HomeMy WebLinkAbout6206
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.nct
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ECEIVED
FINDINGS, DELIBERATIONS and DECISION
MEETING DATE: JANUARY 22, 2009 SOUthOld Town Clerk
ZBA # 6206 - JENNIFER JACOBS and CLAYTON GATES, Applicants
PROPERTY LOCATION: 645 Jackson Street, New Suffolk CTM 1000-117-9-5.2
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 has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the
Suffolk County Department of Planning reply states that the application is considered a
matter for local determination as there appears to be no significant county-wide or inter-
community impact.
PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 12,760
square foot parcel in the R-40 District and is improved with a single family dwelling. The
lot measures 100 feet wide along Jackson Street, 100.41 feet along the rear property
boundary, 129.90 feet deep on the easterly boundary, and 126.37 feet on the westerly
boundary, as shown on the survey prepared March 7, 2008 by Stanley J. Isaksen, Jr.,
licensed surveyor.
BASIS OF APPLICATION: Request for Variances concerning this 12,760 square foot
parcel under Section 280-124, based on the Building Inspector's July 24, 2008 Notice of
Disapproval concerning a proposed second-story addition and alterations to the existing
dwelling, with a setback of less than the code-required 10 ft. minimum single side setback
and less than 35 ft. minimum rear yard setback.
Findings of Fact
The Zoning Board of Appeals held a public hearing on this application on January 8,
2009, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
Page 2 - January 22, 2009
ZBA # 6206 - C. Gates and J. Jacobs
CTM Parcel 117'9'5.2
AREA VARIANCE RELIEF REQUESTED: The relief requested is for new construction
areas with a 9'7" setback on the westerly side yard at its closest point, and rear yard
setback at 14'11" from the rear yard at its closest measurement. The new construction
concerns the applicant's proposal to demohsh the roof over their existing one-story ranch
house, to add a 22' x 28' second-stow master bedroom suite addition over part of the
existing first floor, and to build a new roof with cathedral ceiling over the altered first
floor. They also propose to add a new screened porch entry.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law ~26~b(3)(b)(3)(1). Grant of the variances will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties. There
are numerous large homes that have been built or enlarged along Jackson Street, most of
which are two stories. The applicants' considered adding a single'stow addition in their
front yard but rejected it because a partial second floor addition will be more cost effective
and also improve~ the appearance and scale of their existing home to make it more
compatible with the surrounding homes.
2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicants cannot be achieved by
some method, feasible for the applicants to pursue, other than an area variance because
the existing house is sited far back from the road, thereby creating a nonconforming rear
yard setback of 17.7 feet where the code requires a minimum of 35 feet and also has a pre'
existing non'conforming side yard setback of 9.6 feet, where the code requires a minimum
of 10 feet. Therefore, any addition will increase the degree of nonconformity and therefore
require a variance.
3. Town Law §267-b(3)(b)(3). The variances granted herein with regard to the proposed
side yard are not substantial because the proposed additions and alterations will
maintain the existing non-conforming side yard setback of 9.6 feet, which is only six (6)
inches less than the code required 10 foot minimum. The proposed additions and
alterations will also maintain the existing non-conforming rear yard setback of 17.7 feet,
which is a substantial variance from the code required 35 feet.
4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but it the result of
the placement of the original house on the lot at 77.4 feet from the road, thereby creating
a non-conforming,~very small rear yard.
5. Town Law ~26~'b(3)(b)(4). No evidence has been submitted to suggest that a variance
in this residential community will have an adverse impact on the physical or
environmental conditions in the neighborhood. The subject property is relatively fiat with
no drainage issues.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and
adequate to enal~le the applicants to enjoy the benefit of an enlarged house, while
Page 3 -January 22, 2009
ZBA # 6206 - C. Gates and J. Jacobs
CTM Parcel 117-9-5.2
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 Members Simon and Goehringer, and duly carried, to
GRANT the variances as applied for, as shown on the Site Plan prepared 7/18/08
by Samuels & Steelman, Architects.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any
current or future use, setback or other feature of the subject property that may violate the Zoning
Code, other than such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that doeg'hot increase the degree of nonconformity.
Vote of the Boar~i Ayes: Members Goehringer (Chairman), Dinizio, Oliva, Simon, and
Weisman. This Resolution w~s~,dulv adopted (5-0).
RUTH D. OLIVA, VICE CHAIRWOMAI~ ~'72009
Approved for Fihng
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
AU6 5 2008
ZONING ROARD OF APPEALS
DATE: July 24, 2008
TO: Samuels & Steelman, Architects for
Jennifer Jacobs & Clayton Gates
25235 Main Rd.
Cutchogue, NY 11935
Please take notice that your application dated July 16, 2008
For a permit for alterations and a second story addition to an existing dwelling at
Location of property: 645 Jackson St., New Suffolk
County Tax Map No. 1000 - Section 117 Block 9 Lot 5.2
Is returned herewith and disapproved on the following grounds:
The proposed alterations and addition ora second story to a single family dwelling on a
non-conforming 12,760 +/- sq. ft. parcel, is not permitted pursuant to Article XXIII
Section 280-124:
Lots measuring less than 20,000, shall have a minimum side yard set back of 10 feet and
a minimum rear yard setback of 35 feet.
The survey indicates a side yard setback of 9.6 +/- feet and a rear yard setback of 17.7 +/-
feet.
Authorized Signature
'- N MAP SITE DATA
SCTM ~ 1000-117-09~.2
//
ADDRESS NEW SUFFOLK, NY 11956
ow.~.: ~..,~=.~co~s.c~o.~.~
EXISTING SITE COVE~GE: 1577 sf = t2.4%
PROPOSED SITE COVE~GE: ~860 sf = 14.~%
SOUTH ELEVATION ~o~ ~,~= cow~: ~o~
Z~Z
· m mmm mm~ mm ~balo~ ~~ ~" HIgH ,
..........,., . ~ ,
ACCE55 TO ~EMAIN ~ ~ ~
~, EXISTING ONE 5TO~Y ~ ; ~ z.
PROJECT NO:
A~A 0 0 o8o~
[ TED~ I~/~ SCALE:
LIVIN~ ~O~ 1" = 20'~"
~ SHEET TITLE:
N[~ ~N~ I IJ ~ SURVEYOR: STANLEY J. ISAKSEN, JR.
PO BOX 294 SHEET NO.:
P~CH SCALE: 1'" = 20"-0" NEW SUFFOLK, NY 11956
LICENSE ~ 49273
DATED 317/08
FIRST FLOOR PLAN ~,~
N 7 l'04'O0"W
2,63'
0 WELL
N/F HRAZONEK
S 75'40'20"E
WOOD FRAME
RESIDENCE
0
(NOT ACTIVE)
dACKSoN
I
I
I iI
~1t t~
oI
I I1~
!
! /
~)U UTILITY POLES
STREET
700.41'
O WELL
GUARANTEED TO:
JENNIFER JACOBS
CLAYTON GATES
NEW
SURVEY OF
DESCRIBED PROPERTY
SUFFOLK, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
SURVEYED: 07 MARCH 2008
SCALE 1"= 20'
SURVEYED FOR: JENNIFER JACOBS
CLAYTON GATES
AREA = 72,760 S.F.
OR
0.29.3 ACRES
SURVEYED BY
STANLEY d. ISAKSEN, JR.
P.O. BOX 294
NEW SUFFOLK. N.Y. 11956
c~YS U~ ~o/ 492~3 08R16c5
~o, o~'= u., o.,, RECEIVED
Fee: $__ Filed By: DateAsslgned/Asslgnment No.
om~, AUG 5 2008
Notes:
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Locatiou: House No. ~ff Street tTf/~"~/~/r ~. Hamlet~
SCTM 1000 Section //7 ~lock Of ,.o,(s) 5g Lo, S~eO.2~ A. zo.~ois,.i~t £- 40
I (WE) APPEAL TH~,W ,RI'JI~"E....N DETERMINATION OF THE BUILDING INSPECTOR
DATED: ~/.~4L/~) ~
Address:
Telep. o.e: '~/~' ~,2/57v ~=:
Authorized Representative:
Pl~e sp~fy who you wish c~pon~ to be m~ed to, kom ~e above listed n~es:
B Appli~ffO~(s) ~Autho~d Repr~tafive D
~uild~g Pemit
~ Ce~ificate of Oeenp~
~ Ch~ge of
~ Pemit for A~-Bnflt
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code. .
