Loading...
HomeMy WebLinkAbout6174 APPEALS BOARD MEMBERS Gerard P. Goehringen Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ECI:JVED 'AUG 5 2008 DELIBERATIONS AND DETERMINATION" ~~~ FINDINGS, , S~f'~holcl Town Clerk MEETING OF JULY 17, 2008 ZBA # 6174 - THOMAS and KATHLEEN DESPAGNI, Applicants PROPERTY LOCATION: 805 Little Peconic Bay Road, Cutchogue (a/ka Lot 401 Nassau Point Club Properties Map of Section D filed 1926) CTM 111-11-23 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 dated _2008 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 27,070 square foot non-conforming lot with 78.09 feet along Little Peconic Bay Road and 200.0 feet along Haywaters Road. The property is improved with a dwelling with attached deck and framed accessory garage. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's April 24, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which new construction will be less than 40 feet from the front lot line adjacent to the street RELIEF REQUESTED: The applicant proposes to add 250 square foot one-story dining room addition and a 200 square foot extension with gazebo to their existing attached deck, at 22.7' from Haywaters Road instead of the code required 40 foot front yard setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2- July 17, 2008 ZBA #6174- T. and K. Despangi, Applicants CTM 111-11-23 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most of the homes along Haywaters Road are built very close to the road. The proposed one story dining room addition is small and in keeping with the style of the existing traditional house. The existing deck will be squared off which will have no significant effect on its overall scale or appearance. The proposed gazebo will sit on the deck and is only 10' x 10' in size. 2. Town Law ,q267-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 because the triangular shape of the applicants' corner lot property creates two front yards and offers few options for an addition without the need for a variance. Also, the existing layout of the house does not spatially allow the applicants to locate a proposed small dining room and deck addition in a conforming location. 3. Town Law q267-b(3)(b)(3). The variance granted herein is substantial. The existing house has a front yard setback of 30.7 feet from Haywaters Road. The one- story addition is proposed with a 22.7 feet from Haywaters Road which is a 43.25% variance. 4. Town Law ~267-b(3)(b)(5). The difficulty has not been self-created, but is the result of the triangular shape of the applicants' corner lot and the pre-existing non- conforming front yard setback of the existing house along Haywaters Road. 5. Town Law q267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a small one-stow addition to their dwelling and an enlarged deck/gazebo, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John C. Ehlers, Land Surveyor, dated September 10, 2007. 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 Page 3 - July 17, 2008 ZBA #6174 - T. and K. Despangi, Applicants CTM 111-11-23 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minlmls in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goe~n), Ohva, Dinizie, Simon, We m n. /~~~.~n ~~oo~ ~Approved for Filing ~ 5UFEVE'r' OF LOT 401 "NAP OF SECTION D, A PART OF SECTION E~, NASSAU POINT PROPERTIES INC." FILED iN THE OFFICE OF THE SUFFOLK COUNT'r' CLERK ON HAT q, Iq2S, AS FdAP NO. 806 51TUATi5 ,~;:~THOI_~ TO~ ~! ~ ~OLK ~N~, ~ 5URVETE~: AI.I®L~T 15, 200'/ PROP. ACTION E~I°T. I0, .E~I~POLK C, OgNT~ TAX # lO00 - Ill - II - 2~ LOT ,402 / / / N ASPHALT ~, 2 5TOR'r' FRAHE HOUSE DECK BOARD OF · I'~:~NI,,~qlENT FOUNC;' ARF_A = 2'1/~)-10 5.F. OE O.~215 Acres ~P. APHIO 5OALE I"= ~2' SEE DECISION # JOHN C. EHI.ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERFIEAD, N.Y. 11901 369-8288 Fax 369-8287 PJ~.\/Compaqse~e~{wos~Y'A07-185.prc ~i~OPO~E~ AI~ITION Pt~OF'O~EI~ HE~T ELEN/ATION .SC,,ALE: Y4" -- I'-0" PRELIMINARY DRA ING NOT FOR CONSTRUCTION $~l¥::1dd¥ .-I0 SOUTHOLD BUILDING DEPARTMENT CRITERIA 3CCUPANCY CLASSIFICA'RON R-3 RESIDEN31AL - SEC'I1ON 310 BUILDING CODE N.Y.S. JSE DWELLING UNIT- SECRDN 310 - 310.2 4EIGHT TOTAL 15'~" +I- --IRE AREA (st) 259 SQ FT HOUSE ADDISON II 200 SQ FT DECK ADmON tYPE OF CONSTRUCRON CONS3RUC~ION 3ESIGN CRITERIA PRESCRIP3]VE DESIGN - 1995 HIGH WIND EDISON WFCM =RAMING ELEMENTS 3ESIGN LOAD CALCULATIONS LOAD pA3H r~AILING SCHEDULE EGRESS PLUMBING RISER DIAGRAM FIRE PROTECTION BUSS DESIGN DRAWINGS ENERGY CALCULA~ONS EXI~TIN~ HOUSE EXI~'FIN~ OECK P~OPO,~=D APDIT 5~ FT DECK. ITION 200 .