amounts to a 9-foot reduction in the 35-foot code-' required rear yard setback. The lot coverage, at 11 percent, will remain well within the code-required 20 percent limit. Page 2 October 16,2008 ZBA # 60197 - Howard and Dorothy Zetmer, Applicants CTM 1000-33-2-40 4. Town Law §267-b(3)(b)(5). The need for a variance was self-created only so far it is a consequence of a decision to replace an existing garage with an additional living space. The need for a variance for the house as expanded is a result of the unusual shape of the lot and the configuration of the existing house. 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. The grant of the variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the alterations and extension of the existing house, while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on site map prepared 7/2/2008 by Fairweather-Brown Design Associates, Inc. and elevation diagram dated 7/3/2008 ~. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant'~ 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 Oliva (Chairwoman), Dinizio, Simon and Weisman. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. Approved for Filing 10F~c)/2008 k II REVIEWED BY ZBA SEE DEC~SION # ~ATED ZEHNEP-. 07/02/200~ scale: 3/32"= I'-0' PAl P-,WEAT PI E P-..-I~ P-,OWN DESIGN ASSOCIATE,S,INC. 205 BAY AVENUE GREENPORT, N.Y. I 1944 43 I -477-'3752 (Pax) G31-477-0973 221Y.0~ ~F I L ZEMNEI~ 0~/02/200~ scale: 3/32"= ILO' FAI P-.WEAT M ER-BROWN DE.SIGN A.~.~OCIATE.~,I NC. 205 BAY AVENUE GP-.EENPOP-.T, N.Y. I 1944 G31-477-9752 (Fax) G31-477-0973 BASED ON REFER. TO "MAP OF EASTERN SNORES" SECT.3 FILED IN THE 5UFFOLI(, CO. CLERI<,5 OFFICE A5 MAP N0.4475 51T PLAN SCALE: I "=30'~0" I01 I02 \ q 103 ZEHNER 07/02/200~ ~FAL$ =INAL MAP :~EVIEWED BY ZBA SEE DECISION # ~ DA~ED/o I I~ '\ \ $0 .O PAl RWEATH ER-DROWN DESIGN A550CIATES,INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 -477-9752 (Fax) G3 I -477-0973 5~CTION ¢ P-.IGMT 51DE LEFT ELEVATION 51DE ELEVATION O SCALE: I/8"= I '-0" I *,FINAL MAP , REVIEWED BY ZBA SEE DEGISION # ~ i DATED./o //_..~../_~ ZEHNER. 07/03/200<5 FAI P.,W'EAT H E R,- BROWN DESI©N A550CIATES,INC. 205 DAY AVENUE GP-.EEN?ORT, N.Y. I 1944 G31-477-9752 (Fax) G31-477-0973 F~ONT B I~ E A I~ ELEVATION BBB B ELEVATION B B SCALE: I/6"= '-0" FINAL MAP REVIEWED BY ZBA SEE DECISION !DATED /.~ I,/(~ U JUL 8 2098 ZEMNER. 07/03/2006 FAIR. WEAT H E P-.- B R. OW'N DESIGN A550CIATES,INC. 205 DAY AVENUE GREENPORT, N.Y. I I ~44 1-477-~752 (Fax) 6;31-477-0~73 GROUND F LO 0 P-.. O SCALE: I/~"= ILO" FINAL MAP REVIEWED BY ZBA SEE DECISION DATED lb I I~o JUL $ 2008 ZEHNER 07/03/200~ PAl I~WEAT H E I~- B I~.OVv'N DESIGN A550CIATES,INC. 205 BAY AVENUE GREEN?ORT, N.Y. 11944 G3 I -477-9752 (Fax) G3 I -477-0973 ~U LI LOCt~. ............... / ?' FORM NO. 3 NOTICE OF DISAPPROVAL DATE: J~ AMEND TO: Howard and Dorothy Zehner PO Box 250 Greenport, NY 11944 Please take notice that your application dated May 22, 2008 ne 2, 20~11. 8 ~08 ?,D: June 27, 2008 BOARD OF APPEALS For permit to construct additions and alterations to an existing single family dwelling at Location of property: 650 Moores Lane North, Greenport County Tax Map No. 1000 - Section 33 Block 2 Lot 40 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 19,500 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet. The proposed construction notes a rear yard setback of+/- 26 feet. This Notice of Disapproval was amended on June 25~ 2008~ following the submission of a new survey/plot plan by Robert Brown~ architect~ dated 6/26/8. .... 