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Home My WebLink About6239 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD ,, .KE ElltED Tel. (631) 765-1809 Fax (631) 765-9064 (2) ~ ~ MAR 77 2OO9 MEETING OF MARCH 5, 2009 $c 'Outhl d ? V Jl ZBA File # 6239 - JOHN and MARGARET TONER Location of Property: 875 Sigsbee Road, Mattituck CTM 143-2-16 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is a small, with a nonconforming area of 7,013 square feet, and only 50 feet along Sigsbee Road and 140 feet deep. This lot was developed many years ago with other similar sized lots, improved with summer cottages. The applicant's property is improved with a residence with decks and an existing shed, as shown on the December 21, 1977 survey prepared by Young & Young, L.S. (Map #77-899) BASIS OF APPLICATION: Request for Variances under Section 280-124 concerning an as-built addition and alterations to the existing family dwelhng on a non-conforming 7,013 square foot lot in the Residential R-40 District. On non- conforming lots measuring less than 20,000 square feet in total size, a maximum lot coverage of 20 percent is allowed and required minimum total side-yard setbacks of 25 feet (10 and 15 feet). Findings of Fact The Zoning Board of Appeals held a public hearing on this application on February 19, 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 applicants request relief regarding the existing lot-coverage of their one-story residence of 1,641 square feet, plus existing decks of 301 square feet, and existing 64 square foot for a shed, resulting in a total of 2,006 square feet, or 28.66% of lot coverage. The applicants also request a variance from the 25 feet total side-yard setback for the dwelhng at +/- 19 feet (total Page 2 of 3 - March 5, 2009 ZBA # 6239 - John and Margaret Toner CTM 143-2-16 side yards), as shown on the site map prepared by Condon Engineering, P.C. last dated 10/7/08. 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). An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby property because the premises was developed about 45 years ago and is similar to other small, nonconforming lots in this development. Also, most of the lots have similar side yards and lot coverage about the same as the applicant's property. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance because of the size of the lot, with only 50 feet in width, and a residence which is about 31 feet wide. The residence was built in this location about 45 years ago. 3. Town Law §267-b(3)Co)(3). The amount of relief requested is substantial under the code restrictions, resulting in 8.66% over the 20% maximum lot coverage and side yards at +/- 5 feet less than the code minimum of 25 feet. The relief is 607 square feet, which has existed for many years. 4. Town Law §267-b(3)(b)(4). There has been no evidence to show the grant of the requested relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the requested variances, as shown on the site map prepared by Condon Engineering, P.C. last dated 10/7/08. Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 of 3 - March 5, 2009 ZBA # 6239 John and Margaret Toner CTM 143-2-16 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: A_ye~ G~rin~n~V Ohva, Simon, and Weisman. (Member Sc~ider ab_stai~/pt~? ~)~i~ti4~y~s duly~adopted (4-0). /GE~]gARD P. GOEHRINGER, CH~/RMAN 3/~' /2009 /~proved as Applied Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March /~, 2009 Mr. and Mrs. John Toner P.O. Box 362 Mattituck, NY 11952 Re: ZBA File No. 6239 - John and Margaret Toner Application Dear Mr. and Mrs. Toner: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March 6-, 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Thank you. Encl. Very truly yours, Linda Kowalski /~ FORM NO. 3 TOWN OF SOUTHOLD BUILD1NG DEPARTMENT NOTICE OF DISAPPROVAL DATE: May 2, 2008 ...... -~--.--' Amended: October 20, 2008 TO: Toner P.O. Box 362 Mattituck, NY 11952 Please take notice that your application dated February 27, 2008 For a permit tbr as built additions and alterations to an existing single family dwelling at: Location of property: 875 Sigsbee Road, Laurel County Tax Map No. 1000- Section 143 Block 2 Lot l~6 Is returned bcrcwith and disapproved on the following grounds: The as built additions and alterations to this existing single family dwelling, oo a nonconlbnning 7,013 square foot lot in the Residentail R-40 District, is not permitted pursuant to Article XXIi[ Section 280-124, which states that nonconforming lots measuring less than 20,000 square feet in total size, are allowed a maximum lot covera~_,e of 20 % and a require a minimum total side yard setback of 25 feet. Thc as built construction notes a total lot coverage of 28.66 % and a total side yar~d setback of 19 +/- feet. This notice of Disapproval was written based on a revised