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Home My WebLink About6272 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin. Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED- d JUN 2 t 2009 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16, 2009 ZB File # 6272 - Michael and Linda Gambardella, Applicants Property Location: 9480 Nassau Point Road, Cutchogue CTM # 1000-118-06-07 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 applicant's property consists of 43,658 square feet and 41,687.70 square feet measured from bulkhead. The property is improved with a two-story, single-family dwelling and a two-car garage with a second story non-conforming living unit for guest occupancy only as per Certificate of Occupancy #ZI0286 dated 12/5/1980. The property has 137.05 feet along Nassau Point Road, 484.79 feet along the northerly side lot line, 100.04 feet along the westedy lot line and apparent high water line of Great Peconic Bay, and 388.41 feet along the southerly side lot line. BASIS OF APPLICATION: 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 connect the preexisting two-story garage to the single family dwelling, resulting in: (1) a side yard setbeck at less than the code-required 15 ft. minimum, and (2) lot coverage exceeding the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which time wdtten 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 applicant requests variances to construct a breezeway between the preexisting two-story garage and the single-family dwelling. The first variances is for a 9.5% variance, for an increase in square footage for this 79.1 sq. ft. breezeway, resulting in a total of 21.9% lot coverage (based on 41,687.7 square feet measured to the bulkhead). A variance is also requested from the 15 ft. minimum side yard requirement, as a result of Page 2 -June 16, 2009 ZB File # 6272 Gambardella CTM No. 118-6-7 removing the accessory status of the garage, and constructing a breezeway addition (connecting the two buildings). There is no change proposed in the current nonconforming 4.8 ft. side yard setback of the existing accessory garage, as a result of this breezeway addition. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3}(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed breezeway is 7' x 11.3' with a pitched roof and no walls connecting the preexisting this two-story accessory garage (side entry) with a side entry of the single-family dwelling. The existing nonconforming setback of 4.8 feet of the garage will remain unchanged, and the lot coverage is only 1%, or 79.1 square feet. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed location of the connecting breezeway is the only location that requires the least amount of area variance relief. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial The actual side yard setback of the proposed breezeway itself will be greater than 15 feet. By connecting the proposed breezeway to the preexisting two-story garage with the existing nonconforming side yard setback at 4.8 feet, the proposed breezeway as an addition to the preexisting two-story garage inherits the designated 4.8 ft. side yard setback. The proposed area of 79.1 square feet will increase the lot coverage to 21.9%, resulting in an additional 1% over of the existing lot coverage of 20.9%, which is not substantial. 4. Town Law §267-b(3)(b)(5). The difficulty has been not been self created in so far as it is a consequence of the location of the preexisting non-conforming two-story garage and the location of the single-family dwelling. 5. Town Law §267-b(3)(b)(4). 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. Town Law §267-b. Grant of this relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of their property, 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 Schneider, seconded by Member Simon, and duly carded, to GRANT the variance as applied for, as shown on Set of Plans prepared by Mark Schwartz, A.I.A. (Sheets S-1 prepared 1/5/2009, A-1 dated 11/24/08; A-1 dated 11/24/2008). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 - June 16, 2009 ZB File # 6272 Gambardella CTM No. 118-6-7 The Board reserves the dght 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 (Ch~~Schn, e,j,der. This Resolution was duly adopted (4-0) . Member Oliva was absent. ~ ~-J/ /~// :: EL. EL. EL. I N 54°45'0" E 4¢4,"f~' ~ , ~.,4NDDAI~D 51DE OF Ei,ULKH ~,P ~ ~ ,, . 'A;A~, ~/~;</,~,,~ ,//~¢.~z~~/~, ~!'~' ,:: ~: ~ :: ~ ~ ~ : - G~' HIGH ~ATE~ ~INE (TO ~2,13 N~N W~,:TER LINE (TC ..... , I , I . 24' DR'r'WELL; S' SEPTIC TANK (2,000 GAL.) HOUSE 6~0' ~G~ T~pT~c) - ~ ;[.O,;S' (HOUSE TO SEPTIC) .