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HomeMy WebLinkAbout6202 APPEALS BOARD MEMBERSO Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold~ NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED 2 2 2008 MEETING OF OCTOBER 16, 2008 $outhold Town Clerk ZBA # 6202 - BUD GEORGE HOLMAN, Applicant PROPERTY LOCATION: 350 Park Avenue, Mattituck CTM 1000-123-7-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 77,758 sq. ft. lot in the R40 District with125' frontage on Park Avenue, 124.41' frontage on Great Peconic Bay, 623.56' on the easterly boundary and 629.74' on the westerly boundary. It is improved with a one stow frame house and garage. BASIS OF APPLICATION: Request for Variances under Sections 280-14 and 280- 116, based on the Building Inspector's May 20, 2008 Notice of Disapproval concerning an as-built porch enclosure and deck addition to the existing dwelhng, which are less than the code-required minimum of 15 feet on a side yard in this R-40 Zone, and less than 75 feet from the bulkhead adjacent to Great Peconic Bay. LWRP DETERMINATION: A Letter confirming inconsistency was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. A site inspection by the Board of Appeals found that the applicant's bulkhead has been recently reconstructed and is in excellent condition, the bluff is vegetated and stable, and the applicant's property is fiat and does not slope toward the bluff. The Board finds that these conditions are sufficient to bring the application into conformity with the intent of the LWRP. RELIEF REQUESTED: The apphcant requests variances for: (1) a heated as-built enclosed porch with bay window over an existing concrete slab that replaced an original roofed over screened porch built in 1971, located at 66' from the existing bulkhead while the code requires a minimum 75' setback and (2) an as-built deck on Page 2 - October 16, ZBA # 6202 - Bud George Holman CTM 123-7-8 the westerly side of the house measuring 13.5' x 16.8' setback 66' from the bulkhead with a 14' side yard setback where the code requires a minimum 15'. 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. Neither the enclosed porch nor deck is closer to the bulkhead than the original dwelling. The house originally contained an attached screened porch with roof and the owner merely replaced the screens with windows, added heat and a bay window in 1971. The appearance remains the same. The deck was added in the westerly side yard more than 20 years ago and is located only one foot shy of the required 15 ft. side yard setback in one corner. The west side of the property is well buffered by a neighborhood right-of-way path to the beach and is very heavily landscaped with mature evergreens. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The porch is where it was originally built pursuant to a building permit and the cost to the applicant to remove one foot of decking seems excessive given the substantial existing landscape buffer and right-of-way. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. Both structures are located at the same distance from the bulkhead as the original house and the setbacks appear to be in line with the residence to the east. The deck requires only a 1' variance and although the bay window does extend slightly closer to the bulkhead than the original porch, it is above ground and without foundation and is no closer to the bulkhead than the original roof overhang. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. 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. The structures are behind a new bulkhead and do not create any increase in flooding or erosion danger to the subject property or neighbors. See LWRP Determination above. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and enclosed heated porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - October 16, ZBA # 6202 - Bud George Holman CTM 123-7-8 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, and duly carried, to GRANT the variances as applied for, and shown on the site plan drawn by Donald A. Denis, Architect dated November 28, 2001, subject to the following Condition: The deck must remain unenclosed and open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy when issued. Any deviation from the variance given such as extensions, or demohtions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this apphcation 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). Member Goehringer was absent. RUTH D. OLIVA, VICE CHAIRWOMAN Approved for Fihng 10-~-2008 ZONING =INAL MAP '1_, 1 ~EVlEWEO aY ~| s£s ~C~'~ # ~,-/ 51TE PLAN HOLMAN gREAT PECONIC BAY PARK iAVE'NU~ TO: Abigail Wickham for Bud George Holman P O Box 1424 Mattituck, NY 11952 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT $OUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 20, 2008 i ~ CF APPEALS JUL 2008 BOARDjOF APPEALS Please take notice that your application dated May 12, 2008 For permit for "as built" porch enclosure & deck addition to an existing dwelling at Location of property: 350 Park Avenue, Mattituck, NY County Tax Map No. 1000-Section 123 Block7 Lot8_ Is returned herewith and disapproved on the following grounds: The construction, on this conforming 77,758 sq. ft. lot in the R40 District, is not permitted pursuant to Article III, Section 280-14 which states: "No building or premises shall be used & no building or part thereof shall be erected or altered in the AC ...Districts unless the same conforms to the Bulk Schedule & Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The required side yard setback is 15'. The construction notes a side yard setback of approximately 14 feet. Also, the "as built" construction is not permitted pursuant to Article XXII, Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, ... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The "as built" structures are setback 66' from the bulkhead. Authorized Signature APPLICATI~ Fee: $5~Q~,¢~ ?d3 Office Notes: (~t<L ~ TO THE o. t~d t ,~%-t~ Parcel House No. 350 Street Park Avenue Hamlet Mattituck SCTM 1000 Section 123 Block 7~ Lot(s) _8 Lot Size 1.785 acres Zm I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDiNG May 20, 2008 BASED ON MAP DATED November 6, 2000 [SPECTOR DATED: BOARD OF APPEALS Applicant/Owner(s): Bud George Holman Mailing Address: Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178 Telephone: (212) 752-7288 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 agents m-presents: Name of Representative: Abigail A. Wickham for ( X ) Owner, or ( ) Other: Agent's Address: Wickham, Bressler, Gordon & Geasa, P.C., P.O. Box 1424, Mattituck, New York 11952 Telephone: (631) 298-8353 Fax #: (631) 298-8565 Email: wwblaw~aol.com Please check box to specify whom you wish correspondence to be mailed to, from the above names: E Applicant/Owner(s) X Authorized Representative MOther Name/Address WHEREBY THE BUILDiNG INSPECTOR REVIEWED MAP DATED 11/6/2000 and DENIED AN APPLICATION DATED 5/9/2008 FOR: )t Building Permit [2 Certificate of Occupancy Pre-Certificate Occupancy ~ Change of Use ca Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XIII Section 280-14 (sideyard setback) 280-116 (bulkhead setback) Type of Appeal. An Appeal is made for: ~ A variance to the Zoning Code or Zoning Map. n A Variance due to lack of access required by New York Town Law-Section 280-A ca Interpretation of the Town Code, Article Section n Reversal or Other Apflor appeal ~ has or ~ has not been made at any time with respect to this property, UNDER Appeal No. Year (Please be sure to research before completing this question or call our office to assist you.) Name of Owner: Bud George~olman ZBA Fil~ REASONS FOR APPEAL {additional sheets may be used with prepat (1) An undesirable change will not be produced in the CHARA( detriment to nearby properties if granted, because: (al neither closer to the bulkhead than the original dwelling structure. The house ~r's si~naturel JUL Z 2 ~ER of the neighborhood is ~d in porch with a roof, so the porch had the appearance, from the outset, of a solid portion of the building. The owner merely replaced the screens with windows and added heat and a bay window in 1971. The deck was added approximately 20 years ago. No neighbors have complained in all those years. Also, the west side of the property adjoins a neighborhood right of way path to the beach and is very well landscaped with tall hedges and shrubbery. This creates a significant buffer for the residence to the West, which is a considerable distance away. (b) the deck is one foot shy of the required setback in one comer. This represents a negligible percentage of the deck area, and the variance should be granted on a deminimus basis. (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: (al the cost to remove one foot of decking seems excessive given the extensive buffer; (b) thc porch is where it was built pursuant to permit. (3) The amount of relief requested is not substantial because: (al the deck request is one foot; (b) both structures are located the same distance from the bulkhead as the original house, and the setback appears to be in line with the residence to the East; (c) The porch does not extend beyond the original house lines, and applicant will agree to leave the deck open and unenclosed; (d) the bay window, which does extend slightly closer to the bulkhead than the original porch, is "floating": it ends several feet above the ground and does not have a foundation under it, and it does not extend closer to the bulkhead than the original roof over hang. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (al right of way to the West buffers impact; (b) structures do not extend beyond line of existing residences on either side. (5) Has the alleged difficulty been self-created? (X) Yes, or ( ) No. Are there Covenants and Restrictions concerning this land: ( ) Yes, or (X) No. 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 COMPEL TE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consttlt your attorney) S'~g)a~,gdre of A~pelia~t or Authorize~'~d~gent (,a/~g4nt must submit written Authorization from Owner) Abigail A. Wiekham, Authorized Agent Sworn to before me this/q'//oC' day of July, 2008 - ~ ~..~ Notary Public Cl~ep/1811,no~ ~. IIol~y P. ublic, 8~ate Of New~m'i ~o. 314670341 {lualffied In Suffolk Cou~., Commission E,v. pims februao/4, 20 .~./ p,O, r D OF APPEALS 11/17/2888 15:13 631-853-4844 S C PLANING DEPT PAGE 81/82 DEPARTMENT OF PLANNINC~ COUNTY OF SUFFOLK __ RECEIVED NOV I '/ 2008 STEVE LEVY ZON~Na BOARO OF APPiEn SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING November 14, 2008 Mr. G~7 Goehfinger, Chair Town of Southold ZBA 53085 Main Road Southold, New York 11971 Dear Mr. Ooehringer: Pttrsuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Plarml.ng Commission are considered to be a matter for local determination as there appears to be no significant county-wide m inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municival File.Numbers HoLman 6202 Stork,'Ryan&JenMfer 6232 Pmblow, Theodore 6234 Ya~akis 6237 TRK:ds Very truly yours, Thomas A. Isles, AICP ~lanning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR · P, O, BOX 6100 (631) 853-5191 100 VETERANS MEMORIAl. HIC~HWAY HAUPPAU(~E~ NY 117880099 TELECOPIER (6311 853-4044 tOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. N orthFork-net Approved ,20__ Disapproved a/c~ac~ ~ PERMIT NO. _ BUILDING PERMIT APPLICATION CHE'EKLIST Do you have or need the following, before applying? Board of Heagh 4 sets of Building plans Planning Board approval Survey Check Septic korm NY$.D E C. Trustees Flood Permit Storm Water Assessment Form Conlact: Phone: 'Z~'~ ~3~]~ J/IL 2 2 2008 BOARD OF APUE),LS Expiration_ ,20 Building Inspector ' - ' APPLICATION FOR BUILDING PERMIT . }A'( t ~.':_.