plot plan dated 10/7/08 by Condon Enginccring, PC. Authorized Signature Note tn applicant: Any changc or deviatioo to the above rcfereuced application, may require further review 133' the Southold Town Building Department. file, BZA FORM NO. 3 TO: Toner PO Box 362 Mattituck, NY 11952 NOTICE OF DISAPPROVAL Please take notice that your application dated February 27, 2008 May~,20~ ', .,3) For permit for as built additions and alterations to an existing single family dwelling at Location of property: 875 Sigsbee Road, Laurel County Tax Map No. 1000 - Section 143 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conforming 7,013 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20,000 square feet in total ~ size, are allowed a maximum lot coverage of 20 percent and require a minimum total side yard setback j of 25 feet. The "as built" construes a total lot coverage of 31.36 percent and a total side yard setback of T~is ~ot~ce ott Disapproval/6,as written base on a plot plan by John Condon, PEt dated 2/25/8. fN2~2~~tDh:~Vmeern;[erenced application, may require CC: file, Z.B.A. p,D bo! UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY I~ A ¥[OLATION OF SECTION NO T E .' m = MONUMEN 1'~ o = PIPE SUBDIV/SION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JAN. /2, /926 AS ~fAP NO. 801. REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W, YOUNG SURVEY FOR: JOHN TONER ~ MARGARET TONER LOT NO. 88, "MATT/TUCK PARK PROPERTIES" GUARANTEED TO: AT MA TT/ TUCK SOUTHOLO SAVINGS BANK CHICAGO TITLE INSURANCE CO. TOWN OF SOUTHOLD JOHN ,~ MARGARET TONER SCALE: !" 30' --- [DATE: DEC. 2/,/977 IN°' ;~7-899~ (2) 2)(6 CCA BEAM FLUSH --TOS~S~ ~ I TECKO'S(3YP) ~ i ax6 CCA __ (2) ax6 CCA BEAM FLUSH ,I I I I I i 2X§ CCA DJ @ 16' O C i i I FRONT DECK FRAMING PLAN EXISTING RESIDENCE 4'-11" 13'-1" SITE PLAN PROPERLY INFORMATION FROM SU RVE'/BY YOUNG &YOUNG DATED DECEMBER 21,1977 APPROX. LOCATION OF EXISTING SHED EXISTING DECK OCT 2 I L0vo WEST ELEVATION SOUTH ELEVATION Scale: 1/4" = lq)" Drawn by: JJC Date: 10-5-2007 LOT COVERAGE CALCULATIONS: LOT AREA = 7,000 SF EXISTING RESIDENCE = 1,641 SF EXISTING DECKS = 301 SF EXISTING SHED = 64 SF LOT COVERAGE WITH ALL DECKS AND BUILDINGS = 28.66% LOT COVERAGE EXCLUDING DECK AND SHED = 23.44% LOT COVERAGE EXCLUDING SHED = 27.74% Plansareprepam byUon on ngineedng, C tisavte 'one the ewo Slate Educa§on Law, At,cie 145, Secbon 7209, for any person unJess acing under the direchon of a licensed Professional Engineer, Architect, or Land Sun.yes to alter any item in any way If an ithm beadng the seal of an Engineer, Architect, or Land Sun.yet i a)fomd, the alfodng Engineer, Architect, or Land Surveyor shall alfzx fo fl~e dem hLM~er seal and tee notebon "Altered by' followed by his/her signature and the date of such aSera§ons, and a specific descdp6on of the altera§on 10/7/08 TOWN COMMENTS 8/23/08 TOWN COMMENTS 6/9/08 TOWN COMMENTS REVISIONS Condon Eng)neermng, P.C. 1755 Sigsbee Road MattJtuck, New york 11952 (631) 298-1986 (631) 298-2651 Fax www,condonengineedng.com Toner Residence 875 Sigsbee Road Mattituck~ New York Existing Conditions Plan S-1 For Office Use Only ~ ~ :, .... '~ ':?~. ~ Fee: $.~__f Filed By: Date Assigned/Assignment Nc ~ ~ Office Notes: SCT IO00 Seetion? '3 Block Lot(s) Lot Size 70/--? fF Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~'-- ,~ - 0 f BASED ON MAP DATED /~9- ~C'- 07 *pplicant(s)/Owner(s): ~/0 Zw ~ ~d,-e / ~e~ T~lep~one: ~ ~i - ~ fZ- ~/'~j 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: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED /t~ -.5-'-/9 ~ AN APPLICATION DATED ,2 - .~ '~ - b~ FOR: [] Building Permit ~ Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article,N~Y I t ! Section 280- / ~ ~/ Subsection Type of Appeal. An Appeal is made for: ifA Variance to the Zoning Code or Zoning Map. I3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, J~has not been made at any time with respect to this property~ UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) (1) An undesirable change will not be produced in the CHARACTER"~' ilib:i~ef ~gh~, o~-hood- o~ a- ' detriment to nearby properties if granted, because: '~ ~ ' .... ~-~'--LZ ~( 4 C ' (2) The benefit sought by the applicant C~NOT be achieved by some method feasible for the applicant to pursue, other than aa area variance, because: O ~ 4 ~ e y~// ~- C~ ~ ~ (3) The amount or relief requested is not substantial because: (4) The variance w~ NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficul~ been self-created? ~Yes, or ( )No. Does this variance involve as-built construction or activity? ~) Yes, or ( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: OOlease be su~,t~to ~,~nsult you~ttorney.) ~~ppellant (~ must submit written Authorization from Owner) Sworn to before me this ~ day o~, 20 ~0~,w . · Notary l~abli¢ PATRICIA RICNERT Notary Public, State of New York No. 30-4741154 Qualified in Nassau / Suffolk Cou~tie~ Commission Expires ~/¢~/'~t,/,/~,/~_ Page 3 o! 3 - Appea~ Application Pall B: REA,S~ S FOR USE VARIANCE ('rf requested): For Each and El the Project Is Permitted Use under the Zoning Regulations for the Particular District Where ~d (please consult your attorney before completing): 1. Appllcant zoning regulations com~ (describe on a set ,~alize a reasonable return for each and every permlfled use under the particular district where the property is located, demonstrated by ce. The appllcant CANNOT realize a REASONABLE RETURN because: ~ef). 