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Home My WebLink About6247? Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED 2 5 2009 $outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 19, 2009 ZBA #6247 - DIANE and HENRY HOBBS, Applicants Location of Property: 800 Sterling Road, Cutchogue CTM 104-4-9 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 January 2, 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. BASIS OF THE APPLICATION: This application is based on the Building Inspector's September 24, 2008 Notice of Disapproval under Code Sections 280-122A and 280-124 and ZBA #5039 (Interpretation for R. Walz). The Notice of Disapproval states that the proposed alterations and additions to the existing single-family dwelling will constitute an increase in the degree of nonconformance at less than 40 feet from the code-required minimum front yard setback Findings of Fact The Zoning Board of Appeals held a public hearing on this application on February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Area Variance Relief Requested: Applicants are requesting a second-story addition to an existing single-family ranch type home with attached garage which is presently 35.8 feet from the front yard lot line. The applicants wish to place a second story addition with attic and to build an open Page 2- March 19, 2009 ZBA # 6247 - DIANE and HENRY HOBBS CTM # 104-4-9 front porch of approximately 5.5 feet in depth leaving a finished setback of 32.2 fl. front yard setback, instead of the code required 40 fi. minimum. Additional Information: Neighbors to the north voiced concerns and needs for extemal lighting on the subject parcel and for a buffer of trees along the shared (northern) property line. LWRP.: Letter submitted to the Board of Appeals by the Town LWRP Coordinator on February 6, 2009 stating that the application is consistent with Chapter 268 of the Town Code LWRP standards as proposed for the reasons that (1) the proposed second-story addition will have little or no ground disturbance, and (2) the proposed porch expansion is a minor exempt action. Reasons For Board Action: On the basis of testimony presented, materials submitted and personal inspections, .the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The one-story home has existed since 1973. The surrounding area is comprised of similar type homes at similar setbacks. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject property contains a single-family dwelling and a large freshwater pond approximately 37' from the rear of the home, limiting the area of new construction to a second-floor addition and a porch expansion. 3. Town Law §267-b(3)(b)(3) The variance requested herein is not substantial, representing a 12% variance for a front yard setback at 33.2 feet. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created and is related to the location of the existing dwelling and size of the pond and freshwater wetlands. 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. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the application as applied, as per map prepared by Nathan Taft Corwin III, Land Surveyor, dated August 26, 2008 and Diagrams A-1 through A-5 prepared by MSHdesignservices, subject to the following Conditions: 2 Page 3 - March 19, 2009 ZBA # 6247 - DIANE and HENRY HOBBS CTM # 1044-9 1. The placement of natural evergreen buffer screening shall be as described in applicant's letter and attached map date-stamped by ZBA February 23, 2009, and with live plantings at 3' to 4' minimum in height and placed not more than four (4') apart, continuously maintained. 2. All exterior lighting and landscape lighting shall be shielded so as to avoid any light spill onto adjoining properties (and comply with the principles of dark sky lighting). That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 Goeh~, O/li~on,~eisman, and Schneider. This Resolution was duly adopted (5-0~L~' J ~r~oehring~, Chair~n 3- Z ~-2009 -- Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 March 24, 2009 By Regular Mail and Fax Transmission 878-8951 Mr. and Mrs, Henry Hobbs c/o Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA File No. 62~g- Hobbs APplication Dear Mr. and Mrs. Hobbs and Ms. Mesiano: Please f'md enclosed a copy of the Zoning Board of Appeals determination rendered at a Meeting held March 19, 2009, the original transmitted today for filing with the Town Clerk. Please be sure to contact the Building Department regarding your application for a building permit or other reviews