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HomeMy WebLinkAbout6271 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road IZO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 25, 2009 RECEIVED'. JUL 2 2009 $outho[d Town Clerk ZBA FILE # 6271 - STANLEY and CHRISTINE MALON, Applicants PROPERTY LOCATION: 1445 Fleetwood Road, Cutchogue CTM 1000-137-4-33.1 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 fudher 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 16,059.61 sq. ft. nonconforming lot in the R40 Residential District measuring 59.50 feet along Fleetwood Road and East Creek, and 270 feet along the north and south property boundaries. It is improved with a single-family, two-story framed dwelling, attached wood deck and one-story framed accessory garage as shown on the survey prepared by Pat T. Seccafico, P.LS. dated 12/30/98. LWRP: This applicatior~ is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. BASIS OF APPLICATION: Requests for Variances under Section 280-17A(1) and Section 280-15(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 was disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square footage 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 instead of the code required minimum of 20 feet. RELIEF REQUESTED: The applicant proposes to demolish an existing one-story 18.35 ft. x 20.27 ft. (372 +- sq ft.) framed accessory garage with a 10.7 ft. side yard setback and construct a new two-story accessory pool house and garage with a second floor storage area measuring a total of 1,739 sq. ft. (825.62 sq. ft. at ground level, and 841.62 for a proposed second level storage area, plus a 48 sq. ft. roofed balcony) and a 6 ft. side yard setback. The plan of the proposed pool house portion of the ground floor notes a full 10 ft. x 6 ft. bathroom with sink, toilet and shower, accessed from the extedor and a 10 ft. x 15.8 ft room with built in counter top, sink and refrigerator. Five variances are applied for: Page 2 - June 25, 2009 ZBA # 6271 - Stanley and Christine Malon CTM Parcel 137-4-33.1 ADDITIONAL INFORMATION: At the Public Hearing on May 28, 2009 the Board heard lengthy testimony from neighbors opposing the applicant's proposed accessory structure based upon the multiple variances being applied for, stating that the proposed accessory structure would adversely impact the character of the neighborhood and exacerbate the existing drainage and flooding on the subject property (especially from the driveway which is an impermeable asphalt surface) and on Fleetwood Road. The applicant's representative agreed to alternative relief that would make a proposed garage/pool accessory building more conforming to code. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). A. Grant of the multiple variances as applied for will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lots on the east side of Fleetwood Road adjacent to and to the south of the subject property are typically narrow and deep with about 50 feet of street frontage. Accessory structures on these waterfront lots must be located in the front yards and as such are very visible in the neighborhood. Combined with the narrowness of these lots, accessory structures can have a significant visual impact on adjoining properties':and the streetscape. The proposed accessory structure is as large as many principal dwellings, with the dormers which exceed the code limitation of 40% and the proposed 6 ft. side yard setback, resulting in dramatic visual impacts to the natural light and open space of the property to the north. It may also adversely affect drainage and flooding conditions in the areas as explained by the applicant's neighbors at the public hearing and observed by the Board members upon site inspection. B. Alternative Relie!: The applicant proposes to demolish an existing accessory garage on their property and replace it with a proposed garage/pool accessory structure that will require additional storage for pool related accessories. The Board finds that accommodating the applicant's storage needs by granting alternative relief at 750 square feet will have a minimal additional visual impact on the character of the neighborhood than would a code compliant accessory structure, since the alternative relief represents only 90 square feet beyond that permitted by code. 2. Town Law §267-b(3)ib)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than area variances. The applicant has ample space in their front yard on this waterfront property to construct a garage/pool accessory structure that will conform to all codes. 3. Town Law §267-b(3)(b)(3). The following variances as applied for are substantial: a) The proposed total of 1739 square feet exceeds the maximum 660 square feet the code will allow and represents a 163.4% variance. b) The proposed dormers are 60% of the roof width, exceeding the code permitted maximum of 40% and represents a 66% variance. c) The proposed 6 ft. side yard setback is 14 feet less than the code-required 20 ft. minimum and represents a. 70% variance. 4. Town Law .~267-b(3)(b)(5). The difficulty has been self-created. The applicant seeks to build an accessory structure that requires fi~;,e variances (four being very substantial: size, side yard setback, use, % of dormers) when they are able to construct one that conforms to all code requirements. 5. Town Law ~267-b(3)(b)/4). Evidence has been submitted to suggest that a substantial variance in this residential community may have an adverse impact on the physical or environmental conditions in the neighborhood, as Page 3 - June 25, 2009 ZBA # 6271 - Stanley and Christine Malon CTM Parcel 137-4-33.1 , confirmed by the Board members at site inspection relative to the topography of the subject property and the existing impervious asphalt driveway. 6. Town Law §267-b. The Board also finds, upon balancing the above enumerated factors, that detriment to the health, safety, and welfare of the neighborhood and community in granting the multiple variances as applied for, outweighs the benefit to the applicant, and that the variances sought by the applicant, concerning the setback, dormers, use, height, and size, are hereby denied. 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 DENY all variari~:es as applied for, on the use of the building as a second dwelling, on the proposed square footage, dormers, height and side yard setback, without prejudice to a new application for alternative relief, with much more conformity to the code, and to GRANT ALTERNATE RELIEF only with respect to an increased size of 750 square feet on a proposed garage/pool accessory building, subject to the following condition: The Building Inspector may at his/her own discretion issue an amended Notice of Disapproval after receiving the above-noted amendments on revised plans for the above alternative relief, in order that the applicant may submit an amended application for consideration by the Board. 