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Home My WebLink About6310 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing, Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: SEPTEMBER 22, 2009 ZBA FILE # 6310 -Application by Mary Gabriel and Adrianne Greenburg PROPERTY LOCATION: 1115 Sound Drive, Greenport CTM 33-4-74 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. PROPERTY FACTS/DESCRIPTION: The subject property has 100 feet along Sound Avenue and measures 105 feet deep. It is improved with a single-family, one-story framed dwelling and attached wood deck as shown on the survey by Anthony W. Lewandowski, Land Surveyor dated December 16, 2000. BASIS OF APPLICATION: Request for Variances from ZBA Decision #5199 to remove Condition that the construction for a deck remain open to the sky, and from Zoning Code Section 280-122, based on the Building Inspector's April 7, 2009 Notice of Disapproval, to build an enclosed addition to the dwelling, instead of a deck open to the sky, with a setback at less than 35 feet from the rear lot line. LWRP DETERMINATION: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. RELIEF REQUESTED: The applicant proposes to expand the size of the existing den in their dwelling in order to create a dining room, by constructing an 11.4 ftx 11.8 ft one story addition on crawl space over a portion of their existing attached wood deck in their rear yard. ADDITIONAL INFORMATION: Alternative relief was granted for a rear yard setback variance on January 9, 2009 (File #5199) to construct a deck with treads (10' by 38'7") with the condition that the deck remains open to the sky. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - September 22, 2009 ZBA # 6310 - Mary Gabriel and Adrianne Greenburg PROPERTY LOCATION: 1115 Sound Drive, Greenport CTM 33-4-74 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed addition is small and is not visible from the street or from neighboring properties because of heavy, mature vegetation and fencing in the rear yard. 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. The only feasible location for expanded living space is in the rear yard which currently has a deck with a non-conforming setback which will be maintained by the proposed addition. Also the dwelling itself has a non-conforming rear yard setback of 32 feet. 3. Town Law §26'~;b(3)(b)(3). The variance granted herein is not substantial. No increase in the non-conforming~rear yard setback is being proposed. The existing deck is currently 33.9 ftx 10 ft. with two treads. After the proposed addition, the remaining deck will be 23.9 ft. x 10 ft. plus two treads. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created in so far as the applicant's propose to expand their living space on a portion of a deck that was conditioned to remain open to the sky by the ZBA. 5. Town Law §267.b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The terrain is fiat and land disturbance will be minimal because the proposed addition will be on a crawl space rather than a basement foundation. The addition will be fitted with gutters and leaders to control roof runoff. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a small addition to their dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to REMOVE the condition in ZBA determination No. 5199 (Jan. 9, 2003) that the deck shall remain open So the sky, and to GRANT the *variance as applied for, and shown on the architectural drawings by Linda Beutelschies, RA, stamped and dated 4-23-09 labeled sheets Al, A2 and A3, with the following CONDITION: 1. That the remaining 23.9 linear feet of deck (plus treads) remain open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy, when Page 3 - September 22, 2009 ZBA Cf 6310 - Mary Gabdel and Adrianne Greenbu~J PROPERTY LOCATION: 1115 Sound Drive, Greenpo[t CTM 33-4-74 ~sued. 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 minirnis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Go~rm..~, S. jmorr;4~e_isn)an, and Schneider. (Member H°rning was absent') T/b~°lut~.~~.~l~r.~ ,~RECE.IVED 4.,,' _ Soufhold/ow~ Cler} EXISTING EXISTING t EXIET. UNEXCAVATED LINE OF EXISTING f WOOD PLATFORM ABOVE EXIST. CELLAR NEW CRAWL 5PACE NEW ADDITION EXISTING ~_XIS-T'ING FOUNDATION PLAN SCALE; I/4" = I'-0" L ~ ~ ~ NE) EXISTING 8" THE. CONC. BLOCK FOUNDATION WALL mt5 J/."x 8' P. CONC. FOOTING ~ NEW 8" THK. P.CONC. FOLINDATION WALL a~t,h Wx 8" P. CONC. r [ '' FOOTIN,G, 3 PT, i'llN. RELOW GRADE EXISTING WALL CONSTRLiCTION TO REHAIN. -- EXISTING WALL CONETRUCTION TO BE REHOVED. NEll] L!JALL CONSTRUCTION A5 FOLLOWS: TYPICAL, U~ITH R-15 HI-DENSITY BATT INSULATION and I/2" THK. 