~ ~ ,;I - Date May 9 , 20_ 0s i i INSTRUCTIONS a_This appli'dati~t~T'~icompletely filled in by typewriter or in mk and submitted to the Building Inspecto~ 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 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 pan for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Evep¢ 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 addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, OrdNances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildli~g for necessary inspections, d~.~y~/~/Z.~./ ff~ignatin'e of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises Bud Georqe Holman (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. l. Location of land on which proposed work will be done: 350 Park Avenue Mattituck House Number Street Hamlet Block 07.00 Lot 008. 000 County Tax Map No. 1000 Section 123.00 Subdivision Hap of blarratooka Park, FiledMapNo. 450 Lot. p/o 6 Property of Charles W. Wick-ha~ 2 State existing use and occupancy'o} premises and intended use ~,? occupancy of proposed construction: a. Existing use m~d occupanc> --~-~-' ?a'-cz'~ ~//~'x~ff'~' ........ h Intended use and occupancy___ ~z~ ,./~.~'W/~.~.~ _~ ~d~,/Z~L/~ 3. Nature of work (check which applicable): New Building_ Addition L'"/Aiteration Repalr_ Removal Demolhion __ Other Work (Description) 4. Estimated Cost Fee (To be paid on filing tiffs application) 5. If dwelling, number of dwelling units / Number of dwelling units on each floor If garage, number of cars (5. if business, cormnercial or mixed occupancy, specify nature and extent of each type °f use' - 7. Dimensions of existing structures, if anY: Front Rear Depth Height_ Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth_ Height_ Number of Stories 9. Size of lot: Front_ .Rear_ Depth 10. Date of Purchase_ Name of Former Owner 11 Zone or use district in which premises are situated_ ~ 12. Does proposed construction violate any zorfing law, ordinance or regulation? YES )~ NO 13. Will lot be re-graded? YES NO /h( 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. ls this properly within 100 feet of a tidal wetland or a freshwater wetland? *YES fi( NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property witlfin 300 feet of a tidal wedand? * YES '~ NO * IF YES, D.E.C. PERM/TS 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 Suffolk) Abigail A. Wickham being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing conh'act) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are lxue 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 this /ff~/.;.t.,q~ ~) iqay 20 08 Notary l~l~ public, State 0t New Yod~ No. ~1-4970841 OualJfJed [n Suffolk Oou~ // Signature of Applicant TOWN' OF: SO'OLD BUILDING DEP~ ~ ,~, ~:~{ENT Town Clerk's $onthold, N, Certificate Of OEcbpancy THIS CERTII~IES that the building located a[ . :.8/~..Pa~k- .t~ve ............ Street lwap l~o .....xx ...... Block No. -, ¢-X ....... con¢oms substantially to the Application for Build)n~ Permit h~retofore filed in this office dated ......... .~g ..... ~ , 19.6~ pursuit ~o ~hich Building Permit No. dated ............ i~ug'' E'~' ', 19. ~9, was isSU~i~ and conforms to all of the requ~e- ments of the appliCable provisions of the law. The oCcupancy for which this ce~ificate is The certificate is ~ued to .. ~:,Z~d' O'.' 'lt0~i~'''~' ':" .o~e~ ....................... - (owner, lessee or ~n~t) of the aforesaid building. Suffolk Cowry Department of Health Approval . ~;a~ ,2~.r. j ~70.. ~y..~k.. V.i].].a ..... Buildmg I~pector l~ouse # 3~'0 Re: rk 11952 SCTM#: 1000-123-7-8 j!]~.. 1 8 2008 BOAc D OF APt:'EALS BUD GEORGE HOLMAN, the owner of the above referenced property (the "Premises"), does hereby consent to its attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications to the Town of Southold Zoning Board of Appeals, Planning Board, Trustees, Town Board, Suffolk County Department of Health Services, Suffolk County Water Authority, and New York State Department of Environmental Conservation for variance and other required approvals of the Premises, including permits from the Southold Town Board, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals, including without limitation, soil testing, engineering work, excavations, and utility contracts. This authorization shall include all matters in connection with those applications. Dated: April 2~Z., 2008 S3xrm-4o_before me this  008 i / I MpARIE VICINANZA~ ZbaYhollman/consent SITE PLAN b PECOkJ/C BAY PARK !AVENUE 't WOO0 82°~1'24'' LU WOOD ~0 FT REAR 'ARD SETI]ACK EXIST I FU EXISTING DRIVE CUR~ING 124:4t' I I AS-8~ILT DECK~ dUL 2 2 2008 BCA,~D OF APPEALS BOARD OF APPEALS JUL 2 2 2oo8 BOARDJOF APPEALS _BiARD OF APPEALS APPLICANT'S PROJEC~-DES~~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A 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 constractcd? If yes, please provide height (above ground) Measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from 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 building ~rea: Z . % 3. Z°I*' LC 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): Vii. Covenants affecting Premises: 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 e altered with the yard view. FOR FII A. Is the subject premises listed on [] Yes l~No B. Are there any proposals to chan ~ No [; Yes, please QUESTIONNAIRE ,iNG ......... OUR Z.B.A., ~PP ,~e