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Home My WebLink About6306 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) 765-1509 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, DECISION MEETING OF SEPTEMBER 22, 2009 RECEIVED + "SEP 2 9 2009 $o-lhohl lown Clef[ ZBA FILE # 6306 and # 6330 NAME OF APPLICANT: KELLY MYERS PROPERTY LOCATION: 1730 Deep Hole Drive, Mattituck CTM 115-12-23.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application 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 July 6, 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 applicant's property is nonconforming with 8,480 square feet, 50 feet along Deep Hole Drive, 169.80 feet along the south/east property line and 50 feet along a bull~'head at Deep Hole Creek, as shown on the May 29, 2008 survey prepared by John C. Ehlers. ~ BASIS OF APPLICATION: #6306 - Requests for Variances from Zoning Code Section 280-124, based on the Building Inspector's March 25, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less thah 25 feet. # 6332 - Amended Request for additional Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. LWRP DETERMINATION: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this Department, as well as the records available to Page 2 - September 22, 2009 ZBA # 6306 and # 6330 - Kelly Myers, Applicant Property Location: 1739 Deep Hole Drive, Mattituck CTM 115-12-23.2 us, it is our recommendation that the proposed action is consistent with LVVRP policy standards and therefore is consistent with the LWRP. Confirming a recommendation of Consistency, the Town LVVRP Coordination submitted a letter dated August 17, 2009 to the ZBA. RELIEF REQUESTED: The applicant proposes to construct a new 633 square foot wooden deck attached to the rear of their existing single family dwelling maintaining the pre-existing non-conforming single side yard of 8 feet where the code requires a minimum of 10 feet, a total combined side yard of 18 feet where the code requires a minimum combined side yard of 25 feet, a lot coverage proposed at 21.4% where the code permits a maximum of 20%, and a setback from the bUlkhead of 57.08 feet from the bulkhead along Deep Hole Creek, where the code requires a minimum of 75 feet. AMENDED APPLICATION: During the hearing on August 27, 2009, the applicant was asked to bring the plan into more conformity with the code. The applicant on 9/11/09 submitted a revised site plan dated 8/30/09 increasing the setback from the bulkhead to 59.75 ft. from the proposed raised deck and 55.5 feet from the closest edge of the steps to the deck, reducing the deck by 31 sq. ft. to 602 sq:. ft. thereby reducing the proposed lot coverage to 20.9% and bringing the plan into more conformity with the codes. 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 variances in the amended application will not produce an undesir',able change in the character of the neighborhood or a detriment to nearby properties. The prO'posed deck is not visible from the street and decks in rear yards on these waterfront properties are typical in this area. 2. Town Law §267~b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible foi; the applicant to pursue, other than an area variance because the house has pre-existing non'confirming side yards setbacks so any additional construction will require a variance. 3. Town Law §267:b(3)(b)(3). The variance granted herein are not substantial with regard to the maintenance of:the pre-existing non-conforming single side yard and total side yards and the lot coverage which is less than one percent beyond the code, for a total of 20.9%. The proposed setback frbm the bulkhead is a 20% variance and is substantial. 4. Town Law §267,b(3)(b)(5The difficulty has not been self-created in that the location form the bulkhead of the existing house does not permit the construction of a confirming deck that is of a reasonable size. 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 proposed deck is consistent with the LVVRP, and has Trustee approval conditioned with no use of CCA timber. Page 3 - September 22, 2009 ZBA # 6306 and # 6330:- Kelly Myers, Applicant Property Location: 1730 Deep Hole Drive, Mattituck CTM 115-12-23.2 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to GRANT the Variances as applied for, and shown on the revised plan dated 8-30-09 by Peconic Permit Expediting, Sheet A-l, subject to the following Condition: 1. The deck shall remain open to the sky. That the above condition be written into the Building InspectoFs Certificate of Occupancy, when issued. Any deviation from ~t. he 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 properly 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 hot increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Ch~, We,,i~ (Absent was Member Horning.) This Resol~ff /G era r.