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HomeMy WebLinkAbout6274 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailim, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF: JUNE 16, 2009 RECEIVED ~, ~,'/ed JUN 2 ~. 2009 ZBA FILE # 6274 -LEANN NEALZ, Applicant PROPERTY LOCATION: 195 Village Lane, Orient CTM 1000-18-5-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 13,875 sq. ft. lot in the Residential R-40 District with 130 ft. of frontage on Village Lane, 140.45 feet on the southerly side yard, and 118.20 feet on the northerly side yard. It is improved with a single-family, one-story dwelling, 413 square foot accessory garage, and 600 square foot lap pool, as shown on the December 1, 2008 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on the Building Inspector's January 14, 2009 revised Notice of DisapprOval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limitation of 20%. RELIEF REQUESTED: THe applicant proposes to add 140 square foot ground floor and second-story covered screened porch construction measuring 5 feet x 28.4 feet. The proposed screened porch addition has a 31 ft. rear yard setback at the nearest point where the code requires 35 feet. This new construction will increase the current non-conforming lot coverage from 21.6% to 22.7%, as shown on the plot plan by Bruce McGregor Goble, Architect, dated September 30, 2008. ADDITIONAL INFORMATION: The subject property is listed on either the Southold Town, New York State and/or National Registers of Historic Places and, as such, the proposed additions and alterations are not permitted without review and approval by the Southold Town Landmarks Preservation Commission and the issuance of a Certificate of Appropriateness before a Building Permit will be approved. 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 these variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' rear yard is completely enclosed by mature evergreen plantings and is not visible from any adjoining properties or the street. The proposed uses of these screened porches for sleeping and sitting are both seasonal in nature and will cause no disruption to the neighborhood. Page 2 - June 16, 2009 ZBA # 6274 - L. Nealz CTM Parcel 1000 18-5-8 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, othe~ than an area variance, because five feet is the minimal depth necessary to build a functional porch. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The current rear yard setback of the existing dwelling is 36.4 feet. The proposed screen pomh additions ara only 5 feet deep and will decrease the rear yard setback to 31.1 feet, encroaching 3 to 4 feet into the required rear yard setback only on the north comer. The proposed lot coverage of 22.7% will increase the current non-conforming lot coverage of 21.6% by 1.1%. The proposed total lot coverage represents a 13.5% variance from the code required maximum lot coverage of 4. Town Law §267-b(3)(b)(5). The difficulty in terms of lot coverage has been self-created in so far as the applicant received previous variances from the ZBA to construct an accessory garage/studio and lap pool that created the current non-conforming lot coverage, thereby requiring a vadance to increase the degree of non-conformity. The difficulty of the rear yard setback is not self-created because the existing house is located 36.4 ft at the closest point from the rear yard property boundary which leaves virtually no conforming setback location to construct an addition in the rear yard. 5. Town Law. ~267-b(3/Ibl/41. 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 site is fiat, and the land disturbance caused by the proposed additions will be minimal. 6. Town Law §267-b(3). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of screened pomhes, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Schneider, and duly carried, to GRANT the vadance as applied for, and shown on the plot plan and architectural drawings prepared by Blake McGregor Goble, Architect September 30, 2008 and labeled TPI.0,TPI.I,A0.0, A1.0, A1.1, A1.2, A3.0, A3.1, subject to the following Conditions: 1. The screened porches shall remain seasonal in use, and shall not be heated or enclosed with windows. 2. The preposed addition shall be fitted with gutters and leaders to discharge roof runoff into a drywell. That the above conditions be wdtten into the Building InspectoYs Certificate of Occupancy, when issued. Any deviation from the vadance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject properly 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 Goehringer (Chairm~~~lution adopted (4-0). Member Oliva was absent. ~,,,,,~une 20, 2009 was duly W m PLOT PLAN (NO 33~-4'' (EX,) PROPOSED NEW STOOP PROPOSED ROOF 53'-11' (EX,) PORCH-,' L EXISTING 1 STORY FRAME DWELLING (1476 S,F,) PROPOSED SCREENED PORCH ADDITION (140 S F.) 51'-4" (EX.) .J GARBAGE 56'-9" (PROPOSED) J''~ SCALE) ALTERATIONS TO: 195 VILLAGE LANE ORIENT, NY LIST OF DRAWINGS TP1,0 PLOT PLAN AND ZONING CALCULATIONS TPI.1 SITE PLAN A0.0 FIRST FLOOR DEMOLITION PLAN Al,0 F1RST FLOOR PLAN A1.1 SECOND FLOOR PLAN A1.2 ROOF PLAN A3.0 NORTH AND SOUTH ELEVATIONS A3A EAST AND WEST ELEVATIONS ZONING CALCULATIONS ADDR6SS: VlLLADE LANE FINAL MAP OR 6NT, NY 1 9S7 REVIEWED BY ZBA SEE DECISION # BLOCK 5 ZONING DISTRICT R-40 (NON-CONFORMING LOT) BULK ANB AREA REQUIREMENTS /E,~XI~T I N G~ _~ _PROP~OSED~D~ PERMITTED/REQUIRED LOT AREA: 13.875 S.F. 13.875 S.F. 40.000 S.F. BUILDINGDING ARE1ARE 3007 S,F(216~-- 3149 S.F~2.,X)~/)-- % 2779 S.F. (207 MAX.) M~ 1475 S.F, 1475 S.F GARAGE 413 S.F, 415 S,F, 600 S F (MAX.) SWIMMING POOL 600 S.F 600 S F EX PORCH * PATIO 519 S F 519 S F PROPOSED PORCH 0 142 S.F. PROPOSED STOOP 0 22 S.F. (NOT INCL.) 950 S.F (MIN FLOOR AREA 1392 S,F, 1896 S.F CELLAR 1392 S,F.(NOT INCL.) 1,392 S.F,(NOT INCL ) FIRST FLOOR 1392 S.F. 1392 SECOND FLOOR 0 S F 504 S F. 3UILDING HEIGHT 21 FT. 21 FT, ~ 55 FT. (MAX,) EXISTING PROPOSED REQUIRED LOT WIDTFI 130 FT, 130 FT, 80 FT. LOT DEPTH 118 S FT, 118 3 FT, 100 FT. FRONT YARD 33.,3 FT, 33.3 FT r 35 FT. 1 SIDE YARD 29 5 FT. 29 5 FT, 15 FT. BOTH SIDE YARDS 62 1 FT 62.1 FT. 35 FT. REAR YARD .36,3 FT, 31 FT, 35 FT ZONING CALCULATIONS 0 d Z N Z Ld Z EX, LANDSCAPE SCREEN HEDGEI EX. STONE PATIO SELF-CLOSING LOCKING GATE PROPOSED NEW OPERABLE SKYLIGHTS PROPOSED NEW DORMER EXISTING 4' FENCE EX. SWIMMING POOL 600 S F EX. FENCE & GATE I EX GRAVEL DRIVEWAY -- EX ACCESSORY GARAGE SELF-CLOSING LOCKING GATE EX, C,P. GRADE BELOW WALL OF EX, I BLDG, BELOW PROPOSED NEW BALCONY & COVERED PORCH EXTENSION T FINAL MAP R~WE~o BY Z N ('vi REMOVE EX. SCREEN DOOR I& STOOP IREMOVE EX. WINDOW & PORTION OF WALL lAS SHOWN h n ri DEMOLITION PLAN: FIRST FLOOR DN REMOVE EX. DOOR, FRAME, PARTITIONS & LADDER TO ATTIC P n I EXCAVATE FOR NEW FOUNDATION & FOOTING IREMOVE EX WINDOW & WALL BELOW REMOVE EX. WINDOW & WALL BELOW SILL TO FLOOR PLAN: FIRST FLOOR NEW CAB, FIREPLACE SURROUND PROPOSED NEW WOOD & GLASS DOORS ~ LOCKING) (SELF-CLOSING __ NEW STAIR LANDING NEW SCREENED PORCH LINE OF ROOF OVERHANG ABOVE 1" X 6" CEDAR DECKING TYP PROPOSED NEW SCREENED PORCH NEW DOOR NEW DOOR EX. FOUND'N WALL 2 X 8 ANCHORED TO EX, FND WALL SCREEN 2 X 8 16" O,C, ALIGN W/ EX, FOUND'N. '1 '1 CONC, FOUND'N FOOTING (TYP FOR 5) (2) 2 X 8 © PERMIETER (TYP) T I J NOTE: ALL FRAMING MEMBERS AT GRADE LEVEL TO BE PRESSURE TREATED LUMBER FOUNDATION PLAN (PARTIAL) & STRUCTURAL FRAMING DIAGRAM: (SECOND FLOOR DECK SIM.) FINAL MAP # tDATt'-.D {¢ /[~ I -j ~NEW SKYLIOHTS ABOVE (OPERABLE) STORAGE AREA DEMOLITION PLAN: FIRST FLOOR EX, MASONR' CHIMNEY BATH DN- // NEW WIND ~NEW SKYLIGHT /ABOVE (OP) BEDROOM NEW AWNING WINDOWS NEW COVERED BALCONY t II II NEW STAINED WOOD,, O,C.) I STUDS (2 X 6 ~ 16 __ GUARDRAIL HT, 42" NEW CEDAR DECKING ;W STAINED WOOD STUDS {2 X 4 © 24" 0 C,) NEW STAINED WOOD t STUDS (2 X 4 © 24" O.C) FINAL MAP REVIEWED BY ZB SEE DECISION DATED_ (~ I/~ d 0 0 '%, NEW COPPER (CONT.) RIDGE VENT EX. CEDAR SHINGLES .EW I ROOF EXTENSION OVER COVERED BALCONY (CEDAR SHINGLES TO MATCH) EX COPPER GUTTERS TYR, NEW COPPER GUTTER LINE OF tFACADE EAST BELOW ILINE OF SCREEN PORCH FACADE BELOW COPPER RIDGE VENT (CONT,) NEW COPPER GUTTER EX COPPER GUTTERS TYP. DEMOLITION PLAN: FIRST FLOOR FINAL MAP REVIEWED BY ZBA SEE DECISION # ~;0}7~ )ATED ~ I /~ I ~9 o EX. CHIMNEY COPPER RIDGE VENT (CONT.) EX ASPHALT SHINGLLb EX COPPER GUTTER EX. ROOF ~I~NEW ROOF METAL ROOFING ~ TRIM J (OXIDIZED COPPER) NEW ASPNALT t TO MATCH EX, SHINGLES CEDAR SIDING PROPOSED NEW DORMER PROPOSED NEW AWNING WINDOWS STAINED WOOD TRIM TYP. NEW COPPER GUTTER (MATCH PROFILE OF EX ) EX. STAINED WOOD POST, TRIM AND STEPSt EX. CEDAR SHINGLES-- EX, MASONRY FOUNDATION PROPOSED NEW SCREENED & COVERED PORCH STL, BRACING GUARDRAIL SOUTH ELEVATION EX. CHIMNEY COPPER RIDGE VENT (CONT ) EX ASPHALT SHINGLE~ EX COPPER GUTTER- EX, STAINED WOOD POST, TRIM AND STEPS EX CEDAR SHINGLES EX. MASONRY FOUNDATION- NEW COPPER RIDGE VENT EX ASPHALT SHINGLES PROPOSED NEW OPERABLE SKYLIGHTS FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED I0 ! I~ PROPOSED NEW FRENCH DOORS PROPOSED NEW IWOOD STOOP NORTH ELEVATION PROPOSED NEW DORMER PROPOSED WINDOWS NEW AWNING PROPOSED NEW STAIR LOW WALL T,ORIDGE (EX & PROP,) EL, 21'-0" :W SKYLIGHT ATTIC/2ND FLOOR (EX.) EL. 11'-6" FIRST FLOOR (EX,) AVG. GRADE EX, STAIR TO CELLAR BUILDING SECT[ON ? N t NEW CASEMENT --WINDOW (STAINED WOOD FRAME & SASH) LINE OF EX. BE REMOVED WINDOW TO LINE OF EX. ' ~DNBOW: TO REMOVBB ~' wdod :DO:~R' iT-YP:: :: POR:2~ - :: : WINDOWS EAST ELEVATION: BEHIND SCREEN PROPOSED NEW DORMER BEYOND WEST PROPOSED NEW t COPPER RIDGE VENT (CONT,) PROPOSED NEW DORMER W/ METAL ROOF[NO 8~ CEDAR SIDING (FRONT) ELEVATION: NO PROPOSED WORK ZBA GUARD RAIL BEHIND STAINED WOOD POSTS & TRiM METAL BRACING EX, WINDOWS & FOOTGS TYP, EAST ELEVATION: SCREENED PORCH MAIN l~U. OF SECTOr ~~ ~ ~YOR~ STATE,EDUCATION LAY/. "'" .,, EX,PT AS ~~ - ~OR-2. ~L CERTF~A TIONS ~ Rte. x~ ~ HE~ ARE ~~"~'~ A~ C~IES TH~E~ ~L Y ~ ~ SA~ ~P O8 ~ ~ iESSEfl SEAL OF T~ SUEVEYOR /, A~ITIONALLY TO ~ Y FITH S4~ LA~ THE TE~ ~ MUST BE US~ ,: ~LL. V~Y~S UT[IZ~ A C~pY ~ ~o~ ' N/O/F C. WA CHsBERGER / 4o. 45, AREA = 13,875 e~ fl. SURVEY OF PROPERTY A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, 1000 - 18 - 05- 08 Scale.. I" = 20' June 5, 2001 DEC. I~ ~008 CERTIFIED TO' ELIZABETH I=EYTON ANTHONY JUST FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEll~ YORK ~ ~~ LIC. NO. 4961~ ' X~FO*4c~iRs, P.c.- --- ' ~~ FAX (6a,, 76§-,797 123~LER STREET SOUTHOLD~ N.Y. 11971 VIEw FROM REAR YARD looking NORTHWEST DO~ER WOULD OCCUR VIEW FROM STREET looking NORTH EAST TO: Blake Goble For Elizabeth J. Peyton (Fowler/Nealz) 135 West 29th Street #1203 New York, NY 10001 NOTICE OF DISAPPROVAL Revised: Janu~ 14, 2009 Please take notice that your application dated November 5, 2008: For permit to construct a rear screen porch addition to an existing single family dwelling at: Location of property: 195 Village Lane Orient, NY County Tax Map No. 1000 - Section 18 Block 5 Lot 8_ Is returned herewith and disapproved on the following grounds: The proposed rear screen pomh addition to this existing single family dwelling, on a non- conforming 13,875 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots measuring less than 20,000 square feet in total size, require a rear yard setback of 35 feet and lot coverage of 20%. The proposed addition shows a rear yard set back of 31 +/- feet and lot coverage of 22.7%. This disapproval is based on page TPI. 1 of plans by B^Space Architecture & Design dated September 30, 2008, revised 1/12/09. In addition, the proposed additions and alterations am not permitted without review and approval by the Southold Town Landmarks Preservation Commission, because the property is listed on either the Southold Town, New York State and/or the National Registers of Historic places and requires review by the Southold Town Landmarks Preservation Commission. If the requirements of the town code, pertaining to Landmarks (Local Law No.22) are met, a Certificate of Appropriateness (C orA) will be issued. The C of A is required before a Building Permit will be approved. Information about the requirements for applying for a C of A is available at the information counter in the Building Department. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Sonthold Town Building Department. CC: file, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING B(~D OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING February 17, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of locai determination should not be construed as either an approval or disapproval. Applicants Muniei?l File Numbers Sutherland & Mott 6273 Nealz, LeAnn 6274 Howell 6275 Schembri 6276 Berkery 6277 Manetti, V & L 6278 TRK:ds LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGPNVAY Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 TELECOPIER (631) 853-4044 | ~ /IF°~OfficeUseOnly 3 Fee: $..x~/~Filed By: ~ 113/~l(~ '1 ~Date Assi~ed//t~ignment No~ / Office Notes: ./' 2 O ., House No. 195 Street Villaqe Lane , ? ~,~ Ham-'_l'g~23 Orient SCTM1000 Section 18 Block 5 Lot(s) 8 LotS~e 13,875 s.f. ZoneR-40 (NC) I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Jan. 14, 2009BASEDONMAPDATED Sept.30 2008 (rev 1/12/09) Applicant(s)/Owner(s):. LeAnn Nealz MailingAddress: 34-01 38th Avenue 4th fl.#4, Long Island City, NY 11101 Telephone: 917-720-1910 Fax#: Email: NOTE: In addition to the above, please complete below if applicatioa is signed by applicant's attorney, agent, architect, builder, contract Name of Representative: Blake Goble, AIA for (X) Owner, or ( ) Other: Agent'sAddrees: 135 West 29th Street 1203, New York, NY 10001 Telephone 212-239-3134 Fax#: 212-239-3135 Email:blake@ bspacearchitecture, com Please ebock box to specify who you wish correspondence to be mailed to, from the above names: {2 Applicant/Owner(s), or ~Authorized Representative, or 0 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9 / 3 0 / 08 AN APPLICATION DATED 11/5/08 FOR: ~ Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use D Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 2800 124 Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 2800A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, [] has not been made at any time with respect to this property, UNDER Appeal No. 5632Year 2004. (Please be sure to research before completing this question or call our oJ~ce for assistanca) REASONS FOR APPEAL (ad~qfionul sheets ma~ be used with preparer's ~ign~l~)'~. ~ , ~ ~ ~ t '0q (1) An undesirable change will not be produced in the CHARACTER of th ood or a detriment to nearby properties if granted, because: ~ Proposed work (addition of screened porch) will occur at the rear of the buildin9 and will be unseen from public areas. The proposed work will not affect views from neighborin~ lots. (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: Existing lot coverage already exceeds maximum allowed. Rear yard setback required (35 ft. ) would not allow enough usable space for proposed porch. (3) The amount of relief requested is not substantial because: Increase to Lot Coverage is only 1% of Lot Area. Intrusion to required setback is (at maximum) 4 ft., resulting in 31 ft. (at minimum) proposed rear yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Proposed work will NOT affect views, noise level, open space, storm drainage, natural habitat, historic building fabric, or any public or private activities currently existing. (5) Has the alleged difficulty been self-created? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (~dease ~urn/sh c0/~). 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 15 BEING REQUESTED, AND PLEBE COMPLETE THE A TTACHED USE FARIANCE SHEET: (Pieaxe ~o ~-,T .~,,~e~~r~co ult your rney.) , (S~ggen[ ta~Umurstes°ubfmAitPwPe#ant ~%r Arine xn..x.~or~tt.ho~orifroZemdowAng;r~t Sworn to ~efore me this ,/~' ?4x day of_~0 ~ '] . Notary~ JONATHAN ClFUENTES '~ OTARY PUBLIC, STATE OF NEW YOR~ QUALIFIED IN QUEENS COUNTY NO 01 CI6149964 ~v COMMISSION EXPIRES 07-1L2010 Applicant: Blake Goble, I. For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT S PROJECT DESCRIPTION (For ZBA Reference) AIA, LEED AP Date Prepared: aa~. 12, 2.0~?, lie demolition proposed. ~.xcavation Only for proposed post footings. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Covered porch 5 ' - 0" x 2 8 ' - 4" Dhnensi0ns of new second floor: Covered balcony 5 ' - 0" x 2 8 ' ~ 4" Dimensions of floor above second level:, Height (from finished ground to top of ridge): 21 ft. (no change proposed) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: porch 2 ' - 6" above grade IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessapj) - Please describe building areas: 1 story wood frame Number of Floors and General Characteristics BEFORE Alterations: dwelling, with covered porches at south and west facades, and unf ~nlsh~d attic. Number ofFloors and Changes WITH Alterations: 2 story (~irst ~loor and ~inisl~ed attic) dwelling, with 2 existing covered porches and new covered porch at re.a.r (east) facade. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3 0 0 7 $. f. Proposed increase of building coverage: 142 s.f. Square footage of your lot: 13,875 s.f. Pereentage ofcoverage ofyour lot by building area: 21.6% (ex.) / 22.7% V. Purpose of New Construction: (proposed) To provide screened porches for bedrooms as access to rear yard and private sitting and sleopi~g areas, VI.P~ede~be thelandcon~u~(fla~slo~ %,h~vi~wooded, ma~ha~a, etcOonyourland andhowit~t~ ~thedifficul~in meefingt~coderequi~ment(s): Site is flat, cultivated land and does not contribute to difficulty. Please submit seven (7) photos, labeled to show different angles of yard areas after staking comers for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 GIDDINS · CLAMAN Attorneys at Law ~LP October 23, 2008 675 THIRD AVENUE 29TH FLOOR NEW YORK, NEW YORK 10017 (212) 573-6703 FAX (212) 949-1923 Mr. Grahame Fowler Ms. Leann Nealz 39 East 75th Street, Apartment 4E New York, New York 10021 Re: Purchase of 195 Village Lane, Orient, New York Dear Grahame & Leann: I am pleased to enclose the original recorded deed evidencing your ownership of the referenced Property. It was a pleasure working with you. Please feel free to call us with any questions. Sincerely yours, Giddins Claman LLP CC, Scott Ciaman, Esq, By: ~anie-Dubov, Paralegal H:\Neals Fowler purchase~letter to client re original deed doc SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt N~mher : 08-0089331 TRANSFER TAX NUMBER: 08-03920 District: 1000 Section: Block: 018.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $900,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $3,600.00 NO Comm. Pres Fees Raid TRA~SFER ~'AXNU~4~ER: 08-03920 THIS PAGE IS A PART OF THE INSTRLq4ENT THIS IS NOT A BILL Recorded: At: JUDITH A. PASCALE County Clerk, Suffolk County 09/16/2008 12:44:05 PM LIBER: D00012565 PAGE: 190 Lot: 008.000 Exempt $5.00 NO $15.00 NO $75.00 NO $0.00 NO $30.00 NO $15,000.00 NO $18,752.00 Title Number PDE2841S Schedule A Description Page 1 ALL that cedain plot, piece or parcel of land, situate, lying and being in the Hamlet of Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Main Street, also known as Village Lane, 127.96 feet in a Southwesterly direction from a monument set at the intersection of Main Street, or Village Lane, with the Souther!y line of the Main Road (Route 25); RUNNING THENCE along land now or formerly of E.B. Papantonio formerly of Frederick Tabor, South 66 degrees 59 minutes 20 seconds East 118.20 feet to land now or formerly of F.C. & J. Tabor; THENCE along said land now or formerly of F.C. & J. Tabor, South 17 degrees 12 minutes 20 seconds West 90.00 feet to land now or formerly of C. Wachsbeger; THENCE along land of F.C. & J. Tabor, North 83 degrees 39 minutes 20 seconds West, 140.45 feet to the Easterly line of Main Street, Village Lane; THENCE along said Main Street, or Village Lane, North 26 degrees 13 minutes 40 seconds East 130.00 feet to the point or place of BEGINNING. Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES RECORDED 2008 Sep 16 12:44:05 PM JUDITH fl. PflSC~LE CLERK OF SUFFOLK COUNTY L D00012565 P 190 QT# 08-0~920 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5 .OO __ Sub Total Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot Stamp 08022220 xooo oxeoo osoo ooeooo Date ~ Initials Satisfactions/Disc.,. ~ ................... r- -~ ................. . ........ RECORD & RETURN TO: Suffolk Mortgage Amt. 1. Basi* Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The this mortgage is or will be impro a one or two family dwelling only. YES or NO If NO, see a tax clause on page # of th instrument. Considerati, CPF Tax Due Fund ~t $ ~OOtO00 Improved Vacant Land TD TD Title Company Information Co. Name 7'i 1}~ ,~,'wt~e4, L-L ~ Title# ~O~O~ ,~'b'-It ~ Recordin & Endorsement Pa This page forms part of the attached (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of ,.S'~.tJr~ ~0/4 In the VILLAGE or HAMLET of made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) THIS INDENTURE, made the day of August 2008 BETVVEEN Elizabeth J. Peyton 41 Commeme Street New York, NY 10014 and Anthony P. Just 85 Fourth Avenue, #7H New York, NY 10003 party oJ._tl3~ first part, and Leanh Nealz 195 Village Lane Odent, NY 11957 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the (SEE SCHEDULE A DESCRIPTION ATTACHED) TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the )remises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered i~ any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Standard NY.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts- Uniform Acknowledgment Form 3290 ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, County of New York SS; On the ~ day of August in the year 20og  before me, the undersigned, personally appeared ~ ra.~l~'T personally known to me or proved to me on the basis of s~ttisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the /~ person upon behalf of which the individual(s) acted, executed the instrument. ,,/~/~' BRIAN R. SALZMAt /~'/I~n __ Notary F'ubi~c, State of No~ 1/1/7/1./ ots^ o851 V / ~ ' ACKNOWLEDGEMENT BY SUBSCRIBll~.~I~I~ssau Cam / / commission Expires 12/23 o- TAKEN IN NEW YORK STATE State of New York, County of , SS: On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York, County of SS: On the day of in the year before me, the undersigned, personally appeared ANTHONY P. JUST personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. [CKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK *State of , County of , ss: *(Or insert District of Columbia, Territory, Possession or Foreign County) On the day of in the year before me, the undersigned, personally appeared Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual make such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Bargain and Sale Deed with Covenant Title No. PDE2841S PEYTON AND JUST TO NEALZ DISTRIBUTED BY YOUR TITLE EXPERTS The Judicial Title Insurance Agency LLC 800-281-TITLE (8485) FAX: 800-FAX-9396 SECTION: 18 BLOCK: 5 LOT: 8 COUNTY OR TOWN: Suffolk RETURN BY MAIL TO: Scott Claman, Esq. Giddins & Claman, LLP 675 Third Avenue 29th Floor New York, NY 10017 , PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality iRevlaw SHORT ENVIRONMENTAL ASSESSMENT FDRM Per U,USTEO ACTIO,S .PART I--PROJECT INFORMATION ~o be completed by Applicant or Project s~nsor). ,~ APPLICANT/S~N~R ~[~ I 2. ~ECT NAME ~' Goble, AIA Nealz Fowler Residence I 3. PR~E~ L~A~ON: m~m~ Southold, ~ ~y Suffolk 195 Village Lane Orient, ~ 11957 SEQR 5. IS PROPOSED ACTION: [~ NeW I~ E~Olfl~Ofl [] M~lflclt~t/rat~n '6. DE~RIBE P~E~ BRIEFLY: Proposed addition of 142 s.f. screened porch to rear (east) facade, and proposed addition of do.er window to east end of south facin~ roof of existin~ 1 story frame dwelling. 7. ~OUNT OF ~N0 AFFE~ m?.~ 142 SF (. 003)~ um~t~ same WHAT IS PRESENT LAND USE IN VI~N~TY OF PRQJECT? [] Ag~-ultum 10. DOE~ ACTION INVOLVE A pERMIT APPROVAL, OR FUNDiNg, ~ OR U~TIMATELY FI~3M ANY OTHER GOVERNMI~ITAL AGENCY {FEDERAL, STATE OR LOCAI.~ [] YI~ ~1 No If y~m, fist load. S) anal plmtlt/ll~ 11. DOE,~ ANy A~p~CT OF THE ACTION HAVE A ~Y VAJ. JD PERMIT OR AP~R~OVAL? [] Y. [D .o I ~I~Y THAT THE INFORMATION P~4)VIDGD ABOVE I~ T~JE TO THE eEsl' OF MY KHaki. EDGE Blake GQ~].e, AIA 1/l /09 if the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with fills assessment OVER ~ART II--ENVIRONMENTA ('To be completeci Dy Agency) A aCES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 47 If yes. coordmate me rewew process ant use t~e FULL EAF "" --'1 -.:'.Yes __ NO B. WILL ACTtON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR. PART 617.67 C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOC ATED W TH THE FOLLOWING. (A~wers may ~e hanow~llen, if ~egio~e~ Long term. short term, cumulative, or Olhe~ eff~ts ~t i~tifi~ in C1.