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Home My WebLink About1000-115.-17-8SPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weislnan Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY i Re: ZBA File l 6175 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 13, 2008 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 dUti 2008 Dear Mark: We have received concerning single family dwellin creek) in Mattituck, and Notice of Disapproval, reference, we ask for June 26, 2008 tblic Thank you. on a April 8, 2008, Notice of Disapproval /X and alterations to the first floor of the existing ~ Hole Drive, (adjacent to a salt water canal from the on the enclosedsite map. Enclosed are copies of the Legal Notice and ./L~_?8 survey for your use and tance in~ Very truly yours, ~ ) Gerard P. Goehringer Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 26~ 2008: 2:45 P.M. JOSEPH ZlTO #6175. Request for a Variance under Sections 280-122A and 280-124 (formerly 100-244), based on the Building Inspector's April 8, 2008 Notice of Disapproval, and ZBA Code Interpretation #5039 (Walz), the applicant proposes to build a second-story addition to the existing single-family dwelling, which new construction will be set back less than 35 feet from the front lot line, at 3600 Deep Hole Drive, Mattituck; CTM 115-17-8. 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-t809, or by email: Linda. Kowalski~,Town.Southold.n¥.us. Dated: May 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 TO: NOTICE OF DISAPPROVAL Riced Feehan -- PO Box 364 Orient, NY 11937 Please take notice that your application dated April 1, 2008 For permit for a second story addition to an existing dwelling at Location of property 3600 Deep Hole Drive, Mattituck, NY DATE: April 8, 2008 County Tax Map No. 1000 - Section 115 Block 1__27 Lot8 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 12,022 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-122A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement ora non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a front yard setback of 27 feet. Therefore, the proposed construction is not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum front yard setback of 35 feet. Following the construction, the single family dwelling will maintain its 27 foot setback. This Notice of Disapproval was written based on a survey dated November 30, 1998, by Stanley J., Isaksen, Jr., LS and l~lansdated 3/10/8 by Dennis Ramsarran, PE. - ''''A~h'e'[':ieed~igna~t~e CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. NEW SUFFOLK AVE. N/F FABR Y S 79'00'E 100' 1,30' STAKE SET 20.3' I STORY WOOD FRAME RES. 1.4'X1.4' CHIMNEY ~SED N/F SMI TH OF DOCK WOOD STEPS STEPS N ?9'OO' W PICKET vFENCE OVER 0.6' STAKE lO0' SET 120' N/F GUITTARD TAX MAP NO, 1000-115-17-08 SURVEY OF DESCRIBED PROPER TY SITUATE Guarantees indicated here on shall ~ o~b ~o th~ ~,o,~ fo~ ~,ho~ thc ,,~ATTITUCK, TOWN OF SOUTHOLD i~ prepcJred, and on his behoff fo the ~t~ c~:~,~,.:,, c~o~,~,t~ Ag~.W, SUFFOLK COUNT~ N. ~ ~nr]r.g ;nst~t~ficn, iF listed hereon, and Guc:rcmtees crc ncr trc~sferoble to additional inslitufions or subsequent owner~ SURVEYED FOR : JOSEPH X Z/TO GUARANTEED TO SURVEYED JO NO~, 98 SCALE 1~=20' AREA= 1~02~92~ SF OR ~276 ACRES JOSEPH Z ZITO TOWN OF SOUTHQLD SURVEYED BY STANLEY J. ISAKSEN, ,JR. Unauthorized alterctbn or adrJ~tiorl to this P.O. BOX' 294 ~,~rve¥ is ,q v]cJation of Section 7209 of t~ New York $tate Education Law, NEW SUFFDLK, N'Y ~.i956 NYS LIC. NO. 4~,_,3 98R761 ~ Town~ of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM ~A¥ 1 5 ?n,~ All applicants for permits* including Town of Southold agencies, sh~!lBOARD OF APPEALS compl~[e '&is Ut;AF fbr proposed actions that are subject to the Town of Southold Waterfront ConsistencyReview 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 £rosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e~planations 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 actiou 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 LW-RP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, i_t shall not be~dertaken. A copy of the LVfRP 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 The AppLication has been submitted to (check appropriate response): TownBoard [] PlanningBoard[-~ Building Dept. [~ Board ofTrustees ~ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~7 construction, plarmJng activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [] (ZY---'~P~ff, approval~ ce~lq~2~iS-ni ............... ~ ........... Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has beeu filed with the Town of Southold agency, the following information shall be provided: (a) Name of aPplicant: A <,'~. f/q *'2/~ (b) Mailing address: V,~tS0'' ~'~f/~0~ ~57(~.,, ~f/7~/f'oc~(' AJ'-f (c) Telephone number: Area Code (~/ ~, q'~ "-' O oO ~' (d) Application number, if any: Will the action be directly nndertaken, require funding, or approval by a state or federal agency? Yes [--] No [~ If yes, wtfich state or federal agency? C. DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of inh'astructure, makes beneficial nse Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [--] No [~"oNotApplicable Aitach additional sheets if necessary ...... Poliify25.~'ryteWt~l~f6~'~rqe hisliS~F¢ a~d~r~li}i~o ologgl~l resources oq'th~- oT6~n~TSb-uthold. See LWRP _._Se_ct_io~!_r ?)licie~ 3 t?r0!gh ¢ for eya!.u_a[ion_~[!_te~[i~ . [-] Yes [~ No I I Not Apphcable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Southdd. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~'~ No [~Not Applicable A~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natnral resources from flooding and erosion. See LWRP Section[__] III -[_._]Policie~ 8 through 16 for evaluation criteriia ~ ~ Yes ~ ~ No~ NotApphcable Attach additional sheets if necessary Policy 5. Protect and itnprove water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria 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_~_a_bita_ts ._a~_d v?_tl~a~_ds: See LW._.R~ Section III - PoliciesL_P_aggs 22 A~cch 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 ~ot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~] Y. es ~-] No ~/*Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes~ l~o[~NNotApplicable 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. [~Y6~ [] - 57o ' [-~-Fq ~ t~ AP-PliYaqSI~ Attach additional sheets if necessary Policy 11. Promote ustainable use of living marine resources in Long Island Sound, the Peconic l~stuary and To~vn waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evahiation criteria. [] Yes [--] No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section [II - Policies; Pages 65 through 68 for evahIation criteria. [] Yes [~] No [~Not Applkable Created on 5/25/05 11.'20 AM B B B BB I LEFT SDE FRONT RIGHT SIDE REAR FLOOR PLAN II BOARD OF APPEALS COm~[,ClL',r ~ m um.nm~ FLOOR LEVEL PLAN · ,~,m m,, I-e,, I ~'~, ~'~,'m~ 0 FLOOR LEVEL PLAN ,/ BOARD OF APPEALS FLOOR LEVE. L PLAN ~ I~ I~I ~/~1 - BOARD OF APPEALS =l ........ ~ ............... ~ ........ J ............. I I I I ,,~'~ CgUNTY OF SUFFOLK (~) j_