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HomeMy WebLinkAbout6305BERTHA OKOL^ West Side Bight Rd., Orient #3i78 1125184 CA-aPProval proposed parcels. of in~uff, aPea & width of two 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 IV£,D ~EP 2 9 2009 S'outhold Town Clerl~ FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF SEPTEMBER 22, 2009 ZBA FILE # 6305 - CHRISTINE FRANKE, Applicant CTM 14-2-17.1 LOCATION OF PROPERTY: 32345 Main Road and Bight Road, Orient 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 May 14, 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 29,119 square foot lot running 179.10 feet along the Main Road (Route 25) to the south, 116.99 + 150.00 feet along the western border, 238.87 feet along the northern border, and 181.84 + 125.95 feet along the eastern border. The lot is improved with a single family house, a shed, and a garage, as shown on the April 27, 2009 site plan by Fairweather-Brown, Design Associates, Inc. BASIS OF APPLICATION: Request for a Variance from Zoning Code Section 280-124, based on the Building:Inspector's February 19, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling with a setback at less than the minimum code-required 40 ft. front yard setback FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 27, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow a front yard setback of 24 feet for a proposed covered porch and addition, as shown on the site plan dated 4/27/09 prepared by Robert I. Brown, R.A. · ,. :page-- 2 - September 22, 2009 ' ZBA # 6305 - Christine Franke CTM 14-2-17.1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing house is set back 19 feet from the front lot line. The proposed addition is to be set back 24 feet from the front lot line along the Main Road. Extension of the house on this corner lot eastward along the Main Road lot will still leave an 80 foot front yard setback on the Bight Road side. 2. Town Law Section 267-b(3)(b)(2). The benefit of creating an addition and renovating this historic farmhouse cannot be achieved by any method not requiring an area variance. The only alterative would be to move this 100+ year old structure from its present location. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. The non- conforming part of the addition, 22 feet x 14 feet (308 square feet) represents no decrease in the minimum nonconforming front yard setback, and a 17% decrease in the nonconforming portion of the footprint. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It is a result of the placement of the house at the time of its construction, more than 100 years ago. 5. Town Law Section 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. 6. Town Law Section 267-b. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations to the dwelling and an 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, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, concerning the front yard setbacks as shown on the site plan, as proposed dated 04/27/2009 and elevations shown on diagrams dated 04/22/2009, all prepared by Fairweather-Brown Design Associates, Inc. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehd~rma~, S'~isman./~nd Schneider. (Absent was: M~mber Horning.) This R/e~~/c~ .ad~pte~J.~/~'"~..~.~.. .~....~RD P. GOEHRINGER~CHAIRM~ 9/~-/¢/2009 ,.~..-"Approved for Filing " N89°3G'I N W E LOT 17 MAP OF Pti IY5 BIGHT (DUFF.CO. FILE MAP NO. 5659) 238.87 NI4°I4'OO"W 10.50 MOIDA PARCEL TO BE 5ET OFF 29,1185Q.~. NSGo57'30"E 205.72 50' 5ETE^C_K?E _-5~~-- 2~,1175Q.~. 32345 MAIN ROAD ORIENT, N.Y, 5.C.T.M.# I000-14-2-1.17 2~,11~ CHRISTINE ~- JAMES FRANI<Z ~1 I FINAL rEVlEWE~ SEE DE~I~ION DATED i ~ ~.~~/N 5T~ T~ P~O~O ' FRAN P R O P ..... O 5 E D 5IT E _P _L~. o4/**/,oo, ~cAuE: , ,,~t~a~ou~t,o~ t~-- :~m. A.~.~.SO.,. ~ ~ KAl.. RWEAT H ER-DROWN ;~LESS ACTING UNDER ~E DESIGN ASSOCIATED,INC. ;iRECTION OF A LICENSED · ~c~l~c~ TO ALTE~N~ 20D DAY AVEN UR ':~ o~ THIS ~RAWINe I~ ' ~YWA~ANY~..mOm~n GREENPORT, N,Y. I ID44 .~L~ER~T~ON MUST~E G31-477-~752 (PAX) G31-477-0~73 ' iOTE~, SEA[ED~ AND ']ESCROWED IN ACD~OBC~ 4 EAST ELEVATION EXISTING ,o~: ,,~.- ,, MAP REVIEWrn ~y ZBA [-:":' 1' F D~_/.~/,~C) 0 g- SOUTH ELEVATION EXISTING ~: "~'-' ~' 04/22/2009 FAI P-.WEAT H E P-.- D R, OWN DESIGN ASSOCIATES,INC. 205 BAY AVENUE GREENPORT. N.Y. I 1944 1-477-~752 (Fax) g3 I -477-0973 A - 'CHI qOLATION OF THE .'-~ ANY PERSON, S ACTING UNDER THE i'lON OF A LICENSED rECT, TO ALTER ANY ,N THIS DRAWING IN AY. ANY A..THORIZ~D ~TION MUST BE W E_..~.~_.~ ELEVATION F~L MAP ~ IRtt'q'rYv'ED BY Zi3A II NORTH ELEVATION FRANKE 04/22/2009 FAI IEWEAT H E P-,.