~t4~¢. Goeh ringer, Chairman /,.~ oved for Filing n~neider. 2£/2009 ~¢x~,?'~'~-~ x c°c~' MYERS RESIDENCE ·~,%~?¢.%~ ~' ~ I"%'"'",,, 5-5, ~ 1730 DEEP HOLE DroVE ~~,)~~~~.--'"" S.C.T.M. ~ 1000 - 115-12-23.2 , ~VISIONS: DATE: A5 PER ZDA 8-30-O~ EXISTING DECK TO DE REMOVED AND REPLACED WITH PROPOSED +/- GO2 5.P . DE ~ ~ ~AR ELEVATION '~ ' OSS~G, ~ 10562 Phone: 914.762.6072 I F~: 914.801.4167 ~ TIIESE PLANS AND SPECiFCATIONS ARE ~STRUMENTS OF SERVICE ~ N~ WOO~ ~ILING ~ND ~ T~ PROPERTY OF PECON[C PER~I' EXPEDIT~G SITE PLAN SCALE: I "= 20' ~ DATE: %9-09 ~ ~ DR. BY: RWL SITE ~D ZON~G DATA ZONING R~OUIR~MENT~ R-40 ~ ~TING COND(TION~ ~ROBO~ED CONSTRUCTION ~~ I~ I~~ CHKD: J.S. kOT AREA D, 4SO ~.P. D, ~&O ~.~. ERONT YArD B~BACR 3~.0 ~ ~2. 3' ~, 52. 3' ~ RRARYAKD SETBACK 35.0 ~ 82. g ~. 5~. 75 ~. 51DE YARD 5~T~ACK I 0.0 ~ 8. 0 ~. 8. 0 ~. TOTAL ~ BOT~ SIDE5 25.0 ~ I 8. 0 ~ I 8. 0 ~ ~ au~, 7'-O" ~ a' ~" M~. GR055 ~LOOR AREA 20% I ~ 72 5.~ ~ 3.8% 1774 S.~. 20. ~% 32'-4" M~IMUM ~DQ~T 3~.0' ~ 20. O' ~ 20. 0~ ~.** ** .o ***. ....***, .~**~.,,o., .,~,.., ...,o. ~***,...o...o,.,***o..~,* DECK PLAN 0813 A- 1 SCALE: SITE AND ZON1NG DATA ZONING REQUIREMENTB R-40 POllUTING CONDITIONS PROPOSED CONSTRUCTION AS PER 200 - [ 24 LOT AREA 8,480 5.P. FRONT YARD 5~TSACK 35.0 FI 52. 3' ~. 52. 3' RdARYARD SETBACK 35.0 ~ ~2. g ~. 5~. 75 SlOE YARD SETBACK I O.O ~ 8. O ~. TOTAL ~ ~OTD SIDED 25.0 ~ I ~. 0 ~ I M~. G~05~ FLO0~ AREA 20% [ 172 5.F ~ 3.8% 1774 5,ff. 20. M~XIMUM HEIGHT ~5.0' ~ 20. O' ~ 20. 51TUATE: HATTITUGK TOI,",~I.. SUFFOLK C, OUNTY, N'I' DOUGLA~ MYER~ & la~ X MYEI~ ~OARD OF ApPER, I..~ PIPE FOUND 5450 5. F. O.Iq4-/ A~re5 (,,ONTOgR:~ I~..t 'EI~I/N~H N~VP '2q PATUI"I ~RA~HIG 5(_,ALE I"= N 6 EAST MA1N STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqserver~pros\08\08-152.pro FORM NO. 3 NOTICE OF DISAPPROVAL TO: Rob Lehnert for Kelly Myers 32645 Main Rd. Cutchogue, NY 11935 ded: 8/12/0~0'-~' ~_ Please take notice that your application dated March 13, 2009 For an addition to an existing single family dwelling at Location of property 1730 Deep Hole Dr., Mattituck, NY County Tax Map No. 1000 - Section 115 Block 12 Lot 23.2 Is returned herewith and disapproved on the following grounds: The proposed addition on this non-conforming 8,480 sq. fi. lot, is not permitted pursuant to Article XXIII Section 280-12463 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. ft., the required side yard setbacks are 10' & 25' combined. The proposed addition indicates side yard setbacks of 8' & 18' combined. *In addition, the proposed addition is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed deck addition is indicated at 57' t~om the bulkhead. Also, the required lot coverage is 20%. The proposed construction indicates a lot coverage of 21.4%. This Notice of Disapproval was written based on the site plan of OS Design~ dated 3- 9-9. Authorized Signature/-) TO: Rob Lehnert for Kelly Myers 32645 Main Rd. Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL ~ Pt? 3 0 2009 BO~IRD O~ DATE: March 25, 2009 '~PPE4t.$ Please take notice that your application dated March 13, 2009 For an addition to an existing single family dwelling at Location of property 1730 Deep Hole Dr., Mattituck, NY County Tax Map No. 1000-Sectinn 115 Block 12 Lot 23,2 Is returned herewith and disapproved on the following grounds: The proposed addition on this non-conforming 8,480 square ft. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10. For lots less than 20,000 sq. ft. the required side yard setback is 10' and 25'combined The proposed addition indicates side yard setbacks of 8' & 18' combined. Also, the required lot coverage is 20%. The proposed construction indicates a lot coverage of 21.4%. This Notice of Disapproval was written based on the site plan of OS Design, dated 3 9-9. Authorized Signature SOIL A~D WATER CONSERVATION DISTRICT FAX: (631) 727-3160 July 6, 2009 Chairman Gerard Goehringer Board of' Appeals Town of Southold P.O. Box 1179 Southold, New York 11971-0959 COUNTY OF SUFFOLK Steve Levy SUFFOLK COUNTY EXBCUTI%~ Paul A. Te~e~h~is DISTRICT MANAGER (631)727-2315 x3 RE: ZBA File REF. No 6306 (Myers) Dear Chairman Goehringer: As requested, a site review was conducted at 1730 Deep Hole Drive in Mattituck on July 2, 2009. The site was evaluated for potential natural resource concerns regarding the construction of a rear deck. The home is fitted with gutters and downspouts that outlet into drywells. The rear yard slopes towards Deep Hole Creek with a slope of approximately twelve