2. The alleged hardship '~g fo the properly Is unique because: 3, The alleged hardship does because: '~pply fo a substantial portion of the district or neighborhood 4. The request will not alter the character of the neighborhood because: 5. The alleged hardship has not reared because: 6. This Is the minimum relief necessary, while character of the neighborhood, and the health explaln on a separate sheet il necessary.) the same time preserving and protecting the ~fety and welfare of the community. (Please 7. The spirit of the ordinance will be observed, substantial Jusllce will be done because: (Please ' and welfare will be secured, and ~ on a separate sheet if necessary.} ( ) Check this box and complete PART A, VARIANCE STANDARDS. (Please consult your sl~inafure and notary area below. on previous page to apply AREA Otherwise, please proceed lo the of Appellant or Authorized Agent Sworn fo berg, re me this ;nf must submit Authorization from Owner) ! dcly/~f~,,~., 200_~.._p^Ti~IClA RICHERT Qualified in Nassau / Surfak C~nt[es (Notary Public) ,_,. z~^ Al~p 9/30102 Commission Expires /~//~, APPLICANT'S PROJECT DESCRilrflON (For ZBA Rof~mm~) I. For Demolition of E~sfing B~ilding Areas Ploas~ &~ribo aroas baing t~moved: /L,/DAJt~ II. New Construction At. ns (New Dwellingor New Additions/Extensians): Dimensionsoffirstfloorextansion: .~0/ ,f~F' Dimensions of floor above second l~vcl: H~ight (from fmiah~l ground to top of ridge): Is bas~ncot or low~t floor ~a I~ing ~onslm~zl? I]'y~, ple~. ¢ provid~ h~ight (above ground) me. from natural exi ing grade to first floor. AZ//]. 111. Proposed Construction Descriptioa (Aitcrations or Structural Changes) (auach ~ sh~t if n~s~y)- Please dcscrib~ b,iMin$ areas: Number of Floo~ and C~m~mll ~ BEFORE AI~ ~ions: ~'~,~- ,fTo.~p/ NumberofFloorsandChangoaWITHAlt~ons: O t~E .f ~ ~, J~,,.' . le IV. Calculalions of b~ilding areas and lot coverage (from surveyor): Existing square footage of buildin~o~ on your propcxty: / 70.~- /~C~ ~t ~(~F Proposed inca~a~ of building ~ov~rag~: ,~0 I Squar~ footag~ of your lot: ~ 000 Pexcgntage of cov~'age of you~ lot by buiidi~g~ a~a: ~-. 66 ~, V. l~rpo~e of New Constcoefiou: Pr-o$ide o.~ c~,'-e., ~t~ VL Please describe the land co~tours (tiM; slope %, heavily wooded, marsh area, etc~) on your land and how it rdste~ to the ~ffincoity in meeting tbe code requiremcot(s): Please submit sevco (7) photos, labeled to show differeat angles of yard areas after Staking comers for new construction), and photos of building area to be altered with yard view. 712002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICA:TION Cr Is the subject premises listed on the real estate market lk~r sale? 0 Yes ~No Are there any proposals to change or altm land contoms? U Yes UNo 1) Are there any areas that contain wetland grasses? A JO 2) Are the wetland areas shou~l on the map submitted with this application? 3) Is the pi operty bulkheaded 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? inquiry or appl cation with the Trustees: ___Please confirm slams of your Is there a depression or sloping elevation near the area of proposed construct/on at or below five feet above mean sea level? /I JO E. Are there any patios, concrete barriers, bulkheads or ferries that cx~st on the snr,zey map that yon are submitting? ~0 and are not shown (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. 13o you have any construction taking place at this time concerning your premises? A./,~ If yes, please submit a copy of your building peraht and map as approved by the Building 13epartment and desclSbe: 1)o you or any co-owner also ov,n~ other land close to this parcel? _),,/e~..~ If yes, please label the proxilnity of your lands on your map with this application. -- gnature and Date Please list present use or operations conducted at this parcel --~. .~ '~ ~..n?propos~d use . ~g t~r,~ (~.