'CDX' PLYWOOD AT EXTERIOR FACE. ,AT INTERIOR: 2"x 4" WD. STUDS AT IZ"o.c., TYP. WITH I/2" TNK. GYP. Taped and Painted, EA. 51DE ? FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ,'~ 12,~ I REvIsroN NO. DATE SEAL PROJECT TITLE NEW ONE-STORY REAR ADDITION at the GabrieI-Greenberg RESIDENCE 43 Sound RD. Greenport, L.I., New York LOCATION MAP/KEY PLAN Al~.CI-n i't~CTS LONG ISLAND , ~W yQFK B BERNSTBN BQULEVARD CENTER MERC-~S NY 119~4 Tei/Fe~c B3~ 874, 2~ Emolb orkitecte~,netcom,aom DRAWING TITLE EXISTING FOUNDATION PLAN CHECKED b~l: DATE COMM, NO. : 0~O4.1 DRAWING NO. Al L 2-CAR GARAGE EXIST, LIVING EXIDT. KITCHEN EXISTING EXISTING EXIST. SCREENED-II' =ORCH ROOM J ON. TO CELLAR EXISTTNG MASTER BEDROOM EX[ST. LUOOD PLATFORM MASTER E~ATH NED DINING ROOM J NED SITTING ROOM NELU ADDITION EXISTING EXISTING FLOOP--. PLAN SCALE: [/4" = I'-0' L E C_~ E N E} EXISTING 8" THK. CONC. BLOCK FOIJNDATION UALL ~lth I~'x 8" P. CONC. FOOTING ~ NEB 8" THK. P.CONC. FOUNDATION BALL ~,lth I,~"x 8" P. CONC. '"; ':';' FOOTING, B FT. MfN. BEL0[/I GRADE EXIETING BALL CONSTRUCTION TO REi'IAIN. .... EXISTING tUALL CONSTRLICTION TO BE BEHOVED. ~ NEB BALL CONSTRUCTION AS FOLLOU]5, AT EXTERIOR: 2"x 4" IIIO. ETUDE AT I&"o,c,, TYPICAL, UJITH R-lB HI-DENSITY E~ATT INSULATION and I/'~" THK. 'CDX' PLTBIOOD AT EXTERIOR FACE. AT INTERIOR: 2"x 4" IIIO. STRIDE AT I&"o.c.. TYP. UJITH I/2" THK. GYP. FINAL MAP REVIEWED BY ZBA SEE DECISION # ~51~ DATED ¢ /,2,¢, i ~ REVISION NO. DATE o ~ o o o o PROJECT TITLE NEW ONE-STORY REAR ADDITION at the GabrieI-Greenberg RESIDENCE 43 Sound RD. Greenport, El., New York LOCATION MAP/KEY PLAN AI~.CHI'rIsCTS L~B ISLAhD , NEW YORK 9 BERNBTEIN BOULEVARD EE~ITER MORCPES NY 11934 Tel/Fox: 631, 874, ~14P Emo~: orkltecteB,nat cpm. Dam DRAU~[NG TITLE EXISTING FLOOR PLAN SCALE : I/4" = I'-O" DRAUJN bg : LAtE DATE: APRIL 2~, 200c CHECKED b · ~ , DATE: COMM. NO. : CftC4.1 DRAPING NO, .~C ~"-q'/o A2 I I ~ NEW CONC. FOUND. EIALL ~ ×ISTING UJEST ELF__VAT[ON 5CAL=: I/4" = ['-0" NEW CEDAR SHINGLES TO MATCH EXIST. ~ L XI$'-FING SCUT½ LEVATION d FINAL MAP REVIEWED BY ZB.a SEE DECISION # DATED ~] I?~ I REVISION NO. DATE o/~ SEAL PROJECT TITLE NEW ONE-STORY REAR ADDITION at the GabrieI-Greenberg RESIDENCE 43 Sound RD. Gmenport, L.l., New York LOCATION HAP/KEY PLAN ARCI-II'r~CTS LBNG ISLAh[~ , NEW YE]RE BERNSTEIN BBULEVARB EB~t B~ MEFCHES NY 11934 TeVFo>: 631, 874, 2142 Emoll: ~kLtecteix.netcom.¢em DRAINING TITLE EXISTING ELEVATIONS SCALE I/4" = I'-O" DRAWN by LaB DATE: APRIl 2~, 2OO" CHECKED by: DATE: COM~. NO. : CftC4.1 DRAINING NO. A3 L F To: Mary Gabriel 43 Sound Rd. Greenport, NY 11944 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: April 7, 2009 a°&~o OF~i~)~F~LS Please take notice that your application dated April l, 2009 For construction of an addition upon an existing deck at pi. Location of property: 43 $c, ua~ Road, Greenpoi% NY County Tax Map No. 1000 - Section 33 Block 4 Lot 74 Is retumed herewith and disapproved on the following grounds: The proposed construction is not permitted pursuam to Article XXIlI Sect. 280-122 which states: "Nothing in this article shall be deemed to prevent the remodeling etc.., of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The ZBA decision #5199 permitted the nonconforming deck with the condition it remain open to the sky. ? /'I Authorized Signature · ~ APPLICATIOI~OdI~ THE SOUTHOLD TOWN BOARD For Office Use Only ~ Fee: ~_ Filed ~y: .... Date Assign~Assignment No. ~/ Offi Notes: SCTM 1000 Section 053 Blocs 00tot(s) t9 74 Lot Size Zone I (WE) AP~EALiTHE WRITTEN DETERMINATION OF TH~ BUJLDING INSPECTOR DATED ~ff[")l '~. ~ BASED ON M~ DATED /~/~00 ~ App.cant(s)/Owner(s): ~' '~ 6~~~,/ NOT~: Ia a~ditio~ to the agv[ plea~ ~mplete below if appliatioa i~ signed by appli*ant s attora*y, agen~archite~[ hild~r, ~o~tra(l vende~ etc. and name of per~n who Igent represefl~: ..... ' Name of Reoreseatative: ~~ for ( ) Owner~ or ( ) Other: Agent's Address: Telephone Fax #: Email: Pleasf/check box to specify who you wish correspondence to be mailed to, from the above names: [~Applicant/Owner(s), or [] Authorized Representative, or 13 Other Name/Address below: / / WHEREBY THE BUILDING INS,P~CT~OR REVIEWED MAP DATED AN APPLICATIQN DATED ~'?/,J~'~O ~' FOR: 8/~Building Pern~ / - [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use r~ Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article')~///Section 280-/~-~ Subsection Type of Aj}peal. An Appeal is made for: {~rA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~as, [] has not been made at any time with respect to this property, UNDER Appeal No.-o~/~ff Year ~ ~.