Article .~(,,.X II I S.ctio. 100- ~ ~¢0 Subsection /J~
Type of A))peal. An Appeal is made for:
t3'A Variance to the Zoning Code or Zoning Map.
Iq A Variance due to lack of access required by New York Town Law-Section 280-A.
~ Interpretation of the Town Code, Article Section
[] Rever~l or Other
No. Yeal.~ .
JACOBS/GATES APPEAL
An undesirable change will NOT be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties if granted, because the project
calls for a second story addition to an existing one story house, on a block where
all houses are two stories. This project will, in fact, create a desirable change.
(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 existing
residence has a non-conforming side and rear yard, hence a simple second floor
addition will also be non-conforming. A first floor addition was explored, but is
impractical as it places the required Master Bedroom Suite in front of (on the street
side of) the existing front door, Living Room and principal spaces.
(3)
The amount of relief requested is not substantial because the entire interior space
portion of the new construction is within the footprint of the existing building. The
only area outside the footprint is a new Screened Porch which is compliant with
zoning setbacks.
(4)
The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because it will allow a more
typical two story cottage-style house on a street of traditional houses. This is
currently the only 'ranch' style house. The environmental conditions in the
neighborhood will be unaffected.
REASONS FOR APPEAL (additional sheets may be used with anolicant's
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER
detriment to nearby properties if granted, because:
RECEIVED
5 2008
(2) Thc benefit sought by thc applicant CAI~NOT 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 serf-created? ( )Yes, or (~o.
This b the M]31IMUM that is neeessary and adequate, and at the same time preserve and protect the
character of thc neighborhood and the health, safety, and welfare of the community.
Ch~k th~ box ( ) i~ A USE VARIANCE IS B~ING REQU~h~I~D, AND PI.~E COMPLETE THE A~rACH~D USE VARIANCE
Signat~of Appellant or Authorized Agent
(Agent ndiat lubma wrat~n AuthorlzaOon from ~)wner)
Sworn to before me thls_~
day of ..~..~, 20 ~ ~g' .
PATRICIA RIC.U, AF
No~,ary Public, State of New
No. 01 RI6042467
Qualified in Suffolk County
Commission Expires May 30, ~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~/Off]~t_~ ~/0°~ff]{Jh~ trot~ bt~CQ~ Date Prepared:
I. For Demolition of Existing Building Areas
Please describe areas being removed: ~'-/,/t~/?.~/t? ~ ~/'0/7
RECEIVED
ZONING BOARD OF APPEALS
II New Construction Areas (New Dwelling or New Additions/Extensions)' --
Dimensions of first floor extension: /a0qCp/ t/6514/A79,~'F~/M tc~/ ~4oO-
Dimensions of new second floor: ~ o~ / ? ~q ~ ~ /9~1/_f~
Dimensions of floor above second level:
Height (from finished ground to top of ridge): .~p--/._,~//.~
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 Alterations or Interior Structural Changes without enlargement/extension
(ai/ach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors ~d Ch~ges ~TH Alterations: YII)D ~/g~
IV. Calculations of building areas and lot coverage (from survey, or)2
Existing square footage of buildings on your property: /ff?7 0~tr -~ /~7, ~l-~o
Proposed increase of building coverage: d'39~ ~'/:
Squarefootageofyourlot: /~ 7~r9_ _ dA- ~ O,~:~7?,ZJ
Percentage of coverage of your lot by building area;; /~//~ ' /~/~ ~
V. Purpose of New Construction Requested:
o o I
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty ia meeting the code requirement(s):
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking comers for new construction), or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2006
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
BOARD OF APPEALS
A. Is the subjee/t-premises listed on the real estate market for sale?
B Yes
B. Ar~ them anyproposals to ~henge or alter land ~ontours?
R Yes
fino
1) Are there any areas that contain wetland grasses?
2) Are the wetland areas shown on the map submitted with this application?
3) Is the property bulkheaded between the wefi~a~f area and the upland building area?
4) ff your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ~t//4 Please confirm status of your
inquffy or application with the Trustees: d/~F
Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level?
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? /'~/0 (Please show area of these
struetares 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? /V0
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
Do you or any co-owner also own other land close to this parcel?
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel
and proposed use
(examples: existing: single-family; proposed: .~ame with garage.)
Authorized Sig~a~'e and Date
,g/0 ffyes, please label
2/05
i RECEiVED P C rr
, TRANSACTIONAL DISCLOSURE FORIvl
The Town of Southold s Code of Ethics ~rohibits conflicts of interest on the ~a~t of Td~ldf~offic~r~
and employees. Thc pureose of this form is to ~rovidc information, which ~an[alert the TowheeS/. _~,/.
possible conflicts of intercat and allow it to take whatever action is necessary to'avoid same.
Z[ ZONING BOARD OF APPEALS~
(Last name, ft~t name, middle ~nitial, ualess you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance /
Variance ~/
Change of Zone
Approval of Plat
Exemption from Plat
or Ofiqcial Map
Other
If "Other",
name the activity:
Do you personally, (or through your company, spousc, sibling, parent, or child) havc a
relationship with any officer or employcc of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest "Business interest" means a business, including a
partnership, in which thc Town officer or employee has even a partial ownership of (or
~nploym~nt by) a corporation in which the Town officer or employee owns more than 5% of the
shams.
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) and thc 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 shams of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or bencfficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, directer, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this / day of ~.t~q~/ ZOOg
Signatare: .~¢.y....~xt.{'~ .~::~
~4.16-4 (IM~5)--Text 12
PROJECT LC. NUMBER
617.20
Appendix C
SIBte Environmental Quailt
SHORT ENVIRONMENTAL AS,'
RECEIVED
For UNLISTED ACTIONS Only
~PART I--PROJECT INFORMATION (To he completed by Applicant or Project sponsor)
SEQR
7. AMOUNT OF LAN~.AFFECTED:
,nltlaly ~--~'
S. WILL PRO~S~
9. WHA~'I$ PRE~NT LAND USE tN VI~NITY OF PROJECT/
J~ ~a~'k/Fore~UOpen ~pac, e J--~ Oth~r
10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANy OTHER GOVERNMENTAL AGENCY {FEDERAL,
S~ATE q~ LOC~?
[] Ne If y~.o fl~l ag~tcy(s) mt~
I~. DOES ANY AEP~[OT OF THE ACTION NAVE A CURRENTLy VAUO PERI,~' OR APPROVAL'/
J
12. AS A RESULT OF~PRoPO~ED ACTION IN~LL PERMIT/APPROVAL REQUIRE MOmFICATION?
O~., ffi No ,
I C;W ~AT ~E IN~A~ON PROVlD~ ~VE ~ ~E TO ~E I~ OF MY ~E
/ /
Slgnatur~
If the action Is In the Coastal Area, and you are a stats agency, complete the
Coastal Assessment Form before proceeding with this asssssment
OVER
PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD iN S NYCBB. P~BT 617.47 If yes, c~rdmale ~e ~wew p~
may be suDerseae~ ~y anol~e~ involvaC agency. Z~NING BOARD OF APPEALS
O. WILL THE PROJE~ HAVE AN IMPA~ ON THE ENVIRONME~ CH~E~ICS THAT CA~ THE ~AB~SHMENT OF A
D Ye, D ~
~. IS THER[ OR ~ ~E~E UKELY TO 8~ CONTROVERSY R~ TO ~ENTIAL ~V~SE ~IRONMENTAL IMPACTS?
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified st;ova, determine whether tt:~ substantial, large, important or otherwise significant.