~ E~M~TE~ - ~ ...... PROPOSED SEPTIC SYSTEM DETAIL N.T.S. SCALE: 1" = '~0'-g' Ii ?;i : . . f~EMOV'E 4" DIA APPROVED PIPE SEWER LINE REQUIREMENTS ./ SEPTIC TAN K NOTES' FINAL GRADING AND BACKFILLING 2), BACKFILL AND GRADING, THE COMPLETED SYSTEM SHALL BE BACKF~LLED AND COVERED wrrH 5U~rABLE SOIL FOLLOWING APPROVAL TO DO SO BY THE DEPARTMENT OF HEALTH, THE PROPERTY LEACHING POOLS NOTES: iOR EQUAL) DISTRIBUTION BOXES NOTES: t) THE BASE AND WALL~ OF THE DISTRIBUTION 80× SHALL BE MONOLITHI£ALLY PITCH OF ONE QUARTER INCH PER FOOT AND A CLEAN OUT OR MANHOLE EVERY FIF~' (50) FEET, 6), THE SEWER LfNE FROM THE SEPTIC TANK TO THE LEACHING POOL(S) SHALL HAVE A TEST HOLE DATA DATA 5WPPLIED ~"r': McDON,ALD ¢~EOSCIENCE E~OX IOOO, 5OUTHOLD, NY IF'I~I (~,51) FINAL MAP REVIEWED, BY ZBAI ISEE, DESISION # ~ $-1 REVISIONS: il r[ SOUTH ELEVATION SCALE: 1/4": 1'-0" EAST ELEVATION SCALE: 1/4": 1'-0" WEST ELEVATION SCALE: 1/4" = 1'-0" FINAL MAP REVIEWED SEE DECISION DATED Co I f& AMENDMENT MHIMS November 24, 2000 SHEET NUMBER: A-1 REVISIONS; ---~_ ,._,,,,.. ,._**. ..J. ,-,.. ; ,._,, I ° 1 - ~ ("~ .~,, _ ...................... _ [~ ' ,, ,, [ i i, ~ ~ ~' ,,,.**,,' I__ ............. ~, 4, , , ., 2ND. FLOOR PLAN ---- ---~ Jl'-0'-- < (~ i ' SCALE: '1/4"= III pc^ ROOM F:NTF~¥ po~o. PROJECT NORTH · ,: i! ' // ~ 1'-0' :' SCALE: 1/~" = Z ;: O O ? ~ ,,, ~ o, ..... _~ .... ~_ ~ ,, ~ < , ,, :, (,~ \ :' :qT'- ,, ~ ,, ~ o-~ : \ :DO ROOF PLAN SCALE: 1/4" = 1'-0' FINAL MAP REVIEWED BY 2,1: A qEE DECISION # AMENDMENT A-2 FM# ~56 DATE FILED AUGUST 16, 1922 TM# 1000-118-06-007 GUARANTEED TO: MICHAEL GAMBARDELLA LINDA GAMBARDELLA COMMONWEALTH LAND TITLE INS CO i \ S 54'43'00"W' GARAGE LOT g2 STORY WOOD FRAME "~. RESIDENCE .EL = 19.18 ~ LOT 90 484.79' TE~/NIS COURT / 388.41' OWNED SURVEY OF LOT 91 AMENDED MAP "A" OF NASSAU POINT BY NASSAU POINT CLUI3 PROPERTIES, CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYE-'D FOR: MICHAEL GAMBARDELLA LINDA OAM,3ARDELLA /NC. SURVEYED: 12 MARCH 2007 SCALE 1"= 40' AREA = 45,658 S.F. OR 1.002 ACRES SURVEYED BY STANLEY d. ISAKSEN, JR. P.O. BOX 294 ~EW Su£,~o~. N.Y ~5 Lic No 49275 15T. FLOOR,~LAN SCALE: 1/4" ro~ Mark Schwartz for M & L Gambardella P O Box 933 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 20, 2008 Amended: 12/15/08 Please take notice that your application dated November 18, 2008 For construction of an addition to a dwelling at Location of property: 9480 Nassau Point Rd., Cutchogue, NY County Tax Map No. 1000 Section ll8 Block 6 Lot7 ls returned herewith and disapproved on the following grounds: The proposed construction, on this conforming lot, in the R40 District is not permitted pursuant to Article XXIII, Section 280-124 which states: "No building or premises shall be used & no building or part thereof shall be erected or altered in the AC, R80... Districts unless the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Such lots shall be required to meet the following: The required side yard setback for this lot is 15'. The proposed plans indicate the 11 'X 7' breezeway attaching the pre-existing 2 story garage & apartment will have a side yard setback of 4.8'. Also, the required lot coverage is 20%. Upon completion the lot coverage will be 21.9% / Authorized Signature *Amended to include lot coverage. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. iSLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: January 29, 2009 FEB - 4 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 local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Mc Clure 6269 Katsoulas 6270 Malon 6271 Gambardella 6272 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Notes: APPLICATIOn THE SOUTHOLD TOWN BOARD ~PPEALS House No. 9480 Street Nassau Point Road Hamlet Cutdho~ue SCTM 1000 Section 118 Block 06 Lot(s) 0 7 Lot Size 4 3 6 5 8 Zone R4 0 ! (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12/15/08 BASED ON MAP DATED 12/08/08 Applicant(s)/Owner(s): Michael and Linda Gambardella MailingAddress: 19 Westbury Road Garden City, New York 11530 Telephone: 516-742-8007 Fax#: Email: l~ambar@optonline.net Nome of Representative: Mark Schwartz,Architect for (X) Owner, or ( ) Other. Agent's Address: P.O. Box 933 Cutcho~ue, New York 11935 Telephone 734-4185 Fax#: 734-2110 Email:mksarchitect@optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: g~ Applicant/Owner(s), or g Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12 / 08 / 08 AN APPLICATION DATED 11/18/08 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] 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.) ArticleXXII I Section 280- 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 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~Xhas not been made at any time with resnect to this orooertv. UNDER Appeal No. __Year __. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA~e # REASONS FOR APPEAL fadditional sheets may be used with ~retMrer's signature): (1) An undesirable change will not be produced in the CHARACTER of th~ neighborhood or a ~: detriment to nearby properties if~ranted, because: The proposed breeze~L~' ~l~.. ~ ~ ~ ' 7' x 11.3' w£th no wa~ls, simply a pxtched roof connec~in~''~ existing garage with the side entry area of the main house. ~) The benefitsoughtby the applicant CANNOT be achiev~ ~ ~me m~h~ feaMble ~rthe appHcant~ pu~ue,~herthanana~ava~ance, because: We are trying to create a covered walk from the existing garage to the side entry of the house. The existing garage is in a non-conforming location, therefore the Building Department requires a variance. ~) TheamountofroHefrequest~isnotsu~ntialbe~use: The proposed breezway area is only 77 square feet and there are no enclosing walls. The height is approximately 9' from grade to soffit and 13'-6" from grade to top of ridge. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: same as above (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Are there Covenants and Restrictions concerning this land: ~ No. El Yes (vlease furnish cowl This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PL~odSE COMPLETE THE ATTACHED USE VARL4NCE SHEET: (Please be Signature of Appel~n~'6r ~/uthorized Agent {A~nt must submit wrttten~u~ o~n from Owner) Sworn to~eJore me this~ day of~, 20 C)~/ · APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael and Linda Gambardella Date Prepared: 11/21/C I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 7 ' x 11.3 ' Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 13 ' - 6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no II1. Proposed Construction Description (Alterations or Structural Changes) (attach exira sheet if necessmy) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: two story house with detached two story garage with non-conforming living unit to be user/ ~or Guest Occupancy only. Number of Floors andChanges WITH Alterations: two story house with a new breezeway connecting to the existing two story garage with non-conforming living unit. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 8684 Proposed increase ofbuilding coverage: 7' x 11.3' = 79.1' Square footage ofyour lot: 43658 (41687.7 from bulkhead) Pemantage of coverage of your lot by building area: 21.9 % V. PurposeofNewConstrucfion: to attach the house to the garage with an open breezeway roof in order to stay dry during wet weather. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): mostly flat with sloped area to the west Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? [] Yes /~ No Are there any proposals to change or alter land contoum? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkbeaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Tmstees: approved permit # 6788 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriem, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Bldq Permit #33860 G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Pleesc list present use or operations conducted at this parcel sin_ale family residential _~ andproposeduse same with house and qarage attached by ~,~n~~-family~; proposed: same with garage or pool, or other description.)a small breezeway. Authorized Sign~t~ret~d Date 2/O5; 1/07 Town of Southold A. INSTRUCTIONS 1. GAMBARDELLA BREEZEWAY ADDITION LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall comPlete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SC~q~ 118 06 07 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: construct a breezeway between the existing garage and the main house. Breeze way proposed is 7' x 10.3' Location of action: Site acreage: Present land use: Present zoning classification: 9480 Nassau Point Road 43658 sf single family residential R 40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Co) Mailing address: Mark Schwartz P.O. Box 933 Cutchogue 11935 (c) Telephone number: Area Code ( ). 734-4185 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [--] If yes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section I11 - Policies; Page 2 for evaluation criteria. [--] Yes ~] No [] (Not Applicable - please explain) The proposed breezeway is open (no walls)and is only 7' x 10.3'in size. The project is very small and is located in a heavily developed neighborhood. Atlach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [] (Not Applicable- please explain) This site/project will not affect historic or archaeological resources Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of ~u~l~old. S~e LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [] No [] (Not Applicable - please explain) The visual quality and scenic resources will be protected because the Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. l~llnimiTe loss of life, structures, alld natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The project does not address or affect any of the above Attach additional sheets if neeessat3' Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not applicable - please explain) This project is consistent because it will not impact the existinq Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Signfficant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. ~ Yes [] No ~-~ (Not Applicable - please explain) same as Policy 5 At~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. Sec LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation criteria. Yes ~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~-~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) -~?: '~' Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain Attach additional she~s if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No [-~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section IH - Policies; Pages 65 through 68 for evalnatiou criteria. [] Yes ~ No [] Not Applicable - please explain Prepared By: Mark Schwartz, Architect 11/21/08 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ! , The Town of Southold s Code of Ethics prohibits conflicts of interest on the pa and employees. The purpose of this form is to provide information, which can l alert the Town of possible conflicts of interest and allow it to !:ake whatever action is necessary to a'~oid same. (Last name, first name, m~ddle i~tial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or emj~toyee owns more than 5% of the shares. YES NO ~/ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the pan of Town officers and employees. The pumose of this form is to nrovide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to YOUR NAME: t,~,~f~/~ T'~, /~,~t/~ ,~, ~ (Last name, first name, middle/initial, unless you ~e applying in the n~lme of someone else or other entity, such as a company. If so, indicate th~ other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity:. Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES~ NO ~.' Complete the balance of this form and date and sigh below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~4nday of Malt g/~ ~'~ Signature: "~'~d~,./~'. ~ ~_.~.'~ Print Name: /.~1-/~./~ .~, Michael and Linda Gambardella 19 Westbury Road Garden City, New York 11530 (516) 742-8007 November 18, 2008 To Whom It May Concern: I, Michael Gambardella, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Zoning Board of Appeals and the Southold Building Department. The proposed residential construction project is located at 9480 Nassau Point Road, Cutchogue, New York (SCTM# 1000-118-06-07)). Sincerely~ Michael date: /,,/] ~//~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOW ,u TF.L: (631) 765-1802 FAX: (631) www. nerthfork.net/Southgld/ PERMIT NO._~. - · . BUILDING PEPi~ APPLICATION CHECKLIST I ~'~ ~'~ ~-- ~ ' ~L~---~° y°u hli~r need the' f°ll°Wtu{' befare applying? "k' '. .~.~..-.:~.:.~ so,r,t~nt~ I 4 sets of Buitdi~g Pious Pla. n4.g Board approval Survey Check Septic Form N.Y.$.D.E.C. ,20 Trustees Examined /_/.../~,, 20 ~ ~'~ Contact: Approved " ,20. Msil to: Disapproved a& ~ / k.. '~- Phone:~ Expiration ,20. ~ lsuadmg inspector '"~ ;c ~ APPLICATION FOR BUILDING PERMIT · ; ........~' INSTRUCTIONS a. This applicat~off~complctely filled in by typewrit~:~r,~ifl..~;..ax!d, svl~r~il:ted io'.thb.l~uilding Inspector with 3 sets of plans, accurate plot plan to scale, Fee according to schedule. '~ b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not he comr~enced before issusnce of Building Peamit. d. Upon approval of this application, the Buik~ins-Iasp~ctor will issue a Building Permit to thc applicant..Such a permit shall be kept on the premises available for inspection thro~,h~t the work. e. No building shall be occupied or used in whole or in pan for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. £ Every building p~mit shall expire if the work authorized has not commenced with/n 12 months a/~er the date of iss~?e ?~ hff not b~ co?l~i, w!t~J?,,~m~,,..~,~m such date. ~f no zom~,m~s or other relations a~ing the ' pr~p.....e~, n.a~e, oeen e~.~ted m the mt~f~a, ~','.~ B~ldldg~pector may authorize, in. writing, the extension of the p~mit for an · ,' ~ 4~P~tCaUoN IS ~y ~ to th~ ~dinS Departm~'I0r,,,~e ~ss~ ;f a.B~tt~ ?emit-mum to the B ' '; ' ' ' _.~ mlding Zone O/'dinance of the Town of Southold, Suffolk County, New ~ork, and other applicahie Laws, Ordinances or Regulations, for the construction of builclings, additions, or alterations or for removal or demolition as herein described. The apphcant agrees to comply with all applicable laws, ordinances, building code, housing, code and regu] '(Mailing addI~s of appg.¢ant) Name of owner ofpr~mscs ~./C~ / (.A/sA/~ ~.~ _~~'~' .:.. ~ ,~ '" ( on ~e ~ mil or Ia~st If applic~t is a co~ora~on, silage ofd~y auth0fiz~d offi~ ~ ~d ~e of co~orat~ office) Builders License No, Plurabers License No. Electricians License No. Other Trade's License No. Loc..~atiola 9~f l_and on ~ch larop_oied x?~ will be donp,-~ House Number S~eet -..... cou., ooo Subdivision (Name) Block /~ ~ Filed Map No. o State existing use and occupancy of prem~es and intended use and occupancy of proposed co?~otion: a. F_~isting use and occupancy ~'~(~[.~'" ~'~-~'Z /' (. ~ ~ ~"~r.~.