~. (Please be sure to research before completing this question or call our office for assistance) Name of Owner: Z~File # REASONS FOR APPEAl, (additional sheets maF be used with preparer's signature): M4 y I ~ AREA VAt. CE ~ASONS: ~0~ 0~ ~ (l) An undesirable change will not be produc~ in the C~CTER of the neighborhoodor a . detriment to n~arby~propertjes if g~nted, because:, ~ ~ ~ ~ ~ - (2) The benefit sought by the apphcant C~NOT be achieved by some method feasible for the applicant ~o pursue, other than an area variance, because: ~ ~ ~) The amount of relief requested is not substantial because: ( ) ' ~11 NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~ '~ ' ~ ~ .' . I '~ ~ ~ (~ Has~hiffi. IW~en self-created? ~,or'~o. Are there Covenants and Restrictions concerning this land: ~o. ~ Yes (pl~se furnish co.v). This is the MINI~M that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safe~, and welfare of the community. Check this box ( ) IF A USE VALANCE IS BErG ~QUESTED, AND PLEASE COMPLETE THE ~TTACHED USE VALANCE SHEET: (Plebe be sur~onsult your afforn~.)~ Signature of Appellant l;/.tho~a Agen~ Swor~ b~for~ me this }~ (Agent mugt submit wri~en A~n~tl~ ~om O~ NO~ ~ublic ~NTHIA M. CU~ No~ Public, ~tate of New Yo~ ~o. 0~CU6]00507 Qualdied n Suffolk C~un~ ~mm zsion ~ims ~t 20~ I~ ApPlication by: ~Y"l O. vc~.~_ ('7/~"g'~--'~<~ned Application Office Notes: No, Part B: REASONS FOR USE VARIANCE (Rrequested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project ts Located (please Consult your aflorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent ,nanclal evidence. The appli~a,0t CANNOT re al,ze a REASONABLE RETURN because: {describe on a separate sheet). 2. The alleged h,~rdship relgjtin~g to the pr, qperty Is unique because: __ 3. The alleged hard~hlp, dOes not apply to a substantial portion of the district or neighborhood because: . 4. The request will not a~er th.e. essential character Qf the neighborhood because: ~ ..~~ ~, ,o~ ..~~j,..~ , ,~-. , . - se: 6-/-~ Jl~s is~th~e m~~~ury, While at the same time Preserving and protectin~g the~ character of the neighbOrhood, and the health, safef.v and,welfareAof the community (Please explain on o .pora,e sheet, neCe.~ry.~ ~ ..,~/~.~,~ ~~~~.. p the ordinance will be observed, public safety d~d welfare Will be secured, and substantial jusflce~ wi. II be done because: (..Please expla, jjn on a separa~,e sheet if necessary.) Check this box and cam ( ) omplete PA~T A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your affomey.) OtherWise, please proceed to the slanature and notary area below· Sworn to befo, m, xne thls I .~' -- U%~,,m, ~.,_4 --(No~ PublicV ~HIA M. CU~ N0t~ Pt:~l~c. gf~te 0f N,,w York Qualffie~ m 8uffol~ G. unty ~miss~on ~ms Oct 10 ff ZBA App 9130/02 QU~STIONNAIR~ ~OR ~ql,lNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ~3 Yes [g'No Are there any proposals to change or alter land contours? ~lqo [] 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 wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction 'at or below five feet above mean sea level? ~/t9 E. Are there any patios, concrete barriers, bulkheads or fences that exisl and~are not sho~, on the survey map that you are submittin,gfi~-~~ ~seO~t~x~area of these structures on a diagram if any exist. Or state done" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? /b/O 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? .//b/t~ If yes, please label the proximity of your lands on your map with this application. · Please list present use or operations conducted at this~arcel ..__, . .~a~d proposed use /~/~mpxles: existing~f~; propose: s~e~thg~rag~ol, or~rdescrip~.) - Authorized Si~a~ ~d Date ( / ~*- ~ ~05; 1/07 APPLICANT'S PROJECT DESCRIPTION .. I. For Demolition of Existing Building Ar~s P~e, ase describe ar, eas being removed: ~ II. New Construction Areas (New Dwellin~ ar, Ne~,~Addltions/Extensions): Dimensions of first floor extension: Dimensions of new second floor:/~/,~t ' ' Dimensions of floor above second le~'~l: Height (from finished ground to top of ridge):' /~! ~/t 4__ Is basement or lowest floor area being constructed? If yes, p!egse provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: /,ff'~ '6/ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyorl: Existing square footage of buildings on your property: _ Proposed increase of building coverage: _ ~ ~ o,~.'~,~ ..~l~. Squarefootageofyourlot: /t~. ,~O O -/~r", / ?/ ' ] .... '" Percentage of coverage of your l~t by building ~rea: ./'6~ ~,4 F.~7~ ~fi~. ' ~- '~ V. PurposeofNewConstruction: .~ ,/~r14 _~.