-E5 ROWN DESIGN ASSOCIATE,5,1 NC. 205 BAY AVENUE GP-,,EEN?ORT. N.Y. II 944 -477-~752 (Fax) g31-477-0~73 T IS A VIOLATION OF THE L~W FOR ANY PERSON, UMLESS ACTING UNDER THE L ~ECTION OF A LICENSED ~ ~CHITECT, TO ALTER ANY !';~ :7.' ON THIS DRAWING IN ~ hly WAY. ANYA..THORIZED ALTERATION MUST BE h=OTED, SEALED, AND DESCRIBED IN ACCORDANCE W~TH THE LAW. TO: Amy Martin for C & J Franke 2205 Bay Avenue Greenport, NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February lq, Please take notice that your application dated February 19, 2009 For additions & alterations to an existing single family dwelling at Location of property 32345 Main Road, Orient County Tax Map No. 1000 - Section 1~4 Block 2 Lot 17.1 Is returned herewith and disapproved on the following grounds: The proposed additions & alterations, on this non-conforming 29,119 square ft. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; '~rhis section is intended to provide minimum standards for granting ofa buildim, 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 between 20,000 and 39,999 the required setback is 40' The proposed additions & alterations indicate a front yard setback of 24'. Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY 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. 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-commtmity impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Hamilton Ciaglo Connolly Chemushka (c/o Amy Martin) Bloethe Wenk (c/o Mark Schwatz) Franke (¢/o Amy Martin) Myers (c/o Peconic Permit Expediting) Shinn Vineyard, LLC Sevcrini MunicipalFileNumbers 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 APPLICATION TO THE SOUTHOLD TOWN BOARD O APPEALS Fee: S ~/0~) Filed By: Office Notes: For Offwe Use Only Date Assigned/Assignment No. House No.~fStreet 'Mgti~ SCTM I000 Seeaon Hamlet LotSize c~]/// ~,3f Zone I (VgE) APPE.AL ~THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ?/07 BAS DONMA A O Applicant(s)/Owner(s): ~-JglP-4 5 £/'~ ~/ MailingAddress: /~.t9 /~ ,.~5-Z~ 0~../~/./ Telephone: ~.~4 3" 3g~3 Fax#: Email: 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: , )~Ow Name of Representative: /~)/}3~/ /~O/q 7'/A/ for ( aer, or ( ) Other: TelephoneL]L77"~--~ Fax,: /-/77-t~fT~ Emaii: ~,~,~]AJC~{~tt-)O't°~'OI..}/-d~,~,~/'~L- am,// rnf__oo oPro Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or D~uthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ':~/11/o/,,q AN APPLICATIOJN DATED ~'~-//~//O ~ FOR: fl/~Building Permit t / [] Certificate of Occupancy, -x [] Pre-Certificate of Occupancy [] Change of Use (t~o~$',ble~) [] Permit for As-Bruit 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 }~11( Section 280- ~- Subsection Type of~0peal. An Appeal is m. ade for: ~ A Variance to the Zomng 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 {~ha4 , tq has not been niade at any time with respect t~ thfs propert¥~ UNDER Appeal No..~l~' Year ~g~c . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: REASONS FOR APPEAL: (additional sheet) AREA VARIANCE REASONS: ~BA File# (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The requested addition, requiring our appeal is a traditional covered porch to wrap around the east end of the residence. At its closest point to the front property line there would be 24' to the front line, while the existing non- conformance of the covered pomh on the west end of the residence is 19' from this front line. In addition, there is an existing, covered front stoop that protrudes to 26'+ from the front lot line, an above ground 'bilco' entry door to a root cellar under the kitchen that protrudes to 23'8"+ from the same front lot line and another, existing wooden doored, raised, basement entry next to the main entry porch. These were not on the Van Tuyl survey but have obviously been in place as the only forms of access to the original 2, separate basement spaces. The proposed, wrap around porch will 'clean up' the street exposure of the residence and add rather than detract from the character of the neighborhood. (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: What is being requested is the most feasible solution to making the proposed kitchen addition as attractive and appropriate to the historic farmhouse, while at the same time removing the utility access from the front face of the residence. An area variance of little impact is needed to achieve this. Moving the structure from its 100 year+ location is not an option the owners can afford or will consider. (3) The amount of relief requested is not substantial because: The 7' x 21.5'(150.5 sf) requested front porch is to replace the +98.2 sf approximate existing lot coverage in this pre-existing, non-conforming set back area currently occupied by the two (2) 'cellar ways' and the covered front stoop. The closest Point of these structures being 24 ft + from the front property line. There is an additional 7x 10 area of proposed porch/new construction on the east side of the kitchen that is "street-ward" of the required 40' front yard set back. (4) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There is no substantial difference between the existing and requested lot coverage of the proposed addition of the covered porch, the existing front porch on the west end of the residence is 5' closer to the front lot line than anything proposed. The requested changes will be an improvement over the existing two basement access, utility