'x, aea'tho ri~ ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Howard and Dorothy Zehner PO Box 250 Greenport, NY 11944 Please take notice that your application dated May 22, 2008 DATE: June 2, 2008 AMENDED: June 25, 2008 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 650 Moores Lane North, Greenport County Tax Map No. 1000 - Section 3_!3 Block 2 Lot 40 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 19,500 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet. The proposed construction notes a rear yard setback of +/- 29 feet. This Ng~ov, al ,~as amended on June 25, 2008~ following the submission of a new ~y~by RT~Br°wn, architect., dated 6/24/8' S nature . Note to Apl~licant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. SCTM 1000 Section ~ Block ~ Lot(s). J-/O Lot Size / q] ~00 Zone I (WE) APPEAL T~IE WRITTEN DETERMINATION OF THEtBUI~LD~NG INSPECTOR DATED ~p] ~ ~//O~/ BASED ON MAP DATED ~/~/~ Applicant(s)/Owner(s): ~/~OIIJ ~ b ~ ~.__~0~o~ ~ Telephone: 4'7'7- b/~/~:9 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: 7~/~ ]'~/~l~"/~J for(4Owne, r, or ( )Other: Ple~e check box to spec~ who you ~corres~ndence m be ~iled re, from the abo~ na~s: E Applican~ner(s), or ~ Author~ed Representative, or ~ Other Name/Address below: / WHEREBY THE BUILDING IN~PECTOR~EVIEWED MAP DATED /o / ~t/O~'and DENIED ANAPPLICATIO/NDATED .5'/~ /.c//~ F~R:f~d/,.51~o,,5 ~o~ ~O ~ ~ ~ Building Pe~it ~ ~ ~ ~ Ce~ificate of Occupancy ~ Pre-Ce~iflcate of Occupancy ~ Change of Use E Permit for As-Built Construction UOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quot~ the code.) ArticleXXl]! Section 2~0- /~ Subsection Type of A/opeal. An Appeal is made for: [gA 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 at any time with resuect 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: Z~File # 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: O~f /J),S ~/~r/~£~ /~me.~7- ~d~ O'/P~ /~t (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pu~ue, other than an area variance, b~ause: (3) Theamount ofreliefreguested is not substantial because: ~ ~O~T~ ~ . (4) The variance will NOT have an adve~e eff~t or impact on the physical or environmental conditions in the neighborhood or district because: ~H~ ~j~t'~ i~'' ~.~/ (5) Has the alleged difficulW been self-created? (~es, or ( )No. ~a~/~ ~% ~ f~ ~//~ ' Are there Covenants and Restrictions concerning this land: ~o. E Yes (vle~e furnish covvL 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 sure to co~nsult your.qttorney.) ~ig~ture of.~]~pellant or Authorized Agent (Agent must s~g written Authorization from Owner) Sworn t~o before me this~tO°( day of~_~L~L~ , 20 C)~ . No~a~ry Pl~blic J AUTHORIZATION (where applicant is not the owner) residing at (mailing address) do hereby authorize Amy K. Martin, or other of Fairweather-Brown Design Associates, Inc. to act as my agent to apply for all permits necessary for the proposed work to be performed at ( Owner's signature ) Y .JOYCE A STEVENS YORK NOTARY PUBLIC:, ~TATF OF NEW COMMISSION EXPIRES NO ~ APPLICANT'S PROJECT DESCRIPTII (For ZBA Reference) Applicant: /~J /y'2 7 /'~ /¢) ,'e-- ~"l A,}!/ z~pttA3 ~: /~. Date Prepared: I For Demolition of Existing BuildingAreas Please describe areas being remofed: ~4~v/~-/t.~ a d ~N JUL ........ . . ~LS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: ,~.q /IO ~ ~l ~, Dimensions of new second floor: ~,flD'-//o x 0-6; Dimensions of floor above second level: Height (from fmished ground to top of ridge):' ~ t// Is basement or lowest floor area being constructed? If yes, please crovide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach ex~'a sheet ffnecessary) - Please describe buildmg 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: Square footage of your lot: Percentage of coverage of your lot by b~ilding area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subjec[~premises listed on the real estate market for sale? [3 Yes [i?'No ~N there any proposals to change or alter land contours? o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you~ontacted the office of the Town Trustees for its determination of jurisdictij~n? A//A~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit witfi 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? W/o t,~4q6~rized/~nature and E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? A/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? 