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Home My WebLink About6226/,J~u~ ,SuShc~tu~ /or/ iiqs-~, APPEALS BOARD MEM~RS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net 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 Rr £1YED DEL 2 o : } FINDINGS, DELIBERATIONS, DETERMINATION DATE: DECEMBER 18, 2008 ~'"'tr~....,,,m ... MEETING Southold Town Clerk ZBA # 6226 - VICK-Y GERMAISE, Applicant PROPERTY LOCATION: 345 Bunny Lane, New Suffolk CTM 1000-117-6-20.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 24,892 square foot lot in the R-40 District and is improved with a single-family dwelhng and attached deck. It fronts on Bunny Lane for 139.08 feet, the rear property boundary measures 123.79 feet and the depth of the lot measures 190' on the southerly boundary and 189.39 feet on the northerly boundary. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's September 5, 2008 Notice of Disapproval concerning a proposed addition which will be less than the code-required minimum of 50 feet for the rear yard setback. FINDINGS OF FACT RELIEF REQUESTED: The applicant proposes to replace her existing 22' wide x 10' deep x approximately 20" high attached wood deck, which is in disrepair, with a new wood deck which will 22' x 14' x 20". The additional four feet of depth applied for will decrease the deck's existing non-conforming rear yard setback of 44' to 39' at the closest point while the code requires a minimum rear yard setback of 50 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Adding two feet more of depth to a newly built deck to increase the homeowners' enjoyment of their property will have no greater impact than the Page 2 of 3 - Dece'~er 18, 2008 ZBA # 6226 - Vicky Germaise, Applicant CTM 1000-117-6-20.1 existing deck, because the apphcant's rear and side yards are well screened from view by a stockade fence and mature evergreens, and the proposed enlarged deck will not be visible fxom the street or by any neighbors on adjacent properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the apphcant to pursue, other than an area variance because the existing deck already has a non-conforming rear yard setback and the enlarged deck will increase the degree of non-conformity. 3. Town Law §267-b(3)(b)(3). The variance as applied for is substantial in that it represents a 22% variance from the code required rear yard setback. However, grant of alternate relief of a 12' deep deck will reduce the non-conformity to 18% which is the maximum the Board of Appeals will allow. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created because the applicants house has a rear yard setback of 53 feet, so any elevated deck that is more than three feet deep would require a variance. 5. Town Law §267-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 applicant's property in the rear yard is fiat and the proposed wood deck will not create drainage problems and will be brought up to code. 6. Grant of the alternate relief is the minimum action necessary and adequate to enable the apphcant to enjoy the benefit of a larger deck in their rear yard, 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 DENY the variance as applied for (shown on the James J. Deerkoski undated diagram labeled "deck alteration site plan" and a Diagram labeled S-1, both stamped received September 15, 2008), and to GRANT ALTERNATE RELIEF for a 12 feet deep by 22 feet wide deck with a minimum of 41 feet rear yard setback. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. · Page 3 of 3 - Dece~[~er 18, 2008 ZBA # 6226 -Vicky Germaise, Applicant CTM 1000-117-6-20.1 The Board reserves the right to substitute a similar design that is de minimie in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: J~mbers Go~e ring~ir~,an), )Oliva, Dinizio, Simon and Weisman. This Resj;~tion was du~do~ed /~rd ~. Goehringer, Chalrma¢2/2g/2008 ~ Approved for Fihng Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971~0959 http://southoldtown.north fork .net BOARD OF APPEALS TOWN OF SOUTIrIOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 26, 2008 Vicky Germaise c/o West Creek Builders Attn: Gary Steinfeld P.O. Box 256 New Suffolk, NY 11956 Re: ZBA File No. 6226 - Zoning Co'de Variance Application Dear Ms. Germaise and Mr. Steinfeld: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's December 18, 2008 Meeting. Please be sure to follow~up with other agency reviews that may apply and to obtain a Town of Southold building permit from the Building Department located in the Town Hall Annex Building. Thank you. Very truly yours, Linda Kowalski Encl. GEP.,MAI,5 D CK DECK ELEVATION I 5GALI~: ~ = DECK PLAN 5CALE:4 ±'' = I'-0" ~INAL MAP I IREVIEWED BY ZBA I sE; o;cis~ # ~ I OUTLIN E~IBTING CONCR_~TE FOUNDATION WALL FOOTINGB TO P-EMAIN 2" X J O" ACQ LEDGEP~ BOLTED TO HOUD~ FRAME WITH 5" HANG D.J. FP-,OM LEDGEP-.WTI'H 5rM?50N LU2,5 CONNECTOR DECK, 5TRU CI'U P-,E / 7 EDGE OF E~IBTING DECK BEING REMOVED 4 DI~CIE SECTION h, = I ~ O" &CAL~: 4 - JO" ~JM DOAR~ CONTINUOUSLY AROUND ~VITH LATTICE SCREENING AB 5EPd~5 CONNECTOR I 0" 50NOTUDE W/POURED CONCRETE FOOTING (lh'PICAL ALL FOOTINGg} FOOTING ¢ FRAME PLAN 5CALI~:4 ±'' = I'-0" 2" X 4" 5U PPOI~T BOLTED TO POST5 BOLT TO JOIST w/~" c.