Each effect ~louKI be assayed in connection wllh its (a) setting (i.e. utt)~n or rural); (b) probability of occurring; (c} duration; (d)
irreYerelbillfy; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materiels..~neure that
exnlanations contain sufficient dat~JI Io show thai all relevant aclYerse impacts have been identified and adequately addrsSsacl. If-
question 0 of part II was checked yes, the aetsrmlnatlon and slgnfflcance must evaluate the potential impact o! the proposed action.
on the environmental characteristics Of the CEA.
F-] Check this box If you have Identified o~le or more potsnflb, lly large or signilflc:ant adverse im'l~?CtS which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a posltlv.e declaration. '
[] Check this box if you have determined, based on the. Information and analysis above and any supporting
documentation, thai; the proposed action WILL NOT result in any significant actverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www, northfork.net/Southold/
Examined ,20__
Approved ,20__
Disapproved a/c
Expiration ,20.__
PERMIT N~
RECEIVED
AUG .5 2oV
~ONING BOARD Or: APPEALS I
BUILDING PERMIT APPLICATION CHECKLIS'I
Do 3~ave or need the following, before applying?
"'- Board of Health
3 sets of Building Plans
Planning Board approval
Survey_
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
Phone:
Building Inspector
I t"r~ ' ~ ii APPLICATION FOR BUILDING PERMIT
, , it I
i JUL 6 L ::~ Date // /~" ,20 u"
, i j INSTRUCTIONS /
_p~aff~ ~T~.~ ~t~pl~.~:o~,,,~ - ,~,~ ,,,~,~,,,,~-,s ,,~ o~ ~ ~~-YJ~d~ ~ ~h~terl or m ~ and submitted to ~e Bmldmg Inspector with3
sets
b. Plot pl~ showing location oglot and of buildings on premises, relationship to adjo~ing premises or public streets or
areas, and wate~ays.
c. ~e work covered by ~is application may not be commenced before issuance of Building Pe~it.
d. Upon approval of this application, the Building Inspector will issue a Build~g Pe~it to the applicant. Such a pe~it
shall be kept on the presses available for inspection t~oughout the work.
e. No budding shall be occupied or used in whole or in pa~ for any pu~ose what so ever until the Building Inspector
issues a Ceffificate of Occ~ancy.
f. Eve~ build~g prat shall expire if~e work au~ohzed has not co~enced ~thin 12 mon~ a~ the date of
issuance or has not been completed within 18 months from such ~te. If no zon~g amendmems or other re~lations affecting the
prope~ have be~ ~acted in ~e ~te~, ~e B~lding Inspector may autho~e, in ~fing, the extension of the pemt for an
addition six monks. ~erea~er, a new pe~it shall be required.
~PLICATION IS ~BY M~E to the Building Depa~em for the issuance of a Building Pe~it p~u~t to the
Building Zone ~dinance of the To~ of Southold, Suffo~ Count, New York, and other applicable Laws, Ordnances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein deschbed. ~e
applicant agrees to comply with all applicable laws, ordnances, building code, ho~ing code, and regulation, and to a~it
authohzed inspectom on premises and in build~g for necessa~ inspections.
(S'~ ~6 of applicant or nme ifa co~orafion)
(Mad~ng address of apphcant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nameofownerofpremises: d~C~//~'/~--t~ V/~C'C,t~)Lf t ('~/4-:/2~ Uq'/~T~'\~
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location oflafid on which proposed work w~l be done:
House Number Street Hamlet
3. Nature of work (check which applicable):' New Building.
Repair Removal Demolition
State existing use and occupancy of premises and intended use and occupancy of proposed construction:,
E '
a. xtstmg use and occupancy
b. Intended use and occupancy
Addition V/ Alteration
Other Work
4. Estirnated Cost
5. If dwelling, number of dwelling units
If garage, number of cars
Fee
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature~ and extent of each type of use.
7. Dimensions ofexisting structures, ifany:Front ?,f4'/'7II Rear
Height /4- ' Number of Stories
Dimensions of same structure with alterations or additions: Front
Depth ,~,~ ~.~1~ Height 6~:~/-¢II
8. Dimemions of entire new construction: Front Rear
Height Number of Stories
i eoflo,: ront ?7/47 Depth
~3>'/¢ ' Rear
Number of Stories Z/ID
.Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated ~ 40
12. Does proposed construction violate any zoning law, ordinance or regulation? YES / NO__
13. Will lot be re-graded? YES__ NO / Will excess fill be removed from premises? YES__
[4. Names of Owner of promises ~.'z]~O~/~'~',J' Address
Name of Architect t~./~Zt~'6c~ ~ ~/ Address
Name of Co~tractor Address
Phone No. ~/f ff~,
Phone No '~,.~ff
Phone No. '
5 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? .yES ' NO /
* iF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE/P,_EQUIRED.
b Is this property within 300 feet ora tidal wetland? * YES , NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
6. Provide survey, to scale, with accurate foundation plan and distances to property lines.
7. If e!evation at any point on property is at 10 feet Or below must provide topographical data on survey.
TATE OF NEW YORK)
..~,. ss~
OUNW .
(Name of individual sigrdng contract) above named,
(Contractor, Agent, Corporate Officer, etc:)
'said owner or owners, and is duly authorized to per~brm or have performed the said work and to make and file this application;
at all m. at~ment~ contained in this application are true to the best of his knowledge and belief; and that the work will be
:rformed in the manner set forth in the application filed therewith.
voro to before me thl?~..,, t
~ day of ~) [)[/'",¢ 20 OF
Notary Public "PATRICIA RICHARDS pplicant
.,, ' Notary Public, State of New Y~rk
No. 01RI6042467
Qualified in Suffolk County . _
Comm,iss on Expires May 30,
Town of Southold
A. INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FO
-' ECEIVE--D--
AUG 5 2008
ONING BOARD OF APPEALS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 117 9 5.2
The Application has been submitted to (check appropriate response):
Town Board [~ Planning Dept. [] Building Dept. [] Board of Trustees []
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital [-~
construction, planning activity, agency regulation, land transaction) ~
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Renovation and addition of a two story wood frame
residence.
Locationofaction: 645 Jackson St. New Suffolk, NY
Site acreage: 12,760 s.F.
Present land use: Single Family Residence
Present zoning classification: R- 40
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Nameofapplicant: Thomas Samuels, Architect
(b) Mailing address: 25235 Main Rd, Cutchogue, NY 11935
(c) Telephone number: Area Code ( ). 631-734-6405
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] No [] If yes, which state or federal agency?_
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[] Yes [] No [] Not Applicable
Adding to an existing residence preserves open space around the existing
residence and makes efficient use of the existing structure and property.
Also the addition to the property is far less than the 20% lot coverage allowed
by zoninq.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[] Yes [] No ~] Not Applicable
There are no historic or archeological structures on property.
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes [] No ~-~ Not Applicable
The addition to the existing residence is in keeping in style and scale of
neiqhborinq structures.
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 [] Not Applicable
Ail rainwater runoff is and will be retained on site with the use of
underground drywells.
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 Apolicable
Ail rainwater runoff x~ and will be retained wit the use of underground
drywells. The sanitary system for the residence meets current Suffolk County
Dept. of Health Services standards for sanitary waste water. The property is
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; Pages 22
through 32 for evaluation criteria.
[] Yes [] No [] Not Applicable
No development will take place in the "protected" or "natural indiginous
environment".
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
The development will not add pollutants into the air. Ail construction vehicles
meet the Federal standards for air pollution discharge. The mechanical systems
of the residence meet the federal standards for air pollution discharge.
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.
~'~ Yes [] No [] Not Applicable
The construction and use of the residence will make use of the town's
disposal and rec¥clin~ center.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No ~-~ Not Applicable
No public land involved. Littoral access unimpeded.
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.