~? ~piain Driefly. ; ~ ~ C7 Other impacts (including chailges in use of either quantity or type o~ energy)? Ex~hlin P;ielly. D. WiLL THE PROJECT NAVE AN IMPACi~' 'ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAB(JSHMENT OF A CEA? r'~ Yes [] No E, I$ THERE. OR tS THERE UKELY TO SE, CONTROVERSY RELATED TO IN3TENTIAL ADVERSE ENVIRONIeENTAL IMPACTS? I~ Yeti ~:] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Iclantlfiad al~ve, ~efe~mine whether His substantial, large, important or otherwise significant. Each effect Should t)e assessed in connection with its (a) setting (i.e. utt~n or rural); (b) probability of Occurring; (c) duration; (d) irrevereihility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference suplx)tUng materials. Ensure that explanations contain sufficient detail to show that all relevant advlme impacts have I~en Idenlifl~l question D of Part II was checke~ yes, the Oeterminetlon sncl significance must evaluate fha potential impact of the DroPose~ acfio~ on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse ira'S:acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant a~verse environmental impacts AND provide on attachments as necesse~/, the masons supporting tt~is determination: Date SACTIONAL DISCLOSURE FOl~ll' ~ (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of S0uthotd's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The ouroose of this form is to Drovide information, whi~:h can alert the Town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Goble, Blake M. (applicant for LeAnn Nealz) (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, 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 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 parmership, 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 x Complete the balance of this form and date and sign below where indicated. Name of pemon 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 Sub~dayof ~tn. 2009 Signature?.... ~ Q( ~ ~ ~ Print Name: g~ak~ Gobl~ soemo D BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20__ Disapproved a/c Expiration .20 PERMIT NO. BUILDINO~T APPLICATION CHECKLIST Do ~ta~r'or need the following, before applying? Board of Health '. 4 sets of Building Plans · Planning Board approval Check ,, Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date January 12 ,20. 09 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by ~ application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Ce~ficate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such d.t¢~ If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for au addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building I)epa, lment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicoble Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit for necessary inspections. O~N ] ~ ~J (Signatureofapplicantorname, ifacorporafion) 135 W. 29th St.1203, New York, NY 8tO~. 0[~l. ' CMailingaddressofapplicant) 10001 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Architect Name of owner of premises LeAnn Nealz (As on the tax roll or ~atest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 195 Village Lane Orient, NY House Number Street County Tax Map No. lO00 Section 18 Subdivision Hamlet Block 5 Filed Map No. Lot 8 Lot 2. State ex~q6nE use and occupancy ofpt~nises and intended use and occupancy of proposed consm~ction: a. Exi~-~ use and occupancy Single family residenc~e and b. Intended use and occupancy same- no change ! r0 ti 3. Nature of work (cheek which applicable): New Buildin~ Repair Removal Demolition 4. Estimated Cost $40,000 5. If dwelling, number ofdwellinE units 1 If garage, number of oars n/a Addition x i UAlte~ation x (Description) Fee $50 (To be paid on fili.g this application) Number of dwelling units on each floor 3/4, 1/4 6. If bnsiness, commercial or mixed occupancy, specify nature and extent of each type ofnse. 7. Dimensionsofexistingstmctures, ifany:Fmnt 34 '-1" Height 21 ft. Number of Stories 1 Rear 28 ' -4" Depth 53 ' - 11" Dimensions of same structure with alterations or additions: Front 34 ' -1" Rear 28' -4" Depth. 58,-11. Height 21 ft. Number of Stories 2 8. Dimensions of entirc new conslmction: Front n/a Rear 28'-4" Height 21 ft. Number of Stories 2 9. Size oflot: Front 130 ft. R~ 89.75 ft. .Depth 118.2 ft. 10. Date of Pumhase Sept. 2008 Name ofFormar Owner Elizabeth Peyton ll. Zone or use district in which premises are sitnated R-40 (non-conforming lot) 12. Does proposed conslruction violate any zoning law, ordinance or regulation? YES x NO__ 13. Will lot be re-graded? YES__ NO x Will excess fill be removed lSom premises? YES x NO 14. Names of Owner of premises LeAnn Nealz Name of Architect Blake ~oble, AIA Name of Contractor TBD Addm~ 34-01 38th Ave. Phone No. Address 135 West 29th sIahoneNo Address Phone No. 212-239-3134 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO x 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO x STATE OF NEW YORK) SS: COUNTY OF ) Blake Goble, AIA being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent (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 true to the best of his knowledge and belief}, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this · ~UTAK,' P UgL',,S, STATE OF NEW YOR~~1, ~ ClUALiiF NE(~.,oNI~iU~N sdOU NTY ~ Signature MY COMMISSION EXPIRES 07.17-2010 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765.1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined Approved ,20 Disapprov~:l a/¢ ~! }1 ~ !tS)~ Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date b, DVEA~E, Gg, ~ ,20 0~ INSTRUCTIONS ~. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining p~mises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector vail issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the consUuction of buildings, additions or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordiun authorized inspectors on premises and in building for~.~ s tate whether applicant is owner, lessee, agent, ar~ g2e, and reg~and to admit / (Mmlmg addres~ of apphcan0 ' I ~eneral contractor, electrician, plumber or builder Name of owner of premises ~g'tq H.~'~IS. Ft~ Wt.~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section lO Block ~' Lot ~ Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed consl~uction: a. Existing use and occupancy '~I~J&M~. F-,~rt~l~' b. Intended use and occupancy Iqt~ &,b,,fl-~b4[- '$IN~t-E. ~'/lnnlt..X 3. Nature of work (check which applicable): New Building Repair Removal Demolition Addition t,--'" Alteration Other Work 4. Estimated Cost ~4o/t,~,a Fee *'2-~O If dwelling, number of dwelling units If garage, number of cars Number of dwelling units on each floor (Description) (To be paid on filing this application) */.. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~{ t.. { tt Height ~.1 t... o" Number of Stories [ Rear ~t_ +, Depth Dimensions of same structure with alterations or additions: Front Depth ~/~-' '=J" Height 7Mt-- o" 8. Dimensions of entire new construction: Front /4 [Pr Rear Height Number of Stories 9. Size of lot: Front 190 I Rear ~q .~-I '~'t- I" Rear ~.~'/-- ~-" Number of Stories I .Depth Depth 10. DateofPurchase ,Jw-¥ '7,n~& Name ofFormer Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES__ NO t,,,'C'Nill excess fill be removed fi. om premises? YES NO 14. Names of Owner of premises 6, g:~tot~ Name of Architect 8,6-~/~.. ~,o1~/.~.. , AL~. Name of Contractor. N[Pt Address ~,~ ~.. ~'F'r~- 'pl'. Address l~,~ ~, 7,,q~". SE Address Phone No. Phone No (~.,~. ~.