~. PODT5 BENCH SECTION5 SCALE: ~ = ILO" WIND LOAD ?ATH CONNECTION AND CONSTRUCTION DETAIL DP, AWING5 USE TME FOLLOWING USE MZTAL GONNECTOP-~ OR APFROVED EQUAL5 FOR PROPER WIND RESISTANT CONDTRUCTION, FOLLOW MANUPACTLJRE'S ,'~ECOMMENDED rNDTALLATION iNSTRUCTIONS TO ACHID,/E MAXIMUM UPtJPT LOAD CAPACITY STAIR RAILING MINIMUM DECI~?O ~.C H RAILING DECK POST FTG. CONNECTION POST-TO DECK CONNECTION FOST TO GIRDER/HEADER CONNECTION LJ2mE bllN (2) I/2" DIA GA[V BOLTS WITH WA~HERD AND NUTS DEDC~IPTION APPLICATION HAN DI~AIL CONNECTION GIRDE?,/HRADER TO POST/COLUMN CONNECTION H EADER/GI RDER-TO-FOST CON N ECTION STRINGERTO DEC~?ORCN CONNECTION WOODJOIST FLUDH JOISTS WITH HEADEP-,/GIRDER POST-TO GiRDER/HEADER CONNECTION SPLICED JOISTS OVER DECI':/PORCH LEDGER CONNECTION UN DISTUP-J~ED SOIL DISTURDI-=D / POOR DOlL CONC. PIER FOOTING Df=CF. 4~ PORCH NOTES: CLIMATrC ¢ GEOGRA?HIC DESIGN CRITERIA NAILING SCHEDULE Area - 24,892 s.f. S 83°11'00"E 189.39' N/O/F MOURAD & VIRGINIA VASKI NARIAN z~< SCTM# AREA: 24,892 SQ. FT. EXISTING HOUSE: 1463.5 SQ. FT. (5.9%) FRONT PORCH: 170.8 SQ. FT. (0.7%) SHOVVER DECK: 32 SQ. FT. (0.1%) REAR DECK: 222.2 SQ. FT. (0.9%) I.. ~/ PROPOSED DECK ADDITION: 88 SQ. FT. ~ ~'L ,o.2. (0'4%) 4~ ~ TOTAL LOT COVERAGE: 1976.5 SQ. FT. ~ ~ / ^ .~ (7.9%) (30 J ~ J E~ension ~o,~ J N/O/F -- _ ~ IREVIEWFB ~ 7R~ I J~ I'~ g;J 000-117-6-20.1 SITE P~N SCALE: 1" = 20'-0" LLI (J) zz Vicky Germaise 345 Bunny Lane New Suffolk, NY SCTM#: 1000-117-6-20.1 Project: Deck Extension ¢-Ix.-/,-' FORM NO. 3 NOTICE OF DISAPPROVAL, ~- ~_°'ii'~'~DATE: September 5, 2008 TO: Gary Steinfdd (Robert Graffy) West Creek Broiders ( fl P.O. Box 256 New Suffolk, NY 11956 Please take notice that your application dated September 3, 2008 For pemfit to construct a rear deck addition to an existing single f:amilv dwelling at: Location of property: 345 Bunny Lane New Suffolk County Tax Map No. 1000 - Section 117 Block 6_ Lot 20.1 Is retnmed herexvitb and disapproved on the following grounds: The proposed rear deck addition to this existing single family dwelling, on a non- conforming 24,892 square foot lot in the Residential R-40 District is not pen*nitted pursuant to Article XXIII Section 280-124, non-confbrming lots, measuring between 20,000 and 39,999 square feet in total size, require a rear yard setback of 50 feet. The proposed deck addition shows a rear yard set back of 39 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. I (W~E) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: September 5. 2008 Applicant/Owner(s): Vicky Germaise Mailing Address: 345 Bunny Lnne New Suffolk, NY 11956 Telephone: 631-734-5235 Authorized Representative: GaW Steinfeld West Creek Builders. LLC for (X) Owner, or ( ) Other: Address: PO Bnx 256. New Suffolk. NY 11956 Telephone: 631-334-9205 Please check box to specify who you wish correspondence to be mailed to, from the above names: []Applicant/Owner(s) ~ Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~lt Building Permit [] Certificate of Occupancy [2 Pre-Certificate of Occupancy El Change of Use 13 Permit for As-Built Construction BOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ××Ill Section280- ~24 Subsection Type of Appeal. An Appeal is made for: Ill A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has IXhas not been made with respect to this property UNDER Appeal No. Year __. (Please be sure to research before completing this question or call our office to assist you.). REASONS FOR APPEAL (additional sheets mag be used with preparer's signature): AREA VARIANCE RE/~SON$: (1) An undesirable change will not be produced in the CHARACTER of the neighborl~ood or detriment to nearby properties if granted, because: Acta tlclt4 ; : t en S °x s: n ;h o; eSt rgprreo;redrt;caksi ebemion .g srteraqt"e S:ne eh eat;t photograph. (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 current roar yard setback requirements restrict the expansion of the existing deck. (3) The amount of relicf requested is not substantial because: Request for relief is a small and modest 4' extension to existing deck that is 20" above grade. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Alteration to existing deck maintains same shape and scale and will require minimum disturbance for new footings. (5) Has the alleged difficulty been self-created? OOYes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [3 Yes (please furnish 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. Cheek this box ( ) 1F A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPZETE THE A.TTA CHED USE VARIANCE SHEET: (Please be sure to consult your a~torney.) ~ _ §ignatore ~-~pellant or AuthOrized Ag~ent Sw° r" t°.tl~f° r~t~me t~ds~-J ~ ~,] {Agent mllst ,u bruit writt*n Autllorization from Owv~r) Term Expi[es Ju y 7, 20 ~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Refere~ce) Applicant: Vicky Germaise Date Prepared: September 12. 