#_~4.,,5~_ f' 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 require, ment(s): Please subm}[se~¢i ;hot~o abeled to show different angles of yard areas after staking corners for new construction), a~hotos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 To, wn of South old '3to LWRP CONSISTENCY ASSESSMENT FORM ~[~'O INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall comple~e~CAF for proposed actions that are subject to the Town ofSouthold Waterkont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action hst, policies and egplanations 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 (which includes all of Southold Town). If.a~. y question in Section C on this form is answered "yes", then the ~ro-os k' p ~u action may a]rect me achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the max/mum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM 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.no~thfork.net), the Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): YownBoard ~-~ Planning Board [~] Building Dept. ~BoardofTrustees [] Category of Town of Southold agency action (chedk appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, lard transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (a~--i~P~rmtt, approval, license, certificatiSrii ..................... ~ Nature and ex.tent of action: · ., Lo~ation of action: Site acreage: Present land use: If' an application for the proposed action has been filed with the Town of Southold information shall be provided: (a) Name of applicant: (b) Mailing address: (e) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~f yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of S~uthold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation Criteria. ~]Yes ~ [No [~otApplicable Attach additional sheets if necessary ...... Pohc*~TTroteet .......................... and preserve lil~rlC and arcliaeo~l~gl~l resources oTtlie oT0~n o~13TS'ee LWRP - Section III - Policies Pages 3 through 6 for evaluation criteria .............. [-~N0 APP };~bie' lEI Yes Z] No t I A~ach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [-'] No ~Not Applicable Enhance visual quality and protect scenic resources throughout the Town Of South01d. See 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 throygh 16 for evaluation criteria [--] Yes [~ No ~Not Applicable Attach additional sheets if necessary Policy 5. Protect and ilnprove water quality and supply in the Town of Southold. See LWRP Section HI -PoliCies Pages 16 through 21 for evaluation criteria ~-] Yes ~ No ~oot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for eva~riteria. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LwRP Section III - Policies Pages 32 throngh 34 for evaluation criteria. MAY 1 4 2009 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y. es ~'~ No [~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-] Yes ~ No [~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES ............................ :" - Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section II/- Policies; Pages 47 through 56 for evaluation criteria. '-~y~ ~]-N6'-~ f ~ P-151ic alSl~ ......... Attach additional sheets if necessary 2009 · t~O'~RO 0~. aa Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecont~'P~ry and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes [] [No ~NNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. R Yes ~ Bio ~]~t Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~ot Applicable Created on 5/25/05 11.'20 AM ~ APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics proh/bits 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. { _ r--__e (Last name, first name, m/ifi[tl~ i~hless 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 tllat apply.) Variance Special Exception --' *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "_ ' · ,, . Relationship incl~u_des b..y blgod, marriage, or business interest '~_B.usiness interest" means a~business including~ l~artnership, in which the To~ offi_c.er or emp~n a partia~l ~ent b30 a corporation in which the Town officer or employee owns more than 5% of the hares_ YES NO ~'"~ -- -- lf 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 employe~ or his or her, spouse, sibling, arent or ' ' ~xapply): P , child ~s (check all that ~ A) the owner of greater th~n 5% of the shares of the corporate stock ~-- of the applicant (when the applicant is a corpomtion);' _ ~ B) the legal or beneficial owner of any interest in a non-corp,orate entity ~- (when the applicant is not a corporation); - X ~) an officer, director, partner, or employee of the applicant; or T_~ __~ the actual applicant. DESCRIPTI(~ OF R~LATIONSHIP ~S .ubmitted t~s. ~ day~ f_,~ 1.O/ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ .411 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the Genera[ Municipal Law. 1) Name ofApplicant: /'4~ d. 14~l ~ -~C'~. &,~'-'~.