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 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the d~ht 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 (Chaii'r~i-~'~/' 'ei~m.an~;t Schneider. (Member Oliva and Member Simon were absent.) This Resolution was duly adopted (3-~? Gerard P. Goehr nger, Cha rman .,,,~. ~r' "'J~pproved for Filing 6/Sa /2009 FILE NO. T5684 SURVEY OF DESCRIBED PROPERTY SITUATED AT FLEETS NECK, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. NO. 1000-1J7-4-55.1 AREA = 16, 060 SO. FT. SCALE: /" =30' REVISED: 12/50/98 (PROP. 2~d STY. ADDITION DATE: I 1/27/98 ADDED) PA T T. SECCAF t CO, P.L . $. - SUCCESSOR TO - DONALD T/1SE, L.S. RICHARD WILHELM ,~~D AL~SOCIATES PROFESSIONAL LAND SURVEYORS ( 516)567-4773 (516)878-0120 N. Y.S. L lC. NO. 049287 Fleetwood Road DOMINO EFFECT East Creek N Anne Howard and Mort Cogen 1395 Fleetwood Rd, Cutchogue ~ON Proposed 2 story garage, pool house, storage, 2nd house WALSH #1 2 story garage and office 2 story addition and garage Fleetwood Road Not to scale - approximate locations W Existing structure Added construction S FLOOf~ IFRHI NOf~TH E L]EVATION , n F© ~q GA~AG~ ?IRS? 825.6_2 SF. SCALE ~' : r-o" ~TOP-A©~ AI~EA SEC, O~P t*~OOR I~LA SCALd /4" : I'-O" SCALd ~4" I'-O" FLOOR FIN PLOOR~ ~l/ ELEYA?ION SCALE /4" = I'-0" A~XI I o'/,,< SC. ALE b4" I'-O" SCALd P4" = '-O" ~O~ hdt~-. ~ fvft~-S. /'dALON 145 N S.6.T./H. No. IOOO-15~-4 55.1 P I_00l~-. PiAl',l_q ELEVATIONS 585 Noct:h k,[ellb~ood Avenue Lindenhur~b, N,'¢. 11757 651 226 5708 FAX 22©-5088 HE®AP-OH@ '¢AHOO.OOI'4 EAST TOP oF [ aq .JO 50 47' II 85.60' NO5 5140 ~i 5q,50 FLEETIAIOOE) ReAP ?ROP~RT'P AREA. 14,SSq.2q S.F EXISTING R~SIE)ENCE AREA: 1,2ql.sI 5.F. PROPOSED GARAGE AREA P~OPOS~P 2[,1~. LEVEL STORAGE AREA: 841.S2 S F PROPOSED FRONT ROOFEP BALCONY AR~A:'--24.QQ S.F PROPOSEP R~AR ROOFE~ 5ALOOHT ARHA. 4S.OO S F ~ LOT OCCUPANCY: 15.q SCALE I" = 20'-0" AR.~HITE~'r~ NOTE t=01~. ADDITION5 Il ALTEF~ATION5 ONLY ANDER,?~'N I, NINDOI~ .5C, HEDULE .STORM ~; :LI~ H.-~ I~ETAIL - t=OR HOME5 ONE MILE P'R~H ANY E:,HORELINE I~ID~E TO I~IAI I GONNE~,TION OAL SUH28R INSTALLATION lcd NAILS INTO 5~JB5 ALL HOLE5 IOd NAILS IN¥O RIDBE ALL HOLES ~I~[;~ER. TO ~.5.P. ~<2LUMN DETAIL ~3' SS.P CAPS - KLCC SERIES mAP DETAIL NSTALLATION @ I0" LSTA)4 q80 lbs. UPLIFT NOTEiS, 5PEi¢It=I ,ATION5 DETAIL5 GOI~;)I~NT ~ GLADDIN~ ~,:,L,'f~E ZOI'iES.- NOT~, ALL MEGI'IANIGAL CONN.EC.,TC~ SHOW',[ IN I:::~"rAIL5 AR~ MANUFAG'r!JRED BY UgP 9~,TUI{~AL GONNEGTOI~.5 - OR APP/~3VED E~UAL, LJNI t=~'~ NOI'E~ I~.AFTEle~ TO I~.ID~E CONNEC. TION LS2OS 4 TI"IU2O TYPICAL LI®NT SJ OPE HAN®ER INSTALLATION o r©" o/c PAU CP-.OSS-SEGTION lcd NAIL5 ALL HOLE9 PO.~T ANGHOR. DETAIL FLOOR TO FLO0~ ~2NI, E~TION TYPICAL t~.~lO ESC. APE/ RE,~..OE OPENINC,-.-.-.-.-.-.-.-~ R~ HURI~IGANE .5~P DETAIL RTDOF - qq5 IDs. UPLIPT TYPICAL RTI6T TRUSS/ RAFTER TO E)OUBLE ELOOI~-TO F INSTALLATION a o/c REF*R~*IC* ~** PO~ NAILINS FLOI:~, 1'0 F~ C,~NNEt.;I'I~N TYP CONNECTION FOR Tide STOR~ MININU~ SHEAR NALL ~ESI"IENT ~FZE NOTE, LED~,ER. DETAIL SUH28R JOIST TO O LEOGER INSTALL ANC. f-IOf~ BOLT I:;~TAIL TYPICAL UPHE)~5 JNSTALLATION ANCHOR BOLT-TO-PLAT~ -TO STUD CONNECTION Or.N~P-O,L NO FI~,E/~MOKE I;~TEGTION m ~GT~IGAL NO'I'E~ ~JPDATED 0"t-12...05) PLUIV~II',I~ ~ITE C, LIHAGTIC, Il ~,~O~l~kt%tlG I::~516N ~,FIlTERIA -~21.2(I) NAILII'~ ,~'..,HEDULE (120 M.P.H. I~IIND LOAD) PER RAFTER 5 EXC, AVATION NOTE5 ~' R. EINFOf~..IN~, NOTE5 ~- PLATE INSTALLATION O 16"o/n SHEAR I~ALLS ONLY- ~IR~EIi~ TO ~ONGFIETE PIEt~ DETAIL TYPIC, ©HA6 UPLIF F COIqNECTION INSTALLATION ~II~DEI~ TO 5.5.P. C, OLUI,'IN DETAIL BASE PLATES CAPS ~Ile~ER./POST/POOTIN~ ~TUD TO POUNDATION TYPICAL LSTAS© (0~ EQUIVALEix[T) ~"¢ ANGHO~ BOLT @~e"O/G TYPICAL UPLIPT (..,ONNEC.,TION (FOP-. OPIENINOS) INSTALLATION TYPICAL LSTA24 FLO01~ TO t~L~OR ~ONNEGTION GAP. AGE CANTILVER GONI~TIONS) INSTALLATION F 5.G.T.N. No. 1000-157-4-53.1 SITE NOTES ~- 19ETAILS Iq. IN.~JLATION N~TE~ AND DOOI~ NOTE.5 Horolcl ®eloh aecl 563 Ixlon~h ~[ellHoocl Avenue Lindenhur'sb, N.Y. II,S7 031 22©-5708 FAX 220 5088 HEGARCHoYAHOO CON clro~n bU. PIAIxlA GOhJEZ ob no: O2OOS-Sq-N FORM NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: November 5, 2008 TO: Stanley & Christine Malon C/o Chris Alvino Harold E. Gebhard, Architect 363 North Wellwood Avenue Lindenhurst, NY 11757 Please take notice that your application dated October 30, 2008 For a permit for an accessory garage/pool house; Location of property: 1445 Fleetwood Road, Cutchogne County Tax Map No. 1000 - Section 137 Block 4 Lot 33. I Is returned herewith and disapproved on the following grounds: Pursuant to Article IV Section 280-17(A)(1), One-family detached dwellin~o?~ not to exceed one dwelling on each lot, the proposed accessory will create two one family dwellings on this 16,059.61 square foot lot in the R40 district. The proposed construction of this accessory detached garage on this_ .1~5~.61 square foot lot indicates a total square footage of 1739.24, tt~6~.~t of 24~ feet ~ith a side setback of 6 feet and dormer~60~,~ +/- of~e~Article Ill. ~ Section 280-15Co)(c)(d), on 1~,999 the maximllm height and side yard setback are 22 feet high and 20 foot minimum side yard setback, the maximum square footage allowed on lots up to ~0,000 square leer'shall not exceed 660 square feet, and donners are permitted on accessory buildifigs up to. 40% of the roof width Authorized Signature This disapproval is based on the site plan by Harold E. Gebhard, Architect, dated 10-28-08, and changes or deviations to above referenced application may require further m-view by the Town of Southold Building department. Cc: file, ZBA DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 29, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: FEB - 4 009 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 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 11788q3099 TELECOPIER (631) 853-4044 ~21/200B 13: 17~ 6317273: USDA NROS COUNTY OF sUFFOLK PAGE Paul A. TeNyenhui~ DZ S'l~'V CT l(~tl'A~ ;~. (631) 727-2315 ~c3 02/04 May20,2009 Chairman Gerard Goehrlnger Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 $outhold, N~v York 11971-0959 RE: ZBA File KEF. No 6271 (Malon) Dear Chairman Ooehringer: As requested, a site roviow was conducted at 1445 Flcetwood Road in Cutchogue, NY. Thc aitc was ~valuatcd for potential natural resource concerns r~garding the constmetion of a garage and in-ground pool. At the time of this site visit, May 19, 2009, there were no observed natural resource conceras. The house is fitted with ~utters and downspouts that outlet onto the ground. The rear yard is in d~nse ~-ass cover, therefore the roof runoff is not causing any erosion. The property is situated on East Creek and protected by a short wooden bulkhead. There exists wooden stairs that lead dowri to a wooden dock. The bulkhead is currently in stabile condition; no erosion at the toe was observed. Cord!p~ass is/rowin~ at the toe of the bluffwhich is further protecting it from erosion. The bluffis in stabile condition; it is derisely vegetated, mostly with rose plants, It was noted that the neighbor to the south, 1555 Fleetwood Road has placed a number of cylindrical blocks at the base of his/her bulkhead, on the Crack side, It is advis~l to remove these blocks as they do not provide an erosion protection and may actually accelerate erosion. Lastly, it was observed that stormwatcr runoff from Fleetwood Road is flowing down the landowner's driveway, outletting near the proposed ¢onsmiction area. Damage to the driveway from thc runoff was observed. The lowest point in the road is directly in front of the landowner's driveway. Road runoff coll~cts here and then overflows down the dr/veway. It is recomm~nd~i that a leacb./ng catch basin be install~i on thc east side of Fl~twood Road, just east south of thc landowner's driveway. A leaching catch basin will allow thc water to drain v~ically. If you require further assistance in this matter please don't hesitate to contact mc. 110 RIV~F. HEAD, KY 11901 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosi'o, Jr Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 13, 2008 Mr. Chris Aivino 363 North Weilwood Avenue Lindenhurst, NY 11757 RE: STANLEY & CHRISTINE MALON 1445 FLEETVVOOD ROAD, CUTCHOGUE SCTM# 137-4-33.1 Dear Mr. Alvino: The Southold Town Board of Trustees reviewed the site plan prepared by Harold E. Gebhard, Amhitect, last dated October 28, 2008, and received on October 30, 2008, and determined that the demolition of existing garage and construction of a new in-ground swimming pool, pool house and garage is out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands (.;Ode (Chapter Z/b) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that ail necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may'include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. 