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Home My WebLink About6325 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.netBOARD OF APPEALS TOWNOESO T.OL. Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD NOVEMBER 12, 2009 ZBA # 6325 - KATHRYN FARRAND-MOONEY, Applicant LOCATION OF PROPERTY: 1769 Smith Road, Peconic; CTM Parcel # 1000-98.-4-20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 30,776 square foot lot in the R-40 District, running 60.14 feet along Little Peconic Bay to the southeast, 363.06 + 90.4 feet along the western boundary 64.30 feet along the northern boundary, and 81 + 339.94 anong the eastern boundary. The property is improved by a single-story residence and a frame shed, as shown on a survey by Stanley J. Isaksen, Jr., L.S. dated November 30, 2004. A tidal wetlands boundary delineated by E-S Consultants, Inc. on May 6, 2009 indicates an area of beach sand and beach grass of between 4,000 and 7,000 square feet on the seaward side portion of the property. This lot appears to be between 20,000 and 30,000 square feet, after deleting land below the bluff or bank of Little Peconic Bay. BASIS OF APPLICATION: Request for a Variance under Section 280-122A (and ZBA Zoning Code Interpretation # 5039) based on the Building Inspector's July 9, 2009 Notice of Disapproval concerning an application for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new nonconformance with regarding to a single side yard at less than 15 feet and combined side yards totaling less than 35 feet. LWRP DETERMINATION: A Letter dated April 21, 2009 was submitted to the Board of Appeals under the LWRP referral stating consistency of the LWRP Policy Standards of Chapter 95, Town of Southold Code. Page 2 of 3 - November 12, 2009 ZBA # 6325 - Kathryn Farrand-Mooney, Applicant CTM 1000-98-4-20 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 29, 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: RELIEF REQUESTED: The applicant requests a variance to allow an addition of a second floor over the existing single-story house having nonconforming 5.8 and 7.7 foot side yard setbacks. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Construction will be entirely within the existing footprint. Adding a second story will bring the house into conformity with the neighboring two-story houses. 2. Town Law Section 267-b(3)(b)(2). The benefit of increasing the living area cannot be achieved byany method, feasible for the applicant to pursue, not requiring a variance. Since the location of the house is already nonconforming, Increasing the footprint by extending the walls of the side of house would also require an area variance. 3. Town Law Section 267-b(3)(b)(3). The proposed vadance is substantial as measured bythe proposed increase in the degree of nonconformance in accordance with Code Section 280- 122A and ZBA Zoning Code Interpretation # 5039. Construction of a second floor will heady double the nonconforming volume. The effect of this change will be mitigated by the fact that the footprin~of the house, and hence the distance of the house from the neighboring houses, will remain the same, and that the height of the applicant's house will not exceed that of either of the adjacent houses. 4. Town Law Section 267-b(3)(b)(5). The difficulty was created when the house was built pdor to the 1957 introduction of zoning, thereby making the side setbacks nonconforming. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that a variance to allow this construction will have an adverse impact on the physical or environmental conditions in the neighborhood. The house remains more than 100 feet from the edge of wetlands. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to Page 3 of 3 - November 12, 2009 ZBA # 6325 - Kathryn Farrand-Mooney, Applicant CTM 1000-98-4-20 GRANT the variance as applied for, as shown on diagrams dated 1-09 (Sheets 1, 2 and 3) and site plan submitted July 17, 2009, prepared by L. Bennett Residential Development & Design, Inc. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Simon, Weisman~p_.,.aJ:u:LS~hneider. Member Horning was absent. This Resolution was duly ~ J Ger~ard'P'. Goehringer, Chairman.,/ ~proved for Filin~ 11//~ f2009 FIN. FL, ~NT ~"LLmV'AT!ON-NOI~,TM ,,. ........ 1/4"= I'- 0'" L I/4": I'- 0" pp..ELlivlINAP-.'r' PLANS HAVE E~EEN P~EPAP-.E~ FOR Z.tD.A, ANP PLANNIN~ U,SE ONLY. AT SL)C.H TINIE OF: ANY APPROVALS, PLANS WILL D,E GOI"dPLETED PORE, UILIPlN® PEPAR'ThdENT USE. I I I I SEAL FIN. PL. 0 O0 Ll~t~r' 51DE ELL~/'ATION-PIES? .... 1/4"¢ U- 0" JUL 1 5 200g , NOTtE! PRELIMINARY PLAN.~ HAVE t~E~N PREPARED> ZjD.A. AND PLANNIN¢ UCE ONLY. AT ~UOH TIME FOR DUILDIN¢ DEPARTMENT USE. FOR OF EXlCTIN¢ mlNIN¢ ROOM EXI.