~ . · 2)AddressofApplicant: r'Zt,5 ,..~t~ ~att~ >t'~e%~O~.. /U,ff lt¢ ~t/~ 3) Name of Land Owner (if other than applicant): ~5'An~ ~ t 4) Address of Land Owner: 5) Description olrpropOsed Project: ~ ~ -~, ~ ~ ~ ~ ._ ~2~ 6) Location of Property (road and-t~, ~/nUmber):~j eX .C_^,,~J X~o ~ ./mX/~.~ ~ 4~7. e a~'? 7) Is the parcel within an agricultural district?~qo I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? I-]No I-lyes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zoning Boz~kofAppeals at 765-1809. ~. ~g ~ 1. The local board will solicit comments fiom the owners of land identified above in order to consid~t of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 SEQR 617.21 Appendix C State Environmental Quality R~vi~w SHORT ENI/IRONII~NTAZ A~$E$$MENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1~ Applicant / Sponsor 2. Proiect Name 3. Prelect location: Municipality · ' Ir,¢.¢~ ' rks, etc. or p, rovide map) )NEW ( )EXPANSION ( ~"'~4ODIFICATION / ALTE RATION I 6. Oescdbe project bdeti¥: Amount of land affected: Inltiall,~: acres; Ultimatety: acres ,~/., l ly with existing or other existing land use restrictions:('~) YES ( ) HO IrNo. descdbe bde~ 9. Wh,,~ present land use in vicinity of project: (describe): I(V~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ) Other 10. Does action Involve a pe~rnlt approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ,/ ( ) YES ( ~..gCf-O if Yes, list agency(s) and permit/approvals: t 11. Does any aspect of the action have a currently valid pennti or approval? ( ) YES (t.~) If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I( )YES ( ~,,,~' If Yes. list agen'cy(,) and permit/approvals: I certify that the information provided above is true to the best of my kn~owledge IApplicant/Sponsor Name: .~-)E~' N ~' ~- ~"~'~"~'/,~ Date: *'~%~.~ TOWN OF SOUTItOLD BUILDING DEP~RTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved ., 20 Disapproved a/c Expiration, Building Inspector APPLICATIO~.~FOR BUILDING PERMIT BUILDING PTi~M1T APPLICATION CHECKLIST Do yol~/~ve or need the following, befor~ applying? Board of Health .., ' 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form ',ontact: ,~' Mail to: Phone: F77- 6 Y 14 200 · ~ ' Date ,20 INSTRUCTIONS a. This apphcatlon MUST be completely filled m by typewriter or m ~nk and submitted to ~he Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan show~g loca~ion of ~9t ~and,ofbnildings on premises, relationship to adjoining premises or public streets or areas, and waterways. ' c. The work covered by this application may not be ~o~raenced 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 a~a.i, lable 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 shall expire if the work authorized has not commenced within 12 months after the date of issuanqe, or has not been completed within 1 ~,mqnths 0:o~ such date. If no zoning amendments or other regulations affecting the property have .been enacted in the inte~ba;, the. ~ui'ldiv4, Inspector may authori~ecin writing, the extension of the permit for an addition si~ mofith~. ~hereafter, a new ~6 .fT4. if s*h~fSer~q~ired. .;. ~ ...~ APPLICATION IS HEREBY M]a[DI~ ~ th& B~il~ing 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, s,w fha ~an~tmction 9fbuildings, additions, or alterations or for removal or demolition as herein described. The applicant ag: ~o ~m~/~,h~ll~pl~al~ Ws, ordinances, building code, housing code, and regulations, and to admit authorized i~ ~~j~' ' ' for necessary inspections. 8LOG. DEPT. , TOWN OF S0':rHOLD (Signature of applicant or name, ifa corporation) (Mailing address of~pplicant) ' ' - Name of owner of premises (As on the tax roll or latest 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. Location of land on which proposed work will be done: 43 lZ.v. House Number Street Hamlet County Tax Map No. 1000 Section O ~. OO Block 04.. OO Lot O'7,e~. 000 Subdivision Filed Map No. Lot /3 7~'- State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisfing use and occupancy o~-.~,.,.,Iv r~,,}.~.l~,.., 5. If dwelling, number of dwelling units If garage, number of cars - '2 - 6. If business, commercial or mixed occ~ 7. Dimensions of existing structures, ifm b. Intended use and occupancy O ~.e _r).4~l_~: Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost Addition Other Work Alteration (Description) [tI~CJ ~ ° ~e~ ' i" (To be pald on filing this application) Number of dw~iling units on each floor [ mnc~tent of each type of use. i~i '/.~ r. ~ront ,~ ~'-:~ Rear ,~'~ , 5' .Depth ~(o ' Rear Height I-/' -q" ~ Number of Stories [ Dimensions of same structure with alterations or additions: Front .