2 If you have any further questions, please do not hesitate to call. James F. King, President Board of Trustees JFK:eac APPLICATION TO THE SOUTHOLD TOWN BOARD O~ APPEALS Fee: $/p/~ Filed By: ~ Office Notes: For Office Use Only Date Assigned/Assignment No. Parcel House NO.1J(~ Street ~:~t:~'~"f. cg(PO&~ ~ Hamlet ~A)']-(..~O~/~/~ SCTM 1000 Section~ Block~ Lot(s)~[ LotS~e]~,0~t ~ne ~ I Og I S CTOg DATED: ~~ ~0~ ~ ~00~ ~ ApplicanUOwner(s): ~~ ~ C~I~ ~~ Mailing NOTE: In addition to the above please complete b~ow if application is signed by applicant's attorney, agent, arehitee~ builder, contract vendeg etc. and name of person who agent repr~ents: Authorized Representative: ~ ~$ ~l~ O br (~) Owner, or ( ) Other: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) ~[.Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~luiiding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use D Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.f _ Article txx/' Section280-J7 (--~. (IX)- 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 [3 hasJ~has not been made with respect to this property UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant: ~"~;~/. ~ 6~%TI~'~TM# ~7" ~-7~'I ZBAFile# b~CI REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: ~g~ ~o. [] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at ~ same time preserve and protect the character of the nei~t~orhood and the health, safety, and welfar, f the community. Check this box ( V/) IF A USE VARIANCE IS BEING ~ ~D, AND~ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to C/t6'STt~ llttorney.) ~ I ) ! Signat~r,.~of Appellant or Autl~l'ized Agent /]' ... (Agent mus~on from Owner) Swor~tl~before me this [I ~ Page 3 Application by: Assigned Application No. Office Notes: Part B: REASONS FOR USE VARIANCE ('# requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project Is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Is located, demonstrated by competent flnanclal evidence. The applicant CANNOT realize a REASONABLE RETURN because: {describe on a separate sheet). 2. The alleged hardship relating to the prope[ty is unique because: '-]'~p_,fl.~_ 3. The alleged hardship does not apply to a substantial pofllon of the district or neighborhood 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessaw, while at the same time prese~ing and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please exp a , eparate,heet ,.,,, / 7. The spirit of the ordinance will be obse~ed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain, m a separate sheet If necessa~.) (~) Check this box ~n~ complete PART A, Questk ~s on previous p~ge io ~pply AREA signature ~ notary area below. ~~ ~wor ~ this Il TM Signature ~thorized Agent (Agent must submit Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being re, moved: I~:(%'Ft~Qt II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ("~t~,-~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from Existing square footage of buildings on your pro em/: Proposed increase o f building coverage: ~ ~ '~, '~-~-~ Square footage ofyour lot: ~ ~, O %~ , ~,~ [ e:~.~, Percentage of coverage of your 'lo~-15'y building area: ~ V. Purpose of New Construction: ~_.~ ~ ,, VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(~): 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 FIIING WITH YOUR Z.B.A. APPLICATION ~-~ ~ / A. Is the subject premises listed on the real estate market for sale? [] Yes ~No B. Are there any proposals to change or alter land contours? J~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of ~urisdiction? Please confirm status of your inquiry or application with the Trustees: L~'I'ITct Off I,.¢ot,.,'x'Tc~SO~c"Ttr,~.~t 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? I,~.D¢~ Are there any patios, concrete bamers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? MO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you ~rany co-owner also own other land close to this parcel? ~ ¢D If yes, please label the proximity of your lands on your map with this application. H. Please list~resent use or operations conducted at this parcel {~1~ ~..)F_.7~: ~ and proposed use ~g'a~.¢~' d I/0o£ /'4tOt~ ~xamples:examples e~sting:e ting singk-~mil 'single mily, proposed: same with garage or pool, or other description.) A~gna~7~~ 2/05; 1/07 61Z2J Appendix C State Environmental QualtO, Review SHORT ENVIRONMENTAL A, gS ESSMENT FORM For UNI, ISTED ACTIONS Only PART I - Project Iaformatioa (TO be complete by Applicant or Project spoasor) 1. Applicant/Sponsor 2. Pmjest Name 3. Project location: Municipalib/ Coun/y ] Precise location (S~reet address and road IntersectJons, prominent landmarks, etc. or provide map) 5. Is proposed actiom NEW '(' ) EXPANSION ( ) MODIFICATION / ALTERATION 6. Descdbe project bdefly: Amount of land affected'~' Initially: 0~-.~,~' ~.-' 8. Will proposed action comply v~Ch existing o~ other ex~sting land use restrictions:( ) YES L~) NO If No, describe bde§y: 9. What is present land use in vicinity of project: (describe): ~') Residential ( ) Industrfal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( } Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal' State or Local) ? (~) YES ( ) NO If Yes, list agency(s) and pem~Wapprovals: 12. As a result of i( , YES ( ) NO g permit/approval require modification? ~/~, If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge in the Coastal Area, and state agency, complete the Coastal Assessment Forth before proceeding with this assessment a ~d~SA(JTIONAL DISCLOSURE FO f To ow R, coNTP CT The To~ of Southold's Code of Ethi ..... ~'- ..... ~ ptonlOl[8 contllCtS oI inter and employees. The pu~ose of this fo '~ ~ ~ovi~ · ~ .. est on t~e pa~ of To~ officers ~ 1o ,, v ...... tn~o~anon, which can alea the Tom~ of possible conflicts of interest and allow it to take whatever action is necessa~ to avoid same. (Last name~t name ~ddl~ Z~i~ .. , ~ ~ ..... ,ua~, umess you are apply ng in the name of Someone else or other entiW, such as a company. If so, indicate the other person or company name.) NAT~ OF ~PLICATION: (Check ali that apply.) Variance Special Exception *Other Approval or Exemption :t ' from plat or official map Change of Zone ~ ~ 7 / Tax Grievance · lf"Other" name the activin: Do you personally (or t~ough your company, spouse, sibling, parent, or child) h~ye a relationship with any officer or employee of the To~ of Southold9 "Rehti~N~i "includes b, bloo~ ~na~ia~ business interest." ' . ' ' - ~us~ness mterest" ~ .... . ~ ~ ~ , means a business includin ~rsh p, in which the To~ officer or em Io ee has ~a co oration in which the Toxm~ _ eve~aaial O~ershi of or officer or em 1o ee oxm~s more than NO / [~ou ans~ered "YES", complete the balance of this form and date and sigtt where indicated. Na~e of person employed by the Tox~ of Southold: Title or position of that person: Deschbe that relationship be~een yourself (the applicant, agent or con,-act vendee) and the To~ officer or employee. Either check the approphate line A t~ough D (below) an~or descnbe the relationship in the space prodded. The To~ officer 