or alter land contours? eLq~ i tt 1) Are there any areas that contain wetland grasses? --NO 2) Are these areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? YES JUL 18 2O08 BOP'?,D OF APpEAL.c- 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five Feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (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? NO 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? NO 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 parcel Single Family Residence and proposed use Single Family Residence (examples: existing: single-family; proposed: same with garage.) Applicant recently replaced the bulkhead pursuant to permits from the DEC and Town Atith~/i~ed Signature and Date Abi~fil A. Wickham, Esq., Authorized Agent APPLICANT NSACTIONAL 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 Special Exception If "Other", name the activity: Change of Zone 2008 APPEALS Approval of Plat Exemption from Plat or Official Map Other / Do you personally, (or throu~ your company, spouse, sibling, ~ent,lor chi~)have a relationship ~ ~y officer or employee of the Town of,~outhold? Relat~nship includes by blood. mamage, or business interest. "Business interest me~s a business which the Town offic~ or employee has even a p~ial o~ershi~ent oy) a co~oration in which the To~ officer or employee o~s more than 5% of the shares. NO Complete ~e bal~ce offs fora ~d date ~d si~ 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 oftbe 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 Signature: Print Name: ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEWYORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com July 21,2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Bud George Holman 350 Park Avenue, Mattituck, New York SCTM# 1000-123-7-8 ZBA# 6202 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 RECEIVED JUL g g 2008 ~'ONING BOARD OF APP~AL..~_; Ladies and Gentlemen: In connection with the above application submitted on July 18, 2008, enclosed please find the following: 1. One additional set of all documents submitted with original application on July 18, 2008, including survey dated November 6, 2000 (7 sets & originals previously submitted); 2. 8 copies of survey dated November 6, 2000; and 3. Check in the amount of $150.00 representing the additional application fee required for the deck. AA W: cs Zba/Holman/ltrvar Very~r~y yours, _ j~'~irfiil A. Wickham LAW OFFICES WlCKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WlCKHAM (06-02) MATTITUCK, LONG ISLA~.~Jj;)..._-..-.---~ ~ ERIC J. BRESSLER NEW YORK 1195F [~O~5 BRO~ HOLLOW ROAD ABIGAIL A. WICKHAM ~ , 31TE 111 LYNNE M. GORDON ~ MELVILL NEW YORK 11747 JANETGEASA 631-298-8353 I OUL 2 2 2008 .... TELEFAX NO. 631-298~565 6 -249-9480 wwblaw~aol.com ~ _ ~,~ ,T-F:;~I4E~rA ( NO. 631-249-9484 July 18,200~ Town of Southold Zoning Board of Appeals ~ 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Bud George Holman 350 Park Avenue, Mattituck, New York SCTM# 1000-123-7-8 JUL 1 8 2008 BOARD OF APPEALS Ladies and Gentlemen: 0o.0 ~'~ t 5~0,.~.~ ~ We are the attorneys/agent for Bud George Holman and submit this application for a rear yard set back variance of 65 feet (required 75 feet) from the existing wood bulkhead and a side yard set back variance of 14 feet (required 15 feet). This pertains to thc "as built" porch and deck on the southwest side of the dwelling. The porch and roof are part of the original house permit and certificate of occupancy; the owner merely replaced the screens with windows, and added heat and a bay window in 1971. The deck was added approximately 20 years ago. Accordingly, we enclose an application fee of $400.00, together with the following papers, in seven sets: 1. Copy of Notice of Disapproval dated May 20, 2008 with application, map and tax map; 2. Consent from Owner; 3. Application to Southold Town Board of Appeals; 4. Map of Property; 5. Building Elevations and Floor Plan; 6. Questionnaire for Filing ZBA Application; 7. Transactional Disclosure Form; 8. Project description and photos; 9. Copy of the Assessors Card; 10. LWRP Consistency Assessment Form; 11. Copy of Certificate of Occupancy, 1970. AA FE'cs Zba/Holman/ltrvar Very t~ly yours, Bud George 152 Town of Southold LWRP CONSISTENCY ASI ;ESSM{~LT A. INSTRUCTIONS 1. All applicants for proposed actions that are subject to the ' Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. BOARD OF APPEALS B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 123 - 7 - 8 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees ZBA X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of action: Variance for insufficient setback from bulkhead (66 feet vs. 75 feet) and insufficient setback from sideyard (14 feet vs. 15 feet) Location of action: 350 Park Avenue, Mattituck, NY Site acreage: 1.785 acres Present land use: Single family residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Bud George Holman (b) Mailing address: c/o Wickham, Bressler, Gordon & Geasa, P.C., PO Box 1424, Mattituck, NY 11952 (c) Telephone number: Area Code (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a ~ NO If yes, which state or federal agency?, d[JL 2 2 200~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that e ~a~C~t~m(~ri~pEALS character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. tate or ~~ ~.~ ct Yes No (Not Applicable ) YES. This project seeks to legalize an enclosed porch which replaced a screened in porch built in 1971, and a deck constructed shortly thereafter, so that a more beneficial enjoyment and use of the coastal location may be had. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE There are no historic or archaeological resources on this site Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE. The structures are a small, integral part of an existing residence which have no adverse impact upon visual quality or scenic resources. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) YES. The structures are behind a new bulkhead and do not create any increase in flooding or erosion danger to the property. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE. No plumbing in these structures. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable) YES. Project does not adversely impact these locations, as all requirements of DEC and Trustees for bulkhead work are employed, and the buffer is close to that required (86%). Policy 7. Protect and impro~"~ air quality in the Town of Southold. Se'Lr'LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE 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. Yes No (Not Applicable) NOT APPLICABLE PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE. This is a private property. 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. Yes No (Not Applicable ) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE. Structures will not create impact on these waters. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable - YES. Ordinary residential usage. i .92,2D O? AP?SALS JUL 1 8 2008 ' F3OAR. D OF APPEALS ERIC J. BRESSLER ABIGAIL A. W1CKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GC 13015 MAIN ROAD, MATTITUCK, LON NEW YORK 631-298-i TELEFAX NO. 6 wwblaw~i P.~nON & CEASA P.C. .o. BOX gOZ ¥ 3 ISLAND 11952 275: JUL 2 2 2003 ME[ ~53 t.u,os. s OF APPEALS WIL lAM WICKHAM (06-02) ROAD HOLLOW ROAD SUITE 111 VILLE, NEW YORK 11747 631-249-9480 TELgPAX NO. 631-249-9484 May 9, 2008 Attn: Mr. Damon Rallis Town of Southold Building Department 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Owner: Bud George Holman 350 Park Avenue, Mattituck, N.Y. SCTM # 1000-123-7-8 Variance Application Dear Damon: Our client is seeking approval for an as built porch and deck on the property referenced above. I believe that he will need a variance for the porch and deck at less than 75 feet from the bulkhead, and for insufficient sideyard setback of the deck. Enclosed are the following for issuance of a notice of disapproval: 1. Application for building permit. 2. Check to Town of Southold for $50.00. 3. Copy of tax map of area showing subject parcel in yellow. 4. Copy of survey showing site layout. 5. Copy of consent of owner. Please advise if you need any further information. Very truly yours, /Abigail A. Wickham AA IV~al Encl/zba/Hontcdisappr Re: Premises: ~50 Park Avenue, SCTM#: 1000-123-7-8 CONSENT Mattituck, New York 11952 BUD GEORGE HOLMAN, the owner of the above referenced property (the "Premises"), does hereby consent to its attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications to the Town of Southold Zoning Board of Appeals, Planning Board, Tmstees, Town Board, Suffolk County Department of Health Services, Suffolk County Water Authority, and New York State Department of Environmental Conservation for variance and other required approvals of the Premises, including permits from the Southold Town Board, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals, including without limitation, soil testing, engineering work, excavations, and utility contracts. Tiffs authorization shall include all matters in connection with those applications. Dated: April 2~'L., 2008 Skvorn~o~efore me this 2008 v / ,t' MpARI, E VICINANZA~ ' ~/~l,~oa~y ublc, StatejY[NewYork / ~) {~ ~og739750- ~[abge C~unty Zba/hollman/consent Office Location: 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 TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 22, 2008 By Regular Mail and Fax Transmission Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa PC 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA # 6203 - Apphcation for Variances (350 Park Avenue)) Dear Ms. Wickham: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of October 16, 2008 for your permanent records and use in the next step with the Building Department. If you have any questions, please feel free to call. Thank you. Very truly yours, Copy of Decision 10/22 to: Building Department Town Clerk (original for filing) 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 July 24, 2008 Zoning Appeal No. 6202 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net JUL 2 4 2808 ZONING BOARD OF APPEALS Transmitted herewith is Zoning Appeals No. 6202 of Bud George Holman- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form (3 pages), Applicant Transactional Disclosure Form, Cover Letter from Wickham, Bressler, Gordon & Geasa, P.C. Dated May 9, 2008, Cover Letter from Wickham, Bressler, Gordon & Geasa, P.C. Dated July 18, 2008, Cover Letter from Wickham, Bressler, Gordon & Geasea, P.C. Dated July 21, 2008, Copy of Application for Building Permit With Disapproval Dated 5/20/08 (2 Pages), Notice of Disapproval from Building Department Dated 5/20/08, Certificate of Occupancy for One Family Dwelling Dated 5/29/1970, Authorization Letter from Bud George Holman to Wickham, Bressler, Gordon & Geasa, P.C. to Represent him in this Matter, 4 Photos of Property Showing West, East, South & North Sides of Property, Tax Map with Property Highlighted, 2 Pages of Property Record Card, 2 Copies of Site Plan of Property Showing Existing Structures Dated November 2001, Enlarged Copy of Site Plan, 2 Pages of Drawings Showing Elevations of Existing Structures, Copy of Floor Plans, Survey of Property Prepared by Nathan Taft Corwin III, Land Surveyor Dated November 6, 2000. JUL ~ 4 2008 [gN~t,~r~S~RD O~ ZBA TO TOWN CLERK TRANSMITTAL (Filing of Application end Check for Processing) DATE: 