~--~~ b. Intended use and occupancy , ~"'~,'~ ~ 3. Nature of work (cheek which applicable): New Building Addition Repair R~movai Dernolition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor Depth Rear 4. Estimated Cost Fee ~, If dwelling, number ofdwellingunits If ~am~/,nU _rr~ er of cars 6. If business, co~qm~cial_.or mixed occupancy, sp¢ci~ nature and extent of each type o f use. 7. Dimensions of existing structures, if any: From Rear Height. Number of St~.~e.~s___ Dimensions of same structure with alterations or additions: Front Depth . .., : ~ Heioht Number of Stories 8. Dun~nsmns of entrt'e new,construction: Front Rear Height Number of Stories ~. Size of lot: n, ~ear :Depth · Depth 10. Date of Pur~,h~e 'Name of Former OWner 11. Zone or use district inWkieh premises are sittmted ~ ~F'~ 12. Does proposed constraction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES NO~'/Will excess fill be removed from vremises? YES ? NO 14. Names of Owner of p.,r .emise, s~lt~:f~Addres Nme of Architect - . :-- · _ -. _ Address. " ' Phone No 7,,~ Name of Contraett)r .address Phone NO. 15 a. Is this property wi~h!n 100 feet ora tidal wetland or a fi'eshwater wetland? *YES ~' NO ,,'ss, SOtn'H0 D yOW VszSss b. Is this prope~.~.~00 ~ ef~dal wetland? * YES ~( NO · YEs, D,S.C.dY-] S k Um D. ,16, Pmvi~a'~g'k'ey,~(to scale, with a!ie-ur~t ~e.'.foxtnflation plan and (fistances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on sm'vey. STATE OF NEW YORK) SS: ....... /~.~..~...~/' J~ .~ "~bemg~luly sram, deposes~and'says that (s)he ~s the applicant (Name of indtwduai si~mg cenUaet) above humeri, (don(factor, 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 bls knowledge and belief; and that the work will be performed in the rnan~er Set forth in the application filed therewith. No, 01D1~634870 · (lu~ledln$~olkCoun~y "3/'~. · ' ~ Of Applicallt FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y Certificate Of Occupancy Z 40286 December 5, 80 Date ................................ , THIS CERTIFIES that the building ................................................ Location of Property 9480 Nassau Point Road, Cutchogue Hou No. County Tax Map No. 1000 Section ............ Block ............... Lot ................. Subdivision NsnsaU Pt, Club Prop. .Filed Map No. .Lot No. 91 ~e~uivemen_ts for a One YearL:Ly l~ellin~ _l~_ilt__Prior April 2~ ~ Certificate of Occupanc~y Zln286 dated ...D.~ .e.~.b.e.r...5, ............. ~9 .~.0., was issued, and conforms to aD ortho requirements o£ the appilcable provisions o£ the law. ~he occupancy for which this certificate is issued ~s ......... One Family Dwelling with Accessory Structure which includes two car Garage and Non-Conforming Living Unit to be used for Guest Occupancy The certificate is issued to ....~/.!~..d..C~...H.o..L. 9y.~.~.~?.h...l~.d...b~..o.: ........................ {owner, ~.0~,~ O£ the aforesaid building. Suffolk County Department of Health Approval .... ~/.~ ................................... UNDERWRITERS CERTIFICATE NO .... .~./..I~ .......................................... TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER FORMER OWNER RES. ~ / oV~ s~s. LAND IMP. AGE VL. STRE~ 9¥ N TOTAL VILLAGE ACREAGE W BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre Till~b. le 1 Tillable 2 Tillable. 3 Woodland Swampland Bru,shlond House Plot Tota I Extension , / IBasement ~,~ ~. Floors Extension Ext. Walls J~//~ ~,~, Interior Finish Extension Fire Place ~ Heat /~ Z ~ ~ ~Zo ~ ~ / ~ 0 ~ ~ Pbrch Attic ~ ~h~i~ ~ ~ Patio R~ms2ndFl~r Garage ~ X~= 5~o~ ~-~ ~ ~ /~7~ Dr?eway / ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1-12-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED #1631 $400.00 #6272 Gambardella, M. & L. #1681 $2°°'°~1N"" 'J 3 2009 Southc Id Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: ,pmk Thank you. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 15, 2009 Zoning Appeal No. 6272 Transmitted herewith is Zoning Appeals No. 6272 of Mark Schwartz~ Architect for Michael & Linda Gambardella - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP consistency Assessment Form, Transactional Disclosure Form, Authorization Letter from Michael Gambardella to Mark Schwartz to Represent him in this Matter, Copy of Application for Building Permit Dated 11/08/07, Notice of Disapproval from Building Department Dated November 20, 2008, Certificate of Occupancy for One Family Dwelling with Accessory Structure Dated December 5, 1980, 1 page of Property Record Card (both sides), 2 pages of Photos of Garage & House, 1 Page of Floor Plane of Garage, Copy of Survey of Property Showing Existing Construction Dated March 12, 2007 Prepared by Stanley J Isaksen, Jr. Land Surveyor, 3 Pages of Drawings showing Site Plan with Existing & Proposed Construction & Elevations & Floor Plans Dated January 5, 2009 Prepared by Mark K. Schwartz, AIA Architect. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/13/09 * * * RECEIPT * * * Receipt~: 37269 Transaction(s): I 1 Application Fees Reference Subtotal 6272 $600.00 Check#: 1631.1681 Total Paid: $600.00 Name: Gambardella, Michael & Linda 1450 Broadwaters Rd. Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6272 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OIF SOUTI-IOLD Tel. (631) 768-1509 Fax (631) 768-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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: 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 connect 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; CTM 1000-118-6-7 (adjacent to Peconic Bay). 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 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 January 12, 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 # 6272 Applicant's Request: Within 500 feet of: Owner/Applicant: Gambardella, M. & L. Set Back/Lot Coverage ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman I~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 al_!l 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 tt~at addr6ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than May 15th: Please either mail or deliver to our office your Affidavit of Mailinq (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.I If any signature card is not returned, please advise the Board during the hearing and provid(~ the card (when available). These will be kept in the permanent record as proof of all Notices.,, 2) Not Later Ma~ 19th: Please make arrangements to place the enclosed Poster onla signboard such as .~:ardboard, 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 (Name of Applicants) CTM Parcel #1000- -X AFFIDAVIT OF MAILINGS COUNri'Y OF SUFFOLK) STATE OF NEW YORK) I, /4.f,,¢~/~ J'E/C/'"'"~'P~ T'~-.. residing at Z.~4~,r'..~.4J/E~ New York, being duly sworn, depose and say that: On the ~'~j~'~/~- day of ~//~ 200~, I personally mailed at the Uniied' States Post Office in.~- .~. ~¥'t~¢4.'~-~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown .on the current assessment roll verified from the offi~Jial records on file with the (~/'~'ssessors, 'or ( ) County Real PropertY Office' _ , for everY property which abuts and is across a pu~i/~' ~f'~al~ street, or v_.E~_~Jtar right-of- way of record, surrounding the appli : . '%{~nature) · S~orn to before me this · ,/~ .day of /'/?/¢//¢', ,200~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the et numbers next to the owner names and addresses for which notices were mailed. Thank you. ILl Postage $ Postage $1.22 0935 nj ~ Certified Fee $2.~0 ~.1 Postma[k Cer'~fied Fee $2.80 1l Return Receipt Fee Here Postmark r"l (Endorsement Required) Return Receipt Fee Here (Endorsement Required) $2,~0 C3 Restricted Delivery Fee r--I (Endomement Required) Restricted Delivery Fee (Endorsement Required) ~0.00 u3 ~ Total Postage & Fees $ $6,3Z ~5/lq/20~ Total Postage & Fees i $ SG.~ ~/~1~{/~)0¢) nj ~'~"-'. ~'~ .......... '~ ............. 7"-'Z-~- ................ ~-'~'-~*~"----~ .......................................................... Re u n Receipt Fee (Endorsement Requ ~ed) (EndorSement Required) $2..~_~ 11 Postmark Here $0.00 $ $6.32 nj Postage ] nj ---I' Certified Fee $2=80 1]* Poshnark ~ Return Receipt Fee Here ~ (Endorsement Required) Res ficted Delivery Fee r--I (Endorsement Required) Ir] I--~ Total Postage & Fees $ nj P-- ',~,~'~,;~ -~- ............................................................. · Complete Items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article ~dressed to: I / 5'7o ri Agent D. Is deli~y address differer If YES, enter delivery address below: No n CenJr, ad Man rq Expmea M~I I'1 Registered [] Retum Receipt fo~ Memhe~dlea [] Insured Mall [] C.O.D. 4. Restricted D~ive~? (Extra Fee) [] Yea 2. Article Numbe~ (7'rahs f~ from sen, fee/abe/) 7006 2150 0004 2218 6925 PS Form 3811, February 2004 · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: X [] Agent [] Addressee B. Received by (PHnfe~L~arne) C. Dqte of~Delivery I SlZqo D. Is daiivety address different fTom item 17 [] ~s ~' If YES, enter delivery address below: [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delive~j? (F-x~ra F~e) [] Yes 2. Article Number (rr~f~fro~-v~, 7006 2150 0004 2218 6932 PS Form 3811, February; Domestic Retum Receipt · Complete items 1,2, and 3, Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 3811, February 2004 B. Received by ( Pdnted Name) I ~. Dat~ of Delivery 3. Se~ice Type [] Registered ~.{~,~ ~ I~lerchandise [] Insured Mail []~ ~C,~O. 4. Restricted D~3~?~Fee) [] Yes 7006 2150 DDDq 221& 6695 Domestic Re~m~,. ~4a~a~-? 102595.02.~1~. f~d:) ZONING BOARD OF APPEALS .... ~TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as oeo- o 7 COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the /~f-1, day of ,/~ ,2009, I personally placed the · Town's official Poster, with the date o[ hearing and nature of my application· · noted thereon, securely upon my property, located ten(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has re~,j~ in p,,l~c)e/~r/¢en d_d~ays pripr to the date~of the subject hearing date, ~Tr~e_a 'r~/~~w~ to be · Sworn to before me this ,A, ? day of ~1'~-~c , 200'7. ~' (Nota~/I~ublic) LINDA F. KOWAI.SKI NOTARy PUBLIC, ~I'ATE OF NO 52.4624771 QUALIFIED IN SUFFOLK COH~,r COMM~SSION EXPiREs .ov ~,'5~Z~ *near the entrance or driveway entrance of my properly, as the area most visible to passersby. Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date~ A~ ~]~lOq TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the followi~. Thank you. Sender's Initials: NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GAMBARDELLA, M. & L. #6272 MAP #: 118-6-7 VARIANCE: LOT COVERAGE & SETBACK REQUEST: BREEZEWAY ADDITION DATE: THURS, MAY 28, 2009, 11:15AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 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 followimz public bea6n~ will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at thc Town HaIL 53095 Main Road, RO. Box 1179, Southoid, New York I1971- 0959. on THURSDAY. MAY 28. 2009: 9:40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-I3(m), based on the Bugding 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 2g0-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January 1, 1984. or proof of occupancy prior to that date. Location of Property: 42205 Coun- ty Road 48 (aYk/a North Road. Middle Road), Southold; CTM 1000-59-3-25.I. 9'.50 A.M. LUKE LICALZI g6280. Location of Property: 2105 Calves Neck Road, Southold: CTI'M 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-I22, based on t~e Building Inspector's revised February ~3, 200~9 Notice of Disapproval concern- ing proposed additions and alterations to the existing accessory structure and concerning the accessory building 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; day of --'~2009. ~'" NOTARY pL}~C-~';AI~ OF Nr~w YORK b) create an increase in the degree of this buildable o area of 8 676.41 square the setback to the side property line at feet ~vi[l exceed the code limitation of less than the code required minimum of 20%. 15 feet on this 58,519 square foot lot 1:10 PM. SUSAN TSAVARIS #6289. c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built construction is in a side yard. where the code permits a location 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 1000-1374-33.1. 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 InspectoFs November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 square feet for 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 oI the code required minimum of 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 Oc- tober 15. 2008 Notice of Disapproval concerning an application for a 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; C~FM 1000-73-2-3,1. 10'.30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication 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 on total (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Dri,~e, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. I1:15 A.M. MICI{AEL and LINDA GAMBARDELLA ~6272. Requests for Variances under Section 280-124. based on the Building Inspector's December ] 5.2008.amended Notice of Disapproval concermng a proposed addition to the single-fatnily dwelling. The proposed breezeway addition is proposed to con- nect the preexisth~g 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: CTM 1000-118-6-7 (adjacent to Peconic Bay). 11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for ~¢ariances under Sections 280-1 i'6 and 280-124, based on the Build- ing Inspector's January I5. 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 th~n 25 feet (b~th 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 Request for a Variance under Section 280-116A(1). based on the Building In- spector's Mamh 4, 2009 Notice of Disap- proval concerning a proposed 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:~5 P.M. MADELINE DROEGE ~6267. (Pending attendance by owner/ applicant). Request. for a Special Ex- ception in accordance with Code Sec- tion 280-13B(!4) 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 lodgi.ng (two guest bedrooms) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty's Bight; CTM Parcel #100Q-14-2-24. l.q0 P.M. LEANN NEALZ g6274. Requests for Variances under Section 280-124, based on the Building Inspec- toFs 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 limita- tion of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8, 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, pIease do not hesit~.te to contact our office at (63.1) 765-1809, or by emaih Linda. Kowalski@ Town. Sour hold.ny, us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location} s~09s ~. Road (~i~s. Ls! Sworn to before me this day of__ LEGAL NOTIC~ SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant to Section 267 of lh/: Town Law and Town Code Chapter 280 (Zoning). Town of Southold, the fo0owine vub[ic hearine will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at thc Town Hall, 53095 Main Road~ Box 1179, Southold, New York 1197]- 0959, on ]'HUR A~l~]~]~y 28. 