'or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the Owner of~eater than 5% of the shares of the co~>orate stock of the applicant (when the applicant is a co¢oratidn); ~ B) O~e legal or beneficial O~er of any interest in a non-co~orate enti~ (when the applicant is not a co¢oration); ~ C) an officer, director, pa~er, or employee of the applicant; or D) the ac~al applicant. DESCRIP2 iON OF RELATIONSHII' Town of Southoid INSTRUCTIONS ,LWRP CONSISTENCY ASSESSMENT FOPd ~I 7 / All applicants for permits* including Town of Southold agencie~ shall complete this CCAF for proposed actions that are subject to the Town ofSouthold Waterfi-ont consistency Review Law. i assessment is intended to supplement other information used by a TOwn of South01d agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion ittazard 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 Waterfi'ont 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 caanot be certified as consistent with the LWRP policy standards and conditions, it s___hall not be undertaken. A copy &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 Plamfing Department, all local libraries and the Town Clerk's office. B. DES CRIPTION OF SITE AND PROPOSED ACTION SCTM# I%-'/ & 3'Z l Nature and extent of action: Tlie Application has been submitted to (check appropriate response): TownBoard [] Planning Board [--] Building Dept. .~] BoardofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~] construction, planning activity, agency regulation, land transaction) ~_] (b) Financial assistance (e.g. grant, loan, subsidy) -(~¥--ndermit, approval', license, certitiE~ii6-r~i ......................... ~ .... Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: '=x;Sh-~lC ~r 4 f---~M~'~TIt°C (b) Mailing address: ~ t~C4S llq S (c) Telephone number: Area Code ( (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes R No [] If yes, which state or federal agency? C. 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 III - Policies; Page 2 for evaluation criteria. [--]Yes [~] No [~NotApplicable Attach additional sheets if necessary ...... Poh~c-2~.~rot~-t-~tl~t:6g~-r'V~-l~-is-t~?F¢'a~'~l~-r~li~- resources oTth-e- oT6~n o~6US%hthold. See LWRP _Se~ct_io__n~_H_I__-??ic_ies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes [] No ~] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-] yes ~-~ No ~ ~ot Applicable Attach additional sheets if necessary 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 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies_[._P_ages 22 through 32 for evaluation criteria. ' [-] '~s' ~]'NO[~ r~o~ X~;pii~c~ihe Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section /II - Policies Pages 32 through 34 roi- evalnation criteria. Yes R No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y. es [7~ No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Soutbold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessary COAST ~Li-ciE~ .......................... WORKING Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -'~y~ [~]- ~o -[~-N b ~: -A~-Pl i~-a~l~ 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 [-q No ~-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands la the Town' of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~] Yes [~ No ~2[ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable Created on 5/25/05 11.'20 AM October 15, 2008 Town of Southold 54375 Route 25 (Main Road) PO Box 1179 Southold, NY 11971-0959 JAN RE: Malon Residence - 145 Fleetwood Road, Cutchogue SCTM# 1000-137-4-33.1 Dear Town of Southold Building Dept. and Zoning Dept.: Please accept this letter as authorization to allow Chris ^lvino of Harold Gebhard's office, to act as agent on our behalf. Thank you for your cooperation concerning this matter Yours t r.r.r.~/ , Mr. & Mrs. Stanley & Christine Malon 631-241-3409 - Stanley 516-672-0796 - Ch ristine T°wN OF SOUTHOLD. PROPERTY RECORD CARD FORME,R O~NER ' N , ' .. E : ~S. ~/~ S~S. VL. FA~ 'CO~. CB. MJb. h ~kt. Value ~ND IMP. '-TOTAL DATE R~RKS d~, AGE BUILDING ~DITI~ N~ NO~ BELOW ~OVE FA~ A~ Value Per Value Acre Tillable ' W~land Me~d D~TH Hou~ BUL~H~D Total ' D~K . COLOR ~-'//'//~'~-'~ ..... ' "" TR'IM" ~ Y I ~tension .... ['~ion~ ' ~ ~ 8o~ ,. . / , - Dinette ~ · . ~ ~i ~. Walls " . ~ . Inferior Finish h/... ,~A LR. Porch ~ > ~' ~ ,7~ ' /' '."'. " ' ~ ' ~oo O' s/~/~ .' .... Breezew~ ' Fire P~e ' ~ $b .H~t , Garage /~ ~ ~ : ..... ~00 ,~ ~oJT~eR~f (": Rooms'l~ Fl~¢' ' BR. O.B. . : Dormer . Driveway OWNER FORMER OWNER JSEAS. IMP. VILLAGE ~-~¢ d. ~/-f~/~ ACR. LAND .VL ¢ FARM TOTAL ~ DATE ~,¢ 1/I ,,~. ,v,,',,.. COMM, CB. MISC. Mkt. Value AGE NEW NORMAL FARM Acre BUILDING CONDITION BELOW ABOVE Value Per Vdl~Je Acre TYPE OF BUILDING 'illable 1 'illable 2 'illable 3 ¢oodland wampland rush land IousePIot 'otal FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Extension Extension Breezeway COLOR TRINt Foundation ~ ~> Bath Basement. FloOrs Ext.' Walls Dinette K. Fire Place TYPe Roof Dormer Driveway Interior Finish Heat Rooms Rooms 2nd Floor 'LR. FiN. B. TOWN OF SOUTHOLD BUILDING DEPARTM[ TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20__ Disapproved a/c Expiation 20__ BUILDING P~MIT APPLICATION CHECKLIST Do youql~ve or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Z~ O ~ 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 INSTRUCTIONS ,20t9~ 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 l~emis, es 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 Inspe6tor will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months atter the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~.~ I~1~"['~ k~ ~:: (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. Locatlo~.~land on wh~~ll b~on,~ House lqumber ' Street ~ ' County Tax Map No. 1000 Section [~'~'~ Block Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended u~e'~-}d occupancy of prol~osed construction: a. Existing use and occupancy ~ I ~ ~,. i ~ ~. ~ ,, b. Intended use and occupancy ~~/ 0 e ~¢~:~a>!_ 3. Nature of work (check which applicable): New Building Repair Removal Demolition v/ Fee 4. Estimated Cost Addition Alteration Other Work_~'~l-~0, ~aa~L. (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars [ 6. If business, 'commercial or mixed occupancy, specify nature and extent °f each type °fuse' 7. Dimensions of existing structures, if any: Front~Rear _~_,79, ~' Height -q' ~, ~ ~ Number of Stories Z Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height ~_~ Z~¢., ~ ~ Number of Stories 9. Sizeoflot:Vront ~--~')q'~-~OI Rear ~'-'~-"('C~O'.Depth ~~'001 10. Date of Purchase~Nme of Fo~ Owner ~10~ 11. Zone or use dis~ct in which praises ~e situated ~~ 12. Does proposed construction violate ~y zoning law, ordin~ce or relation? YES ~NO~ 13. Will lot be re-~aded? ~S~ NO ~Will excess fill be removed ~om praises? YES ~ Rear No,," 14. Names of Owner of premises~gc~¢lc-'DOE I"t~,-~Address ¢O ,x. vhone No. Col ~-~ ~ O"'/a/~ Name of Architect ~L~t~ ~:, (~.~Address~_P. hone No 6~l-~_~-~O ~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__~,.~_ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~4-~--oT[ I~.-~--~- H~..