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? ~ If yes, please label the proximity of your lands on your map with this application. / H. Please list present use or operations conducted at this par~cel O°/~/~ 7~'r'°'~/ __ __ and proposed use ~,))/~q.b~ 7a~rn,_/~_. /-g,~Ceq/~d? (,4¢.g~,.,n/~ (examples: existiag: single-family; proposed: same with g&age or po~9.l, or other, adfi~rigt!o.n.L~, Date -- ~/ 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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 necessary to avoid same. (Last name, first name, middle initial, un, ss you are applying in the name of someone else or other entity, such as a company. Ifs{indicate the.~.__~ other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance / O [~ ]- ~ Variance v/ Special Exception If"other", ~ ~ ~ "' i~ ~_~ ~- ~. r~ ~: name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~/// Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t his ~ day/__o f ~(~2~'.~',, Signature: ~int Name: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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 necessary to avoid same. YOURNAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x/ Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other JUL BOARD ©F A~PEAL$ 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? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of , ~ . Signature: ~ ,t;~ . '-<~t ~.~j~ PrintName: .~)~a~t ~~ Office Location: Town Annex/First Floor, North Fork Bank 54375~Main Road (at Youngs Avenue) ~outhold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY I 1971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 27, 2008 Ms. Amy Martin Faip~veather-Brown Design 205 Bay Avenue Greenport, NY 11944 Re: ZBA #6197- Application by Mr. and Mrs. Zehner (Variance) Dear Ms. Martin: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the October 16, 2008 meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski Oft*ice Loc~ation: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net ..... ~ BOARD OF APPEALS x~TOWN OF SOUTHOLD 0 ~'// TeLTel. (6~1) 765-1809 Fax (631) 765-9064 ~ ' ~,z~y/~,b'~.~g'~ (] October 27, 2008 ~nd s. owar/ehner 650 Moore's La~g~,'North ©reenport~.N~ 11944 -'X~: ZBA #6197 - Application by Mr. and Mrs. Zehner (Variance) Dear Mr. and Mrs. Zehner: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the October 16, 2008 meeting. Please be sure fo contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SOUTHOLD TOWN HALL 53095 MAIN ROAD · P.O. BOX 1179 SOUTHOLD, NY 11971-0959 012H16209170 $00.42_o 10_/~712008 blatled From 11971 US POSTAGE Mr. and Mrs. Howard Zehner 650 Moore's Lane Nodh Greenport, ' RECEIVED OCT 3 0 2SOS ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville July 10, 2008 Zoning Appeal No. 6197 Transmitted herewith is Zoning Appeals No. 6197 of Howard & Dorothv Zehner- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Applicant's Project Description, Questionnaire, 2 Transactional Disclosure Form, Authorization Letter fi.om Howard Zehner to Fairweather-Brown Design Associates, Inc. to represent them in this matter, Aerial Photo of Property, Notice of Disapproval fi.om Building Department Amended June 27, 2008, Copy of Survey Prepared by Roderick Van Tuyl, P.C., Site Plan of Existing Structures & Proposed Construction Prepared by Fairweather-Brown Design Associates, Inc. Dated 7/2/2008, Drawing of Existing Structures Showing Lot Coverage Prepared by Fairweather-Brown Design Associates, Inc. Dated 7/2/2008, Drawing of Existing Structures & Proposed Construction Showing Lot Coverage Prepared by Fairweather-Brown Design Associates, Inc. Dated 7/2/2008, Drawing of Existing Structures & Proposed Construction Showing Ground Floor Plans, New Family Room, Existing Shed & Proposed New Garage & Walkway Prepared by Fairweather- Brown Design Assoc., Inc. Dated 7/3/2008, 2 pages of Elevations & Sections of Existing & Proposed Structures Prepared by Fairweather-Brown Design Assoc., Inc. Dated 7/3/2008. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/8/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED ZEHNER, Howard and JUL g 2008 6197 Dorothy 981 $150.00 $ou~ :hold Town Clerk $150.00 By Thank,'ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/09/08 * * * RECEIPT * * * Receipt~: 24858 Transaction(s): 1 1 Application Fees Reference Subtotal 6197 $150.00 Check#: 981 Total Paid: $15000 Name: Clerk ID: Zehner, Howard H Po Box 250 650 Moores Lane Greenport, NY 11944 CAROLH Internal ID: 6197 APPEALS BOARD MEMBERS Gerard 1~ Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weis~nan 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 · 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 25, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 2572008: 1:00 P.M. HOWARD and DOROTHY ZEHNER #6197. Request for a Variance under Section 280- 124, based on the Building Inspector's June 27, 2007 amended Notice of Disapproval concerning a proposed addition and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required minimum rear yard setback of 35 feet, at 650 Moore's Lane North, Greenport; CTM Parcel 1000-33-2-40. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@Town.Southold.ny. us. Dated: August 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #8997 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 11th day of September, 2008. Sworn to before me this l( - SO ,g.~H~ OLD TOWN ZONING TO~ ZON~G 'BOARD OF AP- ~ ~ S~inn.2~-ll6B, based on' ~c~ of Dbappmval conce~g ~ad, at~ Blue~M~lin Drive, Request for a Variance under Section ~0-12{, based on the Building Inspec- tor's Ju~ 21,2~ ~ohce of Disapproval ~E ~2ffi. Request'for V~ian~s um del Se¢Q~ ~A ~d 2~C, based ~,ne~ build~g f~r use as a ~sspool ~:~h~age ~p~y.~e ~easons fo~ NIFER STORK e 6187. Request for Va~mn~s under Sections--280-116 and 280-124. based on the Building Inspec- tor's May 15, 2008 Notice of Disapprov- al concerning a proposed-new dwelling (after demolishing the existing building). ' ~!'he new dwelling is proposed at less . than I5 feet on .a single side yard. less than 35 feet on total side- yards, and tes~ than 75 feet from the existing bulkhead adjacent to Great Pecothc Bay Location 9f Property: 3270 Peconic Ba~ Boule- yard, Laurelt CTIvl 128-6-8. 1:45 EM. Carryover: PINE NECK HOLDINGS 06180. Variance for deck addition to the dwel!ing at less than 75 feet from the bulkhead, at 1475 Pinb Neck Road, Southold: C'TM 70-5-40. BARBARA A: CADWALLAD1ER #6154. South Side of Main Road fNYS Route 2~), East Marion. adJacent to Gardiners Bay. - A/ZBA #6207 -Thi~ is a request for Waiver of Lot Merger under Article II. Section 100-26. based on the Building Department's July 25. 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 1L in District 1000, Section 31. Block [4. are merged pursuant to Section 280-10. which states: "Merger. A nonconforming lot shah merge with an adjacent conforming or 9onconforming lot which has been held m common-owaershlp with the first lot at any ume after July L 1983. An ad- jacent Iot is one wl~ch abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule reqmremen~.' B/ZBA g6154. (Carried from July24, 2008 - This is a request for Variances under Section 280z124. based on' the Building Inspector's January' 30, 2008 Notice.of Disapproval, amended July 25, 2008 cofl~rni~ a ~>i-oposed sing e2fam - ly~dwelling.(after demolition of an exist- t~roposed ~ingle ~ide and less East MariomCTM 2:30 PJvL JENNIFER JACOBS AND 10~45 A.M. JOHN GATANAS #6201. Reqpest ;tot Variances under Section 280-124. based on the Building lnspec- toffs July 1. 