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 4' x 22' Extension to Existing Deck Dimensions of new second floor: Dimensions of floor above second level: }][eight (from £mished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics'BEFORE Alteratior~: ? Story. Single Family D~telling ..Number of Floors and Changes WI'IH Alterations: No Change IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on yoar property: 1,888.5 Sq. Ft. Proposed increase of building coverage: 88 Sq. Square footage of your lot: Percentage of tow'rage of your lot by building area: 7.6% (~.9% with deck addition.~ V. Purpose of New Construction: Alteration of existing wood deck to extend 4' to the rear. __ _ _ 4'x22' deck extension VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on yonr land and how it relates to the difficulty in meeting the code requirement(s): ~.. Flat, lawn area Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z,B.A. APplICATION Is the subject premises listed on the real estate market for sale? D Yes 1~ No Axe there any proposals to change or alter land contours? l~ No [] Yes, please explain on attached sheet. -RECEIVED l) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application'/ 3) Is the property bulkheaded between the wetlands area and fire upland building area? 4) If your properly contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? __Please conFkrm status of your inquiry or application with the Trustees: and if issued, please attach copies 0f permit with eonditmns and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below feet above mean sea level? NO Axe there any patios, concrete barriers, bulkheads or fences that exist ahd are not sho~vn on the survey map that yon are submitting? No .... (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any conslruction taking place at this time concerning your premises? No If' yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also ov~ other land close to this parcel? NO the proximity of your lands on your map with this application. Ifyes, please label Il. Please list present uSe or operations conducted at this parcel _ Single Family Dwelling and proposed use (exampIe~: existing: single-family; proposed: same with garage or pool, or other description.) 7J05; 1/07 617.21 Appendix C State Environmental Qualit~ R~vle~ For UNLISTED ACTIONS Only PART I - Project Inl'om~ation (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Pro}ecl Name Gary Steinfeld, West Creek Builders, as Agent for Owner SEp I b- 2008 Deck Alteration Project location: Mu nicfpatih,' Coun(y Southold, New York Suffolk Precise location (SIreet address and mad interse~ons, prominent landmarks, etc. or provide map} 345 Bunny Ln, New Suffolk - Intersections; New Suffolk Ave, Kouros Rd Is proposed action: } NEW ( ) EXPANSION (X) MODIFICATION 1 ALTERATbON Describe pmject b doily: Alteration to existing rear yard wood deck Amount of land affected: In(bally: acres; Ultimately: acres 24,892 sf 24,892sf 8 . Witi proposed aclion comply wiO~ existing at other eyJsting land use resbicdons:(X) YES ( ) NO tf No, descnbe bnefiy. Whal is present land use in vicinity of project: {describe); (X) Rasi,Jeatiat. ( ) Industriat ( ) Commercial { ) AgricultUral f )PaddForestiOpen Space ( }Other 10. Does ~,clloo Involve a perrnil approval or fufldine, now or ultimately from any other Governmental a§ency.(Federal, State IH YES { ) NO ~f Yes. list agency(s) and permit/approvals: Zoning Board of Appeals & Building Department 1~ Does any aspect et tile action have a currently v~lld permit or approval? ( ) 'dES (X) NO If Yes, list agepcy(s) and permit/approvals: 12 AS a result of proposed 8etlon. will existing permit/approval require modification? ~_ } YES (X } NO If Yes, list ager~cy(s) and permit/approvals: I certiCy that the information provided above Is true to the best of my kn?wiedge Applicant / Sponsor ['tame: __-'-~-3-~. Steinfeld, West Creek Builders o~te: ~ ff the a~tlon is In tc~oa~41aiArea, and~you are a state agency, complete the Coastal As~es.~ment Form before proceeding with this assessment APPLICANT SACTIONAL DISCLOSURE F~RM ~ (FOR SUBMISSION BY OWNER a~d O'~P, S AGLrN~ The Town of Sou~old's Code of Ethics orohibits eemfl~e~Z of intea~at on cae Imrt of Town and eamlovees. TI~ ouroos~ of this form is to orovide informafi,~, wkich can ale~t cae Town of possible ~afli~s of interest and 0llow it to take whatever aetin~l is ~ to avoid YOUR NAME:_ St..infold . Gan/.. as. ACent. for Owner Vickv_ Germ~ise (Last na~n¢, fn'st n~m~, middle ~ unless you are apply~ in lh~ n~ of ~a~eol~ d~ o~ ofl~ rarity, ~uch m; a coml~my, lf~, ~ ~ ~ p~ ~ ~y ~) NATURE OF APPLICATION: (Cheek all ~ ~ly.) T~ Ori~ Vmimce X Sp~e~s] Exeep~m ]f"Oth~', name the aaivity: .. Change of Zone Approval of Plat Ex~otion from pt~ or Official Map O~her Do you pe~oonally, (or canmgh your