percent and is vegetated with grass and a few large trees. There exists an old wooden bulkhead protecting the property's shoreline; the top of the bulkhead is un- vegetated sand which is nearly level. There is no beach front seaward of the bulkhead; high tide does not appear to rise above the bulkhead. The bulkhead was in stabile condition and there was no active erosion on the property at the time of the site visit. It is advised to plant the top of the bulkhead with 'Cape' American Beachgrass and 'Avalon' Saltmeadow Cordgrass, leaving apath leading to the floating dock. Planting the top of the bulkhead will help prevent any possible future erosion, such as that from storm surges. No natural resource concerns were observed at the above property with regard to the proposed construction of a rear deck. If you require further assistance in this matter please don't hesitate to contact our office. Best regards, District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman May14,2009 Dear Mr. Goeringcr: 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 Hamilton Ciaglo Conn011y Chemushka (c/o Amy Martin) Bloethe Wenk (c/o Mark Schwatz) Franke (c/o Amy Martin) Myers (c/o Peconic Permit Expediting) Shinn Vineyard, LLC Severini MunicipaIFileNumhers 6299 6300 6301 6302 6303 6304 6305 6306 6308 6309 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appe~,e~s From: Mark Terry, Principal Planner -~, )~ LWRP Coordinator~~' RECEZVED AO~ 1 8 ~009 ~OARD OF APPEAL,~ Date: August 17, 2009 Re~ ZBA file Ref. No. 6330 (Kelly Myer) Location: 1730 Deep Hole Drive, Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). The proposed action is an request for Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. On April 22, 2009 the Southold Board of Trustees issued a permit for the proposed action with the following condition (in part): 1. Non-treated lumber shall be used in construction of the deck. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Figure 1. Subject parcel shown 'at arrow terminus. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Views of 1730 Deep Hole Drive I Fee: $ Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARDn~OF APPEALS For Office Use Only ./33 I. -- Filed By: Date Assigned/Assignment No. ~"~(_ ~¢Z.O O. ~.~,,-t ~a ~ s o :oo9 HouseNo.1730 Street 0~¢,/Y /-//t,/~ 0/'/t~e~ Hamlet /J/~J,~s,C A SCTM 1000 Section//5' Block/~ Lot(s) ~. ~. Lot Size fft~o~'O 5~t: Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~--~3- - D~ BASED ON MAP DATED ~ - 9 ° ~9~ Applicant(s)/Owner(s): ~ / Jr' ~/~'~ rS ! Telephone: Fax #: Emaii: NOTE: In addition to the above, please complete below if application is signed by applicant s attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: P~'~/~t~ fg¢~tJ ~:~Wa~/r~ for (X~ Owner, or ( ) Other: Agent's Address: ~.2/'q..g" /V~,r~ /~p~d ) ~/(5~/to_~,~/d//~' Please check box to specify who you ~isA correspondence to be mailed to, from the abo~e names: [] Applicant/Owner(s), or ~Authorized Representative, or E] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~- q-t9 ~ and DENIED AN APPLICATION DATED ~- O ~ FOR: JS~Building Permit [] Certificate of Occupancy 13 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXX/~ Section 280- /,,~ ~ Subsection Type of Appeal. An Appeal is made for: ~ 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 pr_.~or appeal~thas, J~has not been made at any time with respect to this property, UNDER Appeal No~X' earl ['~{$~ (Please be sure to research before completing this question or call our office for assi~ta~ce.) - ~- ;~ Name of Owner: ~ File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: APR 3 0 2009 I~OARD OF ApP~Ai.S (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ]~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~Jqo. [3 Yes (olease furnish coov). 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 weffare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQU~STE~D, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please ~~ ~~r Authorized Agent ~ m~fubmit written Authorization from Owner) Sworn to before me this / v - f K 4lb/ / ,E.. R. .¢o.E,,, Notary Pul~lic ~ NOTARY PUBLIC-STATE OF NEW YORK No. 02MC6151514 guallllecl In Suffolk County My commlsllon ExpUos August 0S, 2009 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: /~/~/~ fl~/~'~t'~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: /~.)(i.~ltt~5 e~t~C~ 'JtL~, 31- r) q 3 o II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /OfoAyffg~l/ z~'.~3 .