~ (eXamples ex,sting single farmly, proposed same with garage.)0 2105 Town of Southold ' ' LWRP CONSISTENCY ASSESSME TI~F0~;~ i i'?i i ~?) I II~STRUCTIONS~' · pp ' p routs inc~uaing Town of Southold/a~e~n~cies, s~hall complete this CCAF for proposed actions that are snbject to the Town of Southold Waterfr~'ni~$~i~en~y ~&:~ Law. This assessment is intended to supplement other information dsed by a Tbwri bf S¥~thbld agency in making a determination of consistency· *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this for~n should review the exempt minor action list, policies and esplanations 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 (wl]Jch includes all of S outhold Town). Ifm~y question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a deternfination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Pla~ufing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTm# /o o o - / q 3 /or- The Application has been submitted to (check appropriate response): TownBoard [] Planning Board [-~ Building Dept. ~ BoardofTrustees [--] Category of Town of Southold agency action (check appropriate response): (a) Action tmdertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Finasacial assistance (e.g. grant, loan, subsidy) Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has beeu filed with the Town 6t' S0uthold-hg~ncy;-the fo[lowing information shall be provided: . (b) Mailing address:_ ~, O t ) (c) Telephone umnber: Area Code ( ) /C/. )/' g3/- 7/7/ (d) Application nnmber, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No ~ If yes, which state or federal agency? 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 developmeut. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [--] No ~7~ Not Applicable Attach additional sheets if necessary POlicy-2. Prelect aRd~r~gerV~ hisloriig'and archaeol6~icalT~gburc6g 6ftliffT0~-Sout~31d. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~] Yes [-~ No [] Not Applicable · ~ttach additional sheets if necessary Policy 3. EnhanCe visual quality and protect scenic resources thrOughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [-~ No ~;~ Not Applicable 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 ~'~ Yes ~ No ~] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including .Sig~_i_fi_can~ Co_as_t_a_l Fish 9~d. Wildlife Hab!ta~? an_~?v_e_tla_nd~._~ee LW._ ~RP Oecti_on IH~_p_.91icies~ ~3ggs 22 through 32 for evalnation criteria. A~a~h additional aheet~ if necessary Policy 7. Protect and improve air quality in the Town of Southoidl See lcw~V~fi~-i~f-2 Policies Pages 32 through 34 for evaluation criteria. Attach additiOnal sheets if necessary Policy 8. Minimize euviromnental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~--] yes [~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the To~vn of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] 1No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 througb 56 for evaluation criteria. DYes ~0 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Lon and Town waters. See LWRP Section III - Policies; Pages 57 through [~ Yes ~-] No [~ Not Applicable Island Sound, the Peconic Estuary for'evatuation-er4tevia._ , 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 [-~ Bio ~ 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 [-~ Bio I~ Not Applicable Created on 5/25/05 11.'20 AM 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant/Sponsor 2. Project Name 3, Project location: Municipality (.~ ! P reoise I(°~ca~"')d ° nln~(St'-~'r~eet~a~dOdl eL-' s 8k~O road Inters actions, prominent landmarks, otc. or provide map) 5, Is proposed action: i.~/ ] I)NEW ( )EXPANSION (X~ MODIFICATION / ALTERATION 6. Descdbe p~ect bde~y: u 7. ~ounl of land affected: Initially: acres; O. / ~ ¢ ¢ f' Ultimately: ~, / ~ ¢ f ¢ acres 8, Will proposed action comply with existing or other existing land use resections:( ) YES ~'~ NO If No, descdbe bdefly: 9. What is present land use in vicinit~ of project: (describe): ~ Residential ( ) Industrial ( ) 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 permit/approval require modification? I( ) YES ('~) NO if Yes, list agency(s) and permit]approvals: IAppticant / Sponsor Name: Signature: I certify that the information provided above is true to the best of my kn, owledge --J'J'-'~¢----- ~(-~¢"""'~ Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment AP ..... ~RANSACTIONAL DISCLOSURE FOl~ m~t2Al~TO OWNER, CONTRACT VENDEE/~) 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 neces ' ~'7"- ~ ,~ , sary to avoid same. tuast name, first ~a ne middl,~ , s a ...... v,my., ou, mu~cate tne other person or company name ) NATURE OF APPLICATION: (Check all that apply.) Variance SpeciaI Exception *Other Approval or Exemption from plat m official map Change of Zone ~ . Tax Grievance *If t.,mer name the acttwty: 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? .... ,, - Relationshi "includes b blood~/_marr a e or business interest. "Business_~_ __. a uusmess mclndin,, a ~ip, in xvhicq~ the Tow~n officer~e has~e_yen a arfial ownershi of e~_mployment b~in which the Town officer or employee owns more than 5% of the YES ---- __ NO~ If you answered "YES", comp&re the balance of this form and date and sign where indieatet~ 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 prov/ded. The Town officer or employee or his or her, spouse, sibling, parent, or child is (cheek 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 S "~ ubmitted thistl~_ day o.f~e d~f'- TOWN OF SOUT.HOLI~ BUILDING DEPARTMENT TOWN HALL, SOUTHOLD, NY 11971 TEL: (631) J65-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined PERMIT NO. [ : BU, ILDING~MIT APPLICATION CHECKLIST Do yo~, have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. ~ Check Septic Form N.Y.S.D.EC. Tmstees Flood Permit Storm-Water Assessment Form Expiration Disapproved a/c ~ '~nspe , U~i' ~8 2~ APPLICATION FOR BUILDI~ ~ ' ~' ~ INSTRUCTIONS - 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 adjoinme premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shalI expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as heroin described. The applicant agrees to comply with all applicable laws, ordinances, building cA3d~ousing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectj~n~ ~/~h. ~ ~e of ap?icanSr name~ if a corporation) ~(Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or lat4st deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. L~ocation of land, on which pro./3osed work will be done: House Numl3er d7 Street Hamlet County Tax Map No. t000 Section Subdivision Block Filed Map No. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intendeduseand occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost '"~/~- dj 0 0 ~ / 5. If dwelling, number of dwelling units if garage, number of cars Fee Addition--~rCR Other Work Alt er atio n 4~/WA".,e?6 M (Description) (To be Paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories _Depth Rear Rear Depth 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES 14. Names of Owner of premises Name of Architect Name of Contractor NO NO Will excess fill be removed from premises? YES NO Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF'~S: ~l&~'a~e~ ~'~-r-,~.¢' being duly sworn, deposes and says that (s)he is the applicant (Nlmio-~f individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer. etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the mariner set forth in the application filed therewith. Sworn to before me this day of ~ 20 0 ~" No. 01~1~ ~ture of Applica COLOR M. Bldg. Extension Extension Extension Porch ~'~'~ /Z ation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Both Dinette /(/'~ Floors /~;~ ~. K. /4/~ Interior Finish ~ LR. Heat Rooms ]st Floor Rooms 2nd Floo~ DR. BR. FiN. B. Breezeway,, Patio O,B.- Total' Driveway OWNER F.~RMER' OWNER '~Dn~Sr- .~ TOWN OF SOUTHOLD STRE S PROPERTY RE( VILLAGE W VL. FARM :OMM. CB. MISC. Mkt. Value LAND IMP. TOTAL REMARKS AGE Tillable 1 NOP, MAL Acre Tillable 2 /?a~ / DATE BUILbING CONDITION BELOW ABOVE Value Per Value Acre Tillable 3 Woodland Swampland Brushland :ORD CARD DIST. SUB. LOT ACR. J ' TYPE OF BUILDING /.,.-'a.?~'" House ~p.J~t~ DEPTH ..~ ~ ~ BULKHEAD FRONTAGE ON ROAD FRONTAGE ON WATER ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 22, 2008 Zoning Appeal No. 6239 Transmitted herewith is Zoning Appeals No. 6239 of John & Margaret Toner- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated May 2, 2008, Notice of Disapproval Amended October 20, 2008, Copy of Building Department with Disapproval on May 2, 2008, Property Record Card (Both Sides), Plans Showing Existing Conditions Dated October 5, 2008 Prepared by Condon Engineering, P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/21/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP TONER, John & 956 $300.00 6239 Margaret OCT 2 1 2008 · aut Ilold Town Clerk $300.00 By__ Thankfou. OTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/21/08 * * * RECEIPT * * * Receipt~: 29967 Transaction(s): 1 1 Application Fees Reference Subtotal 6239 $300.00 Check#: 956 Total Paid: $300.00 Name: Clerk ID: Toner, John P 875 Sigsbee Road P O Box 362 Mattituck, NY 11952 CAROLH Internal ID: 6239 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK la the Matter of the Application of Oqame~of AppUc~) CTMParceI#~000-/~:{ '~ '/6 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) On the New York, being duly sworn, depose and say that: day of J/] ,t ~, ~R / ,~/f,O~ I personally mailed at the United States Post Office in/~]~ ~7 / "r c, c ~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached L~gal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (wy/Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of r~cord, surrounding the applicant's property. (Signature) Sworn to before me this day of ,.