company, spouse,, sibling, parent, or ~inld) have a relationship ~ any officer or employee of the Town of Soulitoid? "P~latiomhip' includes by blood, marriage, or business inleresk "Business interest" means a bcsines~, including a pmtaership, in which Iflc Town officer or employee has even a partial ownership of (or employmcat by) a corporation in which the Town office~ or employee owns more Il,am 5% ofti~ shares. YEs NO X Comph¢~ thc balance of this form and dam aad si~n beAow wht~e in~ Name of person e~pioyed by thc Town of So~caold: Title or position of that person: Describe that relationship between yourself (the applicant) and lfie Town officer or employee. Either cheek the appropriate line A through D (below) and/or describe the relationship in lhe space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (che~k all that apply): A) the owner ofgrenter man 5% of cae sha~s of cae corporate slx~k of cae applicator (when cae applicant is a corporation); B) lhe legal or baneficial owner of any interest in a non-corporate emity (when the applicant is not a corporation); __ C) an officer, director, protect, or employee of the applicsm; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP RECEIVED SEP ZO..__NING BOARD OF APPEALS g APPLICANT (FOR SUBMISSION BY OWN]ER am/OWNER S AGENt' The Towa of Southold's Code of Flhi~ prohibits coaflicls of ialra~;t on the 0art of Town office~ and carmlove~. The ooroo~ of tiffs form is to movid~ information, which can ~ the Town of oossffoic oonfli~s of~ and allow i~ to lake wha~ve~ action is necessar~ to avoid ~m~ YOUR NAME: Vickv Germaise (Last name, fi~ mine. middle initial, uatess yo~ a-e applying ia ~he mine of sea.one else er o~r e~tl~y, sach as a company. If so. indicate the ofl~ posen or compmy mme.) NATURE OF APPLICATION: (C~eok all ~ q~ply.) Tax C~ Variance X s~ ~x~,lx'ian If "Other", n~z~o ~ho a~ivity: Do you personally, (or ~ your company, spou.~ siblin~ l~amt, m child) have a relationship with any officer or employee of the Town of Soatllold? "R~lafiomhip" includm by bion~ marriage, or business inter~ "Busings intemsff' means a business, including a parlaemhip, in which the Town officer or employ~ has even a pertial own~aip of (or ~mploymont by) a corporation in which th~ Town offic~ or emplo~ owns mom than 5% oftt~ shar~. Y~S NO ~ Compl~t~ ~¢ balance of ~ form and dal~ and sign bolow wh~ indited. Name of pemon employed by the Town of Southold: Title or position of that person: Describe that relalionship b~twean yourself (the applicant) and ~e Town officer or employee. Either cbe~k the appropriate line A lhrough D (below) and/or describe th~ r~lationship in rite space provided. The Town officer or canpioyce or his or h~r spouse, sibling, parent, or child is (check all that apply): A) the owner of greater tt~n 5% of the sha~s of lt~e corporate stock of thc applicant (whon the applicant is a corporation); B)thelegalorbencticialownerofanyinterestinanon-corporateentit~ q~'D :~ ,~ ..... (whea the applicant is not a corporation); c) om=. or, toer, or ofthe or D) the actual applicanl. DESCRIPTION OF RELAIIONSI-t~ Subngtled ~fi,~ ~ d~ of~Bp~L.21).0g~ Pdat Name: ' Vick~'-~ie'rmais~e TOWN OF SOUTHOLD BUILDING DEPARTMENT ' TOWN HALL sOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved Disapproved a/c ,2O Expiration .20 PERMIT NO. b~O~., DEPT. _ T_Q.WN OF $_(?_r~Q~.?_ BUILDING~RMIT APPLICATION CHECKLIS'I Do you have or need the following, .before applying? Board of Health ~.. 4 sets of Building Plans J Planning Board~oproval Survey ~ Check / Septic Form N.Y.S.D.E.C. Trustees Storm-Water Assessment Form ,,/'/ Contact: (,~ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be co~npletely 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. tl Every building permit shall expire if the work author/zed 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 prope~y 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 ora 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 Iaws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~'~ature of apl~cant or'name, ifa corporation) po &x /dod (Marling address of applicant) State ~vhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder umeo ownero premises t/te . (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 J ) "/ Subdivision (Name) Block Filed p o. State existing use and occupancy o~emises and intended use and occul: )roposed construction: a. Existing use and occupancy .~lbj0~4~.7. ~v41¢~'//~,¢ /¢¢_,_g//2F__-,~ b. Intended useand occupancy Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost Fee Addition Other Work Alteration//~- (Description) (To be paid on filing this application) ;. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars i. if business, commercial or mixed occupancy, specify nature and extent of each type °f use' 7. Dimensions of existing structures, if any: Front Rear Depth_ Height Number of Stories ~ ~,~,~-r¢ ~ Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear_ Depth Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front Rear Name of Former Owner 10. Date of Purchase Depth Rear 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO fi' 13. Will lot be re-graded? YES NO ~r Will excess fill be removed fi.om premises? YES. NO 14. Namcs o f Owner of l~remises~J].