{'$.~' .,/~m r~ ) Depth ~' Height ]'t'-4" f ('~.~¢.) Number of Stories ~ Dimensions of entire new construction: Front Rear ! 7. t )< Depth Height l"t '- 4" ~ Number of Stories [ Size of lot: Front [ot~~ Rear 1OO' Depth · 10. Date ofPurchaserD",0~t-o~b.~ I Name of Former Owner · 11. Zone or use district in which premises are situated [lx- .~' O I2. Does proposed construction violate any zoning law, ordinance or regulation? YES Y/' NO 13. Will lot be re-graded? YES __ NO /Will excess fill be removed from premises? YES __ ~i ~t': ~, ~ Address 4G?e~e.~°~'~tg.~ '14 ¥..~*~ '^ Phone No.~l. Names of Owner of premises }~lZv 14. Name of Architect L.,,a,~, A. ~a,,'[81.gO&l~qAddress~PhoneNo~ Nme of Contractor iE~o/~ - - Address ~Phone 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YE$-~- ~'- · · iF YES, SOU~O:D TOWN TRUSTaES a D.a.C. P~R~ITS mY aa, X~u~ 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 t¢ property lines. ; 17. If olevatioh at '.~y p'mnt on propert~y Js it I 0 feet or below, must providklgpographical data ~/1.8. Are there any covenants and restrictions with respect to this property? * YES __ NO__ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUN [~ll,,.t (~tD~t~ ~ being duly sworn, deposes and says that (s)he is the applicm-~t (Name of~ndividual 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. '; '~gnaturc of Applicant TOWN OF SOUTHOLD PROPERTY RECORD CARD /~-2.2_ OWNER STRE~ // RE~ ~/~ S~S. VL. FARM CO~. CB. MlCS. Mkt. Volue ~ND IMP. TOTAL DATE RE~RKS ~ AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre V~tue Per Value Acre Tillable FRONTAGE ON WATER Wo~lond Meed~.d DEPTH House Plot BULKH~D Totol D~K TRIM 33-4-74 10/03 M. Bldg. ExtenSion Extension Extension Porch B reezewoy Garage P~tio Ext. Walls Fire Place ~e~RoOf Recreation Room Bath Floors InteriOr'FiMsh Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. L~.' DR. BR. FIN. B M. Bldg. Extension Extension COLOR 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 18, 2009 RE: Zoning Appeal No 6310 Transmitted herewith is Zoning Appeals No. 6310 of Mary Gabriel and Adrianne Greenberg- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Applicant's Project Description, LWRP Consistency Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Short Environmental Assessment Form, Findings, Deliberations and Determination Meeting of January 9, 2003, Notice of Disapproval Dated April 7, 2009, Application for Building Permit Disapproved April 7, 2009, Southold Town Propen'y Record Card (2 Pages), Copy of Survey Dated December 16,2000 (2 Copies), Copy of Tax Map, Photos (4Pages), Drawing Plans Date Drawn April 23, 2009 (3 pages) Town Of Southold p.o Box 1179 Southold, NY 11971 Date: 05/14/09 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 48212 Reference Subtotal 6310 $400.00 Check#: 0903 Total Paid: $400.00 Name: Gabriel, Ma~ 43 Sound Rd. GreenpoR, NY 11944 Clerk ID: CAROLH Internal ID: 6310 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 27~ 2009: 10:25 A.M. MARY C. CABRIEL # 6310. Request for Variances from ZBA Decision #5199 to remove Condition that the construction for a deck remain open to the sky, and from Zoning Code Section 280-122, based on the Building Inspector's April 7, 2009 Notice of Disapproval, to build an enclosed addition to the dwelling, instead of a deck open to the sky, with a setback at less than 35 feet from the rear lot line, at 1115 Sound Drive, Greenport; CTM 33-4-74. 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 (831) 765-1809, or by email: Linda. Kowalski@Town.Southoldony.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 Southold Town Zoning Board of Appeals 53095 Main Road Southold. NY 11971-0959 AU0 2 ~ 2009 i? ~ ~ i~ . ...."~: August 6, ;]009 Dear ZBA, We are authorizing our architect, Linda Beutelschies, to represent us at the public hearing on August 27, 2009 at 10:25 AM. Ms. Beutelschies' telephone number is 631-878- 9477. Her address is 9 Bernstein Blvd, Center Moriches, NY 11934. We are listed as Gabriel/Greenberg # 6310. It is a request for a variance from ZBA decision #5199 to remove the condition that the construction for a deck remain open to the sky with a setback at less than 35 feet from the rear lot line at 111 5 Sound Drive, Greenport, NT; CTM 33-4-74. Mary Gabriel ' Adrianne Greenberg Attn: Elizabeth 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. Sworn to before me this Prir~cipal Clerk b I~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 29, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, August 27, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 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 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 addre§s as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q 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 dur n.q the hearinq, providing the returned letter to us as soon as possible; ' th ' AND not later than August 11 : Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent · record as proof of all Notices. 