~-- ,200~' (Notary Public) PATRICIA RICHERT Notary Public, State of New York No. 30-4741154 Qualified in Nassau / ~o~ Couaties Commission Expires PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names'-~nd~sses for which notices were mailed. Thank you. r-~ <Endorsement Req~md) ~6,07 0L/30/2009 m ~{)-F~'~I~(~ I A L U S E Ceeatled Fee Return Receipt Fee (E~:lomement Required) $2.20 Restflct~d Deliver,/Fee $0, O0 (Endorsement Required} Total Postage & Fee8 $ $~.07 0113012009 o o g/ ~:~..o..~x ....................................................... _..._1 ~- [~,~o .ox~o. ~ ~ / ~ .~ _z.....O..eg.~......~..~.~ 'oi~'""T'~O ............................. · Compiste if~ms 1, 2, and 3. Also complete Item 4 If Restr~ted 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 mailpisce, or on the front if space permits. 1. Article Addressed to: % I1, ¥, Ilqs' -o? 2. Article Number (Transfer from s~4ce ~b~ PS Form 381 1, February 2004 [] Ir~r~l Mail [] C.O.D. 4. Res'otcted Delivery? (Ex~a Fee) OYes ':,'~, 2339 6364 ~¢ · C~mpiste 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 mallplsoe, or on the front if space permits. 1. Ntlcle Addressed to: 0 Irmumd [v~dl 0 · RBstrleted Delivery? ~-xtm Fee) DYes 2. Article Number .~ . PS Form 3811, February 2004 ~m~"~t 0710 0002 2339 6366 · Complete items 1, 2, and 3. Also complete item 4 if Rsofltnted Detive~ is desired. ·Pttnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpisce, or on the front if space permits. 1. Article Addressed to: /14o I 3. Se/vl~e Type ~ Mail [] Express Mall [] Reglstemcl [~'Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restflcted Dailv~ (F_dttra Fee) I'l yes 2. A~tlcleNumber 7?07 0710 0002 2339 PS Form 3811, February 2004 Dome~ic Return Receipt 6371 · Completo ifems 1, 2, and 3. Aiso somplete I~m 4 if Reetllcted Delivery Is desired. · Pl~t your name and address on the reveme e• ~et we can return the card to you. · Attach this card to the back of the mailplese, A. SJg re lc. If YES, ~ delivery ~ldre~ below: [] No 3. Se~ce~oe ~ Mail [] D Re~;~ I~l:letum Rec~pt foe' Mee=handlae [] Insured Mall [] C.O.D. 4. RestS--ted Daiivery? (Extra Fee) OYes 2. ~Artl~leNu~be~ ~ 7007 - ~- ~ ~-? ) ~~ ~u? 0710 0002 2~39 7224 ~ F~ 3811, Fe~ 2~ ~ R~~~l~ ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: 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 100o-/5 j ../ /d. COUNTY OF SUFFOLK) STATE OF NEW YORK) /7/Iff 77-/7~C E,/< , New York, being duly sworn, depose and say that: -- On the ~ day of/~ff,~t.,q~ ~' ,~' , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or r/ght-of-way · facing the street or facing each street or right-of-way entrance;* and thatdriveway entrance) - / [ hereby confirm that the Poster has remained in place for seven days prior to tk;at date of the subject hearing date, wb/ch hearing date was shown to be ~ff./3f~.q.~;,/ /~ .~ Sworn to before me this 6 day of .~.~---- ,2007 · Nota~ Public, State of New York No. 30-4741154 (Notary Public) Qualified ia Nassau/SuJfolkCou3ties Commission Expires/ dt/ ~r /,~ ~/ (Signature) *near the entrance or driveway entrance of my property, as the area most visible to passersby, Office Location: Town Annex/First Floor, No~h Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 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~ FEBRUARY 19, 2009: 9:30 A.M. JOHN and MARGARET TONER # 6239. Request for Variances under Section 280- 124, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval concerning as-built additions and alterations which exceed the code limitation of 20% of buildable area lot coverage and is less than the minimum required setbacks for combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, Laurel; CTM 1000-143-2.16. 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: January 28, 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 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 5th day of February, 2009. .// Principal Clerk Sworn to before me this 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pu~ suant to Section 267 of the Town La w and Town Code Chapter 2g0 (Zoning),Town of Southold, the fo0owing public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall, 53095 Main Road, 1~O. Box 1179, Southold, New York 11971-0~59, on THURSDAY, FEBRUARY 19, 2009: 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new single-family dwelling and a new accessory building proposed with a nonconforming use (aBer demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-family dwell- ing will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is pr~ posed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. 11.-00 A.M, MICHAEL and DANA MEYRAN #6251. Request for a Vari- ance under Sections 280-122A and 28{/- 124. based on the app}icant's request for a building permit and the Building Inspector's November 6. 