[] Yes [~ No [] Not Applicable
There are no public or commercial activities or uses on site. Historically
this property and neighborinq properties are residential in use and will
Attach additional sheets if ne:ess~ ] ~
%O
Po~ 11. Promote sus~nable use of living m~ine resources in ~ng Island Souna, m~i~=~
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[] Yes [--] No [] Not Applicable
This project will protect and preserve the living marine resources by
maintaining all rainwater discharge and sanitary flow from the residence
on site by approved SCDHS sanitary system and drywells for rainwater runoff.
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
There are no agricultural lands on site.
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
The construction will be using equipment approved by the Federal government
for energy usage. The residence will meet Federal standards for conserving
enerqy "enerqy Star Proqram" and will use "NY State Enerqy Conservation and
PREPARED BY
Created on 5/25/05 11:20 AM
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
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 8, 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~ JANUARY 8~ 2009:
9:30 A.M. JENNIFER JACOBS AND CLAYTON GATES #6206. Request for Variances
concerning this 12,760 square foot parcel under Section 280-124, based on the Building
Inspector's July 24, 2008 Notice of Disapproval concerning a proposed second-story addition
and alterations to the existing dwelling, with a setback of tess than the code-required 1- ft.
minimum single side setback and less than 35 ft. minimum rear yard setback, at 645 Jackson
Street, New Suffolk; CTM 1000-117-9-5.2.
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 wilt 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: December 9, 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
t~ONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971~0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
December 10, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 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 December 22nd
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al__[ owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailinq address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or durinq the hearinq, providin.q the returned letter to us as soon as possible;
AND not later than December 29th: 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 December 29th: 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 Posting for receipt by us by January 5, 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.
JENNIFER JACOBS
526 Fifth Street
Brooklyn, NY 11215
RECEIVED
AUG 5 2008
ZONING ~OARD OF APPEALS
July 31, 2008
I hereby authorize Thomas C. Samuels of Samuels and Steelman Architects, at 25235
Main Road, Cutchogue, NY, to apply for all required permits from the Town of Southold
and Suffolk County, for my project at 645 Jackson Street, New Suffolk.
Sincerely,
Je fe bs
S A M U E L S &
S T E E L M A N
ONING BOARD OF APPEAseS
July 31,2008
Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re:
ADDITIONS TO JACOBS/GATES RESIDENCE
645 Jackson Street
New Suffolk, NY 11956
SCTM # 1000-117-09-5.2
Dear Board Members,
My clients1 Jennifer Jacobs and Clayton Gates are applying for a Variance to add a
second floor their existing residence, which is located partly in the required rear and
side yards.
Attached, please find Seven (7) sets of the following information' as requested for the
Variance application:
1. Cover Letter
2. Letter of Authorization
3. Notice of Disapproval
4. Building Permit Application
5. Board of Appeals Application & Project Description
6. Area Variance Reasons
7. ZBA Questionnaire
8. Transactional Disclosure Form
9. Set of Drawings (Site Plan, Floor Plans and Elevations)
10. Survey
11. Photographs
12. LWRP Consistency Assessment Form
13. Check for $400
If we can provide any additional information, please do not hesitate to call.
Sincerely,
ARCHITECTS
25235 MAIN ROAD
CUTCHOGUE, NEWYORK 11935
(631) 734 6405
FAX (63H 734-6407
S A M
S T E
U E L S &
E L M A N
October 6, 2008
Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
OCT - 7 2008
Re: Jacobs/Gates #6206
Dear Linda:
Our above referenced client received an adjournment from the September 25, 2008
ZBA meeting. As you mentioned on the phone, the December 4 meeting has no
openings, so we like our clients to be on the next agenda for the January 8, 2009
meeting. We will be present at the meeting and there will be no further adjournments.
Please forward us a confirmation of the meeting date and time.
Thank you.
Sincerely,
TCS/phr
cc: Jacobs/Gates
ARCHITECTS
25235 MAIN ROAD
CU~CHOGUE, NEWYORK ]1935
(631) 734-6405
FAX (63]) 734-6407
NOTIC E OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME JACOBS, J. & GATES, C. #6206
MAP #
1 17-9-5.2
VARIANCE SETBACKS
REQUEST 2ND STORY ADDITION
DATE: THURS, JAN. 8, 2009, 9::30 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.norlhfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel, (631) 765-1809 Fax (631) 765-9064
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
FACSIMILE TRANSMITTAL SHEET
TO:
Date:
i -08
Fax #
TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
7d5-1809 (press ] a; voice c¢cordhhg)
REFERENCE::
[~] ORGi]NF [~ FOR YOUP, IJPDATF~ ~] PLEASE COMMENT [~ £S REQtJE$IED [] ......
NOTES/COMMENTS:
Please find attached copy/copies ofd~e followhxg:
Thank you.
Sender's hfifials:
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE. ,p.,
September 22, 2008
RECEIVED
SEP 2oo8
[ONING BOARD OF APPi~AL~S [
THOMAS ISLES, AICP
DIRECTOR OF pLANNING
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) subnfitted to the Suffolk County Planning Cormnission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-cmmnunity impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s) Municipal File Number(s)
~arocca
Pezzino - ~'~210 ~/¢
Terzis _ ~/6212
Marron ~6216 ~
Friema~ '~6217 ~/
Geitz ~6218 ~
Gama Deer Park bc. ~6219 ~ /
Franeker ~vestments, h~c. __~ 6220 ~ /
Kaplan
~6922~ 7
Messma
Romanelli Realty -
Very truly yours,
Thomas Isles, AICP
Director of Plam~ing
S/sTheodore R. Klein
Senior Plarmer
TRK:cc
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P. O, BOX 6100 · (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAU PPAUGE, NY 11788-0099 TELECOPIER (631) 853 4044
#9137
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
18th day of December, 2008.
Principal Clerk
Sworn to before me this '] ay of _ ' 2008.
NOTARY PUBLIC-$TA'r~ OF NEW YORK
No. 0'1-VO6105050
. , ' ':olk County
10:10 A.M. DIN VA EY
and BETTY J. BRESLOFF #6228. Re-
quest for a Variance under Section 280
18, based on the applicanVs request for a
lot line change and the Building Inspec
tot's Notice of Disapproval concerning a
proposed lot area for 1000 31-8 12.4, at
225 Marion Lane. which lot will become
less conforming by reducing its size from
34,194 square feet to 31L448 square feet
in total size, and concerning 1000-31-
8-13 at 730 Bay Avenue, East Marion,
which lot will become more conforming
by increasing its size from 8~340 square
feet to 12.1)86 square feet.
10:311 A.M. ROBERT BERGAMINI
# 6241: Request for Variances under Sec
tion 280 124, based on the Building In-
spector's October 17,2008 Notice of Dis
approval concerning a proposed deck
addition at less than the code-required
minimum front yard setback of 35 feet
and lot coverage exceeding the crde
limitation of 20'3'0 on this nonconform
lng +/- .31 acre lot, at 4050 Camp Mine-
ola Road. Mattituck; CI3Vi 123-5-20.
10:45 A.M. DONALD ZITO #6233.
Request for a Variance under Section
280-124, based on the Building Inspec-
toffs August 25, 2008 Notice of Disap-
proval concerning an as-built outdoor
shower addition to the single family
dwelling which is less than 10 feet on a
single side yard. less than 15 feet on the
opposite side yard. resulting in less than
25 feet for a total of both side yards, at
1185 Bungalow Lane, Mattituck; CTM
123-3-16.
erty: 80 Lakeside Drive and Cedar Point
Drive, Southold; CTM 1000-90-3-14. Re-
quest for Variances on this i4.118 square
foot lot, under Zoning Code Sections
280-122 and 280-124, based on applica
1:15 EM. 2000 BROADWATERS
LLC #6186. (Continued hearing). Re-
quest for a Variance under Section 280
124. based on the Building Inspector's
May 12, 2008 Notice of Disapproval con
cerning a proposed new dwelling with a
setback at 16ss than the code required
35 feet from the front lot line (after de-
molishing the existing building), at 20011
Broadwaters Road, Cutchogue; (:'TM
lg4 9-12.