~JC)¢ /J~C/R0]$~ Name of Architect rJ~,¢-~ pl~t.~g0,5/r.,I . P.E. Name ofContractorlA/~b'r ~t, Cg. V., Ctq~ta¢~ Address ~la~/ S~.~ Address gM, C_ ~Phone No 774 Address ~ ' -' 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YESNO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO,/5<' * IF YES, PROVIDE A COPY. STATE OF NEW YOPdQ SS: cOUNTY OF ) ~/~ STI~;}/~1 ~---[-I~ being duty sworn, deposes and says that (s)he is the applicam (Name of individual signing contract) above named, (S)He is the ~,¢~ ~l¢,,4rf_,~f~/~//~ ¢-},1 1' (Contractor, Agent, Corl~orate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work wilt be performed in the manner set forth in the application filed therewith. ~"~ign~'~ture of App'iicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22260 Date APRIL 16, 1993 THIS CERTIFIES that the building. Location of Property 345 BUNNY LANE House No. County Tax Map No. 1000 Section -117 Subdivision NEW DWELLING NEW SUFFOLK, N.Y. Street Hamlet Block 6 Lot 20.1 Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 2!, 1992 pursuant to which Building Permit No. 20517-Z dated APRIL Ir 1992 was issued, and conforms to ali of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED OPEN PORCH & DECK AS APPLIED FOR. The certificate is issued to STEVEN BASSES & CHARLENE DeANGELIS (owners) of the aforesaid building. SUFFOLK COUNTY DEPDaRTMENT OF HEAL~{ APPROUAL 91-SO-96 - At~RIL 14~ ~993 UNDERWRITERS CERTIFICATE NO. H-033255 - FEBRUARY 5~ 1993 PLUMBERS CERTIFICATION DATED APRIL 14, 1993 - STEYEN D. BASSIS //Buii~ing Inspector Rev. 1/81 ~ER ( LAND .J~oO ~'T~ OF SOUTHOLD P~OPERTY R~ / TOTAL DATE NEW NORMAL Form Acre - Tillable 1 Tillable 2 Tillable 3 woodland Swampland Brushland House Plot VILLAGE DISTRICT SUB. LOT COMM. FIND. I CB. M~ ~'~"~q ~s..~,. V~lue BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD t~' BULKH~D DOCK Ext. Walls e~a~ ~k,~x¢ ~ Interior Finish Porch Roof Wpe .... Porch Rooms 1st Flor Vicky Germaise 345 Bunny Lane New Suffolk, NY 11956 631-734-5235 September 12, 2008 Southold Town Zoning Board of Appeals Town Annex/First Floor, North Fork Bank 54375 Main Road Southold, NY 11971 Dear Zoning Board of Appeals: I hereby authorize Gary Steinfeld West Creek Builders, LLC PO Box 256 New Suffolk, NY 11956 631-334-9205 telephone 866-352-5112 fax to represent and sign ail forms pertaining to the Zoning Board of Appeals Application. incerely, Vicky Geflnaise 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, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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~ DECEMBER 4~ 2008: 9:40 A.M. VICKY GERMAISE #6226. Request for a Variance under Section 280-124, based on the Building Inspector's September 5, 2008 Notice of Disapproval concerning a proposed addition which will be less than the code-required minimum of 50 feet for the rear yard setback, at 345 Bunny Lane, New Suffolk; CTM 1000-117-6-20.1. 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: November 13, 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 #9111 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 1.3_ week(s), successively, commencing on the 27th day of November, 2008. "~rincipal Clerk Sworn to before me this day of GEITZ #6218. Request fora Vari~co~e ~nder Segfi0a 2g0:i~6~(2) ba~d ~ Noti~ of Disappmva~0n~m~n~ ~n' aS-bfiilt deck as r~constructed wi~a s~t- na~y high Wate? mark 6f the li:lS'~.M. FRANK SCARe ~ ~622T R~¢uests for: (1),a Speci~ ception Up~er Se~fi0n 28043B for ~' th~ Baildi~g Ia~d~t~ ~ ~eha~d~ tembe~ ~ O} 2m~ofi~e ~i ~a~id~ a now~imitted use; ~d (b) that the lot size i: 2008 CHRISTINA VOUNSKI NOTARY pUBLIC-STATE OF NEW yORK No. o1.V06105050 Qualified in Su'HOlk county · LEGAL NO~ICE trietTE~a[i6~ d B~ildin based'on the Buildihg less than the e6deZrequired minimum of ec or's Se ember 5 2008 NO ce of 40 feet on Il S parc~[ co~stainin , 2 !nsp p , ~ ,.*~ ~0 Di~apP. rovo!Fe¢c%m,.qog, a:p~p~d:~d~, s 6~e~[.._.L~,~ ~B~ ~,°~:~ -~r~ P gr 't~?.5 ~ 9~ A M L~OYD KAPLAN ¢G221. Property: 36660 Route 25 (Main Road), ~ Set'est ~o; Variances under Sections Cutcbogue; ~ 97-3 3.[ (formerly ~7- } 280~15C and 280 /24, based on the 3 3). Request for a Spema Excepuon Building Inspector's amended Septem- ber 2, 2008 Notice of Disapproval con- cerning an accessory swimming pool proposed with a fl'ont yard setback at less than thc code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on Ibis buildable area of 14,679 squalc feet adjacent to thc Long Island Sound. 