~ 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 application; that all statemen~ contained in/th'~applieation are true to the best of his knowledge and belief; and that the work will be performed in t~6//manner set f~rth in the application filed therewith. Sworn to b~td[e m~t ~otary P .bli~--"*' - ' "" ~ ~'' Signature of Applicant 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 14, 2009 Zoning Appeal No. 6271 Transmitted herewith is Zoning Appeals No. 6271 of Chris Alvino for Stanley & Christine Malon- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Stanley & Christine Malon to Chris Alvino to Represent them in this Matter, 2 Page Letter from Board of Trustees in regards to Demolition of Existing Garage & Construction of New In- Ground Pool, Pool House & Garage, 3 Pages of Color Photos, 6 Pages of Black & White Photos, Copy of Property Record Card (Two Pages Double Sided), Notice of Disapproval from Building Department Dated November 5, 2008, Copy of Survey Showing Existing Construction Dated 12/30/98 Prepared by Pat T Seccafico, PLS, 2 Pages of Architectural Plans Showing Site Plan & Elevations Dated 1/7/09 Prepared by Harold E. Gebhard, Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/9/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED MALON, Stanley & 6271 Christine 1608 $600.00 JA~ ] 3 2009 $600.00 By__ Thank'~ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/13/09 * * * RECEIPT * * * ReceiptS: 37274 Transaction(s): 1 1 Application Fees Reference Subtotal 6271 $600.00 Check#: 1608 Total Paid: $600.00 Name: Malon, Christine & Stanley 264 Linton Ave. Lindenhurst, NY 11757 Clerk ID: CAROLH Internal ID: 6271 Stlml~y &.Cltti~ Molon 264 Liaioa Ave Liad~lmrst, I',IY 1 Mai'oh 8, 1999 ' l~ar ippllo~.nt; Bas~l on ~ ir~rm~oa you ~ ~, Tho p~ of*~ pro~ ~d of ~ t~ ~.~ ~ ~.~ho ~Y pr~ ~ Pat T. S~ l~t ~ 1~0/98, is ~ ~ ~ 2~ Ti~ W~~, Brian P. l~,,,{i~an Coau~ti~ Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtowu.northfork.net 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (6:31) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHE ET Fax # Yu I AL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] attached copy/copies of the following. you. Sender's Initials: THE N~ONt~. T!MES. SUI\rF)AY. .IUN~ 29~ 20'3~ constant wet Weather has left many ~ental signs on display in the HamPtons. Here a street scene kn Westhampton, I know of four properties on Fleets Neck with two residential buildings. On East Fleets Neck are the Dunhuber, Robinson and Williams cottages. None have a main house like Malone does. None were built recently. This application is based on ignorance of the neighborhood character and disrespect for the neighbors' interests. Please do not allow the law to be used as a springboard to replace open space with overdevelopment. Tins application should be entirely denied. The combination of a larger size than the maximum allowed by law, with a smaller setback than the minimum required by law, and with over the top of the maximum legal height does not suggest a compromise would work. If the applicant wants to compromise a new application should be required. To the North are two small triangular lots on an outside comer. The closest one was recently renovated in keeping with the neighborhood character. The second one is vacant and it is only a matter of time before it will be improved. In legal terms one could say that neighbors like Malone have malice aforethought and unclean hands. I am not claiming they intend to harm the public interest, they just do not recognize anything but their own interest. A personal note: I learned of the proposed Malone development when I was getting into my car and I noticed a~lripod leg on my driveway. There was a surveyor's scope, but no surveyor. It appeared that g0meone was surveying my property. Yesterday, the surveyor was working in the road. He asked me ifI had an elevation of my house, lfI did I would not have given him a copy. My house is preexisting and has nothing to do with what current law allows. Even if there were no opposition the instant application should be denied due to the applicants' failure of to satisfy their burden of proof. Besides the detriment to the community in terms of monetary value of properties in East Fleets Neck, the Malone proposal would contribute to the increasingly rapid, but not inevitable, deterioration of our quality of life. Walsh, Scavone and Malone are not the only examples of overdevelopment on Fleets Neck. Just a few doors down is the McGill mansion. The property is so narrow he asked ins neighbor to move her old cottage to the center of her lot so the mansion would not be so squeezed. Down toward the beginning of Fleetwood the Lizuski mansion dwarfs and detracts from even the new houses nearby. The old cottages look like they belong on another planet, Earth. It is interesting ~o note that Walsh and Scavone both developed their property in phases. The initial phases were bad enough. The proposed Malone second phase is overwhelming. The Walsh and Scavone developments are mistakes. We can learn from mistakes we do not have to repeat them. W~alsh wanted a second house, he was denied plumbing. Scavone wanted a pool. He realized his property was too small for one. Malone is proposing a development which would not only add significant overdevelopment to the already overdeveloped area, the Malone property would be the most intensely developed by far. Benja Schwartz 1845 Fleetwood Road Cutchogue Public Hearing Southold Town Zoning Board of Appeals Stanley and Christine Malon #6271 Thursday, May 28, 2009 Wdtten Statement Anne Howard and Mort Cogen 1395 Fleetwood Road Cutchogue, NY 11935 Mr. Chairman, Board Members and community members: Good moming. My name is Anne Howard. My husband, Mort Cogen, and I ara neighbors of the Malons. Our home is adjacent to their property on the north. We bought our property 16 years ago and are moving out here full-time in about a week. The first thing that jumped out at us when we first saw the Malon proposal was that its justification was that, and I quote, "condition exists on nearby lots". In other words, overbuilding which requiras a large number of substantial variances, diminishes open space and packs properties, reducing property values, is okay because it has been done before. I believe that variances are just that. They are modifications to the standards set by the code. If variances like these were to be automatically granted, as is being requested by this appeal, they would have been wdtten into the code. We all recocjnize that, with hindsight, many things that we used to do are no longer viewed as appropriate. We team from our past actions and modify our future actions. As such, we do not believe that these variances should be granted automatically because "the condition exists on nearby lots". With that said I will discuss why I feel the proposed variances go substantially beyond the code. Let's look at the three properties immediately to the south of our property: The Malons, and what were the Walsh and Scavone properties. I think we can readily see a "domino effect' that has: a) Diminished open space to the detriment of the neighborhood, and b) Diminished property values as a result of "packing" properties with over-sized construction. I would like to pass out a simple diagram that will help you understand how the dominos ara falling on Fleetwood Road. #1: The Walsh Project This domino effect started with what was the Walsh property. Mr. Walsh built a separate two story structure that included a garage and a second story for office space and storage space. The effect of what Walsh did was actually a disservice to the Malons. With this building, Walsh "walled-in" the Malons. The building appears to us to be about 7 feet from the property line. In effect the Walsh's did away with their own open space, using the open space on the Malon side! It is easy to see that this also diminished the value of the Malon property. #2: The Scavone Project The next domino was the large, tall addition Frank Scavone built onto his house. This addition resulted in a house with a footprint unlike any house I have ever seen. Aesthetics aside, what the Scavone project did was to "w~!!