1:30 EM. THOMAS G. and IOYCE
I. MES$1NA # 6223. Request for Vari
ances under Section 280-116A(1). based
on the Building Inspector's September 2~
2008 Notice of Disapproval concerning a
proposed accessory swimming pool and
spa at 10ss than lif0 feet from the top of
the bank or bluff on a lot adjacent to the
1 .ong Island Sound and with lot coverage
exceeding 1he code limitation of 20% on
this buildable land area of 15,253 square
feet. at 1690 The Strand, East Marion:
CTM 30 2-61.
1:50 EM. GEORGE YATRAKIS
#6237. Request for Variances under Sec-
tions 280-15C and 280-116A(1)~ based
on the Building Inspector's October 8.
2008 Notice of Disapproval concerning
a proposed dwelling, swimming pool,
trellis and accessory garage. The rea-
sons stated for disapproving the building
permit application are: ( 1 ) the proposed
locations of the trellis to be added to the
house, and accessory swimming pool, are
not permitted at less than 100 feet from
the top of the bluff 9r bank on lots adja-
cent to the L.L Sound; (2) the in-ground
,' ' ' al nrnn ~edinaside
s,i~nog~l.e slide y~rd. Location of Property:
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY, JANUARY 8, 2009
PUBLIC HEARINGS
NOTICE IS FIEREBY GIVEN, pu~
suant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning), Town
of Southold, the following public hear-
rags will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP
PEALS at the Town Hall. 53095 Main
Road, I~O. Box 1179, Southold, New
York I 1971 0959, on THURSDAY. JAN
UARY 8.2009:
9!30 A.M. JENNIFER JACOBS and
CLAYTON GATES #6206. Request for
Variances concerning this 12,76fi square
foot parcel under Section 280 124, based
on the Building Inspector's July 24, 2008
Notice oI Disapproval concerning a
proposed second story addition and al-
terations to the existing dwelling, with a
setback of less than thc code required I
ft. minimum single side setback and l~ss
than 35 lt. minimum rear yard setback,
at 645 Jackson Street, New Suffolk; CFM
1000-117-9-5.2.
9:40 A,M. ANTHONY and BARBA
RA BONAGURA #608i. Request for a
Special Exception under Zoning Code
Section 280 13B for approval of an as
built Accessory Apartment with owner-
occupancy in a single-family dwelling as
enlarged with recent additions, at 900
Holbrook Lane~ Mattituck; CTM 113-
6-11.
9:55 A.M. MICHAEL K. and THER-
ESE HUGHES #6236. Request for Vari-
ances under Sections 280-4 and 280-12.
based upon an application for a building
permit and the Building Inspector's Sep-
tmnber 22, 2008 Notice of Disapproval
stating that the as built mobile home is
not permitted for two reasons: (l) it con
sdtutes a second dwelling unit, and (2)
it contains less than 850 square feet of
living area. Location of Property: 9525
Main Road, Maffituck; CTM 10fi0 122~
6-13.
Disapproval concernh~g a pergola, fence
height, swimming pool, and as built ca~
port structure, for the reasons that:
(1) the proposed pergola to he added
to the dwelling structure is not permitted
because such additions/alteration y~ill
constitute an increase in the degree of
nonconformance (nonconforming rear
yard ~etback and front yard setback, see
ZBA #3255 of August 14,1984;
(2) the fence is not allowed as per
Conditions under ZBA #3950 dated July
11, 1990 which states: the fence and any
screening shall not exceed 4 ft. 6 in. in
height in front yard areas above grade,
the area beginning at a point of 30 feet
from the comer of Cedar Point Drive
to 30 feet from the corner of Lakeside
Drive shall remain open and un-vege-
tated:
(3) the existing swimming pool under
Building Permit #19275 issued July 27.
1990 is located at less than the required
minimum of 22 feel under ZBA # 3950
dated July 1 I, I990:
(4) the existing carport shows set
backs from each the front yard and rear
yard at less than the code required mini
mum of 35 feet.
I1:30A.M.THEQDORE E.PRAHL-
OW #6234. Request for Variances under
Sections 280 124 concerning this 7,700
square foot parcel, and based on the
Building Inspector's August 22, 2008
Notice of Disapproval concerning a pro-
posed deck and porch additions to the
existing single family dwelling, which
new construction will be less than the
code required minimum of 35 feet for
a rear yard setback and which exceeds
the code-maximum limitation of 20%
lot coverage, at 1605 Old Shipyard Lane,
Southold: CTM 64-5-30.
l:ffO RM. ANDREW and ELIZA-
BETH GREENE #6235. Request for
Variances under Code Sections 280 12
and 280 13C.2.a, based on the Building
inspector's June 30, 2008 Notice of Dis
approval concerning au application for a
building permit to alter the use of an ac-
cessory building (second floor) from an
accessory use as a garage to the owner's
home occupation office with full bath-
room. after removal of the as built kitch-
en and cooking areas, instead of a home
office carried on in the main building,
The proposed change in use from garage
to a home oIIice is not permitted under
Code Section 280-13C.2a, which requires
a "home occupation" to be incidental to
the residential use of the premises and
carried on in the main building. In addi
tiom the Building Inspector stateg that
the existing living space with kitchen
(apartment) as built is not permitted un-
der Section 280 12, since the Code limits
each lot to only one dwelling. Locafion
of Property: 30653 C,R. 48 (a/k/a Middle
Road or North Road). Peconic; CTM
73-4-5.
2:10 RM. HENRY TRAENDLY and
BARBARA CADWALLADER. Lo-
cation of Property: South Side of Main
Road (NYS Route 25), East Marion,
adjacent to Gardiners Bay. Based on the
Building inspector's January 30, 2008
Notice of Disapproval, amended July 25.
2008, the applicant has submitted appli
cations requesting:
A) ZBA # 6207 a Waiver of Merger
under Article IL Sections 100-25 and~
100-26 (renumbered 280-9 and 280-10),
concerning County Tax Map Parcel
Numbers 12 and il,in District 1000, Sec-
tion 31, Block 14 which states:
"Merger. A nonconforming lot shall
merge with an adjacent conforming or
nonconforming lot which has been held
in comtnon ownership with the first lot
at any time after July 1. 1983~ An ad
lacent lot is one which abuts with thc
parcel for a common course of fifty (50)
feet or more in distance. Nonconforming
lots shall merge until the total lot size
Conforms to the current bulk schedule
requirements."
B) and in the alternative, ZBA # 6264
Request for Variances for two proposed
lots in this re division of land, requesting
an area of less than the code-required
4t).000 square feet of buildable land un-
der the Bulk Schedule for CTM Parcel
1000 31 14 11 and adjacent CTM Parcel
1000-31-14-12; and
C) ZBA #6154: Request ft~r Variances
under Section 280-124. based on the
Building Inspector's January 30. 2008
Notice of Disapproval, amended July 25.
2008 concerning a proposed single-fami-
ly dwelling (after demolition of an exist
lng building) with a proposed single side
yard at less than the code required mini
mum of 10 feel [ess than the required
combh~ed side yards of 25 feet. and less
than 35 feet from tfie front yard lot line,
at 1300fi Main Road, East Marion; Cq'M
31-14-11.
The Board of Appeals will hear all
persons, or their representatives, desi~
lng 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 e mail: Linda. KowalskiCo)Town.
Southold.ny. us.
Dated: December 12.20(}8.
ZONING BOARD OF APPEALS
GERARD E GOEHRINGER,
CHAIRMAN
BY LINDA KOWALSK1
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
PO. Box 1179
Southold. NY 11971-0959
9137 1T 12/18
#8997
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
11th day of September, 2008.
Sworn to before me this
NIFER STORK g 6187. Request for
Variances unde~ gections 280-116 and
· 280-124. based on the Buildthg Inspec-
.... 'q~t~.~-a~lkL NOTICE toffs May 15. 2008 Notice of Disapprov-
· SOUTHOIJ)TOWN ZONING al concerning a proposed new dwelling
' ~&~.8 OF AEF~LS efter demolishing the existing building).
