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t7 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED -%0:9., 'AU0 2 8 2O0g DELIBERATIONS, FINDINGS, AND DECISION MEETING HELD AUGUST 27, 2009 ZBA FILE # 6298 - DIANE MANSON and AMORY MILLARD PROPERTY LOCATION: 495 Maple Lane, Orient CTM 17-2-3.1 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 21, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 2 acre parcel (89,140 Sq. Ft.) in the Residential R-40 District with frontage along three rights-of-way: (a) 380.35 feet along the southerly property line and 25 fi. wide right-of-way, (b) 283.51 feet along the easterly lot line and 25 ft. wide right-of-way; (c) 448.79 lin.ff, along the northerly property line and 25 ft. wide right-of-way. The parcel is improved with a two story frame house with deck, accessory swimming pool, and two accessory garages as shown on the plot maps dated 10-31-08 prepared by Billings Turoff Architects. BASIS OF APPLICATION: Requests for Variances under Sections 280-13C and 280-122, based on an application for a building permit to construct additions and alterations to an existing accessory building (currently a garage) and proposing to convert the existing garage, with or without the proposed additions, to an art studio or habitable space which is not a permitted use in accessory buildings. The Building Inspector's January 26, 2009 amended Notice of Disapproval reasons for disapproving the application are: (1) the existing accessory garage is located in a front yard as per Variance #5462 issued 2/12/2004; under ZBA Zoning Code Interpretation # 5039 (Walz), the proposed additions and alterations will constitute an increase in the degree of nonconformance, and (2) the proposed layout of the building appears to create habitable space, which is not permitted in accessory buildings. Page 2 - August 27, 2009 ZBA File # 6298 - Diane Manson and Amory Millard Proper~¥ Location: 495 Maple Lane, Orient; CTM 17-2-3.1 FINDINGS OF FACT LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. RELIEF REQUESTED: The applicant proposes to conved an existing unheated accessory garage into an artist's studio with a full bathroom and slop sink, and removable HVAC system (no ductwork to be installed in the walls). ADDITIONAL INFORMATION: The existing garage was granted a variance by the ZBA for a non-conforming location in a front yard in 1994 (#5462). In 2007 the property was sold to the applicant who obtained a Building Permit (#34124) in 2008 to remove and replace the existing windows and doors (changing garage type doors to French double doors). At the Public Hearing on July 30, 2009, the applicant Diane Manson testified that she is employed as an artist who works in animation and children's television programming. She stated that the proposed change in use of the existing storage garage to an artist's studio was because she is frequently in residence in Orient year-round and needs to work from her home location at those times. She also said that she has a documented medical condition that requires frequent use of a toilet and shower. Moreover, she has no objection to the removal of the bathroom and proposed HVAC system should she transfer ownership of the subject property. Further that she has no intention of establishing sleeping space or cooking facilities in the proposed studio. 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 the relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property is a conforming 2 acre parcel with three front yards and a swimming pool in the rear yard. The accessory structure has been in its current front yard location since 1994. No changes in size or location are being proposed. The replacement of doors and windows on the exterior elevations will improve the appearance. The proposed use as an artist's studio is solely for the applicant's professional use which is a quite occupation that requires no equipment that would create noise or disturbance to the neighborhood. 2. Town Law .~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue; other than an area variance. With regard to the front yard location, the alterations to the windows and doors cannot be achieved without a variance because pursuant to ZBA's Walz Interpretation (File # 5039) these alterations Will increase the degree of non-conformance. With regard to the proposed habitable space, the code permits a half bath in an accessory structure but does not permit a full bath, which the applicant needs to accommodate her medical condition. 3. Town Law .~267-b/3)(b)(3). The variance granted herein is not substantial in terms of the front yard location since the structure already has a variance for this non-conforming location. With regard to the proposed change in use from an accessory storage garage to an artist's workshop (as applied for), the variance granted herein is substantial but will be mitigated by the imposition of conditions that will limit its use solely to the applicantJowner. 4. Town Law §267-b(3)(b)/5). The difficulty has not been self-created, but it the result of the location of the existing garage in a front yard and the applicant's medical condition. 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 Page 3 - August 27, 2009 ZBA File # 6298 - Diane Manson and Amor)' Millard Prope,l:y Location: 495 Maple Lane, Orient; CTM 17-2-3.1 existing accessory garage was designed to avoid sight line concerns by neighbors, is fitted with gutters and leaders, and will cause no drainage problems. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory artist's studio with full bath and slop sink while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. The Board finds, upon applying the balancing test, that the benefit to the applicant in granting the requested relief for a change in use of the existing accessory garage to an accessory artist painting workshop with temporary full bathroom, outweighs any detriment to 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 Member Simon, and duly carried, to GRANT the variance, as applied for and shown on the architectural drawings by Billings Turoff Architects labeled drawing numbers T.01, ~.01 and G.02, dated 10-31-08, subject to the following CONDITIONS: 1. The applicant-owner shall prepare and submit Covenants and Restrictions for review and approval by the Board of Appeals, and the appijcant shall file same with the Clerk of Suffolk County (with a conformed copy of the filing submitted to the Town), before a Certificate of Occupancy shall be issued which shall stipulate that: a. The temporary use of the accessory structure as the artist's workshop with temporary full bathroom shall expire with the Sale/transfer of the property by the applicant/artist Diane Manson to any other person, and all plumbing, heating and cooling shall be removed (EXCEPT FOR A HALF-BATH AS PER CODE MAY REMAIN). b. The temporary artist workshop shall be returned to an accessory storage/garage structure, including removal of the Shower or bath (allowing only as per code a half-bathroom (sink and toilet) in a non-habitable accessory building and the restoration of garage doors. 