~TIN¢ .~IVIN¢ ~OOM EXIDTIN~, I~XtDTIN'~ t~t'r¢HEN =X~TIN¢ LtBA~,¥ P~,OPODED '1512,i 5G, FT, ¥4"= I'- O" JUL 1 5 200~ // P~ELIH1NA~T PLAN5 HAVE DEEN PREPARED FO~ Z.B.A. ANP PLANNINe USE ONLY. AT AN% APPROVALS, PLAN5 HILL BE COMPLETE~ // ' Jl BENNETT 51 Dw.w,R PARK A'V~INUE BABYLON, N-Y 11702 (631)661-7318 lvAx (631)661-7310 Jul 16 0911:O~a F, elly i~enneu- - JUL 1 7 200~ 1 2-,5 E. SUNRISE HWY, ~'~'i"i:'E l ....... LINDENHURST, NY I 1 ?5'7 I:~H, {631 ) FtBB-'7-"'4 I'B FAX:.(6"~ I ) FAX TRANSMITTAL FDRM: PH: INI~LLI DING I-~3VER MESSABE: ~,,O¢,bEolP To ~-C, ON~ FLOOR I~XISTIN~ KITCHEN ,:t'-Io' c.L~. I-rr, t~XISTIN~, ~t'-IO' CLE~. HT. Pt~,OI=OSt~D FIRST FLO0~ PLAN 15'f2,1 54~. FT. I/4": I'- O" FORM NO. 3 NOTICE OF DISAPPROVAL Date: July 9, 2009 TO: Patricia Moore, Atty. For Kathryn Farrand 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated June 30, 2009 For permit for renovations and additions at: Location of property: 1769 Smith Rd., Peconic County Tax Map No. 1000 Section 9~8 Block _4 Lot 20 ls returned herewith and disapproved on the tbllowing grounds: The proposed construction, on this non-conforming 30,776 sq. ft. lot in the R-40 District, is not permitted pursuant to Article XXlII Section 280-122A which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The dwelling with additions, notes a side yard setback of 5.8'+/- on the west side and 7.7'+/- on the East side fur a total of 13.3' +/-. Pursuant to the interpretation of Walz (5039) such addition & alteration will thus constitute an increase in the degree of nonconformance. The construction is not permitted pursuant to Article XXIII, Section 280-124, which states that non-conforming lots, measuring 20,000 sq. ft. to 39,999 sq. ft. require a minimum side yard setback of 15' with a total of 35'. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Note: Shed will either be removed or moved to conform. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REcEZVED AU6 2 4 2009 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING August 19, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission were to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Swing, Robert Tenedios, Steve & Olga Parra, Lorraine Farrand-Mooney, Kathryn Meskouris, Chris & Maryann Shipman, Jori & Jennifer Morris, Betty Ann & Kevin TRK:ds 6320 6323 6324 6335 6326 6327 6328 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 {631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: MarkTerry, Principal Planner~%~ LWRP Coordinator Date: October 2, 2009 Re: OCT - 5 2009 ZBA File Reference No. 6325 Farrand-Mooney SCTM#1000-98.-4-20 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1769 Street Smith Road SCTM 1000 Section 9_~8 Block 04 Lot(s)_ 20 Hamlet Peconic Lot Size 30~776 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 9, 2009 BASED ON MAP November 30, 2004 last dated May 26, 2009 Applicant(s)/Owner(s): Kathryn Farrand-Moone¥ Mailing Address: 47 Shoreham Road, Massapequa NY 11758 Telephone: 516-509-1141 Fax #: Email: pcmoorel~optonline.net 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: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel(~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED November 30~ 2004 last dated May 26~2009 and DENIED AN APPLICATION DATED June 30~ 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Preexisting side yards (5.8' and 7.7') for a total side yard of 13.3' retained with second floor addition, pursuant to Walz (5039) additions to existing nonconforming dwelling Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [3 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, X 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 offtce for assistance.) Name of Owner: Kathryn Ferrand ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The applicant wishes to construct a second floor to the existing house. The roof line will be raised to provide code compliant ceiling heights to the existing attic space. The first floor was renovated previously and complied with FEMA regulations at the time and will comply with the new flood map (AE6). The adjacent properties are two story dwellings and the owner wishes to move the master bedroom to the second floor. The only proposed additional lot coverage is for the stairway to the second floor. The existing house is small and the staircase will be added on the front of the house. A portico is proposed over the existing stairs. The neighboring homes are two story and have been improved over the years. The setbacks are maintained. The house is more than 100 feet from the wetlands and the side yard setbacks are preexisting nonconforming. The additions are on the landward side of the house. (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: The proposed second floor is over the existing dwelling, there is no alternative, the existing house is preserved with little change. (3) The amount of relief requested is not substantial because: The proposed construction is over the existing structure and will comply with height requirements. There is no impact to the neighborhood because the adjacent properties are already two story homes. The existing house is maintained with a roof alteration. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing house is more than 100 feet from the edge of wetlands and the roof alterations will not impact the wetlands. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No This house predates the current zoning setbacks and the setbacks are being maintained. Are there Covenants and Restrictions concerning this land: E No. Yes (please furnish cot~v). Except standard Trustees permit conditions of non-turf buffer and dry-wells. 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: (Please be sur~~r attorney.) ( Sipna~tl~e of Appellant or Anthorized Agent Sworn to before me this /~.~TT"/ (^gert! must ~ubmil wrinen Authorization fro~ Owner} day of ~ML~,20 O ~. I~A~RA~ET C. RUTKOWSI~ O~/ii~i ~ ;~ ~u~olk Count~ Commi~s[or~ Expires June 3, ;~-~/! OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Kathryn Farrand 1000-98-4-20 Is the subject premises listed on the real estate market for sale? [] Yes E No B. Are there any proposals to change or alter land contours? E No 12 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? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? more than 100' Please confirm status of your inquiry or application with the Trustees: letter of no iurisdiction and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no lfyes, please submit a copy &your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel existing house and proposed use same with second floor bedroom suite /(~xam~isting: single-family; proposed: same with garage or pool, or other description.) A~ff~'~'ignature and Date 2/05; 1/07 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Kathryn Farrand Date Prepared:July 9, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: Existing dwelling remains II. New Construction Areas (New Dwelling or New Additions/Extensions): second floor addition to existing dwelling Dimensions of first floor extension: in front of house portico 6.1' x 4', 7'.8" x 10'2" stairwell addition Dimensions of new second floor: 39' 10" x 33' see plans for exact dimensions Dimensions of floor above second level: none Height (from finished ground to top of ridge) 34 to top of ridge Is basement or lowest floor area being constructed existing- no change If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one story Number of Floors and Changes WITH Alterations: relocate master bedroom suit to second floor IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 44.5 x 51.3 = less than 2,282.85 Square footage of your lot:~30,776 sq.ft. Less 4,800 sq.ft. (Wetlands to Peconic Bay)= 25,976 sq.ft of upland Percentage of coverage of your lot by building area: 11% V. Purpose of New Construction Requested: relocate master bedroom to second floor 0 VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): house with garage on flat land, contains an existing bulkhead and surrounded bv Town owned open space. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 7 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD It/HEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan ~Pproval, use variance, or subdivision approval on property within an agricultural district OR within 500.feet of a farm operation located in agricultural district~ All applications requiring an agricultural data statement must be referred to the Suffolk CounO~ Department of Planning in accordance With Sections 239- m and 239-n of the General Municipal Law. · 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner:' 5) Description of Proposed Project:__~ __ 6) Location Of Property (road and tax map number) 7) Isthe parcel within an agricultural district? J~No ]'-]Yes If yes, Agricultural District Number 8) ts this parcel actively farmed?.~No t~Yes 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 Towia Assessors Office, Town Halt 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: Na e and Address 1. 2. 6. (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 either the 765'193~~Board of Appeals at 76521809. Office of the Planning Board at :~a~/~p~licant Date Note: I. The local board will solicit commen ~s from the owners of land. identified above in order to consider the effect Of the proposed act/or on their farm opera6on. 