1.ocation of Property: 105 SoundvJcw Avenue, Southold; £TFM 1000-50-2 ~ 10:05 A,M. FRANEKER 1NVEST M ENTS, INC. #6220. Request for a Vari anco under Sectio~ 28(I 15, based on the Building Inspector's September 4:2008 Notice tff Disapploval concerning a proposed ncw accessory stz LICtQFe (al[pt demolition of an dcces~ory building) in front yard (ir rear vai'd, l,ocation of Propeety: Fishers Island Sound, Private Road off East End Road. bounded on the west by Henkel and on the east by Watmman thy. Co, F~she~s Island, NY; ~27* Re uest for a Variance under on thc Building Inspector's August 3, 2008 Notice of Disapprowd concerning proposed additions and alterations to an sion to a year-round residence, whiclz new consl;uchon wig increase the lot cove~ agc m excess of the code-limitation (max nmm) of 20 percent· Loc.at~o,n (1) will be an increase m the degree of yard at less than 35 feet, ( ) for a contractor's yard and for Variances under Sections 280-42A and 280-43A & C. based on the Building Inspector's November 19. 2007 amended Notice of Disapproval concerning a proposed conu'actol's yard and three principal buildings on this 63,338 square foot lot in a LB Limited Business Zone District. It) pursuant to the Bulk Schedule. o~e use per 80,000 square feet is allowed in the Limited Business (LB) Zone, and the proposed construction (three build- ings) is not permitted oi~ a lot contain- tat side vm ds ess h~;~n 35 feet; (2) the ac vail have hoUrs and pri0f '1 i : _sOhthftd i'IYli97i~959 regina~ business 9111-1T 11/27 day Of the h~af~ Sworn to before me this day of GEITZ g6218. Request fora Varialic~; Under Sec~On 280:2i_6,~A'(.2) based the Buildin~ Inspect6r ~Jun~ 10~ 2008 Notice of Disappr0val~onee~-n~n~ dh, a~-bflilt;d~k as rqco~stn~cted with a set b~el/~;i~ than ~[o0 fe~ fro~ the~:o}~li~; nar~ fii~ ~vate? makk {3f {he L~ng'i~hhd $0OI~ ~ i580 Le~tdn D¥iv&: Sohillolai~ CrM 1000;58-2:5 #6227. ': (1) a .2008 CHRISTINA VOLINfiKI NOTARY pUBLIC-STATE OF NEW YORK NO. 01-V06105050 Qualified in Suffolk County My Commission Expires February 28, 2012 LEGAL NOTICE stafin size i 9:30 A.M. LLOYD KAP Request for Variances under Sections 280 15C and 280 124, based on lhe Building Inspectors amended Seplem- bcr 2. 2008 Notice of Disapproval con- cerndlg ail accessory swlmmdlg pool proposed with a front yard setback at less lhan the code-requi~ed minimum of 40 feet and with lot coverage exceeding the code ]imitation of 20% (maxlmmn) oil this buildable area of 14,679 square feet adjacent to the Long Island Sound Location of Property: 105 Soundvlew Avenue. Southold; CTM 1000 5(L2 3 10:05 A.M FRANEKER INVPSD MENTS, INC #6220. Request lot a Vari- ance under Secticm 280 15, based on the (1) will be an increase in the degree of (3) in addition the proposed construction Property: 3666(I P-oute 25 (Main Road), ~ Cutchoguc; CTM 97 3-3.1 (formerly 97 ~l 3-3). Request for a Special Exception, for a contractor's yard and for Variances under Sections 280-42A and 280 43A & C, based on lhe BuiIding Inspector's November I9. 2007 amended Notice ol Disapproval, concerning a proposed contractoFs yard and three principal buildings on ibis 63,338 square foot Iol in a 1 B kindted Business Zone District. (1) pursuant Io thc Bulk Schedule, one usc per 80,000 square reel is allowed in the Limdcd Business (LB) Zone, aniJ tbe proposed construction (three build ings) is not permitted tin a lot contain- lng less than 240,00(} squale feet. fo~ the reason that the proposed three buildings (2} ploposcd Building #1 is not peI 280-40B(2). proposed new dwelling (after demolish lng reasons: (1) the new dwelling and the that iingle side yard at les~ ~ ;( ~ 'i:ldir~cl min~ mum b f 25 feet; (2) will have :a-rear yard a! 6ss ~than 35 feet; (3) will do riot TowmS0uthbld.ny.us. ,, ' ~ Dated November 13; 2008~ - :, ZONING BOARD OF APPEALS ;i,-t ~ (~ER~ g GO'F~IKIlqlGER; lng. Each hearing will riot starf'earlier ;i than desi.~,naied iibove}iFiles are ayail-:SOhthbld, NY 11971~0959 able'for review dur~g regular b~siness 9111-1T 11/27 hours and prior to the day of the h~ar- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEWYORK tn the Matter of the Application of (Name of Applicants) AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) /l.,~t,. ~;~-,d'~,~/L--'' , New York, being duly sworn, depose and say that: On the ~"~' day of .'/,:',~'¢*~¢~¢~'-/¢_ ,200~1 personally mailed at the United States Post Office in ~,.~,.' Jz.~2c/b;~,",L..- , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ~ Assessors, or ( ) County Real Property Office / , for every properly which abuts and is across a public or private street, or vehicular right-oF way of record, surrounding the applicant's property, ./..~SignatUre) -- Sworn to before me this .L~:~dayof ~'~-, ;, ,200~, f / ,'1 /, c/ (Notary PdlSlid) PLEASE list, on the back of this Affidavit or on a sheet of paper, tt~e lot numbers next to the owner names and addresses for which notices were mailed Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of lc.lc'~ - ' ' ,~,3.,~ '~ (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 4000- - ¢: - f COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the ~1;¢ day of ~¥./¢/4,~,~',r,~ ,200~, 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 the date of the subject hearing date, w~hich he...