2. Sleeping or cooking ih this accessory building is strictly prohibited. 3. Upon transfer of the:property, the Building Department shall void the Certificate of Occupancy for the existing accessory building. The applicant-owner or subsequent owners shall obtain a new Certificate of Occupancy after complying with the above conditions and converting the building to a code-permitted accessory garage/storage building. 4. There shall be no om~ite sales or displays for customers. 5. The owner shall consent to the inspection of the premises by the Board of Appeals a minimum of one inspection for every five-year pedod and immediately prior to transfer of the property. That the above condition~s be written into the Building Inspector's Certificate of Occupancy, when issued. 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 April 2, 2024 Received Attn: Board of Appeals I. APR 0..3 2024 �! APR 3 53095 Main Road 2024 E.,.�: P.O. Box 1179 Zoning Board of Appeals " Southold, NY 11971-0959 tis ti.t ,p 471(%F From: Diana Manson and Amory Millard 495 Maple Lane Orient, NY 11957 Cc: Southold Building Department In reference to ZBA File#6298 While obtaining a building permit for alteration to our house at 495 Maple Lane,Orient, NY it was identified that the resolution needs clarification. This is the clarification of our circumstances. Please be advised of the following: • We, Diana Manson and Amory Millard are married and have a NYS marriage license • The deed to our house was transferred from joint ownership (Diana Manson and Amory Millard)to Amory Millard in 2009 o This transfer was done to facilitate potential issues arising from Diana Manson's medical condition • In compliance with ZBA file#6298 Resolution please note the following: o We are still legally married in NYS o We still reside at 495 Maple Lane, Orient, Was our principal residence _ o Both Diana Manson and Amory Millard have a legal right to inhabit the house ' and there is a common ownership by marriage 4: Sincerely, , 1�5iana anson Amory Millard la � f � M o-1 lSgko-- Pdrm IT- Page 4 - August 27, 2009 ZBA File # 6298 - Diane Manson and Amory M ard Proper~y Location: 495 Maple Lane, Odent; CTM 17-2-3.1 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 does not increase the degree of nonconformity.. .............. ----'---------~ Vote of the Board: Ayes: Members Goehringer"(Chairman), Simon, ~a~, and S/);hri~der~his Resolution was du, dop,ed '" GERARD P GOEHR NGER, ~I'HAIRM~N ,~'~ 7/2009 " ApProved for Filing PAINTING STUDIO MAPLE LANE 0RtENT NY 11952 / / ."~ ~ /~/ ~ ~. ~ I " ~ ' ~ , / ~' , .., , ,, . , " ~ GARAGE F , , LOCATION ~ -~,~ -.<,<: , ,, .,.:.. ,, , . .. , , ? , / ~ ~ ~ , 3% ., ~ ~ .., / / .. ~. ,,:~ ~,,- / .., , . ~ · ~4 : ~ ~- .~- . _ ,,. ,-. PLOT MAP GENERAL NOTES 1. Contractor shall visit the site end be responsible for hav,ng recorded all conditions within the scope of the project, No claim for extra compensation, based on [gnoronce of visible or implied conditions, will be considered, 2, All work is to conform to Local Building Deportment Requirements, Fire Deportment Regulations, Utility Company Requirements, OSHA or the best trade practices, whichever is higher, $, Contractors are to retry ~11 indlccted condltians before stertlng work and report any discrepmncies to the ~rchit~ct, The drawings reflect conditions reasonably interpreted from the exlsNng visible conditions, or from drawin'gs end information Furnished by the owner, but can not be guaranteed by the architect. 4, Minor details not usually shown or specified, but necessary for the proper and acceptable construction, instm[latlon, or opemUon of any part of the work as determined by the urchltect shall be included Tn the work ms if it were specified or mdicated in the drawings. 5, Contractors shall obtain end pay for all required permits, and shall schedule ~11 required inspections, obtain all code approvals ~nd file for the new ce&iflcete of occupancy us required, 6. Contractor sh~ll be responsible for all union end equal opportunity standards or requirements where ~ppl[cmble, 7. Contractor shall coordinate ~ll work procedures with requirements of local autherltFes, neighborhood assocleNons, building m~nmgement and board of directors. & All indicated survey meterlal is for general informotion, The architect can not be 9, Contractor shall be responsible for th~ protection of ~11 existing or new conditions end materiels withln the proposed construcUon ~rem. Any d~mege cdused by, or during the execution of the work is the responsibility of the contrmctor end shall be repaired to the owner's satisfaction 10, Contractor shall ke~p th~ construction site free and clemr of all debris end dl unuu[hodzed persons, 11, Drawlngs may be rough scaled for estlmating end general reference only. 12 Contractor shell lay out his work mhd be responsible for all dimensions and provFd~ ~11 required dimensions ms required for other trades: electrical, plumbing, etc. All patching of existin~ cendlUons shall start at the nearest break tn plane or dlrecUon, Contractor shall design and install adequate shoring and bracing as required for ell structural or removal tasks, He shall have sole responsibility for all damage or injuries caused by this work mhd shall repair ell defscts et his sole expense. All work shall be guaranteed for one year after substontial completion, The General Contractor shall sign the wrfRen guarantee as provided by the owner, This guarantee shall cover all of [he general and subcontractor work, All defects discovered during the guarantee period shall be repaired to the owner's satisfaction at no cost to the owner. 16, Minimum room dimensions and Floor area to conform to uniform and local building codes 17, Cookmg spaces are to comply with uniform and Iocol building codes, 18, Every open drea of roof, terrace or areaway shall comply with uniform and local building codes, 19 Water supply to unit is to comply with uniform ~nd local buildlng codes. 20, Bathrooms are to comply with uniform and local building codes. 21, All bathroom floors to be waterproof with materiels approved by Lhe Building Department, Waterproofing mcteNal to extend ia slx inches above floor, B~threom wells shell be water resistive w~ll 22, All bathrooms shell have e venUIstion system maintained end operated continuously to provide four changes of air per hour per uniform end local building codes, 23, He~t and hot water to be provided per uniform ~nd local building codes. 