-i~-" *~-~ ~!-~.-,~'~ ? ........ ~ so than the Walsh's did to the Malons. The Scavone house now stretches from as close Malon appeal.doc I 5/27/2009 to the bluff as possible to as close to the road as possible with a side-yard set-back distance of only 10'. The result is that this property is now 'packed' with almost all the open space eliminated. At the time that the Scavone project was being planned, Mr. Walsh was trying to sell his property. He had a buyer for well over a million. When this prospective buyer got wind of the Scavone project he, of course, backed out. W'~h the Scavone addition looming over the Walsh property, the Walsh property was no longer worth anywhere near what it had been before this 'improvement'. When the Walsh property eventually sold, well before any talk of mortgage backed securities and real estate bubbles', it sold wall below a million and the real estate broker told us point blank that the Scavone house was a major problem in selling what was the Walsh property. ~3: The Malon Proiect Now the Malon project walls us in, just as the Walsh and Scavone projects did to their neighbors. That is, the Malon proposal utilizes open space on their neighbor's side while eliminating much of their own. The Malon project is out of scale with the size of the property, which is, after all, just 1/3 of an acre. A second house is being proposed that dvals the size of the main house. The additional house is way too big, too high and way too close to our property line. It once again uses up the open space between the two properties. If any open space is to remain, it becomes all our responsibility. Maintaining open space should be a mutual responsibility between neighbors. VVhen my husband and I re-modeled our house, we asked for an area variance. A triangular comer of the new room we wanted to add went over the set-back line (you can see this tiny tdangle in the diagram). Our variance requested permission for a total of 9 sq. ft to go over the line. I believe our request stayed within the 'spirit' of the code and it was granted with little discussion. The overall effect of all these many area variances requested by the Malon project: excessive height, a second two story house (not 1 ½ as stated on the site plan), 70% set-back reduction, excessive square footage, is to totally rewrite the standards of the code. They are NOT small variances that would allow for the =spirit" of the code. Individually and collectively the four area variances requested are substantial. They represent an undesirable change for the neighborhood and are a definite and severe detriment to our property. The use vadance to build a second house on this single dwelling property cannot but change the character of Fleetwood Road for the worse. The sum total of these 4 area variances and use vadance ask for the total disregard of the Uspirit" of the code and substitute a whole new idea of what the norm should be. Other concerns We have several other concerns, beyond the variances, including: 1. Water: The area where the building is being proposed is not "approximately" where the garage was nor is it fiat as the plan suggests. This building site is actually in the IQwest spot on the property. The land slopes gently up to the existing house arid slopes up rather steeply to the road. As such it is a natural collection space for rain water and Malon appeal.doc 2 5/27/2009 ice and snow melt. Where is this water to go? What are the provisions for this water?. The plan calls to grade the land away from the new house. W~h a requested 6' setback, it sounds like the water will be channeled to our side. Further, the water collected on the roof will also have no where to go. Will it also be channeled to our side? I would also like to understand the provisions for emptying the pool for necessary maintenance. Where will all this chlorinated water go? Into the creek? Is there a detailed drainage plan for both rain and pool? Without detailed and adequate plans for managing mn-off and disposal of large amounts of chlorinated water, there are likely to be negative affects on the environment. 2. The, Hat;iht of the Proposed Buildinn As the zoning board has noted, the proposed building exceeds the height restrictions. First, building this high is out of scale with other houses and alters the character of the neighborhood. Additionally, as noted previously, the proposed site is the Iow point on the property (excluding the bluff hill). As such the inclination is to back-fill this spot. This will not only worsen the run-off problem, but if this is done, it will make an already too tall building even taller. Therefore, the height of the building is a concern but the actual elevation is also a concem. Back fill should not be allowed. 3. The Pool The plan shows no fence, or safety pool covering. How is safety to be addressed? We must realize that this pool is only a few feet from our property and is very tempting for a child to explore. At a time when all of us on the North Fork are being asked to conserve water and energy, should the town be encouraging pool construction - when so many substantial variances are requested and beautiful Peconic Bay is only footsteps away? 4. Noise The plan does not show where the AC compressors will go. Ars they to be placed in the already compromised sat-back space alongside the north wall? Will this noise be directed at us from a distance of just a few feet? Where will the poo pumps be located? Will we be listening to whirr of pool pumps night and day? 5. Liahtina The Plan does not show a lighting plan. How much outdoor lighting will there be to illuminate the nighttime sky?. 6. Light Speaking of light, the site plan locates the second house on the north side of the Malon property along our property line, so that "it doesn't block the view of the house from the street." That is well and good, but it should also be noted that this north side construction with minimal setback does block sunlight from our property. I would further suggest they want to build on the north side because the south side of their property is already compromised because of the proximity of the Walsh building. Malon appeal.doc 3 5/27/2009 Conclusion The Cogen/Howards and the Malons have always been good neighbors. We have always been respectful of each other. I do not relish discussing all these concerns, but we do not want to see this domino effect of over-building and 'packing' continue that are dependent on substantial numbers of both area and use va~Jances. None of us want Fleetwood Road start to look like Long Beach Island on the Jersey shore. We do think that it is important that wa maintain our property values in the improvements we make. Most importantly, we believe it is important to defend the beauty of Fleets Neck which is so dependent on preserving our open space. This responsibility should be on both sides of each property line. We urge the ZBA to deny this appeal. Malon appeal.doc 4 5/27/2009 Harold E. Gebhard/~hitect 363 North Wellwood Avenue ~JJ, r~lenhurst, N.Y. 11757 & 631 226 3708 fax 226-3088 date ,attention: Please accept this: job no. { ) (re: ~,~ ,~,~,,.~,~ ) C) transmittal (~ correspondence 0 unnecessary paperwork O fax cover C) invoice C) other date ~_ ,~ description ') copy to: For: your approval (~as per your request (~) your records C) other. ~ making paper airplanes signed May-27-09 01:54P H. ~ard-Architect 363 North Wellwood Avenue Lindenhurst, N.Y. 11757 631~63088 P.01 631 226 3708 fax 226-3088 date at ten tio~n:-~.,~z.