7/22/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 14721 $400.00 JUL 2 4 2008 6202 HOLMAN, Bud George 14723 $150.00 ~o, ~hold Town Clerk $550.0o By__ Thank,'ou. Date: 07/24/08 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * RECEIVED JUL 2 4 ~oo~ ZONING BOARD OF APPEALS Receipt'8: 26142 Transaction(s): 1 1 Application Fees Reference Subtotal 6202 $550.00 Check#: 14721 & 14723 Total Paid: $550.00 Name: Wickham, Bressler Gordon & Geasa 13015 Main Rd P O Box 1424 Mattituck, NY 11952 CAROLH Clerk ID: Internal ID: 6202 APPEALS BOARD MEMBERS 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 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 25~ 2008: 2:45 P.M. BUD GEORGE HOLMAN # 6202. Request for Variances under Sections 280-14 and 280-116, based on the Building Inspector's May 20, 2008 Notice of Disapproval concerning an as-built porch enclosure and deck addition to the existing dwelling, which are less than the code-required minimum of 15 feet on a side yard in this R-40 Zone, and less than 75 feet from the bulkhead adjacent to Great Peconic Bay, at 350 Park Avenue, Mattituck; CTM 1000-123-7-8. 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 28, 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 1 1th -- Sworn to before me this day of September, 2008. NIFER SlORK # 6187 Request for Variances under Sections-280-116 and 280-I24. based on the Building Inspec- tor's Ma~ 15. 2008 Notice of Disapprov- al concermng a proposed new dwelling ~ after demolishing the existing building/. The new dwelling is proposed at less than 15 feet on a single side yard. less than 35 feet ~n total side yards, and leas than 75 feet from the existing bulkhead adjacent to Great PeconicBay. Location of Property: 3270 Peconlc Bay Boule. va~l, Laurel: CTM 128-6-8. 1:45 EM Carryover: PINE NECK HOLDINGS g6180. Variance for deck addition to the dwelling at less than 75 feet from the bulkhead at 1475 Pine Neck Road, Southold: CTM 70-5-40. 2:00 I~M. HENRY TRAENDLY aqd BARBARA A. CADWALLADER #6154. Sont~ Side of Main Road INYS Route 25I, East Marion. adjacent to Gardiners Bay. - A/ZBA g6207 -This ~s a request for Waiver of Lot Merge_r u~der Article Section 100-2o, based on the Building Department's July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and ll. ln Districf 1000. Section 3L Block 14. are merged pursuant to Section 280 10. which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or ¢onconforming lot which has been held m common ownership with the first lot at any time after July 1, 1983. An ad- jacent lot is one which abuts with the parcel for a common course of fifty (50, feetoz morem distance. Nonconforming lots shall merge untd the total lot size conforms to the current bulk schedule requirements" B) ZBA ~6154. (Carried from July24, 2008) - Tiffs is a request for Variances undez Section 280q2a based on the Building Inspector's Januar) 30. 2008 Notice of Disapproval. araended July 25, 2008 concenimg a proposed single-fami- ly dwelling (after demolition of an ~xlst- mg b~ilding) with a proposed single side yard at less thatl the code required mini- mum of 10 feet. les~ thah the required comair' ed side yards of 25'feet, and less than ~5 feet from the front yard lot line. at 13000 Main Road. East Marion: CTM 31-14-11 .... ;~CalAL NOTICE - ' SOUTHOLD TovIrN ZONING BOARD OF APP, EALS THURSDAy, SEPTEMBER 25, 2008 NOTICE IS;I-IEREBy GiVEN, pu~ suant to Section 267 of the Town Law and Town Code Chapter 280/Zoningl~Town of Southold. the following public hear- rags will be held by the SOUTHOLD fOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. P.O. Box 1179. Southold. New York 11971-0959, on THURSDAY. SEP- 9:30 A.M. EDWARD BOND. ARCHUK g6178. Request for a Vari- ance unde~ Section 280-116B based on' the Building Inspector's December 10. 2007 Notic~ of Disapproval concermng an as-built hot tub and deck in a loca- tion at less than 75 feet from the exist. mg'bulkftead, at 6g0 Blue Marlin Drive. SoutholdlCTM 1000-57-1-28. 9:45 A.M. PAUL SItJtNSKY g6203 Request for a Variance under Section 280-124, based on the Building Inspec- tor's July 21 2008 Notice of Disapproval concerning a proposed dwelling on a aoaconforming 14;000 ~quare foot par- cci with a lot coverage oxceeding the c6de imitation of 20% ~or ail b~ilding area,at 770 Pinewood Road; Cutchogue; 10:00 A.M. ARTCO ami COAST- ~E CESSPOOL &DRAIN SER- ~g/{6200. Request~for Variances un- der Sectipn 280-64A and 280~64C, based on the Building Inspector's May 15.2008 Notice of Disapproval concerning a pro- and. drainage company. The reasons for disapproving the building permit appl~- cation ate:(1) the proposed constructio~ is less than the code-required minimum of 100 feet from the right-of-way of each Corporate Road and Comn~erce Drive, and(2) the proposed building will have buildifiglJnear fr0ntag9 greater thaa the code ~um of 60 linea~ feet along one street, Loc~fion of 'Property: Comme~e Drive, Cutchogue (North -L6. ~Zone District>Light Industrial: will-2exceed the~ codg maxLmum of 660 square feet on ,th. is 14;600 square foot lot, Lot Size: 47 344 square fegt. 2:30 P2vl. JENNIFER JACOBS AND i0:I5 A.M. ,RORERT SOMMER. CLAYTON GATES g6206. RequestIor VILLE' g6204. Request for t/Variance Variances ilnder Section 280-124. based Jmder ,Ser~ion ~°d~-tg,,thased on the on tke- Building Inspector's July 24 Building lnq~ector's June 10, 2008 No- 2008 Notice of I~isapprovai conce~raing rice of Disapproval concerning a p~o- a proposed second-story addition and pos6d accessory garage with a siz~ that alterations to the existm~ dwelling, with a setback of less than the code-required mimmum of 10 feet on a single side and less than amimmum of 35 feet from the rear yard lot line. at 645 lackson Stree[ New SUlloI~: CTM 1000-117-9~5.2. Lot S/ze: 12,760 square feet [nonconform- ing) in R~40 Low-Density Residential Zone District Disapproval q~imerning a proposed 2;45 RM. BUD GEORGE HOL- dwelling; afrcr' ~demo is~in~ the' exist-- MAN g 6202. Request for Variances un- lng dwgiling aad'.aecessory garage. The der S~ctions 280-14 and ,280-116. based reason for.disapproval 0f the building on the Building Inspector s May 20, 2008 permit ~pp~icati~n is that the new con- Notice of Disappro~a concerning an as- sti'uc~ilD~'16.