24, Single station smoke detectors to be installed outside sleeping areas to comply wf[h uniform ~nd local building codes 25, Owner will file statement that mechanical ventilation systems will be kept in good working order and w~ll be operated canUnuous¥ during normal hours of occupancy of the premises, 26, The contractor/subcontract shell provide and inst~ll fire extinguishers es required by the faders[ occupatlond safety end health (]ct (OSHA), by Rte department regulations, 27, All salvaged m~teriels shql[ be kept in the areas indicated by the owner, SYMBOLS & MATERIALS O DOOR NUMBER [] WINDOW NUMBER e s~TM DETAIL 0 s"~'~°" ELEVATION ~ BENCHMARK ~ BAT- INSULATION / ACOUSTIC SEPARATION RIGIB INSULATION ~ CONCRETE ~ STONE ~ FINISHED WOOD ~ WOOD BLOCKING EXISTING PARTITIONS TO REMAIN EXISTING TO BE DEMOLISHED ¢¢ b RECEIVED ~ APR 0 1 2009 T.01 TIILE PAGE AND SITE pL~ARDOFAppEALS~n G.01 NEW CONSTRUCTION PLANS &: EXTERIOR ELEVS G,02 ELECTRICAL PLANS HARRY SCHNAPER INCORPORATED 692 MADISON AVENUE NEW YORK NEW YORK 10021 212 989 9898 FAX 212 980 1405 billings [uroff ARCHITECTS 150 ~ 25~h T~le~lu~e212,9£4.898~ F~ 212,645,03I? PAINTING STUDIO 495 MAPLE LANE ORIENT, NY 11957 CLIENT REVIEW DOB REVIEW 02-20 0__8 06-16 08 07-29 08 08-22 08 BiD SET FILING SET 10 51-08 ZBA REVIEW TITLE PAGE AS NOTED ~ ~rm~i~l Number T 01 COPYRIGHT©2008 BILLINGS TUROFF, P.O. ALL RIGHTS RESERVED 51313© CALL EXISTING GARADE EXISTING LOFT PLAN SCALE' 1/4" = 1' O" I b_J L~ UP DNi I I DN I I % I I I >1 I i STUDIO ~ I I I GROUND FLOOR PLAN WITH PROPOSED BATHROOM AND SLOP SINK SCALE', 1/4" = 1' O" / 'x N, / EXISTING EXTERIOR ELEVATION -- SOUTH SCALE: I/¢"= 1'-0" EXISTING EXTERIOR SCALE 1/4."= f-D" ELEVATION -- NORTH EXISTING EXTERIOR ELEVATION -- WEST SCALE: 1/4" = 1' 0~' - OPTIONAL REMOVABLE _ J MUNTINS NOT TO BE INSTALLED AT THIS TIME, TYP AT WINDOWS / / EXISTING EXTERIOR ELEVATION -- EAST SCALE' 1/A" = f-o" EXISTING EXTERIOR ELEVATIONS NOT TO BE CHANQ&B OR WIODIFIED HARRY SCHNAPER INCORPORATED 692 MADISON AVENUE NEW YORK NEW YORK 10021 212 980 9898 FAX 212 980 14'05 ~ billings turoff ', u~, ,-'"-----~ --.--~PAINTING STUDIO ~_~---~'~- 495 MAPLE LANE ORIENT, NY 11957 06 16 08 DOB REVIEW 07 29 08BID SET 08 22-08 FILING SET 10-51-08 ZEtA REVIEW NEW CONSTRUCTION PLANS EXTERIOR ELEVATIONS AS NOTED COPYRIGHT (~7808 BILLINGS TUROFF, RIGHTS RESERVED P.C, ALL LOF~ ~E×ISTING ELECTRICAL NOT TO BE MOVED OR ELECTRICAL PLAN AT LOFT SCALE: 1/4" = STUDIO ~EXISTING ELECTRICAL NOT TO BE MOVED OR L BATHROOk4 FIRST FLOOR SCALE: 1/,¢ = 1~ O" ELECTRICAL PLAN ELECTRICAL LZCZND iD 'LevJton' ResidenLid grade strdght-biade receptacle. Color to be white. Locd[ons per Arch. elevations Provided and installed by G.C Provide Cut sheet prior to purchase "AriadnE" series switch, by Lu(ron. "AY-" series Verify req'd, capacity for each location. $ Provide "night tight" swlteh (NL suffix) at overhead hght at beth cams, typ. All switches to be dimmer switches Verify dimmer location at 5 way candit]ons with Arch. Provided and Installed by G.C Provfde Cut sheet prior to purchase. ALL EXISTING ELECTRICAL TO REMAIN EXCEPT AS NOTED ON DRAWING. HARRY SCHNAPER INCORPORATED 692 MADISON AVENUE NEW YORK NEW YORK 10021 212 980 9898 FAX 212 980 1'~05 billings turoff A 11 C H I ? E C T S PAINTING STUDIO 495 MAPLE LANE ORIENT, NY 11957 06 16-08 DOB REVIEW 07 29-08 BID SET 08 22-08 FILING SET 10-51-08 ZBA REVIEW BUILDING SECTION AND ELEC?RICAL PLANS AS NOTED COPYRIGHT (~:008 BILLINGS TUROFF, P.C, ALL RIGHTS RESERVED FORM NO. 3 RECEIVED TO: Ronnie Hill (Mason) PO Box 551 East Marion, NY 11939 NOTICE OF DISAPPROVAL APR 0 1 ~009 DATE: August 4, ~)0~o OF APPEALS AMENDED & RENEWED: January 26, 2009 Please take notice that your apph_'cation dated July 24, 2008 For permit k0 constnact additions and alterations to an existing ~ccessorv ~zaragc, converting it fi.om a ~arage t. an art studio at Location of property: 495 Manle Lane, Orient, NY County Tax Map No. 1000 - Section 1~7 Block 2 Lot 3. I Is returned herewith and disapproved on the following grounds: The r osed additions and alterations to this existin accesso ara on a conformin 2 acre eel in the Residential R-40 District is not ermittcd ursuant to Article XXIII Section 280-122 which states. "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlar~cu~ont of n non-conforming building containing a eonformim, use, provided that such action does not create any new non-conformance or increase the de~ree of n~n-conformanee with regard to the regulations pertainimz to such building?," The existin accesso ara e is located in thc front ard. Pursuant to the ZBA's in r tion in Walz #5309 such additions and alterations will thus constitute an increase in the de ee of non-conformance. The existin aecesso e was issued a variance 5462 on Feb 12 2004 to allow the accesso buildin in the front ard. However the a licant is ro osin a ehan e in use as well as new dditions and alterations tothe buildin . A~ Sign In additio the ro os I out oft e buildin aooears to ................ . · . . u ct~tc U#O able s ace Wlllell IS not ermltted tn aecesso~ bu'ddin s ursuant to ursuantto Article Section280-13C. Note to Applicant: Any ch Southold Town Building D~ tge or deviation to the above referenced application, may require further review by the artment. CC: file, Z.B.A. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS a. ISLES, A.I.C.P DIRECTOR OF PLANNING DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman April21,2009 APR 2 9 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Galeotafiore, Durante & Anna Tsavaris, Susan Geroulanos, Spiro Ruggieri, John Fischer, Daniel & Nancy Strang, Garrett (Bentancourt) Delucia, Diana Fishers Island Development Corp. Hill, Ronnie (Mason) 6286 6289 6290 6291 6292 6294 6296 6297 6298 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. RECIIVED House No. 495 Street Maple Lane Hamlet Orient SCTM 1000 Section 17 Block 02 Lot(s) 3.1 Lot Size 1.95 acres Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 26.~an09 BASEDON MAP DATEDlast revised 31Oct08 Applicant(s)/Owner(s): Diane Manson & Amory Millard MailingAddress: 435 East 57 Street, Apartment 4C, New York, New York 10022 Telephone: Fax #: Emaih NOTE: In addition to the above, please complete below if application is signed by applicant's attorne)r, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: rlh Land Planning Services, Inc. for (['~) Owner, or (~) Other: Agent's Address: PO Box 551~ East Marion, New York 11939-0551 Telephone 631.477.2814 Fax #: 631.477.2816 Emaih info@r hCSG com Please checl~ box to specify who you wish correspondence to be mailed to, from the above names: r-]Applicant/Owner(s), or [Z]Authorized Representative, or [--IOther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 310ct08 AN APPLICATION DATED 26]an09 FOR: I71Building Permit [-ICertificate of Occupancy [-IPre-Certificate of Occupancy [-IChange of Use [-IPermit for As-Built Construction [~Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 122 & 13C Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal []has, I-]has not been made at any time with respect to this propertw, UNDER Appeal No. 5462 Year2004 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Diane Manson & Amory Millard ZBA File # REASONS FOR APPEAL (additional sheets mag be used with preparer's signature): AREA VARIANCE REASONS: RECEIVED APR 0 1 2009 ~OARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: the visual character of the renovation will be consistent with houses in the immediate area and with its traditional surroundings. (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: of the need of the applicants as professional painters, for adequate working space and maximum daylight conditions. (3) The amount of relief requested is not substantial because: the overall footprint of the existing structure will not increase; and there is will no significant change to the overall character of the structure. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the existing visual character and integrity of the structure will be maintained. (5) Has the alleged difficulty been self-created? ~)Yes, or ~Z~No. Are there Covenants and Restrictions concerning this land: [] No. I-lYes (please furnish cop?). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box (~) IF A USE VARIANCE IS BEsING REQUESIFED, AND PLEASE COMPLETE ATTACHED USE VARIANCE SHEET: (Please be stile to consult yo~r attorney.) o Signature .... o~' ~'~"°~ f J~ppellantp)- Authorized Agent (Agent most submit written Alghorizafion from Owner) Sworn t~o .beforet~ne this Notary Public J THE Page 3 of 3 - Appeal Application RECEZVED Note: Relief is sought from the zoning regulations to use the accessory structure / garage as a Painting Studio and not for living or sleeping. APR 0 ] 200~ 80ARD OF APPEA~ Pad Il: REASONS FOR USE VARIANCE ('ff reque.sted): For Each and Every Permifled Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permiffed use under the zoning regulations fo[ the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet), of the need of the applicants as a professional Painters/Artists for adequate working space and maximum daylight conditions. 2. The alleged hardship relating fo the proper'fy is unique because: of the location of the accessory structure. 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: the applicants are professional Painters/Artists. 4. The request will not alter the essential character of the neighborhood because: the visual character of the renovation will be consistent with houses in the immediate area and with its traditional surroundings. 5. The alleged hardship has not been self-created because: There is no other means for the applicant to pursue in order to gain the space and daylight conditions needed, other than in the manner be proposed, use of the accessory structure. 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safely and welfare of the community. (Please explain on a separate sheet it necessary.) it retains the visual character of the existing structures and is consistent with the visual character of the surrounding homes in the neighborhood. 7. The spirit o! the ordinance will be observed, public safely and wellare will be secured, and substantial justice witl be done because: (Please explain on a separate sheet il necessary.) Relief is sought from the zoning regulations to use the accessory structure as a Painting Studio and not for living or sleeping. As a consequence, there are no adverse impacts to public safety & welfare. ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIAHCE STANDARDS. (Please consult your aflomey.) Otherwise, please proceed fo the slqnafure and notary area below, · · h ~5¢~¥ Sworn to b lore r~, t is/~- (Notary P~bJlc~ ' I - APPLICANT'S PROJECT DESCRIPTION (For Z BA Reference) Applicant: rlh Land Planninq Services, Inc. Date Prepared: 23Nov08 I. For Demolition of Existing Building Areas Please describe areas being removed: Not Ap01icable RECE~IED APR 0 1 2009 -~OA-°.D O~ APPEALS 11. New Construction Areas (New Dwelling or New Additions/Extensions): Not a0plicable Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Ground level plus attic storage Number of Floors and Changes WITH Alterations: Ground level plus loft storage & studio IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage ofbuildings on your property: No chanqe Proposed increase of building coverage: No chanqe Square footage of your lot: 89.140 square feet Percentage ofcoverage ofyour lot by building area: approximately 5.2340% V. Purpose of New Construction: Convert existing accessory structure into Painter/Artist Studio VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Not Applicable 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 R£CE~VED BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? i--lYes [;Z] No Are there any proposals to change or alter land contours? [~qo i-lYes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? n/a 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 1'4o Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time conceming your premises? Yes 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 own other land close to this parcel? No the proximity of your lands on your map with this application. _ If yes, please label H. Please list present use or operations conducted at this parcel Residential /] and proposed use same with accessory Painting Studio / storage _~ (examples: e~isting: single-family; proposed: same with garage or pool, or other description.) ~'z/~'A~th-or]zed S~ghature--anffDate /~ fl~0 ~ 2/05; 1/07 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORI Ec£IvED For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A i 1. APPLICANT/SPONSOR rlh Land Planning Services, inc. =plicant or Project Sponsor) 2. PROJECT NAME Manson & Millard .APR 0 2009 BOARD OF APPEALS 3. PROJECT LOCATION: Town of Southold Munidpality County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) See attached Drawings 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Conversion of existing accessory structure/garage into a Painting Studio 7. AMOUNT OF LAND AFFECTED: Initially 56' x 34' acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No ~f No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agdcuflure [] Park/Forest/Open Space Describe: R-40 Zoning District (Residential Low Density (One Acre)) r-~ Other lO, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes. list agency(s) name and permit/approvals: Southold Town Building Department, an open Building permit #34124Z 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~lYes []No ,~ Al CERTIFY THAT TI~E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppiicantJspon~r~ame: rlh LarjdJPlanning Serv[Ces,.Ir~c. . . Date: 28Jan09 I If the action is~in the Co(a/stal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER ReSet · PARTil - IMPACT ASSESSMENT (To be completed by ~ ,~d Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD N 6 NYCRR PART 617 4'~ [] Yes [] No , If yes, coordinate the review proce~l~-a~ FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVlEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sun'ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agr cu rural, archaeological, historic, or o her natura or cultural resources', or community or neighborhood character~. Explain briefly-. C3. Vegetation or fauna fish she fish or wildl fe spec es, significant habitats or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goa s as officially adopted, or a change in use or intensity of use of land or o he natural resources'~ Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: Long term, short term cumulative, or other effects not dentified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENV RONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (La. urban or rural); (b) probability of occurring; (c) duration; (d) irraversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULt EAF and/or prepare a positive declaration, ] Check thisboxifyou have determined, based on the information and analysis above and anysupporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 28Jan09 Name of Lead Agency Date Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Land Planning Se~ces RECEZVED ,APR 0 1 200s BOARD OF AppI~AL,~ Date: re: Site Development Of TM #: 1000-17-02-3.1 Orient, New York 11957 I, Amorv t4[llard, owner of the property situate ~:[: net. New York: do hereby authorize rib Land Pt~ntn~ ~ervt~e$ lt~ot~ora~;q{!, to act as agent In my I:~h~f in applying for all Of the necessary appr:::vals regarding the site development of the above referenced property. Print Na~e: '/' ' / ~'~ ~**-~' ~*~ *$OUTHOLD ~ :"-' ~*' 0,~o-/7'*z-'3, t' "~*OWN OF OPERTY RECORD, , C*a~RD,* ': WNER S VILLAGE .DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT .~,/~) SE~S. I VL. LAND . IMP. CB, MISC. TOTAL . · ""~'~ ~-"'~L~'v H ~l-~;~"~-b'{" r,'~ , "COM~. IND. FARM . DATE REMARKS A~E 1 2 ~ABOVE (BOO -- -r do~$ ampland ~$hland ~ ' ""~ Extension C__~rege P~undation Basement Ext. Walls Fire Place Patio ,DrivewaY Porch Bath Floors Interior Finish Hec~t Attic Rooms 1st Floor Rooms 2nd Floor Town of Southold RECEIVED A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM ?PR 0 1 2009 ~OARD OF APPEAI~ 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# 17 - 02 - 3.1 The Application has been submitted to (check appropriate response): TownBoard [~] Planning Dept. [] Building Dept. [7] BoardofTrustees [] 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: Use of accessory structure/garage as a Painting Studio / storage Location of action: Site acreage: Present land use: Residential RECEZVED APR 0 1 2009 BOARD OF APPEALS Present zoning classification: R-40 Zoning District (Residential Low Density (One Acre)) If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: rlh Land Planning Services, Inc. for Hanson & Millard (b) Mailing address: PO Box 551; East Marion, New York 11939-0551 (c) Telephone number: Area Code ( ) 631.477.2814 (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 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 RECEZVED Attach additional sheets if necessary APR 0 1 2009 Policy 3. Enhance visual quality and protect scenic resources throughout the l~MIl~tOS~al~.8 See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [~ Not Applicable Auach 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No [] Not Applicable Atlach 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 Attach additional sheets if necessary APR 0 1 2009 D FA A Policy 7. Protect and improve air quality in the Town of Southold. See LW~te~c~loVn ~rlE-tl~olicies Pages 32 through 34 for evaluation criteria. [] Yes [] Noir] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] 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. [] Ye~ No ~'~ Not Applicable 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. iii Yes iii No [] Not Applicable RECEZV~n APR 0 1 200~ BOARD OF APPEAL~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] NoI71 Not Applicnble Attach additional sheets if necessary PoHcy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~] No ~'] Not Applicable Created on 5/25/05 11:20 AM AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED APR 0 1 OO9 BOARD OF APPEALS WHEN TO USE THiS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL .~11 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: rlh Land Planning Services, Inc. 2) Address of Applicant: PO Box 551, East Marion, New York 11939-0551 3) Name of Land Owner (if other than applicant): Diane Manson & Amorv Millard 4) Address of Land Owner: 5) Description of Proposed Project: To use the existinq accessory structure/qaraqe as a Paintinq Studio. 6) Location of Property (road and tax map number): 495 Maple Lane; Orient, New York SCTM #: 1000-17-02-3.1 7) ls the parcel within an agricultural district? ~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [TINo I-lyes 9) Name and address of any owner(s) of land within the agricultural district containing achve farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) ThfiSIot numbers ~ay be obtained, in advance, when requested from the Office of the Planning Board at 765- 1 ~r~'8 or the Zgnilhg Board of Appeals at 765 - 1 ~09. ~' Sign~Elre of Ap~/cant Date Note: [/ 1. The local board will solicit corrzments fi'om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall b~ paid by thc applicant at the time thc application is submit/ed for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 IidABLE"I'O OWNER, CONTRACT VENDEE AND AGENT: The Town of §outhold's Code of Ethics prohibits conflic, ts of interest on the part of Town officers and employees. The purpose of this form is to provide reformation, which can alert the Town of ~__),_~mg m me name of someone else or r J .... , "' er person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance J Special Exception *Other ~-pproval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name tt~e activity: -- Do you perionally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, - ~~%e h~hb~nT~s.~_mte,,r~,~j "Busmes? mter~__t." re_cans aRelah°nsh~Pbusiness ineludinmCludes bYa ~-ee o s more than 5°/,- lBS - NO If you answered "yES,; complete the balance of this_£orm and date and sign where indicated. Name of person employed by the Town of gouthold: Title or position of that person: Describe that relationship between yOurself (the applicant, agent Or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or deserihe the relationship in the space provided. apply):The Town officer or employee or his or hen spouse, sibling, parent, or child is (check all that A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corpomtidn); B) the legal or beneficial owner of an~, interest in a non-corporate entity (when the applicant is not a corporation); _.. C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. ATIONSHIP ~PPEAf.S BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tor~ora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road RECEIVED EO. Box 1179 Southold, NY 119714}959 APB0 1Z0{~t' (col) 765-1809 Fax (63 ) 765-90 4 BOARD OF APPEALS http://sout holdtown.nor t h fork. net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 12, 2004 Appl. NO. 5462 - EDWIN and LAURIE REEV~.~ Property Location: 495 Maple Lane, Orient; CTM 17-2-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visite¢ 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 89,140 sq. ft. parcel has frontage along three rights~of-way: (a) 380.35 feet along the southerly property line and 25-ft. wide right-of-way, (b) 283.51 feet along the easterly lot line and 25 ft. wide right-of-way; (c) 448.79 lin. ff. along the northerly property line and 25 ft. wide right-of-way. The parcel is improved with a two-story frame house with deck, accessory swimming pool, accessory covered concrete patio, and accessory garage, as shown on the August 22, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's July 3, 2003, Notice of Disapproval, amended September 23, 2003,.citing Section 100-30A.4 (ref. 100-33) in its denial of a building permit application concerning the location of a garage proposed in a yard Other than the code-required rear yard. · FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this applicatiOn on January 22, 2004, 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: AREA VARIANCE RELIEF REQUESTFD: Applicants wish to construct a 36' x 34' accessory garage at 50+- feet from the northerly front lot line, 40+- feet from the closest edge of the northerly right-Of-way, 147+Jfeet from the easterly lot line, 133+- feet from the southerly lot line, as shown on the August 22, 2003 map prepared by Peconic Surveyors, P.C ADDITIONAL INFORMATION: Before the dose of the January 22, 2004 public headng, the Board indicated that the code limitation is i8 feet fora.an average heighL and that the proposed average height meets this requirement as designed with an average height of 18 feet, as shown on the October 27, 2003 construction diagrams prepared by Eileee Santore, Residential Designer. was an area that could be modified by the Board In Its deliberations and decision. Any other plan for an alternative lower height would be mare In keeping. The applicants' conceptual diagram submitted February 6, 2004 lowers the mean height to 15.5 feet, which I$ also acceptable. - · · Pag~ 2 - February 12, 2004 O Appl. No. 5462 - Edwin and Laurie Reeves CTM 17-2-3.1 at Orient REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a~detriment to nearby properties. The garage will be in a front yard, near center between the westerly and easterly lot lines, at 40+- feet from the closest edge of the right-of-way or front setback line, {~nd 50+- feet to the applicant's deeded property line bordering this unimproved 25 ft. wide right-of-way. The proposed garage is at least 133 feet from the south, west and east property lines as shown on the August 22, 2003 map prepared by Peconic Surveyors, P.C. The 36' x 34' garage will be a barn-style, detached from the house. After the applicants reconsidered their initial plan with a floor elevation 59 feet (above MSL), the applicants offered information from their engineer to indicate changes were possible in the garage plan to reduce the floor elevation to only 55 feet, and indicated they would accept alternative relief, by reducing the mean height from 18 feet to not less than 15.5 ff., and roduclng the height to the top of the ridge from 24 I~eet to 21 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is surrounded on three sides by pdvate rights-of-way. A swimming pool and sanitary system are located in the rear yard, which rear yard would also be'raquired for the location of an accessory garage. 3..The relief gran.ted is substantial. Although there are three front yard areas lhat encompass a major portion of al~plicant's land, the code requirement is to locate an accessory building in the rear yard. The rear y~ard was determined by the Building DePartment to be westerly of applicant's dwelling, where the swimming pool and sanitary system exist~ 4. The difficulty Was created with the location of three (3) rights-of-way which border this large parcel and the topOgraphy of the land. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse i~npact on the physical or environmental conditions in the neighborhood, The accessory garage will provide for additional indoor storage (for the owners' boats, vehicles and/or other personal items) instead of outside storage, The alternative average height at 15.5 feet, with a maximum of 21 feet to the top of the ridge, will alleviate the line of sight Concerns to property located south of the applicants' property. 6. Grant of the aitemative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage, while preserving and protecting the CharaCter of the neighborhood and the health, safety and welfare of the community. · ' Page~3 - February 12, 2004 O Appl. No. 5462 - Edwin and Laurie Reeves CTM 17-2-3.1 at Orient F~ESOLUTION OF THE BOARi'): In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Orlando, and duly carried, to DENY the r~equested height at 24 ft. to the top of the ridge, and to GRANT ALTERNATIVE RELIEF to locate the accessory garage in the front yard area, as shown on the August 22, 2003 map prepared by Peconic Surveyors, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the height to the top of the ridge from grade not exceed 21 feet; 2. That the average height Eom grade not exceed 15.5 feet. This action does not authorize or condone any current or future use, selback 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Horning, and Orlando. (Member Tortora abstained. (Member Goehringer was ent.) Thi Res ' n was duly adopted Ru~ D. Oliva, Chairwoman 3/3/04 Approved for Filing WAY N/O/F LONG BEACH COMt4~IERS OLD ¢~-ME rely · , - ..... / ; ; , ~IA Y t~INEDy ANDRA ~. ~EORG"'E H. ROWSOM FORM NO. 4 TOWN OF SOUTSOLD BUILDING DEP~T~NT Office of the Building Inspector Town Hall Southold, N.Y. RECEXVED APR 0 1 009 B~D OF APPI[~L$ CERTIFICATE OF OCCUP~/~CY NO: Z/30839 Date: 03/31/05 THIS CERTIFIES that the building ACCESSORY I~Dcation of Pretty: 495 MAPLE L~% ORIENT (SOUSE NO.) (STREET) (HAMLET) Coua%ty Ta~p No. 473889 Section 17 Bl~k 2 Lot 3.1 Subdivision Filed Map No. ~ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 14t 2004 pursl~Ut to ~ic/l Building Permit No. 30328-Z dated MAy 1~ 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is NON-HABITABLE, UNHEATED ACCESSORY TWO CAR GARAGE WITH UNFINISHED ATTIC AS APPLIED FOR PER ZBA %5462 DATED 2/12/4. The certificate is issued to EDWIN K REEVES (OWNER) of the aforesaid building. SUFFO~KCOI~NTY~PAR~%q~NTOFHEALTHAPPRO~ N/A ~ ~IFICATW~J. 2039381 PLI~IRS C]~TIFICATIONDAT~D ol/21/o5 Rev. 1/81 TOWN SO~ NY 11971 TEL: (~3t) FAX: (/31) Ex~ai~d ., 20.. Approved ,20 Di~,l~'°ved ~/c Expiratiou ,20 RECEIVED APR 0 1 ~Q09 PEALS BUILDING P]~'flT APPLICATION CHECKLIST Do you ha~e or 3 s~s of R~gtdi~ Pimps.. Plam~8 ~ ~mv~ ,, N.Y.S.D.E.C. T~ Mail to: Pho~: Building l~spector APPLICATION FOR B~/ILDE~G PE~ INSTRUCTIONS a. TI~ ~ MUST be company fill~d in by typewriter or in ink and sutmail'~ to tke Building inspe~or with 3 se~s of plem, ~ plot plan m sea~. Fee accard~ to schea~e. b. Plot plan ~ location of lot and of buildir~ on prmnises, r~lationship lo a~oi~i~ ~ or public stre~ or c. The work oov~tld by ~ ~ may not be aom~ed b~'ore iss~ of B'aiMi~ P~mit. d. Upon z~proval of ~is appli~ the Building lmp~or will ~ a Btgl4i~ Permi~ to tim ap~m~. Such a permit shall be kept on the ~ available for ~ ~ut the work. e. No b~il~ stroll l~e occupied or ~ in whole or in part for lmy purpose what so ever tm~ the B~ildi~ Ir~p~Ctor issues a f. Every bvildi~ permit ~!! expire if tae work atghorized ha~ not commen~d wilt~ 12 m~mths atter the taie of property have b~a ~ m the latin'lin, the l~,gldit~ Inspector may authorize, in wnimg, the e~ of the permit for an APPLICATION IS ~Y MADE to tt~ ~ild~ I~ for the i~ of a B~il~i~ Pl.-mit tzarsuaat to the Baildiz~ Zone ~ of tim Town of ~ uahotd, Suffolk Coumy, N~v York, ~ oth~ ~ L~w~, ~es or P.