YHURS AY, EPTEM~ER25.2008 The new dwelling ~s proposed at les~
PUB~C~EI~ARINGS . than I5 feet on a single side yard less
NO~Z~t~ }S:ltERF~Y GIVEN, ,pur - than 35 feet on total side yards, and les~
suant to Sectioff267 ofthETown Law and haft 75 feet from tl~e existing' bdlktiead
Town 126de Chapteg 280 (Zoning),Town adjacent tb Great Pecoalc Bay Location
qf ~ropi~zt~ 3270 Peconie Bay Boule-
yard, L~ar~ ;CTM 128-6-8.
1:45 EM. Carryover: PINE NECK
9:45 A:M. PAUL SILANSKY 06203.
Request Iora Variance under SecUon
.287124 based on the Bud ng Inspec-
tor s July 21, 2008 Notice 6f Disapproval
concerning a proposed dwelling on a
noncoflformmg 14,000 ~quare foot par-
cci. with a 10t coverage exceeding the
e6de limitation of 20% ~or ali building
area. at 770 Pinewood Road. Cutchogue;
CTM 1000-110.5.24.
10:00 A.M. ARTCO and COAST-
L1NE CESSPOOL & DRAIN SER-
d~ICE #6200, Request for Variances un-
on the Building Inspector's May 15.2008
Notice of Disapproval concerning a pro-
posed new building for use as acesspool
and drainage company· The reasons for
disapprowng the building permit appli-
cation are: (i) the proposed construction
is less than the code-required minimum
of ~00 feet from the right-of-way of each
Corporate Road and Commerce Drive.
and (2) the proposed budding will have a
binlding linear ffon$ag~ greater than the
code maximum of 60 linear feet along
Section 10026, based on the Building
Department's July 25, 2008 amended
Notice of Disappro~;al stating that
County Tax Map Parcel Numbers 12 and
1L in Districf 1000. Section 31. Block 14.
are merged pursuant to Section 280-10.
"Merger. A nonconforming lot shall
~onconforming lot which has been held
~n common ownership with the first lot
at any tune after July 1. 1983. An ad-
jacent lot is one which abuts with the
parcel for a common course of fifty (50)
lots shag merge until the total lot size
B) ZBA #6154. (Carried from July24,
2008~ This is a request for Variances
under Secuon 280-17~. based on the
Building Inspector's January 30. 2008
Notice of Disapproval. amended July 25,
2008 concerning a proposed single-fami-
ly dwelling (after demolition of an exist-
lng b~ilding) with a proposed single side
yard at less than the code required taunt-
mum Of 10 feet. less than the requLred
comnl~n' ed side yards of 25'feet, and less
than B5 feet from the front yard lot line.
Co~lmleme Drive, Cutehogue (North
Fork Inil~tfial Park Lot 9) CTM 1000- ar 13000 Main Road. East Marion: CTM
~1-1.6. ~one D strict:Light Industrial: 31-14-I1;
; . Request for a Variance Varlancos under Section 280-17e~, based
~lec ~lg~tiQa' i21~0-t$,'~hased.oil the on ~' Building ~Inspector's JlgV 24
B~uildia~ ~i~pectdr*g June 10; ~008 NO- .2008 Notice of 17Jisapproval cofice'rnin~"
tlce of Disapproval-concerning a pro- a proposed second-~tory addition an~
p~s~d'accessory gara~6~wlih a size that alterations to 'the existing dwelling, w th
will* ~xceed the~ code m~aximum _of 660 a setback of less than the code-required
sqll~-¢ feet on tlxis 14 600 square foot lot, minimum of 10 feet on a single side and
at 545 }~nmmel Avenue, Southold: CTM less than ~. mmnnum of 35 feet from the
i%rl~el.15~.~63-2-18. _ rear yard lot the, at 645 .la¢lison Street,
~ A.IgI-JOl~NGATANASg6201. New Suffolk CTM 1000-117-9-52 Lo
Reqge-sf ;for ~ariances' under ~ Section Size: 12 760 square feet (nonconform-
2.8_0,-'~2~, based~ontthe:Building Inspec~ lng) in R-40 Low-Density Residentia
. tot s?J~ly, 1,. 21108tameaded Notice, of Zone District.
Disapp~hl. ~.~nc~;-alng l~ prgposed 2:45~ EM BUD GEORGE HOL-
dv)elling~ after 'ddmolishing ~the exist: ~ # 6202. Request for Variances un-
lng dwelling sail accessory garage. The der Sections 280-14 and 280-116. based
reason for ~tis,3ppr o.val 6f:'the building on the Building Inspector's May 20, 2008
permit application is that the new con- Notice of Diaal~proval concernhig an.as-
~'ti~wi~l~l~le$~ tli~ih t~ ~odeLreqalred built porch eni~l~sdre and deck addit on
~lll~of;3;~e~$~from the front 3~ard _to the existillg 'dwe ling, which are less
4°~ lihe arid ie/tr 3~rd'lot IMe}/~ocatidn o f ' than the code-r~quired minimum of 15
P~op~rty: 445 Genital Drive, MatEthck: feet on a side yard iR this R40 Zone, and
CTM 1000-106-3-22. Iess ihan 75 fee~ front the bulkhead ad-
11:~0 A.M. gAMES'ami MAE MAU- jacent to Great Peconic Bay, at 350
m #dl~. R~qu,~i fo~:~, Varia~ u_n_der nE,_~p~M~_~p_S~.:_~M- L.0~. I23-7-).~.
~ ~-~"~'""-~ x' Principal Clerk
day of _~~008
NOTARY ?ug, LIC-STATI~ OF NEW YORK
No. 01-VO6105050
Qu~atltied tn SuffOlk County
Disapllroyal qgl~:ennag. ~. pr~l~osed,
d{3elling~ aftef'ddh~blitgifig ihe emit:
ing dwelling a~d;aceess~~ ga~a~¢~ ~e
reason for disapproval of the building
permit application is that he n~w cpn-
~t~ud~will be'}b~s thfin th6 ~6~e-?eqdired
on the Building Inspector's Ma5 20.2008
Notice of Disapproval concermn[ an 9s
bdiff p6r6h efl~losdre and deck &di:iition
to, the.e~s~p~ d~'el~,g~ WMch,~e ~e~
f~h t~e edde-r$quired minlmdm of 15
feet pn~a side y~d ~ t~s R-40 Zoge, gnd
l&s fhan 75 feb[ ~o~th~ bulkhead ad-
tJ/:10 A.M. 3JAME,S a~d<MAE MA.U- lac~n.t to G~'pat l~ecunic ~Bay, ~t ~0 ~?k
Pd ~6199. R~q~es~ for~ V&iane~ under ~nue, Matfit$ck; ~M 1~:t~L7-8.'
8e~on 280-15, based on thk B~ ding 3:~ ~. ~HA~. ~EDI
InsO~ctCr's Jdt~2 '~008 N~li~h{,Dis- ~188. (~ghe~fifig 'by Bdard Action):
a~provM concerning the applicants' ~isisanapplieationrequestingaVari-
proposed adthnons and alterationg to ance under Section ~80422 and 280 124
an existMg stagle4amily dwe~g, wi(h (ZgA ~te~etatibn ~5039), based on
demolitio~ 6f an atta~eg deck. (0ool the: BuildMg lnspectoPs June I0, 2008
surround). ~e reaso~ f& disapp~o~g ~ended Notice of Disapproval con-
the building permit applie~tion is thai cerning proposed additio? and altera-
th~ prop~. Work will ~d~ir ~.th6, ex- t i6ns'~b' tfi~ ~xt~t~g ffw~ll~.'~fiic~ ffe~
~snng accessory sWiinming po~l being
located in a yard other than the cocle-re-
quired rear yard at 1070 Ceitlen's Lane.
Sou hold: CTM }000-76-12-9.2.