which may be necessary. Thank you. Very truly yours, Encl. Linda Kowalski FE ~ 3 ZOO9 k \ 'x / \ \ \ -.., FEB ~ 3 L~O~ BOARD OF APPEALS Peconic Cesspool Bray Avenue P.O.Box 487 Laurel, New York 11948 Phone 727-0115 298-9658 Fax 727-7564 Henry Hobbs 800 Sterling Road Cutchoque NY April 28, 2008 The volume of the septic system in house 800 Sterling rd is about 3500 gallons. Which is sufficient for a four bedroom house. / ? / / / / /// /// /// / SURVEY OF PROPERTY SITUA T£ CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-104-04-09 SCALE 1 "=20' MAY 29, 2008 AUGUST 26, 2008 ADDED WETLANDS & ADDITIONS NOTES: 1. THIS MAP FILE AREA = 27,275 sq. ff. 0.626 ac. PROPERTY IS SHOWN AS PART OF PLOT 140 OF NASSAU FARM IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MARCH 28, 1935 AS FILE No, 1179 ELEVATIONS ARE REFERENCED TO N,G,V,D, 1929 DA EXISTING ELEVATIONS ARE SHOWN THUS:s~ EXISTING CONTOUR LINES ARE SHOWN THUS: -- F. FL, - REST FLOOR G FL - GARAGE FLOOR T, 5, - TOP OF FlULKHFAO LOT COVERAGE DATA OVER DESCRIPTION AREA - ~_LOT C~ EXIST. HOUSE 1,770 sq. ft 11 0% EXIST. BRICK PATIO INCLU, DECK) 677 sq ft 42% EXIST SLATE WALK 42 sq. ft. 0.3% TOTAL EXISTING 2,489 sq ft 15,5% PROPOSED PORCH 60 sq, ft. 0.4% TOTAL PROPOSED 2,549 sq. ft 15 9% TOTAL LOT COVERAGE DATA TOTAL LOT AREA = 27,275 sq, ft, DESCRIPTION AREA [ LOT COVERAGI EXIST. HOUSE 1,770 sq. ft. 6.5% EXIST. BRICK PATIO (INCLU. DECK) 677 sq. ft, 2 5% EXIST. SLATE WALK 42 sq, ft 0.1% TOTAL EXISTING 2.489 sq. ft. 9.1% PROPOSED PORCH 60 sq. ft. 0.2% TOTAL PROPOSED 2,549 sq. ft. 15.3% \\ FINAL MAP REVIEWED BY DATED I N.Y,S, Lic. No. 50467 Nathan Taft Corw n III Land Surveyor PHONE (651)727-2090 Fex (631)727-1727 g8-16~ FRONT ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATEDj I /0 I .~,~oq ~ C H DRAWN BY: MH ~eptembe~ 16, 200~ ~CALE: 1/4" = 1'*~" SHEET NO M C H FINAL MAP REVIEWED BY ZBA SEE DECISION # SHEET NO -~ -~:~ ~o~ FINAL MAP I~e ~ %, !REVIEWED By ZBA ~ ,~ ~ ~s~ ~c~s~ON ~ ~~~ ~ D~WN BY: MH :~ E , FINAL MAP ----~ DATED ~ / ~ ~ ~ SHEET NO M ~, H N~ ~Fi REVIEWED BY SEE DECISION ~ ~ DATED ~ I~ / A ~ 7y , SHEET NC ~: 1/4" = 1'~" ~t C H REVIEWED BY ZBA ~. FLOOR P~N SEE DECISION ~ ¢~7 ~:'/~""~' SHEETNO DATED ~ h~ I>,~0~ ~a~7 / iFINAL MAP REVIEWED BY ZBA ,,,~'::.-,,-. ........... ~":.'-,- ......... ;---".~-,~-. ............ ,~':~.-,~,. ,~:,:.,._,,.. ..... i...S..__E._E_._PE...C._!__S__!._O___.N...~. /~2-q? ,,, 2ND. FLOOR PLAN ,SCA~: 1/4" = 1'-0' '~_~- ~'~ ~, SHEET NO BBB m FRONT ELEVATION SCALE: I/4" = 1'-0" 1ST, FLOOR PLAN 2ND. FLOOR PLAN ~4 ~ H PERSPECTIVE VIEW M ~ H Z .~: _...~.~___.~=~ .,~ ~ : ...... :.... L.) NO~3 ~'~ O 2ND FLOOR PkAN SHEET NO ~ C H I Z I"- 1ST FLOOR PLAN D~WU ~Y: ~. '~'/~:;'~ ~ SHEET NO J FORM NO. 3 NOTICE OF DISAPPROVAL DA~: S~t~ Diane & H~ry Hobbs c/o Cath~ M~iaoo, Inc. Mill Pond E~Mofiches, NY Please take notice thru your application dated September 22, 2008 For alterations and additions39_ g3igtlnn sinale t~amilv i~'sjdcnec at; Location of property $00 Sterlinn Rd.. Cutchonue County Tax Map No. 1000-S~,tion 1,..~_~ Block ~4 Lot ~9 Is returned herewith and disapproved on thc following grounds: The proposed alterations and additions, on this non-conforming 27,275 sauare foot lot, are not ocxmitled nursannt to Article XXIII Section 280-122A which sta~e~: Nothing m th~s amcte shall be deemed to orevent the rcmode mn. reconsh'ucttoo or enlaraemcnt of a non-conforming buildin~ contalnine a conforming use provided that such action doe~ not create any new non-conformance or illgrgase thc degree of non-conformance with reaard to the re~.mlations oertaining to such buildions?' The vrooosad alterations and additions to this sinele,-familv dwelling, notes a front yard setback of 32.2 feet. Pursuant to file ZBA's interorctation in Walz (#5039D~ such additions and alterations will thus constitute an increase in the donrec of non-conformance The construction is not oermitted nursuant to Arlicle XXIII, Section 2~_,"~Da~ which states that non-contbrmine lots. 20.000 to 39,999 suuare feet, r~ui~"a front Yard sctbac~k_ Based on survey by Na ban Taft Corwin ltl, dated May 29, 2008, revised August 26, 2008. Authorized Signature Note to Applicant: An)' change or deviation to the above referenced application may require further review by the $outhold Town Building Department. Henry & Diane Hobbs 800 Sterling Road Cutchogue, NY 11935 Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD ParcelLocation: House No. 800 Street Sterling Road Hamlet Cutcho.que SCTM 1000 Section 104 Block _4 Lot(s) 9 Lot Size .626 A Zone