2) Not Later 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 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 Posting for receipt by our Office before August 25, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GABRIEL, MARY # 6310 MAP #: 33.-4-74 VARIANCE: SETBACK (ADD ENCLOSURE) REQUEST: REMOVE ZBA #5199 FOR ADDITION DATE: THURSDAY, AUG 27, 2009 10:25 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD Of APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- 'X ~--3/o . AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ;!4 ;'~'y C . ~l~ ~'l ~./-.- residing at ~p~, ~. ~ , New York being duly sworn, depose and say that: ( On the/~ day of ~ p~OS~ ,2~?, I personally mailed at the United States Post 0~ in ~e~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree ~py of the atta~ed L~al Notice ia prepaid envelopes address~ to ~ent owners shown on ~e ~ent assessment rell verifi~ from the o~cial re~rds on file with the ( ) Assessors, or ( ) County Real Proped~ O~ce' , for eve~ .prope~ which abuts and is across a public or pdvate street, or vehicular right.f- way of record, surrounding the applicant's properly. ~igna ur ) Sworn to before me this ~l~ day of ~~ ,200 ~ CONNIED. BUNCH N~ ~blic, Oual~ in ~k ~n~l~ Commission E~ir~ Apd114, (Nota~ Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the oWner names and addresses for which notices were mailed. Thank you. ,~ ::llS'O 0944 O~ Certified Fee Return Receipt Fee (Endomement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees r -~- Postage Certified Fee D Return Receipt Fee [~ (Endorsement Required) Restricted Deliver'/Fee (Endorsement Required) ru Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver~ Fee (Endorsement Required) Total Postage & Fees ¢2~80 :2:30 RECEIVED ,2, and 3. AJso complete t 4 If I~dn~ed Dellve~ la de~ired. address on the reveme :ard to you. t ~e f~x~t If space permits. I-lyee eOAMo oF ~41~ · Cemptete rmms 1,2, and 3. Also complete Item 4 If Restricted Delive~j Is desired. · Print your name and address on the reverse so that we {3en return the card to you. · Attach I~is card to tile back of the mailpiece, D. Is delivery address different from Item 17 Ye~ If YES, enter delivery address below: [] No [3"~Ceftlfled Mall [] Express Mall 4. Restricted Delivery? (Extra Fee) I-I Yes 2. ~ Number ~ ~ ~ 3811, F~m~ 20~ · OIIl~ items 1,2, and 3. Nso complete km 4 ff Restflcted DellYery Is deeired. II Pflnt your name and address on the reverse . so tflat we can return the card to you. · Attach thb card to the back of tile mallplece, w on the front If ~ permits. A. Signature · E] ~ent e. Received by ('P~nted Name) D. Is dellvee/addmea different from item 17 If YES, enter delivery eddmss belo~. Registered [~'Retum Receipt for ~ [] Insured Mall [] C.O.D. ?~ 7009 0620 0001 7468 7973 -PS Fo~m 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete Item 4 ff Re~l~-'ted ~ Is de,red. ·Prtnt your name and addree~ on the reverse so that we osn tatum the oa~l to you. · Attach this o8~1 to the back of the malllY~ce. D Addm~ee 4. Rest~cted D~r/~ ,~.~a ~ee) OYes ~ms~er ~on~ ~ce/az~ 7009 0820 0001 PS Form 3811, February 2004 Domestic Retum Receipt 7468 7997 · C. xx~plete Items 1, 2, and 3. Also complete Item 4 If Restxicted D(dive~/Is desired. · Ptl'nt '~biJr name ;md address on the reverse so that we can return the card to you. · Attach this card to the back of the rnailplece, or on the fl'ont if space permits. 1. Article Addressed to: O. Isdel~ve~addmaa~=~fl~n item 17 [] ~ ff YES, e~te~ delivery address below: ~ 3. ~T~T3e rl Cmtlfled MaJI 0 r:xl~e~ f, Aall [] Reglstmed [] Retum Raca4pt for Mm'chandbe [] Insured MaJI [] C.O.D. 4. Re~ri~ed De~lv~ ~_x~ra Fee) aYes ~T~a~e~c~/~ 7009 0820 0001 7468 8000 PS Form 3811, Febma~j 200~ Domestic Return Receipt ZONING BOARD OF APPEALS -TOWN Of SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli ~cant) AFFIDAVIT · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- - ¥='7 COUNTY OF SUFFOLK) STATE OF NEW YORK) X Neyv York, being duly sworn, depose and say that: On the day of ,200 , I pe~-sonally placed the Town's official Poster, with the date of headng and nature of my application · '. noted thereon, Securely upon my property, located ten'(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days pri°r t° the date °f the subject hearing date' ~~.u-te~/~ be~. ' ' (Si. /4a re) Sworn to before me this (Notary Public) CONNIE L). IJUNCH Notary Public. State of New Yo~k No. 01BU6185050 ~ Qua hUed n Suffolk County,. L;ommiss on Expires April 14, 20 Ic~- *near the entrance or driveway entrance of my property, as the area most visible to passersby. :RPPF~LS BOARD MEMBERS~'~ Lydia A. Tortora. Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 9, 2003 Appl. No. 5199 - ADRtANNE GREENBERG and MARY C GABRIEL Property Location: 1115 Sound Drive, Greenpon.; 33-4-74. ~DETERMIN~: The Zoning Board of Appeals has vlsitLd the property under cowsideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions. without an adverse effect on the environmem if the pwject is implemented a~ plannc~ PROPERTY FACTS/DESCRIVrlON. Applicants' proper~ is located al~g the west side of SouM Drive: Greenpon, and Consists of 10,500 sq. f~., wi~h 100 fk of road frontage. The property,' is improved w~h a single-family dwelling with attached garage, ms shown on the survey prepared by Anthony W. Lewandowski, L.S. daled December 16. 2000. BASIS OF _APPLICATION: Building Department's July 8. 2002 Notice of Disapproval for a proposed deck addition to the existaeg dwelling with a setback at less than 35 feet from the rear lot line. FINDINGS OF FACT The Zoalng Board of Appeals held a public hearin~ on this application on Decemb0r 12, 2002, at wltichtime written and omi evidence were pwsented. Based upon all Iestimony, cincumentation. pexsonal inspection of the property_, and other evidence_ tbe Zoning Bom'd finds the folloWing ARFAk VARlANCE RELIEF REOUESTED: Applicants wish to constract a 12' by 38'7' open denl~ addition to the existing single-family dwelling, whinh has a nonconfomung max yard setback of 32' from tho rear propert3 line. The proposed deck addition would result in a 20' setback from the rear property line instead oft.he code-required 35' minimum P, EAS~S FOR BOARD ACTION On the basis of testimony presented, materials submit~l and personal inspections, the Board makes the following findings: I. The property Is a small lot consisting of 10.500 sq ff. and in improved with a smglo-family dwelling. Although fha applicant testified that the deck will not be visible to the adjoining property owners because a fence separates the two propenie~, the board concludes that thc pnaposed 20' setback would be too close to thc adjoining propen3 and with a greater setback and minimum relief set forth belox~, the deck will not produce an undesirable change in the character of the neighborhood or be a detriment to nearby propemcs Page 2 - JanuaD~ 9~ 2003 - / Appl. No. 5199 - Greenberg and Gabriel 33-4-74 at Greenpor~ 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant 1o pursue, other than the area variance requested. Applicant c. an reduce the width &the deck to l0 feet instead of the proposed 12 feet to increase the rear ~ setback to 22 fl. inste~ of the proposed 20 feet. % %?° % 3. The proposed setback of 20 ' is substantial and represents a 43% reduction in the code's 35- foot minimum. While a 22 fL setback is substantial, it is the minimum relief feasible to allow the applicant to enjoy the henefas of the proposed deck addition. 4. The alleged difficulty has been self-created because the applicants knew or should have kno~a of the code regulations when then purchased the property in 2001 5. No cvidenee has been submitted m suggest that the alternative relief granted will have an adverse impact on physical or cmAronmemal conditions in the n~ghbothood. 6. Grant of alternative relief is the minimum action necessary and adequate ~o enable the applicant to enjoy the bcncfit of an open deck while preserving and protecting the character of the n~ighborbeod and the health, safct~ and welfare of thc communay. RESOLUTION OF THE ~ In considering ali of the above factors and applying the balancing test urMer New York Tm,~n Law 267-B, motion was offered by Chairwoman Tortora, seconded by Member Goehringcr. and duly carried, to DENY the Variance AS APPLIED FOR. and ALTERNATIVELY to GRANT a variance authorizing a 10' by 38' 7" open deck addition no closer than 20 R. fi.om the rear yard property line as shown on the December 16, 2000 Anthony Lewandowski, L.S. survey (with deck sketch added by the applicant, SLrBJECT TO THE FOLLOWING CONDITION: The deck shall rernmn open to the sky. 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 ADDKESSED IN THIS ACTION Vote of the Board: AS~S: Members Tortora (Chainvcurmn), G~r, unanao aha O'ffva. (Member Horamg of Fishers l~land w-as absent.) This Resoluti~n~d~.'~q .p~d, ~(~05~ .?.7. :.: ~ ~ ? /~g~Cdia A. Tortora~Clmimmn 2/~/20(J3 ~. ...... ~J./~ ,~ .. . ~, ~C~D BOARD OF APPEALS