~ tl~aii th~ ~ode:requlred '~ but p6rch enclosure and deck addition miai~u/~f~fabg from lbo front yard ~[~to the existing 'dwelling, winch are less -lo~lineandrear~yard,lot line. I~cation of than the e6de-required minimum of 15 uo,~iuo-~-22, less than 75 feet from.the bulkhead ad- 1~141 A3vL ,IAMES'~gad MAE MAU- lucent to Gteat Pecomc Bay, at 350 Pai'k ~RI g6199. R~lu~st f~-~a~ariance under Avea~a, Mattithe/t: CTM 1000-123-7-8. located VarianCe at 650 Request for 280-124 tot's July a nonconforming d,999 square £o9t par- cel which new ~onstructibn will be less than lhe code required minimum Of 10 feel m a single side yard setback and less titan 35 feet on tile minimum front yardketback, at 165 Second Street. New O' S~set GERARD E GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375Maln l~o~d (Office Location) 53095 Main Road (Mailing/LISPS) EO. Box 1179 Southold. NY 1t971-0959 all ' ~00 -' /2.-.~ ' O~- ~ m~s~WWIl~ ~11 ~,~ m Isn~s~nmns~ · n~s~m VILLAGE )WNER STREET SUB. :ORMER OWNER (/ qEW :ARM illable I 'oodlcnd vampland -'s. 4vd: s s. LAND IMP. AGE NORMAL Acre pie 2 liable 3 'ushland )tal S E W BELOW ABOVE TYPE OF BUILDING VL ~/ FARM COMM. CB. MISC. N~k.t: ~alue TOTAL DATE REMARKS Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD J~JL 18 2008 u,...,~.?..u OF AH?EALS ause Plot DEPTH ~ BULKHEAD DOCK COLOR v~. Bldg. !xtension :xtension Extension ~orch Breezewa? Garage Patio O.B. Total Foundation ;¢~,,, ,/'& ,,'¢.~ '¢ ,C Both ~ ment Floors ~<.~ ¢¢+ .~' ,, Ext. Walls t;~ Finish Fire Place ] ~, ~ ~ ~ Heat /.//:::::) Type Roof ),ecreation Room Driveway Rooms 1st Floor Rooms 2nd Floor JUL ! 8 FUR PCL. NO, 0 0 F- pECoNIC ZONiNG BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BUD GEORGE HOLMAN Parcel I.D. No. 1000-123-7-8 ZBA#6202 AFFIDAVIT OF POSTING I, Abigail A. Wickham, having an address at 13015 Main Road, Mattituck, New York 11952, being duly swom, depose and say that: On the 17th day of September, 2008, I personally placed the Town's official Poster, with the date of heating and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or tight-of-way (driveway entrance) - facing the street or facing each street or tight-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject heating date, which heating date was shown to be September 25, 2008. Swom to before me this ,,2 ,..~/~day of September, 2008. //~bigail A. Wickham Notary Pubi~' - "' 2IAFFPOST Cheryl Simons Notary Public, State Of NewYOfl[ No. 3%4970341 Oualilied tn Suffolk County Commission Expires February 4, 20~ 09:28 FROM:WICEAM BRESSLER 631 ~98 8565 TO: 6517659064 P. 00Px00~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BUD GEOROE HOLMAN Parcel I.D, No, 1000-123-7-8 ZBA~6202 AFFIDAVIT OF POSTING [, Abigail A Wick. ham, having an. address at 13015 Main Road, Mattltuck, New York 11952, being duly sworn, depose and say that: On the 17th day of S?tembcr, 2008, I!personally placed the Town's official ?oster, wit ~ the date of hearing and nature of fll~ applicatio 1 noted thereon, securely upon the property loCated ten (10) feet or elmer from the street or fight.of-way (driveway at, trance) - facing the street or facing each street or fight-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject h ' ' ' eanng da.m, which hearing date was shown to be September 25, 2008. SWum to before me this ,~ ~:~-~day of September, 2008. Notary PUb~' - "' 0hetyl$1hlo~l~ ND. 31~9705~I Qualified In Suffolk C~ // 21~FF~OE~ ~ommission ~l~s Febma~ 4,'~ ZONiNG BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BUD GEORGE HOLMAN Parcel I.D. No. 1000-123-7-8 ZBA#6202 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) AFFIDAVIT OF SERVICE BY MAIL I, Cheryl Simons, residing at 7 Kathy St., Hampton Bays, NY, being duly sworn, depose and say that: On the 10th day of September, 2008, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: David C. Corieri & Anne P. Corieri 155 Brompton Road Garden City, NY 11520 1000-123-1-6 Joan C. Conway & William J. Conway 9 Michigan Road Bellrose Village, NY 11001 1000-123 -7-5.2 Melvyn Morris Mary Eisenstein 272 Park Avenue Mattituck, NY 11952 1000-123-7-6 Cynthia Oleary 40 Morris Lane Scarsdale, NY 10583 1000-123 -7-7.3 Louis Ferrari & Linda Ferrari 410 Park Avenue Mattituck, NY 11952 1000-123 -7-9.1 David C. Corieri & Anne P. Corieri 155 Brompton Road Garden City, NY 11520 S~ to before me this day of September 2008. cb,hSta/-y Public ' DONNA McGANAN Notary. Public, State of New York p~o. 01MC4851459 Qualified in Suffolk Counb~ Commission Expiree Aug. 18, ~ 1000-123 -7-9.2 Cheryl Simons ZBA/holman /affmailzba *0.42 $0.00 Ann P. Corieri & David C. Corieri; ~ree£ ~7.r ..................................................................... Garden NY 11530 Postage !~O ,d, f2 Celtified Fee *~. 70 ,2.20 $0.00 $ $5.32 09/i0/2008 Joan C. Conway & William J. Conway~ I Postage $ ,0.q2 0952 < Cynthia Olearz 40 Morris Lane ~if ~si~;~f~- .................................................................... -] ~ars~ N 1~83 $ $0.42 0952 *2.70 ,x~3~~'~'' '~: , ,2.20 Louis Ferrari & Linda Ferrar: r~[-~:: ...................................................... I [or~oo*~. 