District R-40 ! (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: September 24, 2008 Owner as Applicant: Henry & Diane Hobbs Mailing Address: 800 Sterling Road~ Cutcho.que, NY 11935 Telephone: 631 734 2907 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane, East Moriches~ NY 11940 Telephone/Fax: 631 878 8951 Cell#: 631 553 3992 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] [] Other: WHEREBY THE BUILDING INSPECTOR DEN1ED AN APPLICATION DATED 9122/2008 FOR: X 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- 122A Subsection__ and XXlll - 280 - 124 Type of Appeal. An Appeal is made for: X A 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 [] [3 has X has not been made with respect to this property UNDER Appeal No. Year Henry & Diane Hobbs 800 Stetting Road Cutchogue, NY 11935 Page 2 of 3. Appeal Application Part A: 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: o The use and utility of the property will not change. o The occupancy of the property will remain as a single family dwelling. o There will be no change in density in the neighborhood. o The setback of the new porch is in line with the established front yard setback, as it presently exists, as is the 2"~ story addition. (2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area vadanca, because: o The practical difficulties caused by the existing Site conditions preclude any but the activity as proposed. o Any alternate site would place the proposed addition closer to the wetlands, sideyards and/or front yard. (3.) The amount of relief requested is not substantial because: o The area of the variance requested is approx. 29.4 sq.ft, of the roofed over, but unenclosed porch and 186.3 se.ft, of the second story addition o The established front setback to the existing stoop is 32.2' and is not being reduced, nor is the existing 35.8' setback to the house (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: O o Drywells will be installed to contain stormwater run-off. Appropriate erosion control, as needed, will be implemented during construction. No ground disturbance is proposed, except as required for reconstruction of front porch. Has the vadance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, or (X) No. o The existing structure was constructed "pursuant to.., Building Permit #6612-Z dated 5/29/73...and conforms to all of the applicable provisions of the law." o Upzoning occurred in 1989, at which time the setback requirements were increased, Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: Approx. 40% of the site is FVV Wetlands; generally level to slightly sloping from the street(ell7.7 -1 8.6) to the front of house (e118.7 - 18.9); gradually sloping down to e113 at back of house, then sloping steeply down to the pond (FWW) approx. el2.5. Any first floor expansion would create a greater non-conforming wetland setback and the % of variance would be significantly greater. This is the MINIMUM that is necessary and adequate,~d at the same time pre~/~s and protects the character of the neighborhood and the health, safety,/~r~welfare of the/'/"-' commu~t'y./~/.~ _//// Sworn to before me thi~, .~ · ~4~¢ dayof ~l~':rn J)¢~,' 2008. (Notary Public) ~ A~!~f ~ ~,~ Henry & Diane Hobbs 800 Sterling Road Cutchogue, NY 11935 Applicant: APPLICANT'S PROJECT DESCRIt (For ZBA Reference) Henry & Diane Hobbs Date Prepared: l~OV 5 FION .... ~ 10~22~2008 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): see plans attached Dimensions of first floor extension: n/a Dimensions of new second floor: 53' x 27.5' irreg Dimensions of floor above second level nla Height (from finished ground to top of ridge): front: 25'7"; rear: 32'4" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no 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: 1 sty. frame dwelling: kitchen, living/dining room, 2 bedroom, 1.5 baths, 2.4:ar att. garage. Number of Floors and Changes WITH Alterations: 1.5 sty frame dwelling: Great Rm (Kit-DR-FamRM), LR, 3BR, 2.5 ba, Loft, att. 1.5- car garage IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2489 sq.ft * Proposed increase of building coverage: 60 sq.ft. Square footage of your lot: actual 27,275 sq.ft, buildable area 16,109 sq.ft. Percentage of coverage of your lot by building area: 15.5% existing; 15.9% proposed · Includes patio, deck, walk V. Purpose of New Construction: Upgrade existing dwelling VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Approx. 