~f-- ~'R' -]-~ft~'/- t~C~"', Dimensions of new second floor: v 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: III. Proposed Construction Description (Alterations or Structural Changes) (attach extta sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~'~'$ Square footage of your lot: Percentage of coverage of your lot by building area: 9 I, V. PurposeofNewConstruction: ~1~.~ 6/2 ~,t~, ~/(-~L~t.-/a/- t~/~/"[ 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): 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 FlIiNG WITIt YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ENo Are there any proposals to change or alter land contours? 18~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheade~ between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? }/~-5 Please confirm status of your inquiry or application with the Trustees: t0~-~adt n~ and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ?l/ff (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? ~ g~ 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? A/t9 If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel .~- and proposed use ~-~-~t~',~ (exan3g~: existing:~i~le-family; proposed: same with garage or pool, or other description.) ,~(:ll~or/~e and Date 2/05; 1/07 80ARD Ol~ ~ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAl, ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project kLformation (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name Iix / 3. Project ~cation: Municipality County 4. Precise location (Street address and road intemecfJons, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW (X~'EXPANSION ( ) MODIFICATION/ALTERATION 6. Descdbe project bdefiy: 7. Amount of land affected: Initially: acres; Ultimately: , Iq' , I,¢ acres Will proposed action compty with ex~sting or other existing land use restrictions:( ) YES ¢/~,) NO If No, describe bdefly: 9. What is present land use in vicinity of project: (describe): ()<~Residential ( )lndustdal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. 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) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (,~NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing perrniFapproval require modification? I( ) YES (,X~.NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge 05/01/2009 15:21 63176591]~ ZONINGBDOFAPP~ PAGE 82/82 AGRICULTURAL DATA STATENUENT ZONING BOARD OF APPEALS TOWN OF $OUTHOLD ~ TO USE TI. ZIg FORM: The form mt~t be completed by the 6pplicantfor any special usepermit, site plan a2~prova~ use variance, or subdivtston apprm al on property within an agricultural district OR within 500 feet of a farm Oper~ion loaated in agricultural distr~ All appllcatlous requiring an agricultural data stattrnent must be r~f~ed to the Suffolk County Department of Planning in accordance with sections 239- m and 259~n of the General Municipal Law. ~) Naine of Applicant: · 2)Addr~ssofApplicant: q'~"' zg~,~X ,~t,~ , ~/3,,/c P,~n~,/t~X ~ 3)NarneofLandOwn~r(ifothert-~anapplicant): ~'el/-~' gl~-¢e~ ' ' 5) Des~ri~fionofProposedPmjeet: ' f r~ ~ ~ /~ { 3 .~- 6)Loca~onofProper(y(roadandtaxmapnumber):1750 0~ ffo]a ~/~ , ~f/17 ~/~-II~--I~-- ~3,. 7) ls the parcel wkMn aa agricultural dis~ct? ~No [] Yes/lyes, Agricultural District Number 8) Is th~s'garcel actively farmed? ~No t-~Yes 9) Name and add, ss of a~y owner(s) of land within the agficulWtral district containing active far~ op~afion(s) ]oaated 500 feet of thc boundary of the proposed project. (Information may be available through the Town Assessor~ Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations ~y viewing the parcel numbers on the Town of Southold Real Property Tax System. Name a~d Addres~ (P]ease use back side of page if more ~ six propk-rty owners are identified.) The lot numbers may be obtained, in. advance, when requested from the Office of the Planning Board at 765- ~"~'gi~/~ ~ant Date NOt~; l. Thc local boani will solidi comma'als fi'om the owllers of land id~tifi~ above in order to consider the effect of thc propos~ aaion on their farm operation. Solicitation will be rome by supplying a copy of thLs statcment 2, Comments returned to tile IocE boerd will bc taken into consideration as part of thc ovaral] review of this application. 3. The clerk to the local board is msp~sibl~ for sending copies of the completcd Agrieultmal Data Statement to ti~e property owners id~ntifid above. Th~ ce,~t for mailin8 shall be paid by tho applicant at the time thc application is submitted for review. Failure to pay at such time means ~h¢ application is not complete sad cannot be ~ upon by the board, 'Town Of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM '~ PR ~ 0 2009 All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town ofSouthold Waterfi-ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Exce]~t minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and ~xplanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal ,area (wh/ch includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP pohcy 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 LWl~ policy standards and conditions, it shall not be undertaken. 