-'~'[ o ~l ~ Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a fi'eshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) 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 that all statements contained in this application are hue to the best of his knowledge and belief; and that the v performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary Public TOWN OF SOUTHOLD PROPERTY RECORD AGE~ 8UILDIN~ CONDITI~ ~ NOeL BELOW A~VE ~ Acm Value Per Value ~le 2 ~land FRO~AGE ON WA~R hland FRONTAGE ON RO~ / ~ O ~ ~ ~ ~ BULKH~ TRIN~ :.xte~'~lon =-xtension P~io O.B. Totol ") X/~ -- ) Walls Fire Place Driveway Floors Interior Finish He~fr Rooms 1st Floor Rooms 2nd Floo~ O f~fir~_Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 Maili~: 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 FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER. TO: Date: I/I ~/~ ? SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) NOTES/COMMENTS: Please find attached copy/copies of the following:. . , Thank you. Sender's Initials: B SPA TRANSMITTAL DATE: TO: VIA: RE: January 16, 7009 Linda KowaLski Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 FedEx tracking No. 7972-6040-5370 Nealz / Fowler Residence 195 Village Lane Orient, NY Section 18 Block 5 Lot 8 CONTENTS: 1 original and 7 copies each: Board of AppeaLs Application Project 0escription Transactional Disclosure Form Short Environmental Assessment Form Notice of Disapproval (1/14/09) Building Permit Application (1 / 12/09) ~ Owner's authorization letter Property Survey (12/1/08) Photo of proposed area of work Photo of view from street Please note: Copies of existing Certificates of Occupancy (for main house, accessory garage and swimming pool), and previous ZBA ruling (//5632 in 2004) were sent to your office with an earlier application (dated 12/27/08) and we no longer have copies of these documents. Please either return those documents to us or make 7 copies to include in the application packets. We w~tl gladly reimburse your office for this service. Thank you. Blake Gobie, AIA, LEED AP t(212)239-3134 S P A C January 12, 2009 Linda Kowalski Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 RE: 195 Village Lane Orient, NY Dear Linda: I have re-submitted the application for a Building Permit to the Building Department. The resubmitted plans and application verify that the proposed work does not comply with the Zoning Ordinance Article XXlII, Section 280-124 on two counts: a) the proposed rear yard setback is 31 feet and does not comply with the required rear yard setback of 35 feet, and b) the proposed Lot Coverage is 22.7%, and exceeds the maximum 20% allowed. As both of these zoning ordinance regulations are from the same Zoning Ordinance Section (280-124), the applications previously submitted would be unchanged in their entirety. The only change would occur in the prior Disapproval from the Buildings Department, which should be issued upon their second review of the application (the revisions have been noted). I have enclosed a check for $150 to cover the second variance (Lot Coverage). I have enclosed this with the package sent to the Buildings Department and I am hoping that someone would kindly send it to your desk. Please let me know if I will need to prepare a second ZBA application. Again, the information as it appears on the previously submitted application would be unchanged, as both zoning violations refer to the same zoning ordinance section. Thank you. Sincer~ Blake .EED AP FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 27885 Date= 08/23/01 THIS ~fIFIES that the build/ng DWELLING Location of Property 195 VILLAGE LA ORIENT (HOUSE NO.) (STREET) (I{AMLET) County T~xMap NO. 473889 Section 018 Block 0005 Lot 008 Subdlv/sion Filed Map No. Lot No. conforms substantially to the Requlx~ments for a ONE FAMILY DWELLING built prior to APRIL 9r 1957 pursuant to which (~TIFICATE OF OCCI~P$~CY~]~ Z- 27885 dated AUGUST 23, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY 2 CQR GARAGE * The certificate is issued to WENDELL & RAMONA E. TABOR (OWNER) of the aforesaid building. UU~OLKCO~ITYDEP~RTM~TOFHEALTHAPPROVAL Et~CI]{ICAL~TIFiCA~]~i~O. PLI~ER~ C~RTIFICATI(~DA-~-~ *PLFASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N/A -. N/A H/A ut '~ri~ed ~nature -- Z,OT (S) -- ~ OP P.~IST: DEBORAH DOTH, ATTY 7/13/01,, DATE: ACCESSORY STRUCTURSS: 11~: BP #27569~-27884 (NSW OIL BUYER) Yore No. 6 ;- TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOE CERTIFICATE OF OCCUpaNcy This application must be filled in by typewriter OR ink and submitted to the building inspacter with the follnwing: for new building or new uae: 1. Final survey of property with accurate location of all buildings, property streets; and unusual natural or topographic features. . 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 11 lead. 5. Co~nercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. Be For existing buildings (pripr to April 9, 1957) non-conforming uses, or buildings and Vpre-axieting" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a conaant to inspect signed by the applicant. If a Certificate df Occupancy is denied, the Building Inspector shall state thc reasons therefor in writing to thc applicant. C. Fees 1. Certificate of Occupancy - New dwellia~ $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. gusinesaea $50.00. 2.Certificate of Occupancy on Pre-existing Building - $100.00 3.Copy of Certificate of Occupancy - $5.00 over 5 years - $10.00 4.Updated Certificate of Occupancy - $50.00 5.Temporary Certificate of Occupancy - Residential $I5.00, Commercial $15.00 7/13/01 Date ....................................,.... ., 41a4.. VtaR one-familydwellingwith New Construction ........... 01d Or Pre-existing ........ s ......... ~615~dgarag~ village Lane, Orient Location of Property ......................................................................... House No. Streat Hamlet ~ , . Wendell B. ~ Ramona E. Tabor er or Owners of ~ropercy ........... . .................. . ........... . ...................... 1.8, 5 8 County Tax Map No 1000, Section ............ Block ................ Lot ...................... Subdivision .................................... Filed Map ............ Lot ...................... Permit No ................ Date Of Permit ................ Applicant ............................. Health Dept. Approval ......................... . Underwriters Approval ......................... Planning Board Approval ..................... . . . Request for: Temporary Certificate ........... Final Carticate...~.~. ..... Fee Submitted: $.. ~00.00 ......... ~ ........... ~ ~'-'~--' (~0 0 ~! . .,e--.-.-~. CONSENT INSPIgCTION Ox;,ner (s) Name(s) do(es) hcveb? slate: . the undcrsigned, That the underslgued (is) (are) the owner(s) of thc premises la lha Town et Southold locutecl at Vtl]acle Iane. O~io. nt which In sho~vn m]cl desif.,nated on (he Sufl'olk Comity tax map us District 1000, Suction 18 , Block 5 , Lot 8 That the undersigned (has) (hau~) filed, et- caused to be tiled, an applica- lion in [{~e Southold Town Building Inspector's Office for the following: ~ ~st~g ~fi~te of ~ ~ ~f~ly ~11~ wi~ ~ That the undersigned do(es) hex'eby give coosent Lo the J3ulld£nff Inspectors of the Town of Southold to enter cpo. the above described p~operty, i,,cluding any n.d all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid applicatios, including inspections [o determine that ~ni(I premises comply with all,of the laws. ordi.ances, rules a.d regulations of the Town of The undersigned, In eonsentieK to such inspections, do(es) so with [he knowludge aed understanding that any information obtnh]ed In II~e conduct such inspections }nay I)~ used ns evidence in subsequent prosecutions leu laliol]$ of tile laws. ordil{auces, Dated: 7/13/01 cam.{. Mary Ann Bol~uan 477-0551 ~or access rules of regulations of the Town o[ Soulhold. Deborah Dory, as attorney for Executor (pril, t I]alt]e) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMI~NT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-31852 Date: 09/25/06 · £~S(~P"/]~Sthat t~bn/ld/~ALTERATION Location of ~y: 195 VIL~E ~ ORI~ (aOUSE NO.) (S~T) (~T) ~ty T~ ~ NO. 473889 Se~ion 18 BI~ 5 ~t 8 confo~s s~stantially to the ~plication for Building Pe~it heretofore fil~ in ~s office ~t~ DRC~ER 1~ 2003 ~sm--t to ~ ~]~ ~t No. 32041-Z ~t~ DEC~RR 5~ 2003 was issued, and confo~s to all of the retirements of the appllc~le provisions of the law. The occupancy for which this certificate is issued is KIT~ ~TE~TION ~ ~ EXISTIN~ SING~ F~ILY DWELLING AS APPLIED FOR. The certificate is isaue~ to ELIZABETH J PEI"~ON & ANTHONY JUST (OWNEE) of the aforesaid building. ~ue~-~hK CO~FrYDRP/%RT~TOF HP/~L~APP~ N/A ~-~(~z-£FI~NO. 1191288 ~]~ ~'rIFICATI(~DA~ 09/11/06 KINg PLUMBING os/ss/o~ Rev. 1/81 ~gnature FORM NO. 4 TOWN OF SOUTHOLD BUI ~DINO DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO= Z-33163 l~te: 07/21/08 T~I8 c~T~J~ ~hnt the bu~l~ing ACCESSORY l~-atio~ of ~rty: 195 VI~GE ~ 0RI~ (HOUSE NO.) (S~ET) (~T) ~ty ~ ~ ~. 473889 S~t~ 18 Bl~k 5 ~t 8 confoms s~statially :o the Application for Buildin9 P~mit heretofore ~lit~ ~lt k. 33033-Z ~t~ ~Y 15, 2007 was issued, ~d confoms :o all of the re~irem~ts of the applicale provisions of the law. ~e o~q for which this ~rtifi~att is issued is AC~SSORY ~G~/~TIST ~'i~IO ~ ~PLIED ~R. The celttficate is issue~ to ELIZABETH J PSYTON & ANOTHER (OWNER) of the aforesaid building. ~F~hKCO~I~DRPAR~M~TOFa~JZ~HAPPROVA~ N/A ~.~TRICAI~C~RTIFICATRNO. 