40% of the site is FW Wetlands; generally level to slightly sloping from the street(ell7.7 -1 8.6) to the front of house (e118.7 - 18.9); gradually sloping down to e113 at back of house, then sloping steeply down to the pond (FWW) approx, el2.5. Any first floor expansion would create a greater non-conforming wetland setback and the % of variance would be significantly greater. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. Henry & Diane Hobbs 800 Steding Road Cutchogue, NY 11935 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATIOI Is the subject premises listed on the real estate market for sale?. ~ ,~ ,,~ · { } Yes {X} No -- Are there any proposals to change or alter land contours? { } Yes {X} No 1) Are there any areas which contain sand or wetland grasses? Yes 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) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination ofjurisdiction? Wetlands Permit approverd"10115/08 NYSDEC - pending Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes {pond) Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None Do you or any co-owner also own other land close to this parcel? No Please list present use or operations conducted at this parcel. Single family dwelling and proposed use single family dwelling Date: October 22, 2008 Henry & Diane Hobbs 800 Steding Road Cutchogue, NY 11935 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agenci. for proposed actions that are subject to the Town of Southold Wat. Law. This assessment is intended to supplement other information shall ~Yflaplete this CCAF ~,rfi'ont Consistency Revie~v use~ 1~3r~'71'oq~ o~ ~ 0Uthoid agency in making a determination of consistency. *Except minor exempt actitrff~T~Tuding Building Permit and other ministerial perrnits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and 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). 3. 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# 1000-104-4-9 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X_.Building Dept. X_.Board of Trustees 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: Nature and extent of action: Proposed construction of a 53' x 27.5' second story addition to the existing single family dwelling. No ground disturbance is proposed except for minimal expansion of the front porch. Henry & Diane Hobbs 800 Steding Road Cutchogue, NY 11935 Location of action: 800 Sterling Road, Cutchogue Site acreage: .626 A Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the To~.0f S~'~o~ agency, the following information shall be provided: (a) Name of applicant: Henry & Diane Hobbs (b) Mailing address: 800 Sterling Road, Cutchogue, NY 11935 (c) Telephone number: Area Code (631) 734-2907 (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? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 - 7 for evaluation criteria Yes No Not Applicable NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section llI- Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable 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 evaluation criteria. Yes No Not Applicable Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. t Henry & Diane Hobbs 800 Sterling Road Cutchogue, NY 11935 Yes No Not Applicable Policy 8. Minimize environmental degradation in Town of Southo[~l~Yom~-S-ollfl-waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable 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 56 for evaluation criteria. Yes No Not Applicable Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable 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 Not Applicable Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION {TO be completed by Applicant or Project Sponsor) JIf the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedinl~ with this assessment J YOUR NAME:, ~_, ,~. _.H~b~ Oi~ll~ b NATURE OF $~PPLICAllON: (Ohe~k (m~ ~ ~.) ~ C~e ~ z~ CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano@optonline,net TO: Town of Southold Zoning Board of Appeals FROM: Catherine Mesiano SUBJECT: Diane and Henry Hobbs DATE: 10/30/2008 Please be advised that there are no Covenants & Restrictions recorded against the subject property. Catherine Mesiano CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 October 29, 2008 Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Henry & Diane Hobbs 800 Sterling Road, Cutchogue SCTM# 1000-104-4-9 IOV Dear Mr. Goehrlnger: I am the agent for the above referenced applicants who are seeking relief from Article XXIII Section 280-122A and Article XXIII Section 280 - 124 of the $outhold Town Zoning Code for construction of a 29.4 sq.ft, extension of the existing