doors being located on the public side of the residence. The one story, covered wrap-around style porch will soften the small side addition to the kitchen and is designed to appear as though it has always been there, and in keeping with the surrounding, original farmhouses of the neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or ( x ) No. The location of the home is traditional and in keeping with the historic Farm houses of the Town. The homes were located close to the road with barns out-buildings slightly to the rear surrounded by the fields they planted. This all pre-dated the zoning codes and the widening of the roads the homes faced. Are there Covenants and Restrictions concerning this land: (x) No. ( ) Yes Name of Owner: Addendum ZBA File# REASONS FOR APPEAL: (additional sheet) AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: There is an area of the residence within the front setback that requires the walls to be raised to reach Building Code for habitable space. This is indicated on the site plan with cross hatching and yellow highlighter. This area runs the length of the home and is approximately 9' x 30' or 270 square feet. There is an existing~[l~'ement be._~,een the two Franke adjoir~properties as written in ZBA determination January 84 that is not hindered by~ application. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. The proposed work on this house will greatly enhance the neighborhood as the residence has deteriorated. The porch addition that is in question here, is minor in its impact while it replaces elements that might be considered dangerous in their location and condition· It is our belief that this is the minimum necessary to achieve these improvements. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: · CZM. CUSATI Notary Pubtic, State of Hew York No. 01CU6100507 coOUalified in. SuffoLk C~unty, remission fag)ires Oct 20 Sig~'fi~ture~j~ent APplicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: ff]oO~ Date Prepared:. L~jlff[O~. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~/~v'e~d~.~ fffwn~,ga.v'~ 7;t~l,ff~4' lx3Sea$r Dimensions of new second floor: .S~ ,~5 Dimensions of floor above second level: Height (from finished ground to top of ridge): d~..~ t Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: HI. Proposed Construction Description (Alterations or Structural Changes) (attach exlra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: & -nO/oo-z'~ co/ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage o£ buildings on your property: t',,~ ~ ~L ~ ~ -,~ Proposed increase of building coverage: ..~bq ~ t' ' / Sqmrefoo~geofyourlot: ~ qj l/7 ' P Percenmgeofcoverageofyourlotbybuild'in~area: ~ ~ ~a~ ~7~ ~%~ V. Purpose ofNew Construction: ~ ~ ~ ~ ~ ~g/~ VI. Please describe the land contours (flat, 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 FI[,1NG WITH YOUR Z.B.A. APPLICATION A. Is the subjec/t premises listed on the real estate market for sale? [] Yes ii, No ~othere any proposals to change or alter land contours? [] 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 bulkheaded between the wetlands area and the upland building area? 4) If your property contains '&etlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? /y/q- Please confirm status of your inquiry or application with the Trustees: 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? o~ .Ct/e. f/~,,~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) kath~rize~gnature and Date F. Do you have any construction taking place at this time concerning your premises? 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? ~K/g8 If yes, please label the proximity of your lands on your map with this application. / o ~.~ /~, H. Please list present use or operations conducted at this parcel ~ !0q ti ---fa.-r~,~7 and proposed use ~o~$le- .t..g'~n~.~ ~ v (examples: existil~g: single-family; proposed: same ~h garage or pool, or other description.) 2/05; 1/07 617.21 Appendix C State Environmental Quality Review SHORT ENFIRONMENT.4~ .4SSESSMENT FORM For UNZISTED .4CTIONS Only PAP. T I - Project ~zformatioa (To be complete by Applicaat or Project spoasor) 1. Applicant / Sponsor 2. Project Name 3.'Project Iocalion: Municipality ' Courtly Precise location ($lreet addresa and road Intentions, prominenl Is propos~ ) NEW ( ~ E~PANSION / ( V~'MODIFICATION/ALTERATION 6. Describe project bdefly: 7. Amount of land affected: Initially:/ 04)0 / acres; Ultimately: , Oo~) ~ acres 8. Witl proposed acUon comply Wilh e;dstJng or other exJsUng land use restrictions:( ) YES (V') HO If No, descdbe bde§y: 9.