2008 amended Notice of Disapproval concermng a proposed dweiling, after demolishing the exist- lng dwelling and accessory garage. The reason for disapproval o£ the building permit application is that the new con- struct will be less than the code-requrred mmunum of 35 feet h-om the front yard lot line and rear yard lot line. Location of Property: 445 Central Drive, Maftiinck: 11:10 A.M. JAMES and MAE MAU- RI g6199. Request for a Variance under New Suffolk: CTM 1000-117-9-5.2 Lot Size: 12.760 square feel nonconform- ing) in R40 Low-Density Residential Zone District 2:45 EM. BUD GEORGE HOL- MAN # 6202. Request for Variances un- der Sections 280-14 and 280-11~ based on the Building Inspector's May 20,2008 Notice of Disapproval concerning an as- built porch enclosure and deck addition to me existing dwelling, which are less than the code reqmred minimum of 15 feet on a side yard in this R40 Zone, and less than 75 feet from the bulkhead ad- jacent to Great Pecomc Bay, at 350 Pack AVenue. Mattituck: CTM 1000-123-7-8. NOIP, RY puBLiC-STATE OF HEW yORK No, 01.VO6105050 Qualllled In SultOt~ county R$~O¢St for ~0~Y: ~fi~n M~e: 12,7~ ~quare f~et (n~ncpnm~- to~ ~ ~Ju]~~ 1, ~: :~l~ kMgtige, 9f Zohe District.r ' Disap~ro~M ~¢~hgk;.~ pr~g0se~ 2:~ EM. BUD GEOrgE HOL- d,elijah, 'af{e(~M01i~hln~ :th( ~kist: ~ 8 6~02. Request for %tifindes un ~g dwelling an~; fieeess~ g~age. ~e ~er Sections ~80-14 and ~80-116. based reason for disapproval of the ~u~ding on he Bud ng Inspector s May 20,2008 permit apphcatloh is ~9,t he new con- No ice of Disapproval ~ncerning an as strudt W~] ~'15~ than ~dde-lequfred built porch enclosure and deck ~ddifion ~0~u~oft~e~ ~o~;~e ~o~t.~a;d tq axe ~stiag dwells, which aye ~s~ iefl~&afia [efir)a¢~l~ li~e. ~ocat~fi of ' (~n th6 c~deZrequked Minimtm o~ 15 Proper ty: ~ C~nlr~i DriVe. Mattock: fep~ 9n a side yard in this R 40 Zoqe, and ~ 1000-106-3-22 less fhan 75 feet fro~the bulkhead 1~;10 A.M .~AME$ ~ MA~ MAU- jacent to Great Peconic Bay, at ~0 ~ ~6~99. Req~bst f& h~iande hnder ~venue, Malfimck; CTM [000-t23-7 8. g~kfi~n 28~-15, based oD~ (h$ Building ~:~ EM. ~HARD Inspe¢ Dr's Ju~y~2 ~008 Nbt~f Dis] ~188. (Reheating by Board Action): approval concerning the applicants %is is an applicatkm'requesting a Vati- proposed additions and aerations to ance under Secbon 280-~22 and 280-124 an exist ng s{flgle-famRy dwel ns, &ith '(~BA [nte~retatio~ ff5039) based on demolition 6f~ hn atta&¢~ dec~. ~ool the- Building Inspector's June 10, 2008 surroundi ~e ~aso~f~di~app~oving amended Notice d Disapproval con thg building permit applicayion is that cermng proposed additioss and alters- the p?bpt~ed: wbkk {~ ~s~lr M the ex- tions to th~ ~xlstMg dwelling, ~fiich new :sung accessory swimming pool being located tn a yard othtr than ~he code-re l:00 .P.M. HOWARD .and DORO- THY ZEHNER #619~. R~que~t for a Variance under Section 280-124 based amended Notice of Disappyoval con- cerning a proposed addition and Mtcru tton wdl be less than the code required ~ninin~um rest'yard setback of 35 feet at 6S0 Moore's Lane North. Greenport: C]~V[ Parcel t000-33-2-40 1:15 PM. RONALD POLLIO #6205 Request for a Variance ~lnder Section 280-124 based on the Building Inspec- tor's July 18. 2008 Notice of Disapprovm concerning a proposed deck addition on ,: nonconforming 6,999 square foot par~ cel. 'which new constructkm will be less than the code required mininnun of 10 feet on a single s~de yard setback aud less than 35 feet on me minimmn yard setbafk, at 165 Second Street. New Suffolk: CTM 1000-117-10-20.5. 