~ PROPOSED FLOOR PLAN. 5¢ALE: &" = I'-0" MAP REVI iNED BY ZBA ~C~S,ON # I /~ / ~P. AJDE -- :Pt~OPOS~DITION--- Pf~.OPOSEZ~ SOUTH E! EV'A,.T,,I_O,,N' PRELIMINARY DRAWING--,-° NOT FOR CONSTRUCTION No"~, · ~AZEBO AND IDEC...K I~.~ILIN¢ NOT o~Z~ n~ To: FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY NOTICE OF DISAPROVAL Thomas Despagni 805 Little Peconic Bay Rd. Cutchogue, NY 11935 ~ARD OF APPEALS Date: April 24, 2008 - Please take notice that your application dated April 21, 2008 For permit for additions to a single family dwelling at Location of property at 805 Little Peconic Bay Rd., Cutchogue, NY County Tax Map No. 1000- Section 111 Block 11 Lot 23 Is returned herewith and disapproved on the following grounds: The construction on this non-conforming 27,070 sq. ft. lot is not permitted pursuant to Article III Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings on lots which are recognized by the town under 280-9 are nonconforming & have not merged pursuant to 280-10." The required front yard setback is 40'. The survey indicates the proposed additions to be setback 22.7' from Haywaters Rd. ~xumorized Signature Fee: $ ~), Filed By: ~L'L~C~/ Date Assigned/Assignment No. SCTM 1000 Section l ( I BIo~k.{ I Lot(s) Lot Size · G~I..~ Zone I (WE) APPEAL TIlE WRITTEN DETERMINATION OF THE BUILD .I~G INSPECTOR DATED ~['~-~!0~ BASED ON MAP DATED, ~ajLt~ IS, ~,OO7 Applicant(s)/Owner(s): ~]'~-xc~c'~ot~ c~at. ~-~(~'x~'~V'X ~'~e~,~.~lF3) ~ Telephone: b~ { :7 3 ~a~ Fax g: Ema~: ~ E ~ eg ~ ~ a0 l, ~ ~ NOTE: In addition ~ the abov~ plea~ ~mplete below if appli~tion is signed by aopmi~nt's attorney, agen(, architect, builder, contrac( vendeq etc. and name of per~n who agent repr~ents: Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or El Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~t.4 ~l~ 2-OO"]and DENIED AN APPLICATIO~N DATED q I ~q[ 09 FOR: I~/Building Per~it ' [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As. Butt Construction ElOther: Provisi0~t of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Artidle '{] I S~ction 280- _/~ I.R~' Subsection Type of~A~peal.. 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. El Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeat El has, ~/has not been made .at~a.y time~vitirreSpect to~thlspr~ER Appeal No. _ Year . (Please be sure to research before completing this question or call our office for assistance) Name of owners:l ' t~d I~--~ Irl~- Appeal No. REASONS FOR APPEAL (additional sheets maF be used with applicant'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: ~]0~ ~-; (2) The benefii~ou~t ~y the applicant C~OT 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 wrJnnce will NOT have an ~dverse effect or impnct on the physienl or environmental conditions Jn the neighborhood or district because: ~C ~ ~ c / (5) Has the alleged d~ficul~ been self-created? ( )Y~, or (~o. Does this variance involve as-built construction or activin? ( ) Yes, or ( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEIjy. G--R~xUESTED, /~ND flt~EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Pleas It yo att .) Signatu~ce of Ap~e~(nt Sworn to before me this ~ J ~ Che~ Simons Notary Public, State Of New Yom No. 31.4970341 Qualified In Suffolk CountY Commission Expires February 4, 20 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 JUL ,~ THOMAS ISLES, Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore 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 TOWN OF SOUTH~OLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (62tl) 765-180:2 FAX: (6211) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved 20__ PERMIT NO. BUILDIN(~i~VlIT APPLICATION CHECKLIST Do yot~ve or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Smivey_ Ch{ck. Septic Form N.'P.. S.D.E.C. TruSt, ecs Storm- .W.~r Assessment Form Contact: Mail to: Phone: 5-7' cox-/ g F Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,200? a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in Whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the · property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. 