2042436 PMI~aC~TIFICATI~DA-r~ os/ 3/os /~ho/i z ed 'ignatu,e Rev. 1/81 FORM NO. 4 TOWN OF SOUTH0~D BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. C~RTIFICATE OF 0CcO~ANCY · o: Z-33170 r.e: o /22/o8 9'-~ C~TI~TRR ~hat the bui]~4-gj ACCESSORY l~)cati~[l of ~y: 195 ~E ~ ORI~ (H~SE NO.) (S~) (~T) ~ ~. 473889 ~i~ 18 Bi~ 5 ~ 8 ~si~ ~1~. ~. confo~s s~st~tially to the ~plication for Building Pe~t heretofore fil~ ~ ~s oEfi~ ~t~ ~ 5~ 2008 ~t ~ ~ ~]~4~ ~ ~. 33960-Z ~ ~ 5~ 2008 was issued, ~d confo~ to all of the r~ir~ts of the applic~le pr~isions o[ the law. ~e occup~cy for which 2his certificate is issued is AC~SSORY IN ~0~ SW~ING ~L ~ ~ ~ CODE ~ ~ptT~ FOR ~ PER ZBA #5632 DATED 12/29/04. The certi£i~ate is issued to ELIZ~E~ J P~"~ON &ANO (OWSER) of the aforesaid building. ~ (~ DgP~t]l~t%~ari- OF u~t~]I API~ N/A ~T.~(~ ~PI[C~ ]~0. 4003136 ~ C~tTIPIO~T/O~ DA'z~u o /18/o8 Rev. 1/81 TOWN OF SODTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-27884 Date= 08/23/01 The certificate is issued to WENDELL B. & RAMONA E. TABOR of the aforesaid building. PENDING 08/13/01 Rev. 1/81 .lA Authorized S i~na~e APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. ht[p://sout holdtown.nortt BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road -:T?¥;:::;r'::i-'--'[P.O. Box 1179 al, (631) 76S 1809 F~x (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just Property Location: 195 Village Lane, Orient; CTM 18-5-8 RECEIVED. South,old Town Clerk Southold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 13,875 sq. ft, lot has 130 feet along Village Lane, 118.20 feet along the northerly property line, 140.45 feet along Ihe southerly side property line, and 90 feet at the rear line. The lot is improved with a one-story frame house and accessory garage building, as shown on the June 5, 2001 survey prepared by Peconic Surveyors, P.C., amended May 4, 2004. BASIS OF APPLICATION: Building Department's September 10, 2004 Notice of Disapproval, citing Section 100-33 in its denial of a building permit application concerning construction of a proposed swimming (lap) pool. The reason stated in the disapproval is for a side yard location, rather than a rear yard location, FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a 12 ft. by 55 ft. lap pool along the side of~the existing dwelling, in the northerly side yard. The pool is proposed at least 40 feet from the front property line and seven (7) feet from the side lot line, as shown on the survey prepared by Peconic Surveyors, P.C. amended December 16, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief wilt not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is centered on the lot. Page 2 - December 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just CTM Id: 18-5-8 Most of the roar yard is occupied by an accessory garage building and a sanitary system. The lap pool construction is proposed within a fence enclosuro along the northerly yard, near the house, and at least 40 feet from the front line along the street. No objections or concerns were raised at the December 16, 2004 public hearing concerning this proposed location. 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 rear yard of the property contains an accessory garage and a sanitary system. 3. The amount of relief requested to locate a lap pool structure in a side yard at least 10 feet from the side property line is the maximum relief the board would approve. 4. The difficulty has not been self-created and is related to the location of the existing sanitary system in the rear yard and garage in the rear yard. To move these structures would be very costly and would require other types of variance applications before agencies. 5. No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory lap pool structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried, to DENY the variance as applied for with respect to the proposed 7 ft. side yard setback, and to GRANT alternative relief with a minimum side yard setback at 10 feet, SUBJECT TO THE FOLLOWING CONDITION: That screening be placed on the north side. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly Page 3 - December 29, 2004 ZB Ref. No. 5632 - E. Peyton and A. Just CTM Id: 18-5-8 addressed in this action. Vote of the Board: Ayes: Members Odando (Acting C hairrr}~), C~/~a~e' Din izio. Absent were Chairwoman Oliva and Member Tortora. This Resolut~r~.~.,~.~,~(3-0). Vincent Odando, Actin[I Ch[~irm"~ -l/,,/.g' /05 Approved for Filing ~ Y...~. Rt~. 2~ ) HER£~ ARE VAL~ F~ ~ MAP A~ C~S T~ ~ Y ~ / ~ ~T~ ~ ~ · .'~ / , A~ITIONALL Y TO C~ y WITH S~ LAE T~ TERM tAL TER~ ~* C. WACHsBERGER N/O/F AREA = 13,875 ~q. ft SURVEY OF PROPER T Y A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. ~000-18- 05- 08 Scale: I" = 20' June 5, 2001 MAIN RD. ~x / / c WAC, V~ SURVEY OF PROPER T Y A T ORIENT · TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y, ~000 -18- 0~- M Scale:. 1" = 20' June 5, 2001 I, LEANN NEALZ, AUTHORIZE BLAKE GOBLE AT 135 VVEST 29TM STREET, NY 1000 I, AN ARCHITECT REGISTERED IN THE STATE OE NEW' YOR~ TOAC-'F AS I"IYAPPLICANT AND REPRESENTATIVE; TO BE THE PRIMARY CONTACT AND RECIPIENT OF ALL P',ATERIALS AND NOTICES ISSUED BY THE DEPARTPIENTOF BUILDINGS, THE ZONING BOARD OF APPEALS AND THE LANDI'4ARKS PRESERVATION CONMISIION AND ANY OTHER PIUNICIPAL, STATE OR LINC ,~GUILER4 Notary Puolic, State et New York No 0lAGS129079 Qualified Ir~ Kin~,~ Coun~ LEANN NEALZ 195 VILLAGE LANE ORIENT NY ELIZABETH A. NEVILLE, RMC, CMC 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 January 22, 2009 Zoning Appeal No. 6274 Transmitted herewith is Zoning Appeals No. 6274 of Blake Goble, AIA for LeAnn Nealz - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Short Environmental Assessment Form, Transactional Disclosure Form, Copy of Application for Building Permit Dated January 12, 2009, Notice of Disapproval from Building Department Revised January 14, 2009, Two Photos of Property Showing Proposed Changes, Transmittal Letter from Blake Goble, AIA Listing Items Sent Dated January 16, 2009, Letter from Blake Goblc, AIA to Linda Kowalski in Reference to the Application Dated January 12, 2009, Authorization Letter from LeAnn Nealz to Blake Goble to Represent them in this Matter Dated December 22, 2008, Copy of Consent to Inspection for Pre-Existing Certificate of Occupancy Dated July 13, 2001, Copy of Pre Existing Certificate of Occupancy for One Family Dwelling with Accessory Two Car Garage Dated August 23,2001, Housing Code Inspection Report Dated July 23, 2001 Inspected by John M. Boufis, Copy of Application for Certificate of Occupancy Dated July 13, 2001, Copy of Certificate of Occupancy for Kitchen Alteration Dated September 25, 2006, Copy of Certificate of Occupancy for Accessory Garage/Artist Studio Dated July 21, 2008, Copy of Certificate of Occupancy for Accessory in Ground Swimming Pool with Fence Dated July 22, 2008, Copy of Board of Appeals Determination in Reference to Swimming Pool Dated December 29, 2004 (3 Pages), 2 Copies of Survey of Property-one showing Disapproval of Pool-one showing no pool Both Dated June 5, 2001 Prepared by Peconic Surveyors, P.C., 2 Copies of Survey Showing Existing Construction Dated December 1, 2008, 8 Pages of Plot Plan & Zoning Calculations Dated September 30, 2008 Prepared by B Space Architecture & Design LLC. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1-21-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP I~ECEIVED #6274 Nealz, LeAnn #1559 $150.00 #1576 $150.00 ,(.!,', 2 2 2009 South, old Town Clerk TOTAL $300.o0 Sent via Inter-Office to Town Clerk by: .pmk Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/22/09 * * * RECEIPT * * * Receipt~: 38734 Transaction(s): 1 1 Application Fees Reference Subtotal 6274 $300.00 Check#: 1559.1576 Total Paid: $300.00 Name: B, Space LIc 135 West 29th Street 1203 NewYork, NY 10001 Clerk ID: CAROLH Internal ID: 6274 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 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~ MAY 28~ 2009: 1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspector's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limitation of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. 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 email: Linda. Kowalski@Town.Southold.ny.us. Dated: May 5, 2009. 