1:30 PM. Carryover:RYAN and JEN- construct on will constitute an increase m he degree of nonconforming s fig c side yard a~t less than 10 feet less than 25 feet on total side yards, at 240 Sunsef Path and Hilltop Path (private roads). Southbld; Cq~vl 54 I 19 The BoaFd of Appeals will hear all persons, OK their rep~'esen£a£1ves, deslr- thg to be heard at each hearing, and/or dedring to submit wntlen stalements before the conclusion of each hear- lng. Each heating will not start'earliez than designated bore. Files are avail~ able tot review during tegutar business hours and prior lo the day of the hear ing. If you have questions, please do not 7654809. or t>y emad: Linda. Kowalski@ Ibwn. Southokhnv. us Dated: September 5. 2008. ZONING BOARD OF APPEALS GERARD IR GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road Of Iice Location 53(195 Mare Road Mading/USPSt EO. ltox 1179 Southolc NY 11971-0959 8997-1T 9/l 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET : FO~R OWNERH,H ~-~,' ~ N E I g'~,2 ~¢ ~ ,~ S W ~PE OF BUILDING RE~ / ) S~S. VL? FARM COM~. CB. MICS. Mkt. Value ~ND IMP. TOTAL ~A~E RE~RKS ~ ~ ~ ' ~ . AGE BUILDING CONDITION N ~ NORMAL BELOW ADOVE FA~ Acre Value Per Value Acre Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKH~D Total n~ J ~A. Bldg. -Extension Extension Extension Porch Foundation Porch Ext. Walls 3reezeway Fire Place ,Garage -:: 1-ype Roof Patio Recreation Room ~ Dormer Total Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inette LR. DR. BR. FIN. B OWNER TOWN OF $OUTHOLD PROPERTY RECORD CARD iSTREET ~. /: LAND S IMP. TOTAL VILLAGE E W DIST.,: SUB. LOT / .~ ~/ TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value DATE REMARKS '") ut. ~_,. / c )? ,~ ~t~' I ,C~ i · ,. ,"x L-~£-'.,L .' ::.>-: AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per . Value Ac re Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowla~d House Plot Total DEPTH BULKHEAD DOCK LItE o .............. SOUTHOLD ~, ...... NT£NANC['ALT[R~TION, SkLE 0" ~",,,,~Real Property Tax Service A~ency ~ 2;~.~ "'~ SECTION NO TOWN OF SOLFI HOLD' ......................... ..... In the Matler of the ~o~fo; ~e of Applicants) AFFIDAVIT OF MA[LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New ~ ork, being duly swom, depose an~ ~ ~J Onthe ~:..~trt~a5 oC__ ~,/~//, .i. persoaally lnailed at the U~ ted States Post Office in 6/tYlr~ rg'v-'/I u, New York, by CERTI]FIED MAIL, RETURN RECEIPT REQUESTED, a tl~ copy~f the attached Legal Notice iu prepaid envelopes addressed to current owe)e% shown on the 21trent assessment roll verified fro~.h~ee _o..~ialj- ~e~rds on fil~ with the (',/) Assessors, or ( ) County Real Property Office ~-s~,t~c4 gt.tec_~ . for ever,, property which abuts and is across a public or priva,;e street, or ~ficular right-of-way of re~ord, surrounding the applicant's property. / /~/worn to before me this d yo , VERONICA F. ClDONE {,~// (Nolary Public.) PLEASE Iisi, on tl~e back of this Affidavit or on a sheet of paper the lot numbers next to ll~e owner names and addresses tbr which notices were mailed. Thank you -1- PostaGe $0.42 ru certified Fee $2.70 [~3 Return Receipt Fee O '~ $0.00 ~ Total Postage & Fees $5,~2 0%4 Postmark or PO Box No _-l' Postage EM 4--3 [:3 $0.42 0%4 $2,70 06 Postmark $0,00 $5.~2 09/09/~'~8 or PO Box No. 'tinPlate. ZIP+4 $0.42 0~44 $2.70 06 Postmark $0.00 $5.~ 09/09/2008 ZONINO BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK h~ the Matter of the Application of i~am~e of App~cants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land ldenlifie~ as Ieee- 33 - - 40 COUNTY OF SUFFOLK) STATE OF NEW YORK) C"'rt-.v~r~/ogr'~t ~, Ne;,'"~" v5 i;rk, [;~ duly sworn, defuse and say lhat: On the~6 day of .~~vF1 ~crson..U., ........ , ..... s placed the Town's oiBcial I oster, ~ ~th the date of hearing and nature of my apphcation noted thereon, securely upon my proI~y, located len (10) feet or closer from the street o~ right-of-way (driveway entrance)- facing the strut or being each slrccl or right-of-way entrance;* and thai I hereby cxmfirm that lhc Poster has remained in place lbr s%'en d~tys prior to tl;'at date 0f the subject hearing da~e, which hearing date was shown lo be ~'/~.