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. (~l~ature f llcant or~ ~ n~on) (Mailing address of applica~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name ofownerofpremises 9'310/m~ a/ ,q'/I-F~.L/"~XJ "~&~f'~tOz'xdr'~ I (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. Location of land on which proposed work will be done: House Number Street Hamlet CoUnty Tax Map No. '1000 Section Subdivision (Name) Block ! ) Filed Map No. Lot Lot TAX MAP DESIGNATION D,st. 1000 S~. 111.00 B~I,. 11.00 Lot(sD23. 000 %- ,1'4 ~ONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. LNDF.,N'I1J~ made the 15th day o[ August , nineteen hundred a~d eighty-four, ALEXANDER ADAMS and MARGARET B. ADAMS, his wife, 805 Little Peconic Bay Road, Nassau Point, Cutchogue, New York 11935, pa~y0f~efirst part, Md THOMAS J. DESPAGNI amd KATHLEEN E. DESPAGNI, his wife, 310 West 79th Street, New York, New York 10024, ~rty of ~e ~coM ~R, WITNF..~qgT'rl, that ~e party of tM fi~t pa~ in consideration of Ten Dollars and ~her valu~le consi~ration paid bF'fhe ~Ry of the se~nd part, does hereby grant and release unto the pa~y of the se~nd ~rt, the h~rs or suce~sors Md assi~s of the party of the s~ond part forever, ALL t~t certain plot, piece or parcel of l~d, ~th ~e buildings ~d improvemen~ ~ere~ erectS, sit, re, l~dbeingin~h~ Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 401 on a certain map entitled, ~.Map of Section D, a part of Section B, Nassau Point Club Properties in~." and filed in the Office of the Clerk of the County of Suffolk on May 7, 1926 as Map No. 806, bounded and described as follows: BEGINNING at a point on the northerly side of Little Peconic Bay Road where the same is intersected by the westerly side of Lot 400 on said map; running thence along the northerly and northeasterly sides of Little Peoonic Bay Road and along the northeasterly and easterly sides of Haywaters Road the following three courses and distances: 1. Westerly and northwesterly along an arc of an irregular curve bearing to the right, the chord of which bears North 64 degrees 03 minutes 40 seconds West 78.09 feet a distance along said curve of 84 feet, more or less; 2. Northwesterly along an.arc of an irregular curve bearing to the right, the chord of which bears North 26 degrees 40 minutes west 12.03 feet a distance along said curve of 12 feet, more or less; 3. North 4 degrees 18 minutes 30 seconds East 200 feet to the southerly side of 10t 402 on said map; running thence along the southerly.side of said lot 402 North 81 44 minutes 00 seconds East 150 feet to the westerly side of lot 400 said map; running thence along the westerly side of said lot 400 south 18 degrees 17 minutes 10 seconds West 280.07 feet to the northerly side of Little Peconic Bay Road at the point or place of BEGINNING. SAID premises being k'nown as and by the street address of 805 Little Peconic Bay Road, Cutchogue, New York. BEING the same premises conveyed to the parties of the first part eed.dat~ 9/~ and ~9~ordgd gm 9/8/67 ~n Suffolk County Clerk's &n Li~e~ ~, gp ~ ma~e Dy H.W,.P~i~e and Grace Palge. . E~ wi~ ~ right, ntle and~ntercst, if any, of the party ot the nrst part in and to any streets aha roads abutting the a~ve described premises to the center lines ther~f; TOGETHER w~h the appu~enances and all the estate and rights of the party of the first pa~ in and to ~id premises; TO HAVE AND TO HOLD the premises herein granted unto the party of ~e second ~rt, the ~irs or successors and ~signs of the pa~y ~ the s~ond part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything 'whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND ~he~party:~o~t-he'.fitstMe~vt~:.ih C6~.pliance with Section 13 of the Lien L~w, covenants that:the party ot~ the fir,St.l~.~l~ce[.ve~b.%e go~sid'eration for this conveyance and will hold the right to receive such consid- eratiot~&~t~l~u~ ~,e,~q~lj.ed~first for the purpose of paying the cost of the improvement and will apply the 'sa _m~[~/~t~ .~. ~e. nt, of the cost of the improvement before using any part of the total of the sarae for any ofh~r purpose. ' . ' The word "party', shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNE..-~ WI..IgREOF, the party of the first part has duly executed this deed the day and year first above written. / ALEXANDF~ ADAMS u UUL:I, PA [ Z,bl STATE OE NLqN YORK, COUNTY OF NASSAU On the 15they of August 1984 , before me tmrson~l¥ ~ne ALEXANDER ADAMS and MARGARET B. ADAMS to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~OTARY PUBLIC S'~E BROOK NeIIY Plddl~ IIII el Niw yM No. l~..4~ml 81~ CommlIIiO. ~ Mm-re"-, STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came fo me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foKegoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tlon, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY Ole ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknOwledged that executed the same. $ ....... .~.... REAL ESTATE SEPO 4 ~ TRANSFER TAX SUFFOLK COUNTY STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~ia~gain anb ~ale ~ee~ Wrl'H COVENANT AGAINST GRANTOR'S ACIS TO THO~S J. D~SPA~I and ~THLEEN E. DESPAGNI District 1000 S~CT~ON 111. O0 BLOCK 11.00 ,oT 023. 000 COUNTY OR TOWN Suffolk TAX BILLING ADDRESS Recorded At Request of The Title Guarantee Company RIgTTJR~ BY MAIL TO: I TITLG GUARANTEE- NGWYORK ATICOR TITLE INSURANCE COMPANY Daniel Greenberg, Esq. Ingerman, Smith, Greenberg & Gro~ 67 Carleton Avenue P. O.~ Box 237 Central Islip, NY 1172~No' R F..C 0 P, L] E- D APPLICANT'S PRO~ECT DESCRIPTION (For ZBA Reference) Applicant:"~th OCOO~ o.~a~lJOx~e~ '~e~cl 9 d, Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: I 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: bi O III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: o~O ~cI. -~'1', c~ct¢~ ;%'o~ -}-o Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and itt coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: p~ Square footage of your,lot: ~"/, Oq© 5;c~. -~4-. - Percentage of coverage of your lot by building i~'ea: V. PurposeofNewConstructlonRequested: C oc, 5~r'r v. cJo' on or'[- ~,.¢~ ct,-rx,~oj ~f ooorx --'¥0 44~,~ C.~c~*,- o~ Ch-e_ VI. Please describe the'land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): -'-g'lo_¥ O,~c~ [ or,~_A~c~ec~ - ~ h~ ~ c~ 0 ' ' ' - ~ · I ' o " Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 infom~ation 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 ~xplanations 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 adveme 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 webslte' (southoldtown.northfork.net), the Board of Trastees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The AppLication has been submitted to (check appropriate response): TownBoard [] PlanningBoard~] Building Dept. [~ BoardofTrustees 1. Category of T0wn 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~ermtt, approval, license, certi~io-ffi ................................ Nature and extent of action: ~l~ . Location of action: Site acreage:_. ,6~15 Present land use:. ~3~;~,,~tj~ 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) Name (b) Mailing address: (c) Telephone number: AreaCode )_061- q-~-~iD¢(o (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[-'~ I.fyes, which state or federalagency? 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. RYes [--] No ~NotApplicable Attach additional sheets if necessary .... Policy 2.l~rotec~t-~-d~-r~s~V6~a-i~sl~i~--h~/l arclf~eo~0T~g~I resources o~Th-~- o~n of Southold. See LW~ _Section III- Policie~es 3 throygh6 for evaluation criteria Attach additional sheets if necessa~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Sonth01d. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~-] No [-~'Not Applicable At~ach 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 [~[ Not Applicable Ailach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -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 - Policies3_ Pages 22 .! Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~-] 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. [] Xes [] 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No[~NotnPplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. 