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road 1~O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 danuary 22, 2009 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 # 6274 Applicant's Request: Within 500 feet of: Owner/Applicant: Nealz, LeAnn Setback/Lot Coverage (x) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ~ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 5, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 28, 2009 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 May 14th 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 alii 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearinq, prov d n.q the returned etter to us as soon as possible; AND not later than May 15th: 'Please eit'her mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later 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 May 19th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postinq for receipt by our office before May 26, 2009. 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Nama of Applicants) CTM. Parcel #1000- I1~, ~' AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) l,,J~,~J ¥ o I~-K-- , New York, being duly sworn, depose and say that: On the ~ ~ day of tvtA-"l' ,200 , I personally mailed at the ( United States Post Office in t.qE.~v ¥~1~-- , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment rail verified from the offibial records on file with the ~) Assessors, or ( ) County Real PropertY Office , for every property which abuts and is across a public or private street, or vehicular right-of- Sworn to before me this NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN NEW YORK COUNTY / (N~'tary Public) MY GOMMI8810N EXPiRI.~8 ,,lAN, 23, 2010 PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZBA Hearing ~6274 Zoning Lot Number 18-5-7 18-5-6 18-5-9.1 18-5-9.2 25-1-8.2 25-2-4.10 Leann Nealz, 195 Village Lane, Orient, NY Notification of Public Hearing on May 28, 2009 Name and Address Douglas & Edwin Constant, 555 Village Lane, Orient, 11957 Claudia Jane Ramone, 110-O773rd Rd, #6H, Forest Hills, NY 11375 Edmond & Beatrice Papantonio, 1615 Spring Valley Rd, Ossining, NY 10562 David, Geraldine & Theodore Chadick, 415 E 37th St., Apt 8J, New York, NY 10016 Jesse A Mould Revocable Trust, 330 Village Ln, PO Box 445, Orient, NY 11957 Clyde Wachsberger, PO Box 307, Orient, NY 11957 ru $ $5.~9 $0.59 0028 $2.70 99 Po~imark $ $5.49 ~1~1~ rtl $0.59 0028 $2.70 99 poatma~ $2.20 ru ~.59 $2.70 $2.20 $ $5.49 n ~0.59 $2.70 99 $2.20 $ ~.59 002~ $2.70 99 $2.20 H.~ $ $5.49 051081200~ · Complete Items 1, 2, and 3. Nan complete item 4 If Resbicted Delivery is desired. · PHnt your name and address on the reverse so that we cen return the ca~ to you. · Attash this card to the back of the m~ilplese, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery address below: 2..Nticle Number (Transfsr from sense ~0 2810 x ~.,Recetvedby~(PdntedName) ¢. gpte of Delivery D. Isdaiiveryaddre~sdiffemfitflomJten117 r-lyes [] No 3. ~Type [] Registered [] ~ Re~aipt fo~ Memhendise [] ~r~u,~,L .O ~.O.D. 0000 4977 7998 Ps Form 3811, February 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Abm complete Rem 4 ff Restricted Delivery Is desired. · Print your name and address on the reveres so that we can retum the card to you. · Attach this card to the back of the mailplane, or on the fi'ont if space permits. B. ~f~d by ( Prlnted Narne) -- lC. Dat. e~3f Dpl~ery 3. ~,j;~,Cedjfled MaiI_Se~ce~ [] F_xpmea Mail [] Registered [] Return Recaipt for Merchandise [] Insured Mail [] C.O.D. 4. Re~tflcted Deliver,/? ~Extra Fee) DYes 2. A~k~ Numb~ 7008 2810 0000 4977 8032 · Complete items 1, 2, and 3. Alan complete Item 4 if Restricted Delivanj is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJlpiese, or on the front if space permits. B. Receh~ed by ( P~nted Name) C. livery [] Registered [] Return Recaipt for Merchandise [] Insured Mall [] C.O.D. 4. RestdctBd Delk, ef!f/(FJttra ~) OY~ 2. A~tlcle Numbe~ (Transit fn~rn sen4ce/a 7008 2810 0000 4977 7981 PS Form 3811, February 2004 DOmem~ Re~ul.n · Compiste items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 2. A~flcle Number Name) De~ivev7 D. Is delivery address different flora item 17 If YES, enter delive~ address below: [] No D Registered [] Retum Receipt for Memhandise r-i Insured Mall i-I C.O.D. 4. Restricted D~y? ~,m Fe~ OYes 7008 2810 DO00 4977 8018 Ps Form 3811, February 2004 Domestic Return Receipt 10,~5eS-0~-M-IS40 · Compiste Iterrm 1, 2, and 3. Also oomplete Item 4 if Restflcted DeaNery 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 mailpisca, or on the front if space permits. 'toOl~ n. Recelved by ( Pdnted Name) J O.~ ~p~ D. Isd~ive~y address different from item 1? tn y~ If YES, eote~ dailvery address be~ow: [] No 3. Service Type ~ [] Return Receipt for Memhandlse [] Insured Mall [] C.O.D. 4. Res~ Dallve~y? (Ex~a Fee) OYes 2. ~tlcle Number ~o,,,~?v~c~ 7008 2810 0000 4977 8001 PR Form 3fll I F~r, nmrv ~nr~~ n~,,~ ~ · Compisteltems 1, 2, and 3. ALs•complete A. Signature Item 4 if Fh%'tflcted Delivery is desired. -~ · Print your name and address on the reveme so that we can return the card to you. B. · Attach this card to the back of the mallpleca, or on the front It space permits. 2. Article Number (Transfer from sense ~/) Ps Form 3811, Februa~ 2004 0 ~eent C. Date of Delivmy \ 2009 4. I~cti~ r~etlveqn {E.,ar~ Fee) OYes 7008 2810 .... Domestic Retum Receipt ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli ~cant) AFFIDAVIT · OF S GN POSTING Regarding Posting of Sign upon Applicant's Land Identified as tooo- 1~ ~' E~ COUNTY OF SUFFOLK) STATE OF NEW YORK) -X residing at i<f~ VI~L.A ~ Neyv York, being duly sworn, depose and say that: On the ~ ~ day of ~,~,"lr ,20o~j, i personally placed the Town's offidal Poster, with the date of headng and nature of my application no!ed thereon, Securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing...e_~ch street or right-of-way entrance;* and that I hereby confirm that the Poster has rcma~ed~ln' p~ce for, s~ven prior to the date of the subject hearin~w~ad~.~j~to~/~ /' r,Y-ZTf ,¢'///~ 7//// k.~.....~,-~,.-~(~rdn~tur-e),.,- .- .-~ Sworn to before me this ' day of ~ , 200~/c[_ (No~/F{.ublic) *near the entrance or driveway entrance of my property, as the area most visible to passersby. B SPACE TRANSMITTAL DATE: TO: VIA: RE: May 8, 2009 Grahame Fowler 34-01 38th Avenue 4th floor Long Island City, NY 11101 post ZBA hearing materials 195 Village Lane Orient, NY CONTENTS: Grahame: encJosed is the sign that needs to be posted in front of the house before May 19 (one week from Tuesday). Once this is posted, sign and notify the "Affidavit of Sign Posting" and mail it to: Southold Town Halt Zoning Board of Appeals P.O. Box 1179 Southold NY 11971-0959 ALso enclosed for your records is the package I mailed to each of the addressees on the cover letters, along with a map indicating each of these owners property. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME: N EALZ, LEAN N #6274 MAP #: 18-5-8 VARIANCE: LOT COVERAGE & SETBACK REQUEST: ADDITION TO DWELLING DATE: THURS, MAY 28, 2009, 1:40 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 #9297 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 14th day of May, 2009. ) Principal Clerk Sworn to before me this day of__ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold. the followine public hearin~ will be held by the SOUTHOLD TOWN on total (both) side yard setbacks, and ZONING BOARD OF APPEALS at at less than 75 feet from the bulkhead, the Town Hall, 53095 Main Road, ED. Box 1179, Southold, New York 11971- 0959, on H R AYM Y2 2 9: 9:40 A.M. DEBORAH SUTHER. LAND and CHARLENE MOTI' # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit). The Cergificate of Occupancy for the existing single- family dwelling was issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate at 150 West Shore Driue. Southold: CTM 1000-80-5-5.1 adjacent to Southold Bay 11:15 A.M. MICHAEL and LINDA GAMBARDELLA g6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15, 2008 amended Notice of Disapproval concermng a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code required 15 ft. minimum and (2) lot coverage 'exceeding the code limitation of 20%, at 9480 Nassau Point Road. Cutchogue; of Occupancy issued prior to January 1. CFM 1000-118-6-7 (adjacent to Peconic 1984. or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 11:25 A.]VL JOHN and KATHLEEN ty Road 48 (a/k/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 