~.~o ~ ....... Sworn to before ~ne this ~.~.5''e}z da5' of~~.200 ¢ // (~ota~ ~blic) ~RYPuS[o.,~FNEWYO~ ~ Y ' OUALW ~D ~ SUFFOLK COUNTY COrM 88 0N ~PIR~S NOVEM~[R 3, 20~ *near tho entrance or d~sveway entrance of my property, ms the area most visible to passersby. · 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. Article Addressed to; Addressee Is delivery address different from item 1 ? [] Yes YES, enter delivery address below: [] No Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D. Restricted I:~livery? (Ex, tm Fee) [] Yes 2. Article Number · Complete items 1,2, and 3. Also compJete 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: [] Agent [] Addressee g. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 313. Sewice Type [] Certified Mail I-~ Express Mail 2. ArticieNumber 7007 1490 0001 2418 2802 (Transfer from sen/ice lab~_ 102595-02-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. Article Addressed to: A. Signature v,'~ ~¢, '~') 0 · ~ [] Agent ](['- ~;~ / !~ (~/, Addressee B. Received by ( Printed Name) I C/~e of Del~.ery D. IS delivew address diffeteqC[~item 17 Ir~Ye~ if YES, enter delivery add~e~s~below: [] No 3. Service Type [] Certified Mail [] Express Mall [] Registered [] Return Receipt for MerChandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7007 1490 0001 2418 2765 2. Article Number (Transfer from service label/ PS Form 3811, February 2004 Domestic Return Receipt I02595~)2 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: Article Number (Transfer from service labe~ A. Signature B. Received b D. Is delivery address different from item 1 If YES, enter delivery address below: [] 3. Service Type [] Certified Mail i'-] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Reetdcted Delivery? (Extra Fee) [] Yes 7007 1490 0001 2418 2789 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · , Complete items 1, 2, and 3. Also complete '~,m 4 if Restricted Delivery is desired. ~t your name and address on the reverse .: 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 D. Is delivery &ddress different from ite~m~ [] Y~s If YES, enter delivery address below: ~-I No 3. Service Type [] Certified Mail [] Express Mall [] Registered [] Return Receipt for MerchAndise [] Insured Mail [] C.O.D. 4. Reetfieted Deliver/? (Extra Fee) [] Yes 7007 1490 0001 2418 2796 2. Article Number (3-ransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154u FAIRWEATHER-BROWN DESIGN ASSOCIATES, 1NC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Date: 9/9/08 Adjoining lots to: Zehner Name: Howard & Dorothy Zehner Address: 650 Moore's Lane North, Greenport SCTM: 1000-33-2-40 33-2-41 33-2-46 33-2-47 33-2-48 33-2-36 33-2-39 Daniel & Nancy Melhado 770 Moore's Lane North, Greenport Madeline l~bins PO Box 615, Greenport Dorothy Zehner Curtis Davids PO Box 560, Greenport Candice MacCulley 585 Moore's Lane North, Greenport Bernardo Casanueva Roselle Borreli 1000 Greenhill Lane, Greenport ~ONING 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 August 28, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before September Please send the encloseQ Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than Sept. 12th: Please either mail or deliver to our office your Affidavit of 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 September 17th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq prior to September 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ZEHNER, H. and D. #6197 MAP # 33-2-40 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE: THURS, SEPT. 25, 2008,1:00 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 To n Annex/Fkst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.no~lhfork.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 recordfltg) [] UI{(;ENT NOTES/COMMENTS: Please find atlached copy/copies of the following: Thank you, SendePs hfifials: ~