1:00 P.M. HOWARD ~.acnd,:DORO-
THY ZEHNER #0197. Reque0~ fpv a
Variance under. Section 280-124, base~l
on the Building Inspectog's}Ju~l~27~ ~007
amended No ce of Disapproval con
eermng a proposgd addition and ~ltera-
uons to an existing single-famdy dwell-
ing, for the reason that the new construc-
tion will be less than thh code-required
minimum teat'yard setback of 35 fe~t
at 650 Moore's Lane North. GreenpoH;
CTM Parcel 1000-33-2-40.
1:15 P.M. RONALD POLLIO #§205
Request for a Variance under Sec:ton
280-124. based on the Building lnspeg-
lofts July 18.2008 Notice ol Disapproval
concernmg a proposed deck addition on
a nonconforming 6.999 square foot par-
cel winch new construction will be less
man the code required minimum of 10
feet on a stngle side yard setback and
less than 35 feet on the minimum fronl
yard setback, at 165 Second Street. New
Suffolk: CTM 1000-117-10-20.5.
i :30 EM. Carryover: RYAN and JEN-
ifi-ih~' degree 8f'noficon~'ohnlfi~ i~gle
Path and; Hilltop Path ~private roads}.
lng to be he~rd at each hearMg and/or
ours andpror o he d~yof hebear-
53095 Main Road (Mailin~USPS)
APPEALS BOARD M
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jn
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, SEPTEMBER 25, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York
11971-0959, on THURSDAY~ SEPTEMBER 25~ 2008:
2:30 P.M. JENNIFER JACOBS AND CLAYTON GATES #6206. Request for Variances under
Section 280-124, based on the Building Inspector's July 24, 2008 Notice of Disapproval
concerning a proposed second-story addition and alterations to the existing dwelling, with a
setback of less than the code-required minimum of 10 feet on a single side and less than a
minimum of 35 feet from the rear yard lot line, at 645 Jackson Street, New Suffolk; CTM 1000-
117-9-5.2. Lot Size: 12,760 square feet (nonconforming) in R-40 Low-Density Residential Zone
District.
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: August 28, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
~IZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southto ~vn.northfork.net
August 28, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 2008 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before September 9*(_
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 mailin.q address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or durin.q the hearin.q, providing the returned letter to us as soon as possible;
AND not later thin Sept. l~th: Pleas~ either mail or deliver to our office your Affidavit of
Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to
our office with the white receipts postmarked by the Post Office. When the green signature
cards are returned to you by the Post Office, please mail or deliver them to us before the
scheduled hearing. If any signature card is not returned, please advise the Board during the
hearing and provide the card (when available). These will be kept in the permanent record as
proof of all Notices.
2) Not Later September 17th: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver your Affidavit of Postin.q prior to September 24, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
O~ffice Location_:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.nort hfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
_Mailing Addre,.qs:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
TO:
FACSIMILE TRANSMITTAL SHEET
Fax #
Date:
TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
x:b (,,'zo 6:,
E]URGENq.' ~,~FOI~,YOUi~,UPDA'['E I~PLi~;ASECOMMENT FI As RiEQUESTED~ ~_____
NOTES/COMMENTS:
Please End attached cop¥/cepies e¢ the £e]lowing:
Thaxtk you.
Sender's Initials:
APPEALS BOARD MEMBERS
Gerard E Goehringer. Chairman
Ruth D. Oliva
James Dinizio, Jn
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
September 15, 2008
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File # 6206
Applicant's Request:
Within 500 feet of:
Owner/Applicant: JACOB & GATES
Side yard setback & rear yard setback
( ) State or County Road
(x) Waterway (Bay, Sound, or Estuary)
( ) Boundary of existing/proposed County, State, Federal land
( ) Village, Town or County Line.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZBA C,,bai~a n /./
By' ,~,~ .,~
/
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME JACOBS, J. & GATES, C. #6206
MAP #
117-9-5.2
VARIANCE SETBACKS
REQUEST 2ND STORY ADDT.
DATE: THURS, SEPT. 25, 2008, 2:30 PM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days b~;tween 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
Appem No. 2249
AC~ON OF '£~ ZONTKG BO~D OF Ai~PEALS OF TI~ TO~rN OF SOX/TI{OD
To . Dav..$~ and Hermine Ho.rton .. (Gary Olsen, ~sq.)
New' ~f~f01k Avenue
. New.~Suf~olk, h!Y 11956.
TOWN OF SOo'i'n(~LD, I~.~W YORK
ACTION OF ~HE ZONING BOaltl3 OF APPEALS
Dated February 1, 1977
at a meetin~ of the Zo-~_~ Board of Appeals on Pebrua. _xTf ? 17,
was conddered and the aetioa indicated below was taken on your
( ) Request for variance due /o hck of access to prope_,~
( ) Request ior a special exception under the Zoning Ordinance
(X) Request ~or a variance ~ ~he Zoning
( )
19~'7 the appeal
1. SPECIAL EXCEPTION. By resolution of'the Board it was determined that a special exception ( ) be
~ranied ( ) be deilied pursuant to Articie ................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
c0n!irmed because ' 9:30 P.M. (E.S.T.) upon application of David and
Hermine Horton, New Suffolk Avenue, New Suffolk,..:New Yo~k fo~ 'a'~'
v. arian~e in accordance with the Zonln~ Ordinance,, Article III,
Sectzol~ 1'00-30 and Bulk Schedule for permzsszon to set off lot
with existing dwellings. Location of property: south side New
Suffolk Avenue and north side Jackson Street, New Suffolk, New
York, bounded on the north by New Suffolk Avenue, east by now or
formerly Kappel and others; south by Jackson Street; west by
Rudeck.
2. VARLA..NCE. By resolution of the Board it was detexmined that
(a) ~krict application of the Ordinance (would) (would not) produce practical r]i~'~culties
hardship because
SEE REVERSE
(b) The hardship created (is) (~ not) unique and (would) (would not) be shared by all properties
alike in the hnmediate vicinity of this property and in the same use disiwkt because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
ebn~ge the character of the district because
(would not)
SEE REVERSE
After investigation and inspection th~ Board finds that the
applicant requests permission to set off lot with existing dwellings,
south side New Suffolk Avenue and north~side Jackson Street~ New
Suffolk, New York° ~The findings of the Board are that ~his situa-
tion existed prior to zoning.
The Board finds that strict application of the-ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in %he immediate vicinity of this property
in the same use district; and the variance will not change
character of the neighborhood, and will observe the spir.it of
the Ordinance.
THEREFO_W~ IT WAS RESOLVED, David and Hera%ine Horton, New
Suffolk Avenuet New Suffolk, New York, be GRANTED permission to
set off lot with existing dwellings, south side New Suffolk Ave-
hue and north side Jackson Street, New Suffoik~ New York~ as
applied, f~r..
_ Vote of
the B~ard: Ayes: - Messrs: Gillispie~ Hulse, Grigonis.
,/-
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
(Name of App icants)
CTMParcel#1000-]J-7 - C) ' -Z,c~
-X
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
~-/~ , New York, being duly sworn, depose and say that:
,. On the J~ day of ~:ce./~. ,200~, I personally mailed at the
United States Post Office in (~.,:.r-f~qu.J~ , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTE~, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the offi(~ial reco~with the. A~) Assessors, or
( ) County Real Property Office '.S~ for every
property which abuts and is across a public or p¢ivate street, or vehici~lar right-of-
way of record, surrounding the applic.~gt's property.
(Signature)
Sworn to before me this
t:~r._,g) day of~::~,~ z~:)~d/', 200oc~.
-//7 - (Notary P"~blic)
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.