2008 Notice of Disapproval under Zoning Code In- terpretation #5039 (Application by R. Walz), concerning proposed reconstruc- tion of a dwelling in a location which will increase in the degree of nonconfor- mance at less than 35 feet from the code- required minimum front yard setback. at 280 Youngs Avenue, Mattituck; CTM 11'.30 A.M. MICHAEL and LAURA CHAPMAN L1VING TRUST /~6249. Request for Variances under Sections 280q22A and 280-124~ based on the Building Inspector's revised N6~thlgnbcr 10~ 2008 Notice of Disapproval cml cerning additions and alterations to lhe existing single-family dwelling, which construction will increase the degree of nonconformance when located less than the code required minimum of 35 feet f~om the front yard lot l~ne adjacent to a private right-of-way and Alpine Avenue, l~ishers Island; CTM Parcel 1~8-7 & 6 (merged lot). CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK No. O1.V06105050 Quollfled in SuffOlk County 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 I week(s), successively, commencing on the 5th day of February, 2009. ~ ./~"~'~/ Principal Clerk Sworn to before me this 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS IHURSDAY, FEBRUARY 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hea~ ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, 1~O. Box 1179. Southold, New York 11971-0~59, on THURSDAY, FERRUARY 19, 2009: 9'30 AM..IOHN and MARGARET TONER # 6239. Request for Variances under Section 280-124, based on the Building Inspector's amended October 20~ 2008 Notice of Disapproval concern- mg as-built additions and alterations which exceed the code limitation of 20% of buildable area lot coverage and is less than the minimum required setbacks for combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, Laurel; ~ 1000-143-2-16. 9~ A.M. PHYLLIS KAUPER # 6.M0. Request for a Variance under Section 280-15c, be~ed on the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code hmitation of 750 square feet. Location of Property: 3175 Nassau Point Road, Cutchogue; CTM 1000-104-13-12. 9'.:50 A.M. KEVIN B. and JEANINE FAGA ~6243. Request for a Variance under Section 2g0-116B, based on the Building Inspector's October 23, 2008 Notice of Disapproval concerning a pro- posed additions and alterations to the existing single-family dwelling at less than the code-required minimum of 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14- 8.2. 10:00 A.M. TIMOTHY WOOD and I~IRA DOUGHERTY. JOHNSON ~6244. Request for Variances under Section 280-124, based on the Building Inspector's revised December 30, 2008 Notice of Disapproval concerning a pro- posed new single-inmily dwelling (after demolition of the existing building) in a location with front yard setbacks at less than 35 feet. on this ffi,067 square foot parcel. Location of Property: 340 Locust Lane (and Korn' Ro~d), Southold; CTM 62-3,26. 10:15 A.M. ISIDOROS TSIRNI- KAS and MARIA PAPGIANNAKIS # 6252. Request ft)r Variances under Section 280-i5, based on the Building Inspector's November 12, 2008 Nolice o1 Disapproval for a proposed accessory swimming pool in a front yard instead of the code-required rear yard, and for a fence al a height which will exceed thc code limitation of four (4') feet in a front yard Iocalinn adjacent to C.R. 48 (a/k/a North Road). Location of Property: 940 Homestead Way, Greenport; CTM 1000- 40 2-20. 10'30 A.M. DEBORAH M. PONTI- NO #6254. Requcsl 1or a Special [xcep tion under Secbon 280-I3B to esinblish an Accessory Apartment in this single- family dwelling, with owne~occupancx~ at 2675 Indian Neck Lane, Peconic: CYM 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single4amily dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-famiiy dwell- ing will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is pro2 posed with (nonconforming) habitable space, and permitted uses are Ihnited to single-famgy detached dwellings, not to exceed one dwelling on each lot. 11.'00 A.M. MICHAEL and DANA MEYRAN 06251. Request for a Vari- ance under Sections 280-122A and 280- 124. based on the applicanfs request for a building permit and thc Bintding Inspector's November 6~ 2008 Notice of Disapproval under Zoning Code In terpretatlon g5039 (Application by R. Walz), concerning proposed reconstruc- tion of a dwelling in a location which will increase in the degree of nonconfor- mance at less than 35 feet from the code- required minimum front yard setback. at 280 Youngs Avenue, Maffituck; CTM : 11'.30 A.M. MICHAEL and LAURA Request for Variances under Sections 280-122A and 281J-i24 based on the Building Inspector's revised N6'~.gaber 10~ 2008 Notice of Disapproval corl- cerning additions and alterations to the existing single-family dwelling, which construction will increase the degree of nonconformance when located less than the code required minimum of 35 feet fi.om the front yard lot line adjacent to a private right-of-way and Alpine Avenue, Fishers Island; CTM Parcel 10~8-7 & 6 (merged lot). 