~om, for the oo~mactlon of beU~i~s, additiom, or aheratiom or For removal or iemotition ss ~ described. The applicator sSr~s to c~a~ply with alt ~ laws, ordinates, bvilding oode, ho~in8 c~de, aIxl r~ulatioas, ~ to admit at~horized iaspector~ on pr~mises a~d in lmildiug for ~ecessery ir~p, ectiom. '--..~, (Sii-:-:=. Of ~ or mine, ff a corporation) State whetlmr alrplhmo~t is owner, levee, agent, architect, e~gme~., ~eneral contractor, el~clricimz, ph,~nber or builder (A~ o~ ~h~ t~x roll or I~ if ~t~li~,m i~ · ~-~on, ~a~'~ of duty ~uthoriz~ officer Builders ~ No. Plumbers Lioens~ No. Eh~Widam Li~ms~ No., Otimr Tra&'s Lic~me No. 1. Loc~tio~ oft~t o~ whi~ propos~ work will be done: House Nm~ber Street CouatyTax Map No, 1000 Section J7 Block _~ Lot s~tivisic~ ~:~ ~ ~ No. - ~e) S. Dimmmem of m~l~ a~w ~ l~ro~ 9. sm ~bt: 10; Ome of l~,~ime Name of F~.m~ 13. Willlot~re.lra~e~Yl~ N'O.. ,,, Wflle~aeaefr. ii~mmoved.~~?y.g8 ..... NO ¢ 17. If~ at m~yl~ll om la, elm~ ~t 10 feet or below, m~ l~.~tide~ dina om mawey' STATI~ Oir ~ YOltK) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT RECE~ED 0 1 09 BOARD OF APPEALs (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34124 Z Date AUGUST 28, 2008 Permission is hereby granted to: MANSONAND MILLARD 495 MAPLE LANE ORIENT,NY 11957 for : ALTERATIONS TO AN EXISTING ACCESSORY GARAGE AS APPLIED FOR (WINDOWS AND DOORS) at pr-m~ses located at 495 MAPLE LA County Tax Map No. 473889 Section 017 Block 0002 ORIENT Lot No. 003.001 pursuant to application dated JULY 24, 2008 and approved by the Building Inspector to expire on FEBRUARY ~~/-- '~ Rev. 5/8/02 COPY Land Planning Services Golf View Court - PO Box 551 - East Marion, NY 11939-0551 Tel: 631.477.2814 · Fax: 631.477.2816 Email: rlhLPSinc~optonline.net · W'ebs[te: vvww. rlhLPSinc.com RECEIVED March 25, 2009 APR 0 BOARD OF APP£AI~ re: Coverage Calculations Zoning Board Appeal for Manson & Millard 495 Maple Lane Orient, New York $CTM #; 1000-17-02-3.1 With respect to the above referenced property, it is an. 89,140 square foot parcel with the following structures: 1. A two-story frame House with less than a 2,244.72 foot print; 2. A 21.9'x 23.3' frame garage (510.27 square feet foot print); 3. A 34.6' x 36.7' Accessory building with attic (1,269.82 square feet foot print); and 4. A 17.9' x 35.8' pool (640.82 square feet foot print). The total square footage of the property occupied bY impervious surfaces is, using the number above, 4,665.63 square feet. This is based on a survey by Peconic Surveyors, P.C., dated last revised 11Dec06. Given the zoning of the property (R-40), the maximum percentage of the property able to be occupied by impervious surfaces is 20 percent. · Twenty (20) percent of 89,140 is 17,828 square feet. · 4,665.63 square feet is 5.2340 percent of the total square footage of the property. The Lot Coverage is less than twenty (20) ~ercent. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 7, 2009 Zoning Appeal No. 6298 Transmitted herewith is Zoning Appeals No. 6298 of rlh Land Planning Services~ Inc. for Diane Manson & Amory Millard- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Agricultural Data Statement, 5 Pages of Findings, Deliberations & Determinations from Board of Appeals Dated February 12, 2004, Certificate of Occupancy for Accessory Building Permit #Z-30839 Dated 3/31/05, Copy of Application for Building Permit Dated July 16, 2008, Notice of Disapproval from Building Department Amended & Renewed January 26, 2009, Building Permit for Alterations to Existing Accessory Garage Permit #34124 Z Dated August 28, 2008, Copy of Tax Map with Property Highlighted, Authorization Letter from Amory Millard to rlh Land Planning Service to Represent them in this Matter, 2 Page Copy of Property Record Card, 1 Page of Photos of Property Showing Different Sides, Letter fi.om rib Stating Foot Print & Lot Coverage of Building on Property, Copy of Survey Showing Existing Construction on Property Dated December 11, 2006 Prepared by Peconic Surveyors, PC, 3 Pages of Drawing Showing Elevations & Floor Plans Dated October 31, 2008 Prepared by Billings Turoff, Architects. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4-2-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6298 MANSON, D. & #1903 $400.00 MILLARD, A. #1950 $200.00 TOTAL $6oo.oo Sent via Inter-Office to Town Clerk by: pmk Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/03/09 * * * RECEIPT * * * ReceiptS: 44655 Transaction(s): 1 1 Application Fees Reference Subtotal 6298 $600.00 Check#: 1903/1905 Total Paid: $600.00 Name: RIh, Land Planning Services Inc 8595a Cox Lane, Unit #7 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6298 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. 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, JULY 30, 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, JULY 30~ 2009: 10:15 A.M. DIANE MANSON and AMORY MILLARD #6298. Location of Property: 495 Maple Lane, Orient; CTM 17-2-3.1. Requests for Variances under Sections 280-13C and 280-122, based on an application for a building permit to construct additions and alterations to an existing accessory building (currently a garage) and proposing to convert the existing garage, with or without the proposed additions, to an art studio or habitable space which is not a permitted use in accessory buildings. The Building Inspector's January 26, 2009 amended Notice of Disapproval reasons for disapproving the application are: {1) the existing accessory garage is located in a front yard as per Variance #5462 issued 2/12/2004; under ZBA Zoning Code Interpretation # 5039 0Nalz), the proposed additions and alterations will constitute an increase in the degree of nonconformance, and (2) theproposed layout of the building appears to create habitable space, which is not permit{ed in accessory buildings. The Board of Appeals will hear all persons or their representatives desiring to be heard at each hearing, and/or des r ng to subm t wr tten statements before the conclus on of each hear ng. Each hear ng w II not start earl er 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: June 26, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS), Box 1179 Southold, NY 11971-0959 Bo^.D OF APPE^LS 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: htlp://southtown.north fork.net June 29,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, July 30, 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 July 9th 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 ant 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 addrdss 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 arrangements were made in either a written statement, or durin.q the hearinq, providinq the returned letter to us as soon as possible; AND not later tha~iJulY 10th: Please either mail Or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. 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 Jul~ 22nd: 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;ithan 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 Postinq for receipt by our office before July 28, 2009. if you are not able t:0 meet the deadlines stated in this letter, please contact us promptly. Thank you for your coope~tion. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #9372 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Sworn to before me this LEGAL NOTICE SOUTIIOLD TOWN ZONING BOARI) OF APPEALS 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 16th day of July, 2009. Principal Clerk t dayo, 2009 NOfAR¥ PUB[IC-$?^TE OF NEW YO~K No, O1 V06105050 Quollfle~ in SuHolk County tion will be: NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MANSON & MILLARD # 6298 MAP #: 17-2-3.1 VARIANCES: CONVERT USE TO ART STUDIO; LOT COVERAGE REQUEST: ENLARGE & ALTER, CHANGE OF USE IN ACCESSORY BUILDING DATE: THURS, JULY 30, 2009 10:15 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name' of Applicants) CTM. Par , #q 000- 1'7 ' 2_ - 3, I 3UL 0 9 BOARD Of APPF.,M~ AFFIDAVIT OF MAILINGS COUNq'Y OF SUFFOLK) STATE OF NEW YORK) ~U'~%~ , New Yor~ being duly sworn, depose and say that: ~ ,200'9 I personally mailed at the ~ On the day of ~';.~ United States Post O~ in ~ ~ , New Yor~ by CERTIFIED MAIL, RETURN RECEIPT REQOESTED, a t~e ~py of the atta~ed Legal Notice i~ prepaid envelopes address~ to cu~nt owners shown on ~e ~rrent ( ) Coun~ Real PropeRy O~ce '~~~'" , for eve~ prope~y which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding the applican~ ' . ~ (Signature) ~Swom to before me this H0ta~ Public, State Of New~ Term ~pires July 7, 20 PLEASE list, on the back of this ~davit or on a sheet of paper, the ot numbers next to the owne~ names and addresses for'which notices were mailed. ~ank you, ZONING BOARD Of APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name o"¢Appl) .~cant) JUL 29 2009 .. ~ AFFIDAVIT · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- iq ?--'$,1' -x cou. , ow su Fo,K) STATE OF NEW YORK) _~1, ~__~Cjr~yO2._~TO?SC.~.- , residingat ~ Le~ , New York, being duly sworn, depose and say that: On the ~.~_.. day of ~'t3/,.~ ,200c~, I pe~-sonally placed the Town's official PoSter, with the date6f headng and nature of my appli~.ation · '.noted thereon Se'curely upon my property, located ten(lO) 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 E[.j,or. to the date of the subject hearing date, whi~e~a~n.g d~ate~s _s.h~o ~w~ to be J (Signature) (~v~n to before m.e this .~. ' (N{Itary Public) LYNDA M'BeHN- NOTARY PUBLIC, State of New York NO. 01 BO6020932, Suffolk Coynt¥ Term Expires M~rch 8, 2Q...~ *near the entrance or driveway entrance of my properly, as the area most visible to passersby. · Complete items 1, 2, 3 complete item 4 if Restricted Delivery is desired. · Print your name and address on the ~everse 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. B. Received b [] Agent C. Date of Daiive~ []Yes [] No JUL !'7 20[}9 4. Restricted Delive~j? (F_xtta Fee) [] Yes 7009 0820 0001 7820 5227 PS Form 381 1, February 2004 Domestic Return Receipt 102595-O2-M-154O · Complete items 1, 2, and 3. Also complete Item 4 if Restricted DeIiv?y is desired. · Pdnt your name and address on the mverca 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: :3 No I ~rUfed Mall [] Express M~I 2. ,~tlcle Number (Transfer fn3m service label) 7009 0820 0001 7820 5210 · Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desired. · Print your name and address on the reveme so that we can r~urn the card to you. · Attach this card to the bank of the maJlpiece, or on the front if space permits. 1. Article Addmssed to: n yo k, n.y. 2. ArUcle Number (Transfer from sero'ce ~ : PS Fo~ 3811, Februa~ 20~ B. Rsceiv~d by (t:~nted Name) D. Is delivery address different fforn Eern 17~ J~ 3. Service Type [] Certified Mall [] Expres~ Mall [] Registered [] Retum Receipt for Merchandise r-i Insured Mail I-I C.O.D. 4. Resbtcted Delive~? ~ Fee) I'1 Yes 7009 082[ DDD1 7620 5180 Domestic Return Receipt 102595~2-M-1540 O F~}~.. · Complete items 1,2, and 3. Nso complete item 4 if Restricted Detlvery 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. Attiaie Addressed to: 7009 0820 0001 7820 5234 PS Form 3811, February 2004 Domestic Return Receipt Comptete items 1,2, and 3. Alan complete · item 4 if Restricted Deliv_ery ts 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 mallp~eca, or on the front if space permits. 1. Artiaie AddreSsed to: from ~em 17 Is daiNery if YES, enter daiive~ address below: /'/9 ~Certtt~d Malt ~ for Merchandise 1-1 Registered I'1 Insumcl Mall Restricted Detivery? l i"l yes__ 0820 0001 7820 5197 PS Form 3811, February 2004 Domestic Return Receipt 102595-02 M 1540 09/1 Re um Receipt Fee (EndorSement Required) rl Restr cted Delivery Fee (EndorSement Requ red) rtl ¢o Total postage & Fees ~ [%~..~.......~;--~--.-~--~ ........................ Street, Apt. NO.;~ postage Certified Fee m ""1 ~~C~AL USE $O.&l 0~?1 Postmark H~re SHiP MODELS MARINE PRINTS - NAUTICAL ANTIQUES S.T. PRESTON & SON. Inc .... .... .._ .£F_~AX) 631-477-8541 July 20, 2009 Gerald P Goe~inger Southold Tom Bo~d of Appeals PO Box 1179 Southold, NY 11971-0959 RE: Appeal #6298 Dear Mr Goeghinger: With reference to the appeal by Diane Manson and Amory Millard, I have no objection to the conversion of the garage to an artist's studio with bathroom facilities. When the original variance to construct the building was requested, we were assured by the Reeves that it would not be used for living quarters. It is my understanding the same assurances have been given by Diane and Amory, Cordially, Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 3, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #~298 Owner/Applicant: Manson, D. & Millard, A. Action Requested: Yard Location ~= n~,,-.. ~,~,,,,,~e,~,t, ~_ Within 500 feet of: (x) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Cha.,/~nBy' .,~/-~ff~,;,-'~a~ ~, Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtowmnorthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Maili~!g Ad_dressy: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: SENDER'S TELEPHONE NUMBER: 765-1809 &ress 1 at voice record) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............. NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: TRANSmiSSION ~RI~I~ATIO~ REPORT ~N~DO~ARPE~LS 6317~5~ ~17~0~ 000HTN155886 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 88/28 08:56 88:80:4§ 88 NG STANDARD NG: POOR LINE CONDITION 17_-2-14 RPS Vets on 4 - iow ~ RECEIVED BOARD OF APPEALS ~ccessory b[ruc~ure ~arage Painting Studio Storage N SUlqVEY OF PROPERTY A T ORIENT TO~fN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-17-02-3.1 SCAL~? 1~0' AUGUST 22, 200J ~ ~0o6 (CERTIFICATION) MAIN ROAD 25' I WAY (~.~.. £5) N/O/F LONG BEACH COMMONERS OLD CEMETERY ~ N89'55'50"E 280. 75' ANORA ~ GEORGE H. ROWSOM N/O/F BARBARA JEWLER & dA y t~ENNED y CERTIFIED TO , AMORY H. MILLARD ~ DIANE MAN$ON FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK WELLS FARGO BANK~ N.A. N/O/F /tAROLD L. & KATHLEEN PART, ON 3 ELEVATIONS REFER'ENCED TO AN ASSUMED DATUM. [] = MONUMENT ~= PiPE AREA=89, 140 SQ. FT, KS. L/C, NO, 49618 FAX (651) 765-1797 ........ I iiHOSE SIGNATUR£ APPEARS tiLREON. SOUTHOLD, N. K 11971