410 Park Ave. ...................................................................... Return RecJept Fee (~do~mem Required) ~d Oellvely Fee (Endorsement Required) ,2.70,2.20 ~" ~', ~' ~ ~. $5.32 09/10/2008-- r~ /Melvyn Morris & Mary Eisenstein ~.¢ ~ [o,~oso~~¢.~[r'~4'~'t:~8: ....................................................................... 272 Park Avenue r,- ['¢~i~;~r~f;r ..................................................................... L__..~.a,,t/.L~uck~ ~ 1:~5~ .................... Postage Codified Fee Return Receipt Fee (Endorsement Redulmd) Restricted Delivery Fee (Endorsement Required) Total p(3~tage & Fees *0.00 $ $5.32 09/10/2008 tSent To ' V ~ David C. Corieri & Ann P. Corierz ] ~ fr~ ',~'~: NKF ....................................................................... I .o,. f.?..o~:~?:.....:...5..5....~...:..o.~.. %.o.~....~.o.~...q .............................. 1 Ci~ State, ZIP+4 [ Garden City, NY 11530 · 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: David C. Corieri Anne P. Corieri 155 Brompton Rd. Garden City, NY 11520 if YES, · [] Agent ~ [] Addressee k Date of Delivery []Yes 2. Article Number (Transfer from ~ervice label) PS Form 3811, February 2004 3. Service Type . , [] Certified Mail [] Ex~e;~ ~'ail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7007 0710 0002 2346 9167 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is c~esired. · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Joan C. Conway William J. Conway 9 Michigan Road Bellrose Village, NY 11001 [] Agent 17 []Yes [] No i Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D, Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7007 0710 0002 2346 9174 (Transfer from service label) PS Form 3811, February 2004 Dome~tc Return Receipt 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. 1. Article Addressed to: Melvyn Morris Mary Eisenstein 272 Park Avenue Mattituck, NY 11952 ~s different flom item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail ~ Registered ~ Return Receip! for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Numbe~ (Transfer from service label) 7007 0710 0002 2346 9181 · PS Form 3811, February 2004 Domestic Return Receipt ~Sg,.~O2-M-~S40 · 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: Cynthia Oleary 40 Morris Lan~. $carsdale, NY 10583 ~Agent [] Addressee Received /(PdnredNarne) C. Date of Delivery D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Se ' Type [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 381 1, February 2004 7007 0710 0002 2346 9198 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. 1. Article Addressed ~: Louis Ferrari Linda Ferrari 410 Park Ave. Mattituck, NY 11952 O Agent [] Addmssee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] R~istered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delive~7 (Extra Fee) [] Yes 2. Article Number (Transfer from service lab~) 7004 1350 0005 1623 8274 PS Form 3811, February 2004 102595-02-M-1540 · Complete ~tems 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. t, Article Addressed to: Ann p. Corieri David C. Corieri 155 Brompton Rd. Garden City, NY 11530 [] Agent [] Addressee C. Date of Delivery ,17 []Yes [] No 3. Service Type [] Certified Mail [] Registered [] Insured Mail [] Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) [] Yes 7007 0220 0004 0044 9625 2. Article Number (Transfer from servic~ label) = PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 4 Attached Images 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 9nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durin.q the hearin.q, 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 Mailin¢l (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 Posting 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, $3095 Main Road, Southold: NAME HOLMAN, BUD GEORGE #6202 MAP # 123-7-8 VARIANCE SETBACKS REQUEST AS-BUILT PORCH & DECK DATE: THURS, SEPT. 25, 2008, 2:45 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 O~f£ice Location_: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Addresj: 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 recording) REFERENCE:: [] URGENT ~'~OR YOUR UPDATE [] PI EASE C()?,iMEN'i [] AS REQUESTI£D [] NOTES/COMMENTS: Please fred attached copy/copies of fire following: Thank you Sender's In/rials: APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailin~ Address: Southold Town Hall 53(195 Main Road · PO. 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 July 23, 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 #6202 Action Requested: Within 500 feet of: Owner/Applicant: HOLMAN Setback and Bulkhead ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Silnon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 July 23, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6202 (HOLMAN) Dear Mark: We have received an application for an as built porch enclosure and deck addition as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. 667.00' pOLF- SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-125-07-08 ' 30' SCALE 1 = NOVEMBER 6, 2000 APRIL 9, 2001 ADDED TOPOGRAPHY OF BLUFF AREA = 77,758.43 sq. ff. (TO TIE UNE)1.785 OC. NOTE; I. THIS PROPERTY iS SHOWN AS PlO LOT(~ MAP OF MAI~RATOOIC~ PARK FILE IH THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON NOVEMBER 1. 1905 AS FILE No. 450 2.FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0482 G ZONE VE: COASTAL FLOOD WITH VELOCIIh' HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. 1. ELEVATIONS ARE REFERENCED TO N.O.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ EXISTING CONTOUR LINES ARE SHOWN THUS: .... 5 N.YS Lic. No 50467 Nathan Taft Corw,n III Land Surveyor Fox (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IR ANY, NOT SHOWN ARE NOT GUARANTEED. \ \ ZONE_ ~ONE HOUSe a OARAGe 82'41'24" ~/ Gt~EAT I~ECC Y 20-60