1'.30 P-M~LLOYD KAPLAN # 6221 (carryover, pending alternative plan or other information fi.om applicant). Swimming pool at less than 40 feet from front line adjacent to street, (2) lot cov- erage exceeding 20% code limitation on this 14,679 square feet of land area adjacent to tl~e Long Island Sound, at 105 Soundview Avenue, Southold; CTM 50-2-3. 2:00 P.M. ,HOPE SCHNEIDER # 6215 (carryover, pending alternative plan or other information from appli- cant). New dwelling on 4,914 square feet of buildable area, at 1960 Mill Lane (Goldsmiths Inlet), Southold; CTM 67-7- 11 and Variances to increase the degree of rear yard setback nonconformity less than 35 feet, (2) to increase the degree of side yard setbacks at less than 10 feet and less than 25 feet combined, (3) less than 75 feet from the bulkhead~ (4) ex- ceeding the code limitation of 20% lot 2'.30 P.M. DIANE and HENRY HOBBS 06247. Request for a Variance under Sections 280-122A and 280q24. based on the Building Inspector's Sep- tember 24. 2008 Notice of Disapproval and ZBA #5039 (Zoning Code lnte[- pretation in the Matter of R. Walz). The Building Inspector states that the pro- posed alterations and additions to the existing single family dwelling will con- stitute an increase in the degree of non- conformance at less than 40 feet from the code required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue: CTM 1(100-104 4 9. The Board of Appeals will hear all persons, or their representatives, desk- lng to be heard at each hearing, and/or desiring to submit written statements before Iht conclusion of each hear ing. Each in'ariaS will not start earlier than designated above. Files are avail- able for review duling regular business hours and prior to lhe day of the hea~ lng. If you have questions, please do not hesitate ~o contacl our office at (63l) Town. Southold.ny. us. Dated: February 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 34375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) l~O. Box 1179 Southotd, Ny 11971~959 9L77-1T 2/5 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-V06105050 Qualified in Suffolk County NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TONER, J. & M. #6239 MAP # 143-2-16 VARIANCE SETBACK & LOT COVERGE REQUEST As built Additions/Alterations DATE: THURS, FEB 19, 2009, 9:30 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 ~ ~_..~ f~ 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: http://southtown.northfork.net January 0)-¥ 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 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 February 1st 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 al_l 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 undeliverable1 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 durin.q the hearin.q, providinq the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later FebrUary otb: 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 Postin.q for receipt by our office before February 16, 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 Ends. *~ ~sed Professional Engineers Mattituck, New York t t 952 63i-298-1986 Fax 63t-298-2651 April 29, 2008 Mr. Damon Rallis Building Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Toner Property - Sigsbee Road, Mattituck, NY SCTM: 1000-143-2-15 Dear Mr. Rallis: As you requested, below are the lot coverage calculations for the Toner residence. Lot area Existing residence Existing Decks Existing Shed = 7,000 SF = 1,641 SF = 490 SF =64SF Lot coverage with all decks and buildings Lot coverage with all decks and buildings (excluding rear deck) Lot coverage with just existing residence = 31.36% = 28.66% = 23.44% Please do not hesitate to call me if you have any questions or need additional information. cc. John Toner CL WASHER DRYER FLOOR PLAN ASPHALT ,~SHINGLES DOUBLR HUNG WINDOW SOUTH ELEVATION WEST ELEVATION EXISTING WOOD DECK EXISTING EXISTING GARAGE CONVERTED TO LIVING SPACE EXISTING DECK SITE PLAN PROPERTY INFORMATION FROM SURVEY BY YOUNG & YOUNG DATED DECEMBER 21,1977 SCALE / \ EAST ELEVATION Scale: 1/4" = 1'-0" Drawn by: JJC Date: 2-25-2008 Plans are pmpered by Condon Engineerthg, P,C It is a ~ctahon of the New York State Education Law, ACucle 145, Secgon 7209, for any person unless ac'ang under the dlm~on of a hcensed Professional Engineer, Archgect, or Land Surveyor, to alter any item in any way. If an dem beating the seal of an Engineer, Architect, or Land Surveyor is aitemd, tee altenng Engineer, Architect, or Land Surveyor shall affix te the item his/her seal and the notation "Altered by" fctlowed by his/her signature and the date of such altorahons, and a specific description of tee atieraibn. Condon Engineering, P.C. 1755 SigsbeeRoad Maffiluck, NewYoA11952 (631)298-1986(631)298-2651 Fax www.condonenginee~ng.cem Toner Residence 875 Sigsbee Road Mattituck ~'ork Existing Conditions Plan S-1