John & Andrea Spiegel
200 E. 71"t St. Apt. 15A
New York, NY 10021
Hrazanek Living Trust
721 Wendell Place
Teaneck, NJ 07666
Aaron Avent
P.O. Box 349
New Suffolk, NY 11956
Cucioppo Living Trust
P.O. Box 249
New Suffolk, NY 11956
Jonathan C. [;)it~, '::::. :..¥~u~
James G. I~ill-~:''~:
P.O. Box 92
New Suffolk, NY 11956
Joyce Tese
130 E. 74th St.
New York, NY 10021
Postage
Certified Fee
Return Receipt Fee
(EndorSement Required)
Restricted Delivery Fee
(Endorsement Required)
Totml Postage & Fees
$ $1.17 0~35
$2.70 14
$2.20 Here
$0.0~
$ $6.07 1~ 17/2008
o ISe,'~'oCuc~oppo L~wng Trust
~ t~-~*~:.~'~*o×?~ ...............................................
L 5_.~__~ .~_ o~,~.,.Su ffotk.;.N.,C__~..lg 56 .................................
$1.17
$2.?0
$2.20
$0.0~
$6.o7
14
12/17/20~
Postage
Cedified Fee
~] Return Receipt Fee
~3 (Endorsement Required)
m
I-1 Total PoSt~(~l h~
$1.17
$2.70
$2.20
$0,~
$ $6.07
$1.17
$2.70
$2.20
$0.00
$6.07
0~35
Postmark
Here
12/17/20~
$1.17 09~5
$2.70 14
$2.20 Hore
$0,00
$6.07 1~J17/2008
l -°_-~ -"--°--"-°-t~_2,*l-*We r-~d et~ - Ptace .................................... -1
Postage $ $1.17
Cedified Pee $2.70 14
Postmark
Return Receipt Fee Here
(Endorsement Required)
Restri~ed Delive~ Fee
(Endorsement Required)
Tot~ Po~t,g, ~ F,,~ $ ~6.07 ~?/~
I*o"'roJoyce Tese
orPO
· Complete items 1,2, and 3. Aisc complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Aaron Avent
P.O. Box 349
New Suffolk, NY 11956
2. Article Number
(Transfer from service label)
[] Agent
,~] Addressee
I~ YES, enter dehvery
~ below:
~ Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
· RestrJcted Delivery? (Extra Fee) [] yes
7005 0390 0004 1186 4981
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Joyce Tese
130 E. 74~ St.
New York, NY 10021
d by ( Prfnted N
DEC 2 2008
[] Agent
0 Addressee
Date of Delivery
17 [] Yes
[] NO
•Yes
2. Article Number
(Transfer from service label) ·
7005 0390 0004 1184 5003
102595-02-M-1540
Domestic Return Receipt
i PS Form 3811, February 2004
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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Article Addressed to:
John & Andrea Spiegel
200 E. 71st St. Apt. 15A
New York, NY 10021
· Received by (
Is delivery address
If YES, enter delivery address below: [] No
/[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
/ ~' nest~sted De,ve¢ (E~ra F~,) [] Yes
7005 0390 0004 1186 4967
Domestic Return Receipt
2. Article Number
(Transfer from service label) 1025954)2-M-1540
PS Form 3811, February 2004
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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or on the front if space permits.
1. /~ticle Addressed to:
A. Signature ./-
Hrazanek Living Trust
721 Wendell Place
Teaneck, NJ 07666
2. Article Number
(T~ans far from service label)
Se ice Type
lfied Mail
[] Express Mail
[] Return Receipt for Merchandise
[] C.O.D.
Extra Fee) [-I Yes
7005 0390 0004 1186 4974
PS Form 3811, February 2004
Domestic Return Receipt
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item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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1. Article Addressed to:
If YES, enter delivery address below: ,~o
Cucioppo Living Trust
P.O. Box 249
New Suffolk, NY 11956
2. Article Number
(Transfer from service label)
[~ Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? i'Extra Fee) [] Yes
7005 0390 0004 1186 4998
PS Form 3811, February 2004
Domestic Return Receipt
102595~2-M-1540
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
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1. Article Addressed to:
Jonathan C. Dill
James G. Dill Jr.
P.O. Box 92
New Suffolk, NY 11956
A. Signature
[] Agent
delive~ address different from item 1 enter delivery address below:
Service Type
i. lj~Certified Mall 0 Express Mail
Registered [] Return RsCeipt for Memhandise
Insured Mail [] C.O.D.
7005 0390 0004 1186 5006
PS Form 3811, February 2004 Domestic Return Receipt
ZONING BOARD OF APPEALS ..
· TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
· v (NaTne of Applicant)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
0o0-ll-7- ¢ -5-':,
.X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, -"F~O~ ~¢~4 ~.~--.~ residing at
~,(.0~¢'~ IJ~' New York, being duly sworn, depose and say that:
On the ~..%~1 day of ~8/~4(¢z~--- , 20~, I personally placed the
Town's official Poster, with the date of headng 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 the date of the subject hearing date, ~da!e was shown to be
(Signature)
Sworn to before me this
~ day of~t~ct,~. 200¢
(Notary Public)
f~'. ':W ~b~ic, State of New
No. 01 RI6042467
Qualified in Suffolk Count'~t
Coi;-~i*~is~ion Expires May
*near the entrance or driveway entrance of my properly, as tiie area most visible
to passersby.
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Soothold, NY 11971
~ddress:
53095 Main Road
P.O. Box 1179
Southold, NY ! 1971-0959
http:Hsoutholdtown.northfork-net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
February4,2009
Ms. Jennifer Jacobs
Mr. Clayton Gates
c/o Samuels and Steelman
25235 Main Road
Cutchogue, NY 11935
Re: ZBA File No. 6206 - Application for Variance (Gates and Jacobs)
Attn: Tom Samuels, R.A. M~_~amu
Dear Mr. and Mrs. Jacobs and els:
Please find enclosed copy of the Zoning Board of Appeals determination
rendered on January 22, 2009.
mmencing construction activities, a building permit and
Beforb co o - - · m^ase be sure to follow-
possibly other agency approval(s) would De necessary, r~
up with the ,Building Department for the next step of the application process.
Thank you.
Very truly yours,
Copy of Decisio~ on 2/4
owalski
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
August 7, 2008
Zoning Appeal No. 6206
Transmitted herewith is Zoning Appeals No. 6206 of Jennifer Jacobs & Clayton Gates- the
Application to the Southold Town Zoning Board of Appeals. Also enclosed Cover Letter from
Samuels & Steelman, Architects Listing the Following: Authorization Letter from Jennifer
Jacobs to Thomas C. Samuels of Samuels & Steelman Architects to Represent them in this
Matter, Notice of Disapproval from Building Department dated 7/24/08, Copy of Application for
Building Permit Dated 7/16/2008,Applicant's Project Description, Area Variance Reasons, ZBA
Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, Set of
Drawings including Existing & Proposed Changes & Location Map & Site Data & Site Plan,
Survey of Property Prepared by Stanley J. Isaksen, Jr. Dated March 7, 2008, 4 Pages of Photos of
Each Side of Property, LWRP Consistency Assessment Form,
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 8/05/08
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
RECEIVED
#6206 Jacob, Jennifer and #14816 $400.00
Gates, Clayton AU6 5 2008
$ ~uthold Town Clerl
TOTAL $400.00
Sent via Inter-Office to Town Clerk by: __
Thank you.
PMK
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 8/6/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIYE~
ADDITIONAL FEE
14820 $150.00 AU6 7 2008
6206 JACOBS/GATES
Sot thold Town Clerk
$150.00
By,,~-- Thank 'ou.
Date: 08/05/08
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
RECEIVED
AUG ? ~008
ZONING BOARD OF APPEALS
Receipt#: 2703/
Transaction(s):
1 1
Application Fees
Reference Subtotal
6206 $400.00
Check#: 14816
Total Paid: $400.00
Name:
Samuels, & Steelman
25235 Main Rd
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID: 6206
Date: 08/07/08
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
:EIVED
ZONING BOARD OF APPEALS
Receipt#: 27103
Transaction(s):
1 1
Application Fees
Reference Subtotal
6206 $150.00
Check#: 14820
Total Paid: $150.00
Name:
Samuels, & Steelman
25235 Main Rd
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID: 6206
CUTCHOGUE
HARBOR
/1'7- ¢-~
GREAT
p~coNIC