front stoop, not to exceed the existing front setback to the stoop of 32.2' and 186.3 sq.ft, of the second story addition to the existing dwelling at the above referenced location. The existing dwelling maintains a 35.8' front setback · and the second story addition will maintain the established setback. Enclosed please find the following: 1. Building permit application dated September 22, 2008 2. Notice of Disapproval dated September 24, 2008 3. Application 4. Authorization 5. Z.B.A. Questionnaire 6. Project description 7. LWRP Consistency Assessment Form 8. Transactional Disclosure Form 9. Assessor's property card 10. Survey 11. CO and 1974 survey 12. Plans and elevations 13. Statement regarding Covenants & Restrictions 14. Deed 15. Site photos Also enclosed is the applicant's check in the amount of $400 for the application fee. Thank you for your consideration. Ve~r~ yours, ~ Enclosures FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Scuthold, N.Y, C~RTIFICATE OF No .B-23134 Date AUGUST 2! 1994 THIS CERTIFIES that the buildin~ Location of Property 800 BTERLINGRO~D House No. County Tax Map NO. 1000 Section 104 Subdivision DWELLING CUTC~OPUE f N.Y. Street H~let Block 4 Lot 9 Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated HAY 29, 1973 pursuant to which Building Permit No. 6612-z dated ~AY 29~ 1973 was iesued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTAC~ED GARAGE & DECK,S APPLIED FOR* The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N--159214 -- M~X 14~ 1974 PLUMBERS CERTIFICATION DATED N/A *NOTE: T~IS UPDATES CO Z-5901 DAT]~ MAX 13, 1974. Rev. 1/81 CHARLES & ~.~N~ ~TTS '/ //uifding/Inspector HAY 8~, 1974-R. VILLA TOWN~OF S, OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ S×aminea q [ Oq , :0 08_ Approved .20 Disapproved a/c °t\&q / O~ PERMIT NO. BUILD1NG PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval SurveK Check Septic Form N.Y.S.D.E.C. Trustees Contact: THERINE MESIANO, INC. l'l HIII PAkI~ I BIklt::: , I¥1kJrulorlr'O~,.~H T I Ii~.~g-lZ, r.. Expiration ,20 -, Building Inspector :'-c0 APPLICATION FOR vmmN ~ ~~ ~ Date ~//0 20 c t , ~ t% ' ~ _ ) ~ INSTRUCTIONS ,, · ~~ MUST be completely filled m by t~ewriter or in ink and submitted to the Building Nspector with4 sets of ans, ~rate plot plan to scale. Fee according to schedule. ~ pl~ showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and wate~ays. c. The work covered by this application may not be commenced before issu~ce of Building Pemfit. d. Upon approval of this application, the Building Nspector will issue a Building Pe~it to the applicant. Such a pe~it shall be kept on the premises available for inspection t~oughout the work. e. No building shall be occupied or used in whole or in pa~ for any pu¢ose what so ever umil the Building Inspector issues a Ce~ificate of Occupancy. f. Eve~ building pe~it shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the propeay have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the pe~it for an addition six months. Therea~er, a new pe~it shall be required. ~PLICATiON IS HE,BY M~E to the Building Depa~ment for the issuance of a Building Pem~it pursuant to the Building Zone Ordinance of the Town of Southold, Suftblk County, New York, and other applicable Laws, Ordinances or Re~lations, 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, housing code, ~d regulations, and to admit authorized inspectors on premises and in building for necessa~ inspections. (Signature of applicant or name, ifa co~oration) CATHERINE MESIANO, INC. t2 MILL 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. Location of land on which proposed work will b~done: House Number Street 2 H'~-amlet~',~ County Tax Map No. 1000 Section lO ~ Block + Subdivision Filed Map No. Lot Lot q 3. Nature of work (check which applicable): New Building Repair Removal Demolition State existing use and occupancy of premises and intendeaJ use and occupancy ofp.roposed construction: ' a. Existinguseandoccupancy .~ltO~.~/e' ~.~ ltv dt~a.~...//t~.~ ~ ~. 151~' b. Intended use and occupancy ~-.,w ~ q ~tla ~e"y ~/~,'~ ' t~ ~ Addition )~ Alteration Other Work (Description) 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. if business, comme, rcial or mixed occupancy, speci~ nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of sam~ structure with alterations or additions: Front ~ 7. /~ Rear Depth 2.. 7. ~ '/~'. ~" Height Number of Stories ! 8. Dimensions of entire new construction: Front ~5 '-'~' Rear ,~,.