9'.50 A.M. LUKE LICALZI g6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-704-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23 200~0 Notice of Disapprove concern- ing proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or h'ont yard on this water- front parcel; b) create an increase in the degree of : the setback to the side property line at · less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, [ where 22 feet is the maximum cede- permitted; 2) Accessory Poolhouse building: the as-buill construction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10:0S A.M. STANLEY and CHRIS- lINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CI3/I 1000-137~4-33,1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) {wo one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- BERKERY # 6277. Location of Prop- erty: 250 Bayview D~ive. East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-1735 and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides)} (3) the rear yard setback wdl be less than 35 feet from the property line; (4) the setback to the bulkhead wilt be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet ~vilI exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS g6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4, 2009 Notice of Disap- ?oval concerning~ a p. rop~osed addition and alterations to the existing dwelling with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE g6267, (Pending attendance by owner/ applicant). Request. for a Special Ex- cepllon in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgCg (two guest bedrooths) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive, Orient, a/kfa as Lot 6 on the filed Map of Perry's Bight; CTM Parcel #100Q-14-2-24. age will be 1739 square feet instead of 1~0 P.M. LEANN NEAI~ ~6274. thecodellmitationof660squarefeet for Requests for Variances under Section lots up to 20,000 square feet in area, 280-124, based on the Building lnspec- (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 (5) the setback will be six (6) feet in- 20 feet. 10'.20 A.M. WILLIAM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Dc- concerning an application for a building Long Island Sound, at 9202 Bridge Lane, Cutcbogue; CFM 1000-73-2-33. 10'.30 A.IVI. KENNETH MARL- BOROUGH g 6279. Request for a Vari~ ance under Section 280-15, based on the t/rely in a rear yard. at 95 Strohson Road tor*s January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a re, ar yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CFM I000-18-5-8. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (62d) 765-1809, or by email: Linda. Kowalski@ Town. Southold.ny, us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 21 2009 Sworn to before me this //~ day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28. '2009 PUBLIC HEARlNGS OTICE IS HEREBY GIVEN, pursu- ant to Section 267 of tt~ Town Law and Town Code Chapter 280 (Zoning).Town of Southold. the followin~ ~ublic hearine will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road. EO. Box 1179, Southoid, New York 11971- 0959, on THURSDAY. MAY 28. 2009: 9',40 A.M. DEBORAH SUTHER- LAND and CHARLENE MO'FY # 6273. Request for a Variance under Zoning Cede Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit).The Certificate of Occupancy for the existing single- family dwelling was issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January L 1984, or proof of occupancy prior to that date. Location of Property: 42205 Coun- ty Road 48 (a/k/a North Road. Middle Road), Southold; CTM 1000-59-3-25.1. 9'.50 A.M. LUKE LICALZI 116280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23,200,~ Notice of Disapproval concern- ing proposed additions and alterations to the existing accessory structure and concerning the accessory building (as built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built cor~struction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10.'05 A.M. STANLEY and CHRIS- TINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d), based on an application for a bin[ding permit and the Building Inspector's November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) cwo one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- on total (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Drive, Southold: CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15, 2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) 10t coverage exceeding the code limitation of 20%. at 9480 Nassau Point Road. Cutchogue; CTM 1000-118-6-7 (adjacent to Peconic Bay), 11:~ A.M. JOHN and KATHLEEN BERKERY g 6277. Location of Prop erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37 4-2. Requests for Variances under Sections 280-1 DS and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling, The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides)'; (3) the rear yard setback will be less than 35 feet from the property line: (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet ~vilt exceed the code limitation of 20%, 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4.2009 Notice of Disap- proval concerning~ a p. rol~osed addition and alterations to the existing dwelling witll a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1080-30-2-53. 1:15 P.M. MADELINE DROEGE ~6267, (Pending attendance by owner/ applicant). Request~ for a Special Ex- ception in accordance with Cede Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgigg (two guest bedrooms) with selving of breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive, Orient, a/kin as Lot 6 on the filed Map of Petty's Bight; CTM Parcel #1000-14-2-24. age will be 1739 square feet instead of 1~0 P.M. LEA~IN NEALZ ~6274. the code limitation of 660 square feet for Requests for Variances under Section lots up to 20,000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet, (5) the setback will be six (6) feet in- stead of the code required minimum of 20 feet. 10.20 A.M. V¢ILL1AM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober I5. 20(18 Notice of Disapproval concerning an application Iora building permit to construct additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CTM 100()-73-2-3.1. 10'.30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Seetioh 28045, based on the Building Inspector's October 7. 2008 Notice of Disapproval concerning an ap- p]icarion for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than en- tirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 11.'00 A.M. VINCENT AND LAU- RA MANETFI 116278. Requests for Variances under Sections 280-116-B and 280-122, based on the Building lnspec tot's November 19. 2008 Notice of Dis- approval concerning proposed additions and alterations to the existing single- family dwelling. The reasons stated for disapproving the building permit appli- :ation are that the new construction will :onstitute an increase in the degree of nonconformance on a sinele side yard, 280-124, based on the Building Inspec- tor's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a re, ar yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. The Board of Appeals will hear all pdrsons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated abovb. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (63.1) 765-1809, or by email: Linda. Kowalski@ Town.Southold,ny. us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS} P.O. Box 1179 Southold, NY 11971-0959 9297-1T 5/14 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 ! Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: ~-/~/C)9 TOTAL NO. OF PAGES INCLUDING COVER:Iq-~ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REF/=m=NCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 22, 2009 By Requ ar Ma and Fax Transmission 212-239-3135 Blake Goble, A.I.A. 135 West 29t~ Street, Suite 1203 New York, NY 10001 Re: ZBA File No. 6274 - Application for Setback Variance (Nealz) Dear ~. Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's June 16, 2009 Meeting, the original of which has been transmitted for filing with the Town Clerk. Please be sure to follow-up with the Building Department for the next step in the zoning review and bui!ding permit application process. Before commencing construction activities, other agency approval(s) would be necessary. Thankyou. Very truly yours, Encl. Copy of Decision also to: Building Department (front desk) 20*2O