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 [-~ lNo [--~Not Applicable Attach additional sheets 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 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 [-~ 1No ~ Not Applicable Created on 5/25/05 11:20 AM 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAI~ ASSESSMENT FORM For US/ZISTED /ICTION$ Only PART I - Project ]~J~ormatioa (To be complete by App[icaat or Project sponsor) 1. Applicant/Sponsor 2. Project Name 3. Project location: Municipality Counb/ 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5, Is proposed action: ( ) NEW (v~ EXPANSION ( ) MODIFICATION/ALTERATION 6. Descdbe project bdefly: 7. Amount et land affected: jlnitlally: ~) ~ f~. . acres; Ultimalely: acres 8. Wtil proposed action comply with e)dsting or olher existing land use reslHctions:( ) YES ( ) HO if No. descrfbe briefly: 9. What is present land use in vicinity of project: (describe): (~/) Residential , ( )Industrial ( ) Commercial ( ) Agdcullural ( ) ParidForesl/Open Space ( ) Other 10. Does a~on Involve a permit approval or funding, now or ultimately from any other Governmental age~cy,{Federal, State or Local) ? ( ',/)~YES ( ) NO If Yes, list agency(s} and penmlt/approvals: ~¢~n~r~ ~o~c~t~%-o~°~ ~e~-IC- ~ 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (,.,~1~O If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permti/approval require modification? I( } YES ( ) NO If Yes, list agency(s) and permit/approvals: I certify that the Information provided above is true to the best of my kn, owledge IApplicant/SponsorName'. c~r~, ~ Date'--~O~)oO' Signature: If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessm ant Form before proceeding with this assessment QUESTIONNAIRE FOR ]FILING WITH YOUR Z,B.A. APPLICATION A. Is the subjec/t premises listed on the real estate market for sale? 13 Yes ~No B. Are there any proposals to change or alter land contours? C. 1) Are there any areas that contain wetland grasses? M 0 2) Are the wetland areas shown on the map submitted with th s application? b~ t) 3) Is the pr?perty bulkheaded between the wetlands area and the upland building area? 4) If your property contains wet ands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? inquiry 9r application with the Trustees: Please confunn status of your D. Is there a depression or sloping elevation near the area of proposed construdtion at or below five feet above mean sea level? M0 Bi Are there any.patios, concrete bamers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? IQO~ ~.. (Please show area of these stractures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. ]Do ~you have any construction taking place at this time concerning your premises? Pql0 If yes~ please submit a copy of your building permit and map as approved by the Bu~ing-- ]Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~_~0 If yes, please label the proximity of your lands on your map with this application. ~ H. PI e.a, se list present use or operations conducted at this parcel ~ [~. ~ m; k.,1 '~5., ~¢nc,~ and proposed use ~ ~ ~ ~ ~; f~ ~ ~e~ d ~ t~ (example: e~ting: ~.gle-r~l~ proposed: *ame~ith garag:~'~ ~'~3 e~ et'~"~ 2/05 The Town of Southold~ (~ode ' of Ethics rohibits co ' ' ' ~~ 2d .e,m. ploy~.s. The. purpose of th,s fo~ ,s to pro;~ei~ntSfo°r~an~:;~t;~ite~ecP~arta~efrtT~hTT°o~eor~ p~ossloie connects of interest and allow it to take whatever action is necessary to avoid same. , e mitial, unless ou are --'-~-- · ;~l~er enti such ,,o,..~ Tr~ ~. Y applying m the name of Someone else [[r ty as a comF,,~v xx~u ..... ,~ -t -- or , mu~uate the other person or company name NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance · If"Other" name the activity: - 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 ~ncl~_g_u.des bdt blood marria, g~ or b~usines~s interest~ "~_Busines~s interest"_ means a business includin a - a~IZ~--~l~ip, in which the To~n officer or emplo_y~_ has even a artial ownershi of o; em__~p_~yment byJ~prporation~-n ~vhich the Town officer or em 1o ee owns more~ YES~ NO If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) 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 corporati6n); _ __ B) the legal or beneficial owner of an~ 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 thi§ 13 day,qf~tyO~ rrint Uame:.~l~.~.