9:40 A.M. DEBORAH SUTHER. LAND and CHARLENE MOTT # 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). T~e Certificate of Occupancy for the existing single- fami[v dwelling was issued May 3 2007, and §ec ion 280-13(m) states~ that the building must have a valid Certificate of Occupancy issued prior to January 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:$0 A.M. LUKE LICALZI #6280. 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 th~ Building Inspector's revised February on total (both) side yard setbacks, and at less than 75 feet from the bulkhead~ at 150 West Shore Driue, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICI~AEL and LINDA GAMBARDELLA #627~ Requests for Variances under Section 280q24. 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 neet 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, Cutcbogue: CTM 1000-I18-6-7 (adjacent to Peconic Bay). 11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive. East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for '¢ariances Under Sections 280-116 and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica lion for a building permit to construct 23, 201~9 No ce of Disapproval concern- additions and alterations to the existing mg proposed additions and alterations dwelling. The reasons stated for disap- to the existing accessory structure and proving the application are: concerning the accessory building (as- (I) a single side yard setback will be built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alteratinns: 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 Iine 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-buih 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.'05 A.M. STANLEY and CHRIS. TINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000q374-33.1. 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) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code lhnitatinn of 660 square feet for 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. GARET HOWELL # 6275. Request for a Variance under Section 280-116A(i), based on the Building Inspector's Oc- tober 1~. 2008 Notice of Disapproval concermng an application for a building permit to construct additions and altar:a- lions 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; C~FM 1000-73~2-3.I. 10'.30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication 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 a 95 Strohson Road at Little Neck Road. Cutchogue; CTM 11:00 A.M. VINCENT AND LAU- RA MANETTI #6278. Requests for Variances under Sections 280-116-B and 280- 22. based on the Building Inspec- tor's November I9. 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- zation are that the new construction will :onstitata an increase in the degree of nonconformance on a sinele side yard, less than 10 feet: (2) the combined side yard setbacks will be less than 25 feet (both sides)2 (3) the rear yard setback w 11 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 C/ill 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 proposed addition and alterations to the existing dwelling wit~ 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 $6267. (Pending attendance by owner/ applicant). Reques~ for a Special Ex- ceptinn in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory usc in the existing single- family dwelling, with owner-occupancy, for the purpose of lodging (two guest bedroofns) with serving ~f breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the filed Map ol Petty's Bight; CTM Parcel #100Q-14-2-24. 1:~0 PM. LEANN NEALZ #6274. Requests for Variances under Section 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 ~welling, which construction will result m a rear yard setback at less than thc code required minimum of 35 feet and lot coverage exceeding the code Ihnita- tion of 20%, at 195 Village Lane, Orient~ CTM 1000-1g 5-8. The Board of Appeals will hear ali 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 hesitaJe to contact our office at (62d) 765-1809, or by email: Linda. Kowalski@ Town.Southol&ny. us. Dated: May 7,2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI ~4375 Main Road (Office Loc~tion) 53095 Ma~n Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 9297-1T 5/14 2009. ~OTA~¥ p[!~iI~C,~TATE O~ NEW YORK 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765,9064 June 22,2009 By Reqular Mai[ and Fax Transmission 734-2110 Mark Schwartz, A.I.A. P. O. Box 933 Cutchogue, NY 11935 Re: ZBA File No. 6272 - M. and L. Gambardella Application Dear ~wartz: Enclosed please find a copy of the Zoning Board of Appears 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 building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. Thank you. Encl. Copy of Decision also to: Building Department (front desk) Very truly yours, Iski PECONtC 118 NOTICE J ,~_ COUNTY O_F SUFFOLK (~ i~KI .,,,A I--' SOUTHOLO I ~o,~..o