~aang date/-w2a~C}ew~to be ~/ /~ .~X. ft ,'.~x/~'../¢' . ,/~gnature) / Sworn to before, me this .-~C, rkday of Ik~ o'~' , 200~., *near the entrance or driveway entrance of my property, as the area most visible to passersby. Vicky Germaise #6226 C I~M 1000-117-6-20.1 Zoning Board of Appeals Mailing CTM 1000-117-6-16.5 Angelo & Rosario Liberatore 15625 New Suffolk Ave PO Box 31 New Suffolk, NY 11956 CTM 1000-117-6-19.1 Salvatore & Angelina Caridi 580 Kouros Rd PO Box 622 New Suffolk, NY 11956 CTM 1000-117-6 20.2 Mourad & Virginia Voskinarian 3 Pine Edge PI Dix Hills, NY 11746 CTM 1000-117-6-28.1 James & Susan Hutchinson 410 Bunny Ln PO Box 308 New Suffolk, NY 11956 CTM 1000-117-6-28.2 Michele Yozzo 320 Bunny Ln PO Box 314 New Suffolk, NY 11956 CTM 1000-117-6-27 Monica Bennett 240 Bunny Ln New Suffolk, NY 11956 CIM 1000-117-6-21 Joseph & Marion Arena 195 Bunny Ln PO Box 315 New Suffolk, NY 11956 Vicky Germaise #6226 CTM 1000-117-6-20.1 Zoning Board of Appeals Mailing CTM 1000-117 6 16.5 Angelo & Rosario Liberatore 15625 New Suffolk Ave PO Box 31 New Suffo k, NY 11956 2. CTM 1000-117 6 19.1 Salvatore & Angelina Caridi 580 Kouros Rd PO Box 622 New Suffo!k, NY 11956 CTM 1000 117-6-20.2 Mourad & Virginia Voskinarian 3 Pine Edge PI Dix Hills, NY 11746 4. CTM 1000-117-6-28.1 James & Susan Hutchinson 410 Bunny Ln PO Box 308 New Suffolk, NY 11956 5, CTM 1000-117-6-28.2 Michele Yozzo 320 Bunny tn PO Box 314 New Suffolk, NY 11956 6. CTM 1000 117 6 27 Monica Bennett 240 Bunny Ln New Suffo k, NY 1:~956 7. CTM 1000-117 6 21 Joseph & Marion Arena 195 Bunny Ln PO Box 312 New Suffo',k, NY 11956 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article A~dressed to: D. Is delivery address different from item 1 ? If YES, e~er delivery address below: ~No 3. Service Ty~ [] Dedifled Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] 5088 2523 2. Article Number (Transfer from service laZ~) PS Form 3811, February 2004 7008 1830 0004 Deme~c Retum Ree~pt · Complete ltsms 1,2, and 3. ALso complete item 4 If Restricted Detivery is desired. · print your nam~ a~d 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. ~. ~iel. A~d~t°: . .. p.. ,,- 2. NticleNumber 7008 1830 0004 . (Tra~sferfromseegcelal~'d) ~E~Agent it YES, enter deliver/address below: ~o 5088 2530 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PI' WY Il?fi, Signature [] Agent ,~cetved by CPa',ed N~,e) , I C. O,~. ~ O~ivery Is de ivery address diffem~ Item 1 ? [] Yes If YES, e~ter delivery addmas below: [] No 3. Se~lce Type [] Ce~f~d Mall [] Express Maim [] Registered I-I Retum Receipt for Memheedlse rt Insured Mall r-I C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes · Complete items 1, 2, and 3. Also complete ite[n 4 if Restdctsd Delivery is desired. · Print your name and, address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtidjlI,Addressed to: [] Agent D. Is delivery address ~ 1 ? [] Yes If YES, enter delivery addreSS below: Se~k;e Type [] ~rtifled Mail I-'1 Express M~il I-I Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F6e) [] yes 2. '~ticle Number 7008 1830 0004 5088 2554 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Alsocomplete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from sen/ice ~abel) -- PS Form 3811, February 2004 7008 183 A. Signature [] Agent ~'ls daixj~ry address differe~from~ , 19 ~Yes ~ If YES, enter delivery address baic [] No NOV \ \. ,/ , [] Regl~3t~d - ~1~'etum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex'tm Fee) [] Yes 0004 5088 2561 102595-02-M-1540 · Complete items 1 2, and 3. Also comp ete item 4 f Restricted Del very is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ./' 2. Article Number __ (Trans~r from service labe0 ,[ PS Form 3811, February 2004 D. Is delivery address d~nt from item 1 ? Y~S, er~er delivery ~ddress below: [] No My 3. Service Type [] Certified Mall [] Express Mall r-i Registered I-/ Return Recaipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Daiivery? (Extra Fee) ri Yes 7008 1830 0004 Do~ Return, ~pt 5088 2578 · Complete items 1, 2, and 3. Also complete item 4 if Reetrfcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (Transfer from se~vlce label) PS Form 3811, February 2004 [] Agent ] Addressee Ye8 3. Service Type n Certified Mall [] Registered [] Insured Mail 7008 r-i Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (E~ctre F~e) [] Yes 1830 0004 5088 2585 - Demectfo ifietum Rece~ct ~ CONS;JLT YOUR LAWYER B~E SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 30th day of May 2008 BE'WVEEN Robert Graffy, 345 Bunny Lane, New Suffolk, New York, NY 11956 party of the first part, and Victoria Germaise, 86 Smugglers Path, Jamesport, NY 11947 party of the second part, WITNESSETH, that the party of the first part, in consideration of NOV 2 0 dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed in dated May 11,2007 and recorded June 4, 2007 in Liber 12507, Pg. 962. TOGETHER with all dght, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and dghts of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the dght to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same flint to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the flint part has duly executed this deed the day and year first above written. IN PRESENCE OF: Robert Graffy · TO B.