~W t is presenl land use in viclni~ of project: (describe): R ( ,/~usiden[ial ( )Industrial ( ) Commercial ( ~Agdcultural ( ) Pa~For~8Open Space ( ) Other 10. Doea action ~olve a pe~it approval or ~nding, now or u~timately from any o~her Govemmen~l agency,(Federal, State or Lo~l) ? ( ) YES ( ~ NO If Yes, list agency(a) and Oe~l~approvals: 11. Does any aspect of the action have a cun'ently valid permit or approval? ) YES ( v'}"NO If Yes, list agency(s) and permit/approvals: 12. As a result of/~oposed action, will existing permit/approval require modifica(ion? J( ) YES (',~,'~ NO If Yes, list agency(s) and permit/approvals: I cerfl~ that the information provided above is true to the best of my knowledge Applicant / Sponsor Name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 64/28/2009 14:37 5317659~$4 ZONINGIiDOFAPPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF Al'PEALS TOWN OF $OUTHOLD PAGE 02102 WH~ TO USE T]II$ FOP, Mr: Tke fort~, mug bt compl~ed by the ~pl~t st~nt mt~ be ~e~ed w ~ ~ffolk Cou~ D~ent of ~nlng m and 239-n of ~ Ge~ Mu~ei~l ~. 3) Name of Laud ~ (if O~ fh~.~cmt): ~/~ T/~ ...... ~~ 7) ls Jhe parcel ~:m an a~oulm~l ~c~? ~No~e$ I: ~s, 9) Na~ md ~ss of my o~) of hnd Mt~n the a~c~l ~icJ ope~fio~s) loca~ ~00 f~ of ~e ~un~ of ~e ~ ~j~k (~f~on may be a~ilablc ~ou~ · e To~ ~ses~ors Office, To~ Hall I~Qon (765-1937) ~ ~om ~y public ~u~ at ~c To~ Hall lovagons by ~cw~ ~he ~1 n~s on thc To~ of Sout~old R~ Pr~ T~ Sys~, Name a~d Address 4. (PI~s~ uSe back side of page if more than six propelW ownem are identified.) Thc lot numbers lr~y I~ obt~me~l, in advice, wh~ ~ueacd ~ the O~e of the Plying ~ at 765- ! 938 °r the~~809'~ ~ / D~ Note: 1. ~ ~ ~d wiQ solicit co--ts ~m ~ o~ms o¢ 1~ i d~n~fi~ lbovc o~ tb~r ~ option. ~lic[~on ~ll ~ m~de by ~pplyi~8 a co~y of ~i~ s~t ~ent, 3, ~c cl~k m fl~e 10~ bo~ ~ ~ible for s~i~$ ~pi~ ~ thc co~leted A~iculm~l D~ idgr/t~icd above, ~e cos~ ~r ~iling s~l be p~d by the ~pli~t ~ ~c such t~ m~s the ~pli~lon ts no~ ~l~ ~d ~not be ~ ~ by ~he bo~, 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officem 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. YOURNAME: /L~;'~Ad~/~', C/~'//~t 5 rlA/~' t44, (Last name, first name, middle 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.) Tax Grievance Variance ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES b/// NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Tow~of Southold: Title or position of that person: ~'O L ( c ~ Otc%~ [C ~t~ Describe that relationship between yourself (the applicant) 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 oftbe 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Print Name: ~/'/O rr' 5/t-/~ca_ tw-r~ ~.~e_ APP ~M'qSACTIONAL DISCLOSURE LICAI~L~ 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. t name, first narfle, mi;Idle i~tial, 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 .54/~-~,~ co o~" 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? "_ .' - ,, Relat~ons~ tn~!udes kY bl.__ood, marriage, or business interest. "Business interest" means~, a business~ including _a I/_artnership, in which the Town officer-or empJoyee has even a partial ownershl employment by) a corporation in which the Tova~oc~:~-- ~ -- . n_p~9_f (or shares -- ~-~/~t · l/.t'.,tJt or emptoyee owns more tha, 5% of the If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, 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 corporatidn); 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 TO~ ~ SOUTHOLD BUILI~ING DEPARTMENT TOY(tN HALL SOUTHOLD~ NY 11971 TEL: (631) 765'1802 FAX: (631) 765'9502 SoutholdTown. NorthFork. net Examined ,20 Approved , ,20 Exphation 201 BLDG. DEPT. TOWN OF SOUTHOLD PERMIT NO. BU~.DING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Heallh 4 sets of Building Plans Plmanin~ Board approval Survey. Check $~pti~ Form N.Y.$ J).E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: J Phone: Building Inspector PPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20d~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjolnln$ premises or public streets or areas, and waterways. c. Thc work covered by this application may not be commenced before issuance of Building Permit. cl. Upon approval of this application, thc Building Inspector will issue a Building Peamit to thc applicant. Such a permit shall be kept on the p~mises available for inepection throughout the work. c. No bui]din$ shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Ce~ificate of Occupancy. f. Ev~y building penuit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months t~0m such date. If no zoning amendments or other regq, lst~ons affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, a new pera~t shall be required. APPLICATION IS HEREBY MADE to the Building Deparm~ant for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordlnanees or Regulations, for the couslruction of buildings, additions, or alterations or for removal or demolition as herein descn'bed. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ~dmlt (Si~t~ ~pp' ., ifa corporation) State whether applicant is owner, lessee, ~ent~ architect, engineer, general contractor, eleeff/cian,L/plumber or builder ~ (As on the te~ll or latest de~l) If applicant is a corporation, si~tmatm'e of duly authodzed officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location 0f land, on which prol)osed work will be done: House Number Sixeet Hamlet County Tax Map No. 1000 Section Subdivision Lot State existing use and occupancy of premises and intended, nse and occupancy of proposed ~nstmction: , Addition t.