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 SCT I# ~If12 - The Application has been submitted to (check appropriate response): TownBoard [-'] Planning Board [-'] 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 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (fi)~ ~Permit, approval, license, certillc~i~ni ................... Nature and extent ofaction: P£~d ~ ~g ~__ Location of action:_ Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address:_ 90°' (c) Telephone number: Area Code ( )_ (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [5~ If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. [-']Yes [-~ No ~] Not Applicable Attach additional sheets if necessary Policy 2:.Tr~l~et-and~t-g~-¥rg6-hi~l~pFc-i~-/l arcliiieo o[0~g~c'~l resources 'oq' thT oT6w~qg~ih%ld. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria · Attactl additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonth01d. see LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [~ No [~ Not Applicable /~¢~ilt~/~ ADr, Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes [-~ No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section/II - Polici~ Pages 22 "th r o~h- ~- fo ~' ~ ~u~n- c~e ri a. - .................... --- Attach additional sheets if nec essary Policy 7. Protect and i~nprove air quality in the Town of Sonthold. See LWRP Pages 32 through 34 for evaluation criteria. []~] Yes ~-~ No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold 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 [--] 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 locatioas. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. -'[~Y6~ [~-Nb ~q~46t'-AP-PliYaqSl~ .............................. Attach additional sheets if necessary ~O~RD O~411~P~/,~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic l~stuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. No NotApplicahle Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. [] Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes Created on 5/25/05 11.'20 AM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, m/ddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, · ~ includes bx _blood,_marria~e, or business interest '_'Business interest" means~a busines~s, includ__i, nga partnership, in which the Town officer or employee has even a_p~al owners_hip_ of (or_ em_m~loymen(b¥) a corporation in which the Town officer or employee owns more than 5% of the YES NO ~ If you answered "YES", complete the balance of thix form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her~ spouse, sibling, parent, or child is (check all that apply): . A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP 2003 Submitted this ~-d~ay Signature: Prin ~'~ '" ~' · -' -- ~~'~'~T-:-/4 OF'SOUTHOLD~'P'ROPERTY RECORD CA'R~'~' ~,~-,~,~t~-~s -~ .w,~l~-. ~,. ut. ,,~ER~R.-.' · ' N , : .. _ ,E ACR. I '~~ ~.;.r~a S., ~,... ~ W''/~' ~¢Z~ S~S. ' VL FA~ COMM. CB.' ' MISC. ~kt. Value ~-~ ~N D IMP TOTAL DATE REMARKS ,.' Till~bl~ ' ' ' Wo~l~,a · . ~ ~ , " ~ ~ Sw~mpl~d . FRONTAGE ON WATER ~ ~ ' , Br~hlund' ' .. FRONTAGE ON ROAD ,'~ ~ * House Plot .., DEPTH h¢ t~¢ '":~-~?~:" :~. ~ BULKH~ Bldg. ~tenslon Foundation Ext. Walls Firq Place Type Roof Dormer Driveway Bath :[oors Interior Finish Heat P, ooms 1st Floor Rooms 2nd Floo~ Dinette .DR. BR. FIN. B. Total i OWNER STREET · , VILLAGE DIST. 'i SUB. ' LOT A'CR. REMARKS ~ ___RI13. ' ,~ ' ' ' TYPE OF PROP. ClaSS LAND IMP. TOTAL · DAT . I . FRONTAGE ON WATER TILLABLE · FRONTAGE ON ROAD WOODLAND · DEPTH MEADOWLAND BULKHEAD HOUSE/LOT ~ TOTAL ' ~-xtens~on Basement ~ Floors Kit. ,Extension 'Ext. Walls V V~'~ Interior Finish L.R. ~E~tension Fire Place ~/b Heat O! ~ D.R. Patio ,, Woodstove BR. Attic ~ewayl - * Rooms 1st Floor ~m'a~e . · Driveway Rooms 2nd Floor , PECONIC PERMIT EXPEDITING Bu~ldm~j / DEC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail peconicpermits(t~optonline.net Ph 631.734.8361 · Fx 631.734.2276 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 1 i971-0959 March 30, 2009 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc." to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully yours, Mrs. Kelly Myers - Homeowner pi=CONIC PI=RMIT I=XPI DITING Buddm~J / DEC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail peconicpermits~optonline.net Ph 631.734.8361 · Fx 631.734.2276 April 27, 2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 3 0 2009 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because; As this is only a rear deck application, we feel that it will not change the character of the neighborhood. Decks are typical ih any waterfront community, and especially on the creeks such as this. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because; Due to the size of the subject property, there is nothing we can do to avoid the need for a variance. The amount of relief requested is not substantial because; We are only asking for the existing side yard setbacks to be extended to the decks. This is not substantial since it already exists. Also the increase to 21.4% of lot coverage is not substantial since the new lot coverage will be open deck only. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; There will be no adverse effect or impact on physical conditions or environment due to this project since it is a small deck addition. There are also bulkheads present in the rear yard, and also a non-turf buffer as required for proper drainage into the creek. 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.nor thfor k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 7, 2009 RE: Zoning Appeal No 6306 Transmitted herewith is Zoning Appeals No. 6306 Kelly Myers the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Application's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement Dated May 4, 2009, LWRP Consistency Assessment Form (5 Pages), Transactional Disclosure Form submitted April 27, 2009, Notice of Disapproval Dated March 25, 2009, Letter from Peconic Permit Expediting Dated March 30, 2009, Letter from Peconic Permit Expediting Dated April 27, 2009, Pictures (1 Page), Survey of Property Dated May 29, 2009, Site Plan Dated March 3, 2009 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/05/09 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt#: 47437 Reference Subtotal 6306 $600.00 Check Total Paid: $600.00 Name: Myers, Douglas & Kelly 1730 Deep Hole Drive Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6306 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5-4-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #2166 $600.00 RECEIVED #6306 Myers, Kelly MAY 5 2009 Soul hold Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: Thank you. ES Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Ma~ling 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 May 7, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6306 (Myers, Kelly) Dear Mark: We have received an application for additions and alterations to existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written ,evaluation with recommendations for this proposal, as required under the Code procedgres of LWRP Section 268-5D is requested within 30 days of this letter. Thank you. Very truly yours, Encls. Gerard P. Goehringer OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Yotmgs Ave. Southold~ NY 11971 MAILING ADDRESS[_ Southok[, NY 1197~1. Telephone: 631 76~'3~ ~ ,~ Fax: 631 765~j~O_" ~'~/0g LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUI'HOLD To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator April8,2009 Chapter 268, WATERFR'ONT CONSISTENCY REVIEW Wetland Permit for KELLY MYERS SCTM# 115-12-23.2 APR 2 2 20O9 Peconic Permit Expediting on behalf of KELLY MYERS requests a Wetland Permit to construct a 633 sq.fL deck at the rear of the dwelling. Located: 1730 Deep Hole Dr., Mattituck. SCTM#115-12-23.9 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review Of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Coasistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that lhe proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee .regulations and recommendations as set forth in Trustee permit conditions. § 275-3 Findings; purpose; jurisdiction; setbacks, 1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trusteq~: (a) Wetlandboundary. [1] Residence: l OO feet. The distance from the wetland boundary to the prOposed .action (633 sq. ft deck) is less/~n.100 feet; a min, imum set.back distance of 100 feet from the wetland boundary is. ret~uir~d~urs::Jd*~ Chapter 275-3. Findmgs~ purPose; iurisdictiOn;.setbacks. Please require that the ao~l'~li~men~ the application to meet the aboVe policy to the greatest extent practicable. If the agency~ Board of Trustees makes a contrary determination of consistency, the agency shnll elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H In the event the £WRP Coordinator's recommendation is that the action is inconsistent with the £WRP, and the agency makes a contrary determination 'of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the £WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this ri~commendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 3or 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 7, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6306 (Myers, Kelly) Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Encls. Gerard P. Goehringer Chair~ ,~l Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-180~ Fax (631) 765-9064 May 7, 2009 Mr. Thomaslsles, Director Suffolk CountY DepartmentofPlanning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County AdministratiVe Code: ZBA File #6306 Action Requested: Within 500 feet of: Owner/Applicant: Peconic Permit Expediting for Myers, Kelly Additions/alterations ( ) 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, Ger d~l Goehringer~ By: ~ ~ Encls. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 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~ AUGUST 27~ 2009: 11:25 A.M. KELLY MYERS # 6306. Requests for Variances from Zoning Code Section 280-124, based on the Building Inspector's March 25, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less than 25 feet. Location of Property: 1730 Deep Hole Drive, Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: August 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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 ! week(s), successively, commencing on the 13m day of Auqust, 2009. ,~ Prir~cipal Clerk Sworn to before me this lands. Location of P~operty: ~tZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net ' July 29, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, August 27, 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 August l0th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing 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 hearing, providing the returne.d letter to us as soon as possible; AND not later th~n August 'ilm: PleaSe either mall or deliver to our office your Affidavit of Mailinq (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 August 19th: 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 Postinq for receipt by our office before August 25, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Myers, Kelly # 6306 MAP #: 115.-12-23.2 VARIANCE: SETBACKS & LOT COVERAGE REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, AUG. 27, 2009 11:25AM 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 15:3~ ~317~590~ ZONINGBDOFAPPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (N~me of Ap~31icants) CTM Parcel #1000- J/O' ' ~ ~ PAGE 05/06 AFFIDAVIT OF MAILINGS 't COUNTY OF SUFFOLK) STATE OF NEW YORK) ~"~-~,~ ~.~,¢- , New York, being duly sworn, depose and say that: , ' On the IgT./~/? day of ~.~. ¢-~. ~ ,200~ I pemonally mailed at the United Stat~s Post O~ce in ~ ~ , New York, by CERTIFIED MAIL, RE~RN RECEIPT REQUESTED, a t~e copy of the atta~ed L~al Noti~ io prepaid envelopes addressed to ~ent owners shown on ~e ~ent assessmeat mil vedfied Eom the o~ial re~rds on file with the ( ) Asse~sors,'or ( ) County Real PropeAY ~ce' _, for ev¢~ .prope~ which abuts and is across a pub ic or pdvate street, or velar right-of- way of record, surrounding ~e applicant's pro ~ ' Sworn to before me this · .r'~ day of ~"/c,c-c, ~.~-- , 200? (Notary Public)....._/ I~TIR R. MC:,SRBBVy NOTARy PUBLIC-STATE OF NEW YORK No, 02MC613'lSf 4 Qualified iff Suffolk Courlfy My Commll~lon lxpl~e~ August 08. 2009 PLEASE list, on the back of this Affidavit or on a sheet of paper, the 10t numbers next to the owner names and addresses for which notices were mailed. Thank you. m ,-'1 ru Postage _-I- Certified Fee Re~urn Receipt Fee (Endorsement Required) Restricled Delivery Fee $ ss.s4 Postmark 08/10/20O9 r~- orPOBoxNo. nj Postage $ $0.44 0935 ru __~ Ceriifled Fee D Return Receipt Fee [~ (Endorsement Required) $~,~0 ~ [ ....... ~_~,~ ~ ~<~,~ ~/~l/~ ~ IStreet, Apt.~T;.'~' ........... '~' .......... ~.-"'-'[ ..... -~ - - ~ ......... $0.44 $2.80 $2.30 $ $5.54 O935 ~ Postmark Here )8/10/2009 nj ru Postage CC) nj $0.44 O93~ $2.80 & " $2.30 ~'~',,. Here SO.O0 $§.,~ 081].01'2~9 or on the front if space permits. 1. Article Addressed to: 17~.r ~,,~ /l~lr. &,~c 3. Servloe Type [] Ce~ffied Mall [] E~ Mail I-1 Regls~mcl [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rest~cted Daik~y? ~Extm Fee] C3Yee 2.~ 7006 2150 0004 221& 5447 PS Fern 3811, February 2004 Domestic Return Receipt 102~-~1540 item 4if Rest~cted Dellverylsdeslmd. II x '~/E,/~f//T/ ~ ~;;;;-~.~ · pflnt your name and address on the reverce II '-/W.r -'II/ ,_ _~:':P'~ so that we cerl ~etum the cerd to you. IIB'~4q~.hl~bYr~lt~d~Name) IC' DatoOfoelivery I:~11~' "'t~- · Attach this card to the back of the mailplece, II ~ ~",~:~'~" ..... F-. :~,A'--~ ~ *'' I [],.su~,~ai, [] o.o.