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. Copi~ 0f the completed Agricultural Data Statement shall be sent by'applicant and/or the ~:lerk Of the board to the property owners identified above. The cost for mailing.shall be pa d by the applicant at the time the application ia submitted for review. Failure to pay at such time mcans the appIicatien is not complete and i:annot be acted upon by the board 1-14-09 PATRICIA C. MOORE Attorney at Law 020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 13, 2009 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Kathryn Farrand-Mooney 1000-98-4-20 Margaret Rutkowski Betsy Perkins Secretary Dear Chairman and Board members: Enclosed please find 8 packets of the following documents: 1. Variance Application with authorization 2. Notice of disapproval 3. LWRP 4. Questionnaire 5. Project Description 6. Transactional Disclosure Form 7. Short EAF 8. Survey 9. Photographs 10. Architectural Plans 11. Property card 12. My client's check for the filing fee If you need anything else please do not me. hesitate to contact Ve ~y~%~ yours, · Moore PCM/bp encls. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined 20__ Approved ,20 Disapproved a/c Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you 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.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: BLDG. DEPT. TOWN OF SOUTHOLD Building Inspector APPLICATION FOR BUILDING PERMIT Date 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 adjoining 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 shall expire if the work authorized has not commenced within 12 months aRer 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 ora 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 herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, hougjag ~-'~,,~and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~-~Signature of apl>licant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises x..~r,v~ ~//t>O,o~'~ (As 6n 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 propos, ed workja(ill be done: House Number Street County Tax Map No. 1000 Section Subdivision Block /7/ Lot 2.E) Filed Map No. .. ~, . :i~Lot ~ Hamlet 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. ~x:'st:'nguseando~upancy ,,~,** 3~.rt~ ~ gdt"r~.A-~, ~'~t~,s~ r~,,..~/ ~4wtrf~wJtz~. a~fr/~w b. Intended use and occupancy ~ ~ ~ 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee (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. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth ~; ~ Rear Number of StorieS l i ~"'~ ~ ~ Rear ~fi ~ a e~th ~ .Depth Dimensions of same structure with alterations or additions: Front Depth Height. 8. Dimensions of entire new construction: Front , t;~S. $ Height Number of Stories 9. Size of lot: Front Rear 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 )~ NO . 13. Will lot be re-graded? YES NO ~r Will excess fill be removed from premises? YES __ 14. Names of Owner of premises Name of Architect Name of Contractor 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) SS: COUNTY OF Cbt ~F]-."t-~-t ~ ( py ~. P700FLE being duly sworn, deposes and says that (s)he is the applicant (Name of 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 m~d 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. Sworn to before me this ~. o/TN day of ,~T'ot/v~' 20 0 ~ o Notary Public MARGARET C. RUTKOWSKi Notary Publio, State of New York No. 4982528 h(;lullmld 141 8~ffolk ~ounly,~ _ Signature of Applicant Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-98-4-20 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals r-I_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: second floor addition to existing residence, the existing house is consistent as it is more than 100' from edge of wetlands Location of action: 1769 Smith Road, Peconic Site acreage: 30,776 sq.ft. Present land use: existing house Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Kathrvn Farrand Moonev (b) Mailing address: c/o Patricia C. Moore 51020 Main Road, Southold, NY 11971 (c) Telephone number: (631 ~ 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section Ili - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The existing house is more than 100' from the edge of wetlands. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes [] No [] Not Applicable [] Discussion (if appropriate): neighborhood existing dwelling has no visual impact- residential NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the addition to the existing house is conforming to current standards Policy S. Protect and improve water quality and supply in the Town of Southold See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): addition does not require additional measures- 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 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): more than 100' from the edge of wetlands Policy7. Protect and improve air quality in the Town of Southold. See LWRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Existing use no impact to air quality 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 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact- existing use Town of Southold LWKP Consistency Assessment Form 3 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 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on public access along Peconic Bay WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residentialuse Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111 - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ No impact Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 617.20 ~ En¥1ronmental Quality Review'" ~ SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I'- PR~ECT INFOR~TION ~o ~ comple~ by Applicant o~.Pmje~ Sponsor) 1. ~PLI~/SPONSOR~ ~ 2. 4. P~ClSE LO~TION (S~t a~r~ and m~ inteme~ions, prominent la~ma~s, etc., or p~e'map) 5. PROPOSED ACTION IS: 6. ~SCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFE~ Initially ~.~, ~7~' =~ Ultimately ~ 77~' 'e~ec~es 8. WILL PROPO$~:L~ ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIC'rlONS? 9. WHAT IS PRESENT LAND USE IN VIClNn'Y OF PROJECT? Desk:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other 10. 11. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOVV OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: \ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name end permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODiFiCATION? []Yes ~[~.o I C=K I IFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE IIf the action is in the Coastal Area, and you are .a state agency, complete the Coastal Assessment Form before proceed,ng with ,s assessment I OVER 1 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Patricia C. Moore, Kathryo Farrand Mooney (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares 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 NONE Submitted t~ offS' Owner Kathryn Farrand Mooney Kathryn Farrand Mooney 47 Shoreham Road Massapequa NY 11758 April 14, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Kathry Farrand Mooney, hereby authorize you to make any and all applications to the Southold Town Zoning Board of Appeals, Southold Town Trustees, New York State DEC, Suffolk County Health Department and any other necessary agencies on my behalf regarding property located at 1769 Smith Road, Peconic, New York 11958 (scm: 1000-98-4-20) Very truly yours, rathryn Farrand~Vloone~ ~-/ Kathryn Farrand Mooney 1769 Smith Road, Peconic NY SCTM# 1000-98-4-20 Second Floor Addition to existing dwelling Kathryn Farrand Mooney 1769 Smith Road, Peconic NY SCTM# 1000-98-4-20 Second Floor Addition to existing dwelling //~--~-* ?¢-~-~o TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER STREET FORMER N ES, VL. LAND IMP. TOTAL VI LLAGE DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT _~ COMM. IND. MISC. DATE REMARKS NEW NORMAL BELOW Fo mm ilia,hie 1 illable 2 Acre Value Per Acre VoJue illable 3 foodlcmd vamPland 'ushlar~l - L ouse Plot ~tal -7 98.-4-20 4/07" ~e~,~sJon' ~ ~ Ext. Wails interior Fit~ish ~ ~,/"/ ,_ / o~ ~, ~ ~ Fire Pi=ce He~ ~ ~ ~/~'~ ~/~ , .~6 ~_~ ~,~ / Porch Attic ~ ~ · ~ ~ ~ P~tio R~ms 2nd Flor ~ge ~ C~ ~ . Driveway 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: July 15, 2009 RE: Zoning Appeal No 6325 Transmitted herewith is Zoning Appeals No. 6325 PF Kath .ryn Farrand-Moone¥ - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Applicant's Project Description, Agricultural Data Statement Dated 7/13/09, LWRP Consistency Assessment Form, Short Environmental Assessment Form Dated 7/10/09, Transactional Disclosure Form, Notice of Disapproval Date July 9, 2009, Authorization Letter from Kathryn Farrand-Mooney to Patricia Moore to represent them in this matter Dated April 14, 2009, Letter from Patricia Moore to ZBA enclosed contents Dated July 13, 2009, Property Record Card (2 Pages), 3 Pages of Pictures, Copy of Survey Dated November 30, 2004, 3 Pages of Plans Dated 1-09. Town Annex/Ftrst Floor, Nogah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL. SHEET To: tg -b Vax# Date: TOTAL NO. OF PAGES ~INCLUDING COVER: REFERENCE:: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thankyou. Sender's Initials: 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 July 15, 2009 ~.