// Alteration 3. Nature of worl~check which applicable): New Building Repair ~ Removal Demolition 4. Estlm,ted Cost ,,~,5~ Fee 5. If dwelling, number of dwelling units If garage, number of cam Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If bnsiness, commercial or mixed occupancy, specify nature and extent of each type of nse. ~/~/~ 7. Dimensions, of existing slxuctures, if any: Pront /~/(~ t ~.~_ Rear ,//t~r~ Depth Height. ~/~ Number of Stories ol, Dimensions of same structure with alterations or additions: Front Depth ,~,7 ~' ~--ep~aP' Height ,gs-/~ Number / / , 8. Dimensions of entire new construction: Front ~7/x 7 / Rear Height .~ -e~, ~af.;~/ Number of Stories ~ 9. Size of lot: Front / ,'Iq./o Rear ,~oo"'. 1~ Depth 10. Date o£Pm~laase /~?R Name of Former Owner ~ ~ 11. Zone or me ~ct ~ w~ch pre, es ~e si~ted ~ ~ 12. Does propos~ ~m~cfion ~ola~ ~y ~g ~w,~r~c~ or re~fion? ~S ~NO . 13. W~ lot be r~d? ~S NO ~W~ excess fill be r~oved from p~ses? ~S ~ 14- N~es °f~ 9~gre~ses ~~ Address ~'~ Phone No Nme of~~ ~r~~ Address ~d~P PhoneNo' m o ConFscto *d&es Phon, No. 15 a. ~s m~, prope~ ~ 1~0 reef of a fi~ wefl~d or a ~eshwm~ wet,d? *~S NO * ~ ~S, SO--OLD TO~ ~US~ES & D.E.C. PE~S ~Y BE ~Q~D. b. Is ~s prop~ wi~n 300 feet of a fi~ wotl~d? * ~S~ NO~ ~ ~*~ .~ * ~ ~S, D.E.C. PE~S ~Y BE ~Q~D. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, mnst provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO~£ ~ a/~rl · IF YES, PROVIDE A COPY. STATE OF NEW YORK) ~-'jJ-tr) cJ ?P~) ~ ~/~ bc~ d~ ..... g y swom, ~s~ ~d ~ys ~ (s)he is ~e ~ph~t ~me of~ s~?-g mn~ct) ~ove ~ (Conmc~r, ~ Co~o~e Offimr, ~.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application arc true to thc best of his knowledge and belief; and that the work will be /~erformed in the manner set forth in thc application filed therewith. /~vom tlj before mc ~ , -- / Notary Public, State of New York / No. 01CI4661406 Qualified in Suffolk County Commission Expires Dec, 31,'2009 AUTHORIZATION (where applicant is not the owner) (~l~g address) do hereby au~ofize ~ K. M~, or o~er of Fai~eather- Brown Desi~ Associates Ine. to act as my agent to apply for ~l pemts neeess~ for ~e proposed work to be peffo~ed at 3~3~ ~- ~C~ ~ad ( Owner's signature ) ( Owner's signature ) To: From: Date: FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Ave Greenport, N.Y. 11944 631-477-9752 (fax)631-477-0973 Southold Town ZBA Amy Martin, Permit Agent 04/23/09 Re: Application for Appeal Franke, Christine & James SCTM# 1000-14-2-17.1 Attached please find: One original collated sets and 7 copies containing: 1. Notice of Disapproval 2. Building permit application 3. Property record Card 4. Application pages 5. SEQRA 6. Transaction Disclosure form for Agent 7. existing & proposed Site plans & 6 pages of plans for proposed work, 1 set signed by Robert Brown, AIA 8. elevations of exiting conditions 9. Photographs of existing conditions 10.Historic Van Yuyl Survey 11. Records of previous ZBA hearing for subdivision 12. FBDA Check # 9491 in amt of $400. IQ Town of Southold kax _r e/ Erosion, 8edlmentatlon & 8torm-lNat~r Run-off A8SES8MENT FORM PROPERTY LOCATION: $.C.T.M.~. THE FOM. OWING ACTIONS MAY REQUIRE THE SUBMI$810N OF A [iem Numbe,": (NOTE: A Check Man~ ( ~ll ) for each Queetion is Required for a Complete Applloation) Yea 1 2 3 4 5 6 7 8 9 Will this Project Retath Ail Sionn-Water Run-Off Generated by. Two (Z') Inch Rainfall on Site? (This item v, dg include (dl mn-off oreated by site cleeting and/or construction ac~ties as well as all Site Irnlxovemenis and the permanent oreatJon of Impe~ees su~faoas,) Does the $i~e Plan and/~ 8ul~y Show Air Proposed Drainage Sm Indicating Size & Location? This Item shah Include all Propeeed Grede Changes ced Slopes Conth:~llng Sun'ace WeterFIowt Will this Project Require any Land Filling, Grading or Excavation where tbere is a change to the Nature[ Existing Grade Involving more than 200 Cubic Yards of Material within any Pamel? Wi~ this Apl~:ation Require Land Disturbing A~M0es Efleompassing an Area in Excess of Five Thodsand (5,000) Square Feet of comond Sudace? Is this Project within the Tmstaes jurisdiction or within One Hundred (100') feet of a Wetland or Beach? Will there be Site prepara0on on Exisling Grade Slopes which Exceed Fifteen (15) feet of Vertical Rise One Hur~lred (100') of Horizontal Distance? Will Driveways, Parking Areas or cttler Impewlous Surfaces be Sloped to Direct Storm-Water Run-Off into and/or in the direction of e Town right-of-way? Will this Project Require the Placement of Matarial~ Removal of Vegetation andlor [he Construction of any Item Within the Town Right-of-Way or Road Shoulder Area? (This item will NOT Include the thstalistlon of Driveway Aprons.) Will this Project .Require Site Preparation within the One Hundred (100} Year Floodptai. of any Watercourse? NOTE: If Any Answer to Questions One through Nine Is Answered with a Check Mark in the Box, a Storm-Water, Grading, Drainage & Erosion Control Plan ia Required and Must be Submitted for Review Prior to Issuance of Any Building Perm[ti EXEMPTION: Yes No Does this pro~ect meet the minimum standards for ctassifioatJon as an A~uml Project? // Note: If You Answered Yes to this Question, a Storm-Water, Grading. Drainage & Erosion Control Plan Is NOT Regulredl -- -- V STATE OF NEW YORK, <'-~-~ .