__E U.__SE~ THE ACKNOWLEDGMENT IS MADE'NEW__YORK State of~N~Jw York, County of <~-} ~ i ~7"7 / ~ ~-~ ss: State of New York, County of befc~re,rne, the undersigned, personally appeared personally known to I~e or-proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (sig'/1'ature and office of indivi-a'E'~l taking acknowledgment) VICTORIA CHARCZUK ] Notary Public, State of New York Qualified in Suffolk Coum'y )~N Commission Expires January 20, 20 '-..~ STATE On the day of in the year before me, the undersigned, personally appeared ss: personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATF State (or District of Columbia, Territory, or Foreign Country) of ss; On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE~I~EED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. SECTION 117.00 BLOCK 06.00 LOT 020.001 COUNTY OR TOWN STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by STREET ADDRESS RETURN BY MAIL TO: office Locgtio~: Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.north fork.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 TO: Date: FACSIMILE TRANSMITTAL SHEET Fax tl TOTAI~ NO. OF PAGES INCLU~IN~-COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordi~tg) REFERENCE:: [] UF, GEN'F [] FOI', Y()UI~ UPI)A'[I~ [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS -- Please find attached cop~/copies of the follox~4~tg: Thank you. Sender's hfifials: ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,' P.O. Box 1179 Southold, NY 11971-0959 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htt~://southtown.nor thfork.net November 13, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 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 November 20th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and acopy 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 arrangements were made in either a written statement, or durin§ the headn.q, providing the returned letter to us as soon as PoSsible; AND not later than November 21st: 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 November 25th: 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 December 2, 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. 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 MAP # GERMAISE, VICKY #6226 117-6-20.1 VARIANCE REAR YARD SETBACK REQUEST EXTENSION TO EXISTING DECK DATE: THURS, DEC. 4, 2008, 9:40 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 ELIZABETH A. NEVHJ.E 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 September 18, 2008 Zoning Appeal No. 6226 Transmitted herewith is Zoning Appeals No. 6226 of West Creek Builders Renresentin~ Vieky Germaise- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form (2 Pages), Notice of Disapproval, Certificate of Occupancy for One Family Dwelling with Attached Open Porch & Deck Dated April 16, 1993, Copy of Property Record Card (Both Sides), I Page of Photos of Property Showing Existing & Proposed Construction, Authorization letter from Vicky Germaise to Gary Steinfeld of West Creek Builders, LLC to represent her in this Matter, Notice of Disapproval from Building Department Dated September 5, 2008, Copy of Building Permit Dated September 3, 2008, Site Plan of Property Showing Existing & Proposed Construction with Lot Coverage, Copy of Survey Showing Existing Construction Dated April 14, 1993 Prepared by Young & Young Land Surveyors, 3 Pages of Plans Showing Elevation & Construction of Deck Prepared by James J. Deekoski, Professional Engineer. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9-16-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TCmI~ [~MP SEP 1 7 2008 #6226 GERMAISE, VICKY #1200 $150.00 $o r,thold Town Clerk TOTAL $15o.oo Sent via Inter-Office to Town Clerk by: __ Thank you. PMK Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/17/08 * * * RECEIPT * * * Receipt"8: 29004 Transaction(s): 1 1 Application Fees Reference Subtotal 6226 $150.00 Check#: 1200 Total Paid: $150.00 Name: West, Creek Builders Inc P O Box 256 New Suffolk, NY 11956 Clerk ID: CAROLH Internal ID: 6226 CUTCHOGUE HARBOR K~OURos /~Our~dn°w ?r formerl ~t VmgbiQ VoskiYnarion ROAD NEW 24892 s.f dOSeph 8 f°rmerl~ Morion G. Areno SUFFOLK AVENUE SEP I 5 20( NOTE: ~ :STAKE SET O:PIPE ~'OUND · : MONUMENT FOUND DEPT. OF H F~LTH SERVIGES SURVEY FOR STEVEN D, BASSIS 8* CHARLENE DeANGELIS YOUNG I~ YOUNG ,m~.A~E RIVERNEAO, NEW ~ORK RAME ~D -ol ,,:1 $'eLl'r R41L FENCE b L KOURoS RO/~D Area = 2~892 s.f NEW SUFFOLK AVENUE NOTE: ~ =$TAKESET O=pIPE FOUND · eMONDMENT FOUND ST'EVEN D. BA$SIS 8~ CHARLENE DeANGELIS YOUNG ~ YOUNG ~oo,~.~.,v,.~E RIVERHEAD~ NEW YORt(