~ ;~ Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6325 (FARRAND-MOONEY) LQ Au¢ - 3 2oo o Dear Mr. Terry: We have received an application for renovations and additions in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written~.evaluation with recommendations for this proposal, as required under the Code proced~es of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. : Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 15, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6325 Owner/Applicant: FARRAND-MOONEY Action Requested: Setbacks Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other ~nformat~on is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 29, 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, OCTOBER 29, 2009: 10:00 A.M. KATHRYN FARRAND-MOONEY # 6325. Request for a Variance under Section 280-122A and ZBA Zoning Interpretation # 5039, based on the Building Inspector's July 9, 2009 Notice of Disapproval concerning an application for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new nonconformance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note: This lot appears to be between 20,000 and 30,000 square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, Peconic; CTM 1000-98-4-20. 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 priorto 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: October 6, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October ~ , 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 29, 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 October 12th: 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_J owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of yod~' ability, and to confirm how arran.qements were made in either a written statement, or durin~ the hearin.q, providin.q the returned letter to us as soon as possible; AND not later tha~ October 13th: Please either mail or deliver to our office your Affidawt of Mailin.q (form enclO, bed) with parcel numbers, names and addresses noted, and furnish to our office with thy green/white receipts postmarked by the Post Office. When the green s~gnature cards are returned to you later by the Post Office please ma~l or deliver them to us before the schedu!'ed hearing. If any envelope is returned "undeliverable", please advise this office as soo'h as possible. If any signature card is not returned, please advise the Board during the ~iearing and provide the card (when available). These will be kept in the permanent record ~S proof of all Notices. 2) Not Later Octdber 21st: 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 mor~'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 PostinR for receipt by our office before October 27, 2009. If you are not able {~ meet the deadlines stated in this letter, please contact us promptly. Thank you for your coopei~tion. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Bo~ird and Staff Encls. ' #9494 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) OCT 2 0 2009 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 15th dayof October, 2009. Principal Clerk Sworn to before me this day of PUBLIC-STATE OF NEW YORK No. 01-VO6105050 ~,,.,c,!':fled in SuffOtk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Seuthold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. OC- 9.40 A.M. BABS CORP. g 6284 (car- ryover bom 6~25 and 8/27 for more in- formation). Property Location: 13105 Main Road, Mattituck; CTM 140-3-39. 9.50 A.M~ KEVIN and BETI~ ANN MORRIS g6328. Request for a Vari- mice under Section 280-124 based on the Building Inspector's May 27, 2009 No- tice of Disapproval concerning additions and alterations (to the existing single- family dwelling) which will be less than the code-required minimum setback of 10 feet on a single sid~ yard, at 435 Oak Street, Cutchogue; CTM 136-1-27. 10:~ A.M. KATtIRYN FARRAND- MOONEY # 6325. Request for a Vari- ance under Section 280-122A and ZBA Zoning Interpretation g 5039, based on the Building Inspector's July 9, 2009 No- tice of Disapproval concerning an appli- cation for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new noncon- formance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note:This lot appears to be between 20,000 and 30,000 · square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, Peconic; CFM 1000-984-20. '"~ 10:.15 A.M. LORRAINE PARRA g 6324. Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Dis- approval which states that the new ad- dition/alteration (to the existing single family dwelling) will be less than the cede-required minimum of 35 fe~t and will exceed the maximum lot coverage of 20%., after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 1000-48-2-19. 