¢&, Please accept this: job no. C 0 transmittal O correspondence 0 unnecessary paperwork 0 fax cover 0 invoice 0 other ~_e~ description %~z-i~,..,.z.~,~ .- .., copy to: your approval as per your request 0 othe!. making paper airplanes 0 your records signed Harold E. Gebhard Ar~itect 363 North Wellwood Avenue Lindenhurst, N.Y. 11757 631 226 3708 fax 226-3088! Please accept this: date © transmittal © correspondence fax cover invoice © unnecessary paperwork C) other date ~ · description For: C) your records your approval as per your request making paper airplanes other copy to: signed m USE I · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature B. R~ceIV~ by (Pr/,ted N,~,,) lC. Dot. of Doliv.~y, D. Is delk, ePy add~ different ~m item 17 [] Yes If YES, enter delivery add~ below: [] ~% 3. Service Type r-I Certified Mall [] Expr--',:,~s Mall 2. Article Number ('rrans~r flora serv/ce labeO 7008 1300 0001 7023 9298 PS Form 3811, February 2004 Domestic Return Receipt m m 3117 Postage Retum Rec~pt Fee (Endorsement Required) Total PO~tage & Fees 0~'7 . t 9370 Cliffor~ & Jill Ohl 216 Kens, ing~on Road Cutchogue, NY 11935 U.S. POSTAGE PAID LINDENHURST.NY lj757 MAY 08.'09 AMOUNT $5.32 11935 00066820-04 7006 0100 0001 3117 9370 Clifford & Jill Ohl 216 Kensington Roa~ Cutchogue, NY I193~ $5.32 CO 'r · Compiate items 1, 2, and 8. Also complele Ite~rm 4 if Re~tfic~ed Delivery is cleslr~I. · Print your namea~d addre~ ~1 the reverse so that we can return the card to you. · .~tech this card to the back of the meiipiece, or on the tromt if spaca permits. 0 0 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent [] Addressee ~y (Pdntsd Name) C. Da~ ~ [~elivery D. isdelive~yaddressdiffemntflomltern 17 [] yes tf YES, enter delivery address below: [] No 3. ~Mell [] Express Mall t-1 Registered [] Return Receipt for Merchandise [] Ir~umd Melt 19 C.O.D. 4. Restricted Delivery? (Ex~a Fee) r-I yes 2. 7006 0100 0001 3117 9394 PS Form 3811, February 2004 Dome~c Retum Receipt 102595-02-M-1540 · Complete items 1, 2, and 3, Also~omplete 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. /~ticieAddressedto: 7006 0100 0001 A. Signature B. Recelved by ( print~ Name) . lc. DateptDelive~ D. Is belivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3117 9387 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailplece, or on the front if space permits. PS Fo A. Signature nAg~t B. Received by (Pdnted Name) ! C. ~at~ ct ~llv~ay D, Is delivery address diff~mm from item'=~' ~k'~s m If YES, enter delivery address below: I [] No [] RegLstered [] Return Receipt for Merchandise [] Insured Mall' [] C.O.D. 4. Restricted DelivaT? (Extra F~e) [] Yes May-27-O9 O1:55P H G~ ard-Architect 631]~i}3088 P.03 CUTC~E P.D. CU1Q40~E, k~ York 1193512~ 354~g35-0007 05/27/2000 (~)2T~117 O1 :~:29 ~ ~l~ Receipt Pr~t ~le Unit Final ~ripti~ Dry Pri~ Pri~ LY~ ~ 11~3 $0.44 Z~-I First.lass L~te? 0.90 ~. ~u~ Rcpt (G?e~ ~.~ ~rd) Labs) ~: Issue PvI: $2.6O 700B1~0000170289~98 $5.54 Total: $5,54 Paid by: Cash $6.00 Change Oue: -S0.4B Clrd~r sti5 at .USPS.nrm/~h~ ^ .... use 0'/57 ~61~1~ c/~u~c / ~(/').5 ~ / ~ ~-~:~ ................................................. [:~.~...::.~: ~~::~. ] ~~~. ~'~" '72~ ......... / ZONING BOAR[:) OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants} CTM Parcel #1000-/.~.7 ' z_/ .----'-~-'-/x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, L',/;)~-/~."/,r~ /?~)~/~"~' residingat /~-t'3 /-:-/'¢e-/z~'~,-~t '~'~--' ~:/~:~'/~<~z~L. , N~ YO~ ~ing duly sworn, depose and say that: On the ~ 7~day ~ ~ ,2~ I ~sonally mailed at the United States Post Offi~ in ,~~ , New Yo~, by CERTIFIED MAIL, RETURN RECEIPT REQUESTE~, a ~e copy of the atta~ Legal Noti~ in prepaid envelops addm~ to ~rmnt ~ers sho~ on t~ ~rrent assessment mil vefifi~ Eom the offidal ~s one.th the ~ Asses~m, or ( ) County Real P~eHy ~ ~.v ~Z =~.~/~ . for every pmpe~y ~i~ ab~s and is a~oss a ~bl[~ ~ private street, or v~hi?lar right.f- way of re.rd, su~unding ~e appli~an~ro~y. // /. ._. ' r~A~ ~ist. ~'~ ~e ba~ of this A~da~t or on a sheet of pa~r, the tot numbem next to the o~e~ names and addresses for ~i~ noti~s were mailed. ~ank you, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NBW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS COUNTY or SUFFOLK) STATE OF NEW YORK) ~ New York, boilig duly swonl, depose and say that: On the ~ .day of ~ ,~, I Personally mailed at the united States Post Offic~ in ' ~fr~J-~J~t/~=o-]'' .~lew York, by cERTIFIED MAIL, RETURN RECEIPT REQUESTED, atm¢ copy of the attached Legal Notice in prepaid envelopes adding, ed to c .uj~..ent own~ shown on the entreat assessment roll vedfied~from the official records on file w~th tho ( v~Asseasors, or ( ) County Real Property Office/~~~or ~wery property which abuts and is across a public or privs~e s~eet, or vehicular right-of-way of record, surrounding the applicant's propemj. / Sworn t0~fore me tiff/' P~E lis~ oa~e b~k offs ~t or on a sh~t of ~r ~e lot nm~m omor ames ~d M~ for ~ich notices ~m mail~, ~ you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ['Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as J-°--°-°£---/--3--z--L ........... x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN 'MAY 2 7 2009 ~ , New York, being duly sWorn, depose and say that:' On the //'~ day of ,,OT~t.~ ,~L~_ I personally placed the Tovm's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or tight-of-Way (driveway entrance) - facing the street or facing each street or tight-of-way entrance;* and that [ hereby confirm that the Poster has remained in place for seven days prior to tk~t date of the subject heating date, wlfich heating date was shown to be/'~ r_~TM o7Oo9 S~vorrj t~efore m ~s~'~ (Signature) N ry Pu~flic,/ffate of New ~'ork *near the entrance or driveway entrance of my property, as the area most visibie to passersby. Town Annex/F'u'st Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, 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 # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Rc-r~ENCE:: [] UP. GENT F~OR YOUE UPDATE 1~ PLEASE COMMENT [] AS EEQUESTED [] NOTES/COMI~=~ ~ $: PleaSe find attached copy/copies of the following:. Thankyou. Sender's Initials: _ ,~...~ Office Location: Town Annex/First Floor, Capi[al 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 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: 10:05 A.M. STANLEY and CHRISTINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cutchogue; 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 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 footage 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 instead of the code required minimum of 20 feet. 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 (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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 MALON, S. & C. MAP # 137-4-33.1 #6271 VARIANCES HEIGHT, SETBACK, SIZE REQUEST ACCESSORY DATE: THURS, MAY 28, 2009,10:05 AM If you ar.e interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 SouthOId, 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 14tn 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 re.quest, 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 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 arran.qements were made in either a written statement, or durin.qthe hearin.q, pr0vidinq 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. 'lf 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 Postin,q 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. 