~ ~x ~ APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http:Hsoutholdtown.northfork-net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 763-1809 · Fax (631) 763-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 4, 2008 Mr. and Mrs. Thomas Despagni 805 Little Peconic Bay Road Cutchogue, NY 11935 Re: ZBA File No. 6174 - Variance Gentlemen: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 17, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents they may require in the next step of the code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski ELIZABETH A. NEVILLE 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 May 19, 2008 Zoning Appeal No 6174 Transmitted herewith is Zoning Appeals No. 6174 Thomas & Kathleen Despagni- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Short Environmental Assessment form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Notice of Disapproval, 5 Photos of Property, 2 pages of Property Record, Copy of Deed Between Alexander & Margaret B. Adams to Thomas J. & Kathleen E. Despagni, Copy of Application for Building Permit with Disapproval, Copy of Survey Showing House with Proposed Changes Prepared by John C. Ehlers, Land Surveyor, 2 Pages of Preliminary Drawings Prepared by Marjam Company Showing Elevations and Floor Plans ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/15/08 ZBA # NAME CHECK # AMOUNT TC 6174 Despagni, Thomasand MAY ] 6 2008 Kathleen 1590 $400.00 Scuthold Town TOTAL $400.00 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/16/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 18796 Reference Subtotal 6174 $400.00 Check#: 1590 Total Paid: $400,00 Name: Despagni, Thomas 805 Little Peconic Bay Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6174 APPEALS BOARD MEMBERS~ Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the 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, JUNE 26~ 2008: 10:30 A.M. THOMAS and KATHLEEN DESPAGNI #6174. Request for a Variance under Section 280-124, based on the Building Inspector's April 24, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which new construction will be less than 40 feet from the front lot line adjacent to the street, at 805 Little Peconic Bay Road, Cutchogue (a/ka Lot 401 Nassau Point Club Properties Map of Section D filed 1926); CTM 111- 11-23. 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 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFO'LK) ~ Karen Kine of Ma~, in said county, being duly sworn, says 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 5th day of June, 2008. Principal Clerk Sworn to before me this ~ day of ~ ~{~__ 2008 Rout~ 25, Mattituck; crM 108;3-5.5 Hole DrNe, Maifituck; CIM [ 15 17-8 ~H ~15~O [lfl~N$ LEGAL N~!rICE (A and C), and 280-78B-I, based on the TOWN OF SOUTHOLD PROPERTY RECORD CARD ' OWNER - "" ........ ""-"'"""" / / - · STRE~ I¢O_5' V, LU',GE' D~ST. SUB. ,-- LOT ?al '.. ',~-~¢~;oe~l.~ I ~,~&~. ,I~C RME N E ACR. .j ~..;/,/,:.~~,~/~ "~' ,. S W TYPE OF BUILDING ~ :. s~. VL ~^~ coa~. CB. ~SC. ~kt. Vogue CO~J~ ~ :" ~-~,"*i~i~D. · ~M~. rOTA, DATE REMARKS ,~ ,, . ,-. . . ~,,~'o~ '' ' " ,- 77~ ~ AGE BUILDING CONDITION N~ NOeL BELOW ABOVE 7' FA~ Acre Value Per Value Acre .a~:.;_ .:.. Tillable 1 ~ W~land Swampland FRONTAGE ON WATER Br~land FRONTAGE ON ROAD ~ ~ ~ House Plot DEPTH ~ ~0-/ ~ / ¢ 6 -.. ~ BULKH~D 8 To~l'r'~>~ ~ '~ D~K ~OLOR i Extension · Extension · . Breezewa~ Garage . Total ;~7, 1o=~0 Foundation B~ement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor i//~ COUNTY OF SUFFOLK (~ Redl Properly lOX Service Agenc~ ZONING BOARD OF APPEAL8 TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF MA~LFNGS t4d( COUNTY OF SUFFOLK) STATE OF NEW YORK) C U TC HO6-U I.~. -~ ,NewYork,beingdulyswom, deposeandsaythat: On the. /4 day of ,flu {o ~-- ,. , I personally mailed at the United States Post Office in~ G ca~- , New York, by CERTIPIED MA/L, 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 official records on file with the ( ) Assessors, or ( ) CountyReal Property Office _, for every property wbich abuts and is across a public or priv?e street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this UN day of ~bx~ ,200c[ (Notary Public) ia/ture) 8ONNIE W MAZZAFERRO Notary Puhh~ S~ate of New York No 0~ MA46676I'~ Quatihed m S~flolk Coun~ ._ Commission E. xp.es August 31, 20..~.. PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Lof i 16 ZONING BOARD OF APPEAL8 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 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN PNSTD,rC (~ 07F~06-v~-- , New York, being duly sworn, depose and say that: On the ~-~ day of 4~c~-? ,_c%~j~, I personally placed the Town'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 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 remained in place for seven days prior to tk;at date of the subject hearing date, wl~icb hearing date was shown to be ,.