10'.30 A.M~ JON and JENNIFER SHIPMAN g6327. Request for a Vari- ance under Section 280-124 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning an ad- dition to the existing single-family dwell- ing with a front yard setback at less than the code-required 50 feet, at 4745 Elijahs Lane, Mattituck; CTM 1000-100-4-11. 10:45 A.M. STEVE and OLGA TENEDIOS # 6323. Location of Prop- erty; 17327 Main Road (private right-of- way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-l- 14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building In- spector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the tight- of-way: 2) in a side yard when a front yard or rear yard location is code-required on a waterfront parcel; 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code limitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width; C) The proposed swimming pool ' is not permitted in a side yard when a front yard or rear yard location is code- requh-'ed. 1L~5 A.M. CHRIS MESKOURIS # 6326. Request for Variances under Sec- tion 280-124 based on the Building In- spector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal of deck) with a setback at less than ffi feet on a single side yard, less than 25 feet on to- tal side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet Iot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattituek adjacent to Long Island Sound; CTM 1000-106-1-35.1. 11'25 A.M. Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 and CO # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for stor- age on property owned by TIMOTHY AND JEANNE STEELE at 13795 Or- egon Road, Cutchogue; CTM 1000-83- 12.~0 P.M. BARBARA SHINN # 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 277- 3B(1 ), based on the Building Inspector's April 8, 2009 Notice of Disapproval stat- ing that the proposed wind turbine is not meeting the code requirement for a minirqum distance from a property line. total height of the small wind en- ergy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing resi- dential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CT/vi 1000- 100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant's agricul- tural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family ~lwell- lng and agricultural lands. Location of Pl:operty: 2000 Oregon Road, Mat ituck; CFM 1000-100-4-part of 3 (now 3.1 and 3.2) and 1000-I00-44. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each heating, and/or desiring to submit written statements before the conclusion of each heating. Each heating will not start earlier than designated above. Files are available for review during regular business hours and prior to the day o1~ the hearing. If you h~ye questions, please 'do not bes ta e to contact our office at (631) 765-1809, or by e-mail: Linda. Kowalski@Town. Southold.ny. us. Dated: October 6,2009. ZONING BOARD OFAPPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS] EO. Box 1179 Southold, NY 11971 0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FARRAND-MOONEY, K. #6325 MAP # 98-4-20 VARIANCE SETBACKS REQUEST ADDITIONS/RENOVATIONS DATE: THURS, OCT. 29, 2009 10:00 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southotd, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 RECEIVED OCT ~ 9 2009 80ARD OF APPEALS Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: KATHRYN FARRAND-MOONEY SCTM: 1000-98-4-20 HEARING DATE: THURSDAY, OCTOBER 29, 2009 Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbor and postal receipts. Thank you. Very _truly yours, bp encls. ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of KATHRYN FARRAND-MOONEY (Name of Applicant) SCTM Parcel #1000-98-4-20 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS RECEIVED OCT 1 9 2009 BOARD OF APPEAL~ I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: L~_ On theL~ day of October, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) 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 record, surrounding the applicant's property. Sworn to before me this /5-7/t day of October, 2009. / (l(l'otary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers ne~ to the owner names and addresses for which notices were mailed. Thank you. MARGARET C. RUTKOWSKI Notary Public. State of New York No. 4982528 Oualified in Suffotk Courtty ~,ommission Expires June 3, '~O,/ I JOHN D. ROBINSON 65 GARDEN STREET GARDEN CITY NY 11530 SCTM: 1000-98-4-18 FARRAND- MOONEY NEIGHBOR LIST SCTM: 1000-98-4-20 RECEZVED OCT 1 200 BOARD OF APPEALS MURRAY CRAIG STOLTZ SHELIA STOLTZ 6 LEE PLACE BRONXVILLE NY 10708 SCTM: 1000-98-4-19.1 SHELIA STOLTZ 6 LEE PLACE BRONXVILLE NY 10708 SCTM: 1000-98-4-19.2 KLARI NEUWELT RICHARD WASSERMAN 330 W. 72N° STREET NEW YORK NY 10023 SCTM: 1000-98-4-21 RECEIPT 7192 64~3 3110 0CO0 5473 FROM: PATRIC[A C. MOORE ESQ RECEIPT 7192 6463 3110 0000 545~ FROM: PATRICIA C MOORE EBQ RE: Farrand-Mceoey ZBA RECEIPT FROM: RECEIPT 7192 6463 3110 oooo 5497 FROM: PATRICIA C MOORE ESQ RE: Faffand4~ooney ZBA SEND TO: SEND TO: SEND TO: JOHN D ROBINSON MURRAY CRAIG STOLTZ BHELIA STOLTZ 65 GARDEN STREET SHELtA BTOLTZ 6 LEE PLACE GARDEN CID' NY 11530 6 LEE PLACE BRONXVILLE NY 10708 BRONXVlLLE NY 10706 FEES: FEES: Postage 044 Postage 044 RetumReceipt 2.30 Res~t~Rec~, !' ~ TOTAL $ 5.54 TOTAL $'~4" POSTMARK ~I~,DATE POSTMARK OR DAT}[ ' FEES: Postage 044 Resmcted TOTAL ~ 5.54 POSTMARK OR DATE SEND TO: KLARI NEUWELT RICHARD WASSERMAN 330 W 72ND STREET NEW YORK NY 10023 FEES: Postage 0 44 TOTAL $ 5.54 [CIA C. MOORE ESQ. MAIN ROAD SOUTHOLD NY 11971 or [] Agent) Clea#y) (Extra Fee) [] Yes CERTIFIJ~ 7192 6463 3110 0000 5473 7192 6463 3110 0000 5473 L oCe 1. Article Addressed To: JOHN D- ROBINSON 65 GARDEN STREET GARDEN CITY NY 11530 Delivery Address PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? ~.Service Type (Extra Fee) [] Yes CERTIFIED ~, Article Number 7192 6463 3110 0000 5466 C,~k .~'J~i~ 7192 6463 2110 0000 5466 Delivery t. A~lcle Addressed To: ~URRAY CRAIG STOLTZ ~ ~HELIA STOLTZ 6 LEE PLACE ~/Fleo, BRONXVILLE NY 10708 ).Addressee'sAddress Delivery Address City State Zip + 4 Code PATRTCIA C- MOORE ESQ- 4. Restricted Delivery? 3. Service Type T SOUTHOLD51020 MAINNyROAD11971 J (extraPea)[]Yes J CERTIFIED i .~ Article Number . 7192 6463 3110 0000 5480 ~(~ or []Agent) B. Received Bw (Please Print~CJearly) D. Date of Delivery 7192 6463 3110,` ODao 5480 Article Addressed TO: - / ' SHELIA STOLTZ 6 LEE PLACE BRONXVILLE NY 10708' 'i J 51020 .A~. RO~ SOUTHOLD NY 11971 CERT~F/~' (Extra Fee) [] Yes 2. Article Number 7192 6463 3110 0000 5497 3110 0000 5497 1. Article Addressed To: KLARI NEUWELT RICHARD WASSERMAN 330 W. 72ND STREET NEW YOR~ NY 10023 City State ZIP + 4 Code ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of KATHRYN FARRAND-MOONEY AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-98-4-20 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: , On t~__~ day of October, 2009, I personally placed the Town s official Poster, with the da~e"of 'hearing and nature of the application noted thereOn, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, October 29, 2009. Patri~ Sworn to before me this ~y of October, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. ~I~ATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: KATHRYN FARRAND-MOONEY PROPERTY LOCATION: 1769 SMITH ROAD, SCTM:1000-98-4-20 PECONIC Dear Neighbor: I represent the above with regard to her property at 1769 Smith Road, Peconic, New York. She has submitted a request to the Southold Town Zoning Board of Appeals for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new nonconformance regarding single side yard t less that 15 feet and total side yards at less than 35 feet. A copy of the legal notice is enclosed together with a copy of the survey. A complete copy of the application is available for your review at the ZBA office located at the Town Hall Annex, First Floor of the Capital One Bank Building, 54375 Main Road, Southold during regular business hours. The hearing on this matter has been scheduled fo THURSDAY, OCTOBER 29, 2009 at 10:00 a.m. at Southold Town Hall, 53095 Main Road, Southold, New York. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very~._~_~_~u~ yours, ~ia C. Moore PCM/bp encls. C: Mrs. Kathryn Farrand-Mooney 2. 26 MAY 09 1 22 MAR 05 G° N/F CEMMILL (PART OF LOT E) RESIDENCE SURVEY OF LOT D MAP OF INDIAN NECK PARK SITUATE PECONIC, TOWN OF SOUTHOLD SUFFOLK COUNTY,, N.Y. SURVEYED~/OR' KATHRYN FARRAND ~ ~Rop / 407'00 "E ~ -j 6~.30' GUY WELL Z c~ss.ooc ~: 5.8 RESIDENCE OCB BR~CK ONE STORY RESIDENCE 0 GUY ' Z RESIDENCE JUL 1,5 ~,u-3 GUARANTEED TO: KATHRYN ~RRAND FM# 55~ DATE FILED MAY 27, 1915 TM# 1000-O98-04-020 NOTE: ELEVATIONS SHOWN ARE IN 1929 NGVD, FL~GS FLOOD ZONE INFORMATION DATA SHOWN HEREON IS FROM PANEL 164 OF 1026; FLOOD INSURANCE RATE MAP NUMBER 36103C0164 G, EFFECTIVE DATE MAY 4, 1998. FLOOD ZONE AE 8 FLOOD ZONE VE EL 8 SHOW WETLAND DELINEATION, PROPOSED IMPROVEMENTS, REVISE ELEVATIONS. ADD FLOOD ZONE DATA, CONTOURS,ADJACENT WELLS & CESSPOOLS, SURVEYED: 30 NOVEMBER 2004 SCALE 1"= 40' AREA = 30,776 S.F. OR 0.706 ACRES SURVEYED BY STANLEY d. ISAKSEN, JR. P.O. BOX 294 NEW SL~FFOLK N.Y. 11956 631-7J4-5835 ~/ , / NYS Li~ 1~o. 49275 04R1372