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 th~ Town Law and Town Code Chapter 280 (Zonmg),Town of Southold. the followin~ public hearina wilt be held by the SOUTHOLDTOWN 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, RO. Box 1179, Southold, New York 11971- 0959. on THURSDAY. MAY 28. 2009: 9:40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOI~ # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2(109 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit). The Cer3ificate 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 i, 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 g6280. Location of Property: 2105 Calves Neck Road, Southold; CFM 1000-70-4-46.1. Requests for Variances under Sections 280 I5-F and 280 122, based on tl;e Building Inspector's revised February 23, 20~9 Notice of Disapproval concern- day of " 2009. ~,-, ~; ©~ NI~W yORK NOTARY L~,I C'~,A~¢- 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- (1) 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 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 ~2 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 in a rear yard or front yard on this water~ ont parcel. at 150 West Shore Drive~ Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICFIAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124~ based on the Building Inspector's December I5,2008.amended Notice of Disapproval concerning a proposed addition to the single4amily dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (I) a side yard setback at less than the code required I5 fl, minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road. Cutchogue; CTM 1000-i18-6-7 (adjacent to Peconic Bay). 11:25 A.M. JOHN and [C~THLEEN BERKERY # 6977. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond): CTM 37 4-2. Requests for Variauces under Sections 280-1 lfi and 280-124, based on the Build lng inspector's January ]5, 2009 Notice of Disapprnva[ concerning an applica- tion for a building permit to construct additions and alterations to the existing less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (b~th sides)': (3) the rear yard setback will be less than 35 feet fi'om 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 ~vill exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(l), based on the Building in- spector's March 4.2009 Notice of Disap- .proval concernin~ a .prqposed 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 #6767. (Pending attendance by owner/ applicant). Request. for a Special Ex- ception 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 Iodgm, g (two guest bedroovhs) 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 #1001M4-2-24. 1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspec- tor's January i4~ 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; The Board of Appeals will hear all prrsons, 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 questinns~ please do not hesitate to contact our office at (6?d) 765-1809, or by email: Linda. Kowalski@ Town.Southold.ny. us. Dated: May 7.20(19. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) s309s Ma!. Road (~i._gm~s) t~¥ 21 3]09 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 th.e Town Law and Town Code Chapter 280 (Zoning). Town of Southold. the followinn vublic hearine Mil 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. EO. Box 1179, Southold, New York 11971- 0959. on IHURSDAY. 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 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 bin]ding must have a valid Certificate day of '~~-'~" 2009. ~ V' 0~- N.~W YORK NOTARY Pt ~ IC-~ A = of Occupancy issued prior to January 1. CTM I000-118-6-7 (adjacent to Peeonic 1984, or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 11:25 A.M. 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 #6280. Location of Property: 2105 Calves Neck Road. Southold; CTM I000-70~4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on th~ Building Inspector's revised February ~3,200e9 Notice of Disapproval concern- lng proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not perm0- ted, for the following reasons: 11 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- at 150 West Shore Drive, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICllAEL and LINDA GAMBARDELLA #6272. 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: (11 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; front parcel; (5) the percentage o£ lot coverage on b) create an increase in the degree of this buildable lot area of 8.676.41 square the setback to the side property line at feet ~viil exceed the code limitation of less than the code required minimum of 20%. 15 feet on this 58,519 square foot lot; l:IOP. M. SUSAN TSAVARIS #6289. c) th~ 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' in a rear yard or front yard on this water- ont parcel. BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances Under Sections 280-116 and 280-124, based on the Bu dd- lng Inspector's January ]5, 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: (11 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)2 (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; Request for a Variance under Section 280-116A(11, based on the Building In- spector's March 4, 2009 Notice of Disap- proval concernin~g a .pro. posed 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 I000-30-2-53. 1:15 P.M. MADELINE DROEGE #6267. (Pending attendance by owner/ applicant). Reques[ 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 lodgigg (two guest bedroo~hs) with serv/ng 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; CT/vi Parcel #100Q-14-2-24. 1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspec tot'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 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, please do not hesitate to contact our office at (62d) 765-1809. or by email: Linda. Kowalski@ Town. Sou th old.ny, us. Dated: May 7.2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailingFtJSPS) P.O. Box 1179 Southold, NY 11971-0959 9297-1T 5/14 21 2000 C~kO ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin:e Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Date: / REFERENCE:: FACSIMILE TRANSMITTAL SHEET TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S ~LEPHONE NUMBER: 765-1809 ~ress 1 at voice record) F~OR YO [] URGENT UR UPDATE [] PLEASE COMMENT ~]AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following: Tha~kyou. Sender's Initials: _~ 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 ! 1971-0959 http://southoldtown.northfork.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 #6271 Owner/Applicant: MALON Action Requested: Setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman 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.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 12, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6271 (MALON) Dear Sir or Madam: We have received an application for a project adjacent to East Creek in Cutchogue, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) $outhold, 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 30, 2009 Chris Alvino Harold E. Gebhard, Architect 363 N. Wellwood Avenue Lindenhurst, NY 1A757 Re: ZBA #6271 - Stanley and Christine Malon, Variance application Dear Mr. Alvino: Transmitted for your records is a copy of the Board's June 25, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may :want to furnish an extra copy of the enclosed when furnishing additional information to the ;Building Department. If you have,any questions, please feel free to call at any time. Encl. ~ Copies of Decision to: Building Department Town Clerk (Original for filing) Very truly yours,