~ov~ ~4. Sworn to before me this day ofqx:,~,~ ,200'~ (No~'ary Pubh'~ ~mv/P~ul~0ii,~S~t~a ~ ~lifi~ in ~ff~k ~ ~ ~ ~ires ~SI 3 I,~O~ *ne~ the en~ce or ~veway en~ce of my prope~, ~ ~e ~ea most visible to passersby. m Postage Oortified Fe~ (Endomement Required (Endorsement Require~ Total Postage & Fee Postage ~d Fee Total Postage & Fees Postage S $0.42 0~31 Cerlified Fee Ret,rn Receipt Fee~ (Endorsement Required) ~2.~ Here m (Endorsement .=B $2,?0 $2.20 $ ' · Complete Items 1,2, and 3. Also complete- Item 4 if Restricted Deliver/is desired. · Print your name and address on the reverse so thet we can return the card to you. · Af~ch this card to the back of the mailplese, o~ on the front if space permIts. A. Signature ~"~ . [] Agent B. Re~ved by((~r/nt~a~ne) lC. D~te of De~e~13? D. Is delivery address different from item 17 [] Yes it YES, ente~ dalivery address below: [] No 3. Servme Type [] Certified Malt' [] Express Mall [] Registered [] Return Receipt for Memhaed·e [] I[~umd Mall [] C.O.D. 4. Restflcted DeUve~y? (Ex~a Fee) I"1 ye~ 7006 2150 0004 2220~493 · Complete items 1,2, and 3. Also complete Item 4 ff Restricted Deliver/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 mailplane, or on the front if space permits. Article Addressed to: Signature ~ [] Addressee D. Is delivery address ~ from item I -I yes ff YES, enter dalive~/address below: ~;~No 3. Service Type [] ~ Ma~ [] Express Ma~ I [] Registered [] Return Receipt for Memhandlse ~ [] Insured Mail [] C.O.D. 4. Restricted Delh/e~ (Extra Fee) [] Yes '2. Ara¢leN~rnber 7006 2150 0004 2220 3431 PS Form 3891, February 2004 ~ Re~ Receipt · Complete items 1, 2, end 3. Also cernpi~e item 4 ff Resbicted Deliver/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 permEs, 1. Article Addressed to: 3. Service Type [] Certified Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mall [] C.O.D. 4. Rest~cted D~[vmy? (Ema Fee) [] yes 7006 2150 0004 2220 3523 2. Article Number PS Form 3811, Febmar/2004 Domeetl~ ~ ~ 102595-02~1-15,~ · Complete Items 1, 2, and 3. Also ~3em~e Itpm 4 If Restricted Dellve~ 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 mallpi~ce, or on the fi'ant if space permits. 1. A~ticle Addressed to: by n ~) C. 13f livery D,'~l~s delbay address different from Item 1 ~' []~yes If YES, enter delivery address below: '~No / 3. Service Type [] Ce~fled Mai [] Express Mall [] Registered [] Return Recalpt for Memhandlse 1'3 Insured Mail [] C.O.D. 4. Rest~ctad D~k, ay? ~_x~a Fee) []y~ 2. A~lic, le Number PS Form 3811, February 2004 7006 2150 0004 2220 3486 · Complete items 1, 2, and 3. Also complete Item 4 if Rest~cted 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 mallplece, or on the front if space permits. 1. Article Addressed to: B. Recaivsd ~ Date of Del D. Is delivery address different from Itsm 1 ? [] yes If YES, e~ter delivery address below: [] No 3. Se~ice Type [] Cerffiled Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Dalivel3r7 (Ex~a Fee) [] Yes 2. A~tlcte Number (rransfer from s~v/ce lad~/) · PS Form 3811, Februanj 2004 7006 2150 0004 2220 3516 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: DESPAGNI, T. #6174 MAP #: 111-11-23 APPEAL: Setback Variance REQUEST: Addition DATE: THURSDAY, JUNE 26, 10:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hail 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: htlp://southtown.northfork, net May 27,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement1 or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than June 9th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you :by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16th: 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, nc) more than 10 fret from th~ frrmt nrnn~rh/ lin~ bordering fh~ more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq prior to June 26, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 19, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: Appl. No. 6174 Action Requested: Within 500 feet of: Despagni Front Yard Setback Variance ( ) State of County Road ( x ) Waterway (Bay, Sound, 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, Gerard P. Goehringer, Chairman By: Enclosures