~/ ,, , . ~er ~or mpr~enafive of ~e ~er of O~ecs, ~d b du~ auto.ed to ~ffom~ ~ have ~ffo~ed ~e ~d ~ ~d ~ ~e ~d file ~s ~pli~on; ~t ~ s~men~ con.ned in ~b ~p~fion ~e ~e m ~e ~t o~ ~o~ed~ ~d ~l~f; ~d ~t ~e ~ ~11 ~ ~fformed in ~e m~ner ~[ [o~ in ~e application filed here~. Sworn to before me this; .................... ............... ................ Notary Public: ...L '--~.-~-/~.(-L.~-.... '..g..'.~..~..~:L ............................... , / JOYGE A. STEVENS -// ~G.-;,R'; ;'[;~,L;0. ,~'.~':'~ O.~ .~:~.~. Y0 FORM - 06~07 NO. 4875122 0tiAumo ~N SUFF0t~ COUNTY COMMISSION EXPIRES NOVEMB~R 3, 20~ 15:51 63:17659864 ZON INGBDOFAPPE.~LS ~/~::~b,,id Town.rd of Appe~ -,,,,, .,,,,,,-'"',"' """"'"" ' 3178 A~Li~a~io~ ~at~4 C¢~obmr %3, 1983 (~lanning BOar~ e©t£on 1~/7/83). ~. ~ert~a Okula PAGE 82/84 ~e ~e a~al ~a~ =onai~re~, ~d ~ ao~i~ ~l~e~ bmL~ ua~ t~ken Va=~ue ~o ~e ~oning~ ~y ~i~ a~lioaeion, applicant ~eks to ~vi4e and ~h~ge a about ~962, ~a ~e ona-~12 ~ll~g ~l~ ~a con~y~lso to having ap~=ox~tely ~e a~ a.ea an~ whi~ is ~=~e3 with a was app=6vo~ ~ ~he ~l~ Bo~d A~gus& 15, 1972. be fil$~ wi=h.~e office oE ~CONTIEUED~ PAGE ~,..) ZONINGBDOFAPPEALS 1984 On~ion by ~, Sawi~i, ~econded b~ ~'* ~g~.z, it was ~80L~D, ~atAPpeel N0. 31~7, apgl~=~tio~ of~ Suffelk ~ C!~k'S Off,Ce ~a V~L1 co~Anue robe legal ~cess for LO~ %1 ~4mfi~tal~ 30,000 ~. ~t,, ~re or legs; 3~ ~ha= ~e ~inal ~vey be filed wi~ ~e ~.~.A. for Cowry T~ ~p P~cel No. lO00 Vo~e O~W ~oa~dl AyeGI ~rs- Do~n, Dough&SS, Gr~qon~G an~ 9awicki. (Y~ar O~rinqer ~l~ained.) 1984 PAGE 83/84 S ~ W ~' ~i ~ S~S. VL FA~ cOMM. CB. MISC. Mkt. Value :.~ -. AGE BUILDING CONDITION ;~ NOeL BELOW ABOVE &RM Acre Value Per Velue Acre lable 1 Ioble 2 I*b~3 >odlond ampl~d FRONTAGE ON WATER ~land FRONTAGE ON ROAD use Plot DEPTH ~ ~ BULKH~D ~al D~K COLOR Bldg. ~tension Ktension xtension 3ree.zeway ;aroge Patio Fatal Foundation Bosement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath Floors Interior Finish Heat Rooms Ist Floor Rooms 2nd Flora Dinette DR. BR. FIN. B. 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) 7654800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 4, 2009 RE: Zoning Appeal No 6305 Transmitted herewith is Zoning Appeals No. 6305 for Christine and James Franke 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 April 28th 2009,Transactional Disclosure Form submitted on April 28th 2009 name on Form is Christine Franke, Transactional Disclosure Form submitted on April 20th 2009 name on Form is Amy K Martin, Application for Building Permit Dated February 18th 2009, Notice of Disapproval Dated February 19th 2009, Authorization Letter from Christine Franke to Fairweather Brown Design to represent her in this matter, Cover Letter from Amy Martin Permit Agent of Fairweather-Brown Dated April 23'0 2009, Notarized Letter Dated April 24, 2009, Erosion, Sedimentation and Storm-Water Run-off Assessment Form Dated March 13th 2009, Letter about Action of the Zoning Board of Appeals (Application Dated October 13th 1983 3 Pages), Property Card, Photos (3 Pages), Drawings by Fairweather-Brown Dated April 22,2009 (8 Pages), Existing Site Plan Dated February 11, 2009, Proposed Site Plan Dated April 27, 2009 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/29/09 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 46830 Reference Subtotal 6305 $400.00 Check#: 9491 Total Paid: $400.00 Name: ClerklD: Fairweather-Brown, Design 205 Bay Ave Greenpo~,NY 11944 CAROLH Internal ID: 6305 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: STATE OF NEW YORK COUNTY OF SUFFOLK - ~_~,,w.- :t-- , being duly sworn, deposes and ~ays that on the. c?,~/c 'd vof ,Oua~-'~P ,20o~,deponentmailedatruecopyoftheNotlce ~ett ~orth in t~;Y~oar~ ~f ~rustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment to. J1 of the Town, of Southold; that said Notices were mailed at .the?nit, ed States,Post Office at ~5~e--/~f:~°-/~'- , that said Notices were mailed to each ot said persons oy ~ (registered) mail. Sworn to_before me this ~1 ~-- Day of~ 20_(~ ~ motary rublic CYNTHIA M. CUSATI Notary Public, State of New York No. 01CU61OOSO7 Qualified in Suffolk C~unty Commission Expires Oct 2J~]J,.. 13:29 6314770973 ZONING BOARD OF APPEALS TOWN OF SOUI'HOLD: NEW YORK In the Matter of the Application of (Name of Apphcants) CTM Parcel #1000- /-~ - "~ - /7. / FAIRWEATHER BROWN PAGE 02 AFFIDAVIT Ot~ MAII,INGS COUNTY OF SO~i"OLK) STATE OF NEW YORK) -.,.o New York, being duly sworn, depose and On the.~.~_?i..__day o~ ( ./~ ,_t~_..,, ~;70c],I personally mailed at the United States Posi Office in.