~. : ~'~ '~r~ ~[~ Restricted Daiive~? (F_.x~a Fee) ri Yes i' "1 - I i m Fee. 3811, FebnJary 2004 Domestic Return Receipt 1-02sge.024a-154o · OIl~l~e Items 1, 2, and 3. Also complete Ilem 4 If ~ed Delivery Is desired. · Pdnt your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the fTont If space permits. [] R~glste~ [] Insured Mall 3811, r-et,man, 20o4 o Agent · Date of Delive~j ~differentfrom Item 17 [] Yes address below: [] No [] Express Mail [] Retum Receipt fo~ Me~chand!se [] C.O.D. 4. R~a~'~ed Delive~J? (Extra Fee) [] Yes 7006 2150 0004 2218 5423 4~'G?a 6 $ $~.44 $2.30 Total Postage & Fees $ $5.5~ $0.44 $2.80 $2.30 to. O0 Tota~ Postage a Fees $ $5.54 ~8/17/2009 ru Postage ru Certified Fee I'--I Return Recetpt Fee (Endorsement Required) Restricted Delivery Fee ~3 (Endorsement Required) U3 Total Postage & Fees nj $2.80 $2.30 tO.(X) $ $5.54 nj Postage Certified Fee Retum Receipt Fee (Endorsement Required) O Restricted Delive P/Fee r'3 (Endorsement Required) i'--'l Total Postage & Fees FLi $0.44 $2.80 $2.30 tO.O0 $ $5.54 · Complete Items 1,2, Item 4 if Restricted Delivery Is desired, · Print your name and address on the reve[se so that we can return the card to you. · Attach this card to the back of the mailplace, or on the front if space permits. 1. Article Addressed to: If YES, enter delive~ [] Express Mall [] Return Receipt for Memhandise [] C.O.D. 4. Restricted Oaiiver~/(Extra Fee) [] Yes 7006 2150 0004 2218 5454 Ps Fern 3811, February 2004 Domestic Return Receipt · Complete Items 1,2, and 3. Also (x~nplete Item 4 if Restricted Delivery is desired- · Print your name and address on the reverse so that we can tatum the cad to you, · Attach this card to the back of the mallpisce, or on the front if space permits. 1. Article Addressed to: 112., - PoF 1/,l¢ J.J , J ,, t,/( / A ,Y , J Addressee ). e different flora item 17 []Yes ff YES. ente~ daiive~J address below: [] No Sen, Ice Type n c~t~d ~1 0 S~ ~1 [] Reglstmed [] Return Receipt for Memhandlse [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Ps Fo~n 3811, February 2004 7006 2150 0004 2218 5478 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiane, or on tho front It space pormits. 1. Article Addressed to: ~(~ntddNarne) r address dif~t fl~or~ item 17 If YES, e~ter ~elive~ address below: [] No Serv~e Type [] ~ Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes 7006 2150 0004 2218 5461 PS Fern1 3811, Februa~ 2004 Domestic Retum Receipt 102S95-02-M-1540:: ZONINGBDOFAPPEALS PAGE 06/06 ZONING BOARD OF APPEALS ,TOWN OF SOUTHOLD:NEW YORK In the Matter of f~he Application of /nx (Na~e of Applrc~ant) AFFIDAVI'I~ OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- Jl,¢' - 12.. - COUNTY OF SUFFOLK) STATE OF NEW YORK) 'X ~'v'$~ ~ ~.~ ~ , New York, being duly sworn, depo. se and ,say' !hat: On the I ~' day of /~v.~u~ ~ ,200 ?1 personally placed the Town's offidal 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 dght~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 se..v~n days prior to the date of the subject hearing date,~/.~la~'..~¢"/.~___~.a~' ~hown t° be Sworn to before me this · .¢'-r~ day of (Notary public~ I~TER R. MCQRi~EVY NOTARY PURLIC-$TATE OF NEW YORK NO. 02MC6151514 Qualified In $uffolK County My Commission Expires August 08. 2009 *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF SUFFOLK (~) ......... ~,~o~ Reel Property Tox Service Agency ~ ~ SOUTHOLD SECTIONNO "~ 115 EXISTING DECK TO DE REMOVED AND REPLACED WITH PP-.O?OSED +/- G33 5.F . DECK -% SITE PLAN SITE AND ZONING DATA ZONING REQUIREMENT~ R-40 EXISTING GONDITION~ pROPO~FD CONSTRUCTION AS PEP-, 2S0 - 124 FRONT YARD 5~TtSACI<, 35,0 ~T 52, 3' PT. 52, 3' PT. REAP, YARD SETE~ACK 35,0 ~- 82 G PT. 57. ~ FT. SIDE YARD 5~TBACK I O.O PT 8. O PT. TOTAL ~ [50TIJ SrDES 25,0 PT I (5. 0 PT I ~5. 0 PT MAX. G,R05S ?LOOR AREA 20% I J '7'2 5.P. I 3.¢% 1805 8.F. 2 I. 4?0 MAX[MUM [JEIGNT 35.0' PT 20. O' PT 20. O' PT THENCE ~ NO O~¢,DE (2HAN~E~, EXG~,¥~,TION, FILLINO, AND/O~ CLE~,~INO DONE TO THIS f=~O~E~T¥ x¢. DECK PLAN 5CALE: I/4" = I' 0" REAR ELEVATION SCALE I/O I = I '-0" EXISTING STRUCTURAL TO REMAIN NEW WOOD RAILING TO BE 3G"MIN. PROPOSED DECK AT THE MYERS RESIDENCE 1730 DEEP HOLE DRIVE MATTITUCK, NY S.C.T.M. # 1000 - 115-12-23.2 REVISIONS: DATE: DEJ'IGI1. P.O. Box 1106 OSSINING, NY 10562 Phone: 914.762.6072 Fax: 914.801.4167 PECONIC PEP. MIT EX?EDITI NG PHONE: G3 I .734.~3G I THESE PLANS AND SPECIFCAT[ONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PECONIC pEILM [T EXI EDITING INFRINGEMENTS WILL BE PROSECUTED. DATE: 3-9-09 DR. BY: RWL SCALE: AS NOTED CHKD: J.S. 0813 A-1