~:~_tr~__. [~Xlew York, by CERTII~IED MA Il,, RETURN RECEIPT REQUESTED, a]true ~opy of ibc attached Legal Notice ill prepaid envelopes addressed to current owa~/~r~ shown on the ~c,u. rrent assessment roll verified fr~m ills o~eial records on file with the (v~Assessors, or ( )ComltyRealProperis, Office...~~ .... for eyeD/ property which abuts and is acros~ a pubUc or pri¥}a streeI, cr vehicular right-of-way surromlding the applicant's property. JOYOE A. STEVENS NOTARY PUBLIC,STATE OF NEW YORK NO, 4875122 GUALIFIED IN SUFf:OLK coUNTY , COMMIE;SION EXPIRE5 NOVEMBER a, 2.~ PLEASE list, on the back of tilts Affidavit or on a sheet of paper tile lot numbers next to the owner names and addresses for which notices were mailed. Thank you Properties Noticed concerning The Christine Franke ZBA hearing for SCTM # 1000-14-2-17.1 32345 Main Road Orient 14-2-16 Henry & Helen Moisa 32275 Route 25 Orient, NY 11957 14-2-17.2 Christine & James Franke PO Box 354 Orient,NY 11957 (295 Bight Rd) 14-2-25 Orient Acres LLC 752 Forest Ave Rye, NY 10580 (32625 Main Rd) 19-1-7.4 Latham Farms 31900 Route 25 Orient, NY 11957 ( 32200Rte 25) 19-1-7.5 Edward Latham 31900 Route 25 Orient, NY 11957 ( 31900 Rte 25) 19-1-8.4 Fred Terry 35870 Route 25 Orient, NY 11957 19-1-8.5 Mary Ellen Stevens 32217 Route 25, Orient, NY 11957 .-I :@~F" Fi'~ C ] A L U S ~ $0.00 E] $ :!5, 4 Postmark Here ~ff:;D'!;:C i A L U S E Return Receipt Fee r'~ (Endorsement Required) · ~:h USE Certified Fee Return Rece p Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark L:?:':.~.< ............ ~'E~:. ============================ Postage Certified Fee Re um Receipt Fee (Endorsement Required Restr;cted De ive~' Fee (Endorsement Required) Total postage & Fees · Complete items 1,2, and 3. Also complete ' item 4 if Restricted Delivery is desired. · Print your name and address on the reveme 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: If YES, 3. Sendce Type [] Certified Mall n Reg~,~md [] Insured Mail r-I Return Receipt fo~ Merchandise [] C.O.D. · Complete items 1, 2, and 3. Also complete Item 4 if Restflcted D~lve~y 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 maJlpiece, or on the f~ont If space permits. 2. ~ Number A, Signature B. Received by ( P~/nted Name) C~.DO~e of Dgliver~/ I ' 13/oY If YES, enter d~ dress below: [] In~Jred Mell [] 4. Resbtcted Delive~ {~.xtm Fee) 7009 0820 0001 7469 0324 nyes ~s ~ 381 1, February 2004 I~xne~c Reran Receipt · Complete items 1, 2, and 3. AJso complete ~ 4 it Reatdcted Delivery is desired. · Print your name and address on the reveme so that we can retum the card to you. · Attach this card to the back of the maJlpisca, o~ on the fTont if space permits. 1. Artlo~e Addressed to: '"Ps Fo,m 3811, February 2004 B. Recei?~ by ( D. Is delive~ address dWerent from Item 17 If YES, enter delivery address below: ONo 3. Sen'ice Type [] Certified Mall [] Expreea Mell [] Registered [] Retum Receipt for Merchandise [] Insured Mell ri C.O.D. 4. Restricted Deliveqr? (Extra Fee) [] Yee 7009 0820 0001 7469 0300 Domestic Retum Receipt 102695-02~M-1640 · Complete items 1,2, and 3. Nso complete item 4 if Reeblcted 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 mailpieca, or on the front if space permits. FI Imumd Mall FI C,O.n. 4. ~at~k=ted 0~ IF.x~ R~e) r'3 yes I.A~em~ 7009 0820 0001 7469 0294 p~ i~m ~811. February 2004 Dey~d~ nd~n n~dl~ n~ D. Isdellve~yaddmss(;;=,~,~fmmiteml? r'lyes ff YES, enter deliva-/addms~ IxCow: [] No 3. Sen~ce l~e r'l Ced~fled Moll [] Regl~emd [] Insured IvlaJl O EXlmresa Mall [] Re~um Receipt for Me.handle n C.O.D. 4. Re~icted DelNer~ (EAI~ Fee) OYes 7009 0820 0001 7469 0287 PS Form 3811, February 2004 · Complete items 1,2, and 3. Also complete ifem 4 if Restfleted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpisce, or on the flont if space permits. 1. Article Addressed to: . 3. Cl c_~.tmed Ma~ 0 Expma~ Ma~I 0 Registered I-I Retum Recdpt for ~ I'1 Insured Mall [] C.O.D. 4. Re~d~ed D~ive./~ ~ Fe~ 7009 0820 0001 7469 0331 PS Form 3811, February 2004 Domestic Return Receipt 102595-o2.4~-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- /5/' X -/7./ COUNTY OF SUFFOLK) STATE OF NEW YORK) ~/flt'~.~ , ~ o k, being duly sw~om, depose and sa~, that: { Ont/ ~'J '~'the ~-! day of ~ , "~9~ I personally placed the Town's official Poster, with the date of hearing and~ature of my apl~lication noted thereon, securely upon my property, located ten (10) feet or closer from the street or right~of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that Sworn to ben, ye me this ,,~7 "tdaY of~ ,2007 NOTARY PUBLIC, STATE OF NEW YORK NO. 4875122 OUALIFIED IN SUFFOLK COUNI~ ,, /(Notary Public) COMM~SSION EXmRES NOVEMBBR a, 2ot. z *near the entrance or driveway entrance of my property, as the area most visible to passersby. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 13th day of Auqust, 2009. /) ~rin¢ipal Clerk Sworn to before me this (adjacent to D~p Hole C~¢1O, 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 SOUTItOLD 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: 10:10 A.M. CHRISTINE and JAMES FRANKE # 6305. Request for a Variance from Zoning Code Section 280-124, based on the Building Inspector's February 19, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling with a setback at less than the minimum code required 40 ft. front yard setback, at 32345 Main Road and Bight Road, Orient; CTM 14-2-17.1 (parcel contains 29,119 square feet). 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 (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING 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: httm//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 enc osed 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 Au.qust 10th 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 undel[verab e, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearin,q, providinq the returned letter to us as soon as possible; AND not later tha~ August 11th: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclOsed) with parcel numbers, names and addresses noted, and furnish ~ 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 ~nd provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Au,qust 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 moro:than 10 feet from the front property line bordering the street. If you border moro than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your!Affidavit of Postin.q for receipt by our office before August 25, 2009. If you are not able ,tp 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 FRANKE, C. & J. #6305 MAP # 14-2-17.1 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE: THURS, AUG. 27, 2009 10:10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, 54375 Main Road (at youn Southold, NY 11971 ~ital One Bank Avenue) http://southoldtown.north fork.net BOARD OF APPEALS TOIVN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 May 1, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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 #6305 Owner/Applicant: FRANKE Action Requested: Additions/Alterations Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District If any other inforrrii~tion is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman N89°36' I O"E N W E LOT 17 MAP OF PE-FT~D DIGHT (DUFF.CO. FILE MAP NO. 5859) 238.67 N 14° 14'O0"W 10.50 Z MOISA N86o57'30"E PARCELTO DE 5ET OFF 29, ll8DQ.~. 205,72 SITE PLAN 29,1175Q.~. &CALE: I "=30'-0" 5 TA T~ --- -'-' -.I ~ ROAD 'x~.,o --- FRAN KE 0 ~T IS A vIOLATION OF THE LAW FOR ANY PERSON, dNLESS ACTING UNDER THE }IRECTION OF A UCENSED ARCHITECT, TO ALTER ANY ;TEM ON THIS DRAWING IN ^NY WAY. ANY A. THORIZED . '.LTERATION MUST BE HO'fED, SEALED, AND -'ESCR!BED IN ACCORDANCE "' ~ 'r'r.,!E LAW. 02/I 1/200~ NORTH ELEVATION SCALE: I/4'= I'-0' FRANKE 03/10/2009 FAI RWEATId ER-BROWN DESIGN A550CIATEB,INC. 20.5 BAY AVENUE GREEN?ORT, N,Y. I 1944 lg3 I -477-9752 (Fax) G31-477-0973 ALTERATION ~UST BE NOTED, SEALED, AND DESCRtBED IN ACCORD~CE WITH THE ~W. Fl:,-!" ~ MAP ~ R*-¥ ~-~ .'=O BY ZB~" i. ~ SEE Ot~.- ~o~ I [~?? FOR ANY PERSON, UNLESS ACTING UNDER ~E · ~ Fr., ON THtS D~WING IN I=p-.,AN Ki= 03/I 0/200~ RWI=ATH DESIGN A550CIATES,INC. 205 BAY AVENUE GREENPORT, N.Y. I 1944 G31-477-E~752 (fax) G31-477-0973 E A..% T ELEVATION ~CAL[: I/4"= ILO'' ; A. THOR~'~:n .... ~ ~ ~UST BE / ' pal AWEATH E ~-B~OWN~iL:?; 205 ~AY AV~NU~ ' G31-477-9752 (Pax) G31-477-0973 I WE.ST E L E V A~c~l 0 N r 1/4"= I'-0" FINAL MAP REVIEWED BYZBA SEE DECISION A?FI z 7 IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER ANY ITEM ON THIS DRAWING IN ~ NY WAY. ANY [. THORIZED ;~LTEF[ATION ~UST BE ~-~OTED, .~EALED, AND =r~C~I~ED iN ACCORDANCE FRANKE 03/I 0/2009 FAI RWEATH E P-.- D P-.OWN DEDIGN A&.5OCIATE.S,I NC. 20,5 DAY AVENUE GP-.EEN?OP-.T, N.Y. 11944 G31 -477-~752 (Fax) G3 1 -477-0573 ,STU DY / BEE) o BATH~i---~ I ~POWDER NEW BACK PORCH 5TmVE LIVING RM t I I I ~HANDP~,IL EXISTING COVERED PORCH TO I~E REPAIP. ED / R[15UILT WITH OPEN P-,AILING5 FLOOR PLAN SCHEME I SCALE: I/4": ILO'' REMOVE EXISTING BILCO DOOR FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED / I~b~ KITCHEN REFRIG. ~ FOYER NEW COVERED PORCH HANDP. AiL/m_~,~I UNLESS ACT;;~,~ W: ' ~'-*~ DIRECTION OF A ARCHITEC~ TO ITEM ON THIS DRAWING IN ANY WA~ ANY A. THORIZED ALTERATION MUST BE NOTED, S~D, AND DESCRIBED IN ACCORD~CE WITH THE ~W, FRANKE 03/I 0/2009 FAIRWEATHER-BROWN o.~-- DESIGN A550CIATES,INC. 205 BAY AVENUE GP-,:EENPORT, N.Y. 11944 -477-9752 (Fax) G31-477-0973 I BED ROOM BATH BED ROOM si%rING ROOM 2nd FLOOR. ?LAN SCHEME I SCALE: I/4"= I '-0" I FINAL MAP REVIEWED BY ZBA SEE DECISION # 6,~' DATED / I~ o~,'~ PRIVATE BATH ?RIVATE BED ROOM IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER ANY ITEM ON THIS DRAWING IN ~.NY WAY. ANY A ..THORIZED ALTERATION MUST BE NOTED, SEALED, AND DESCRIBED IN ACCORDANCE WiTH THE LAW. FP..AN KE 02/05/2009 PAl R.W'EAT M E P-,,- D P-,.OWN DESIGN A550CIATES,INC. 205 DAY AVENUE ©REEN?OP-.T, N.Y. 11944 I -477-9752 (Fax) 6;3, I -477-0973 NOTICE NOTICE COUNTY OF SUFFOLK (~) Real Properly Tax Service Agency rm ~ SOU