~t Depth Height <~ ,~,~' Number of Stories Size of lot: Front / ~'~_.. ' Rear / ! '~"~J' ' Depth / ~,~. / ~// 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ NO__ 13. Will lot be re-graded? YES NO ){ Will excess fill be removed from premises? YES __ NO X 14. Names of Owner of premises~ Address~l~Mj~~' ~'' 7'-'14t '~'2 ~O? Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland ora 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 X * 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. STATE OF NEW YORK) SS: C,OUNTY OF~ L~_A~ ~'~' t t{~ 1~//~,-~//~ '~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual sigfiing contract) above named, (S)He is the //~ ¢.,-~ '~ ' 'k,/' (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~.~rx ~{ da.y of-.~~ Notary Public 20 O~ Signature of Applicant CONNIE D. BUNCH Notary Public. State of New York No. 01BU6185050 Qualified n Suffolk County Commission Expires April 14, 20 M. Bldg. Extension Extension Extension Porch Porch Breezewoy Gorage Patio ,to Totol ~ COLOR ~'/~ Foundation Basement Ext. Walls Fire Place type Roof Recreation Room Dormer v 3ath Floors Interior Finish Dinette LR. DR. BR. Heat Rooms ]st Floor Rooms 2nd Floor Driveway FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD, OWNER FORMER OWNER R ES.~,~/~..) LAND 3 SEAS. IMP. VL. FARM TOTAL / DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland Meadowlond House~.~ot,~, Total Value Per Value Acre VILLAGE TYPE OF BUILDING COMM. CB. MICS. Mkt. Value FRONTAGE ON WATER DEPTH (/~ ~ ~., ?e~ BULKHEAD DOCK CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mall: cm es lan o~opto n IIne.n et September 22, 2008 Michael Verity, Chief Building Inspector Town Of Southold Box 1179 Southold, NY 11971 Re: Henry & Diane Hobbs 800 Sterling Road, Cutchogue SCTM # 1000-104-4-9 Dear Mike: I am the agent for the above referenced applicant who is seeking a building permit for proposed construction of a second story addition to the existing single family dwelling at the above referenced location. No ground disturbance is proposed except for minimal expansion of the front porch. Attached is a survey depicting the existing conditions and proposed activity together with a copy of C.O. Z-23134 dated 8/2/94 that updated CO Z-5901 dated 5/13/74. Please determine whether or not a variance will be required for the proposed addition. Thank you for your attention to this matter. Very truly yours, Catherine Mesiano, President Enclosure From: Kowalski, Linda [Linda.Kowalski@town.southold.ny.us] Sent: Monday, August 11, 2008 10:59 AM To: cmesiano@optonline.net Subject: FOIL for 1000-104-4-9 800 Sterling Road Dear Cathy: In reply to your FOIL request, this will confirm that no record was found using the CTM of ZBA detemination or variance grant. Have a good day, Linda ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ext. 5011 at voice recording) fax (631) 765-9064 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmeslano@optonllne.net October 30, 2008 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 Re: Henry & Diane Hobbs 800 Sterling Road, Cutchogue SCTM # 1000-104-4-9 L Dear Mr. King: I am the agent for the above referenced applicant. The applicant is seeking jurisdictional determination for proposed construction of a second story addition to the existing single family dwelling at the above referenced location. No ground disturbance is proposed except for minimal expansion of the front porch. Attached is a survey depicting the existing conditions and proposed activity. Kindly advise. Thank you for your attention to this matter. Very truly yours, Catherine Mesiano, President Enclosure CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e.mall: cmesiano~optonllne.net October 30, 2008 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 Re: Henry & Diane Hobbs 800 Sterling Road, Cutchogue SCTM # 1000-104-4-9 Dear Mr. King: Pursuant to your jurisdictional determination regarding proposed construction of a second story addition to the existing single family dwelling at the above referenced location, enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey prepared by Nathan Corwin, LS 6. LWRP Assessment Form Also enclosed is a check in the amount of $250 for the application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very truly yours, Catherine Mesiano, President AUTHORIZATION I/We, Hen Hobbs & Diane Hobbs residing at 800 Stedino Road, Cutchoque, NY do hereby authorize Catherine Meelano, Inc. to apply for permits from the New York State Department of Environmental Conservation, Southold Board of Town Trustees and Southold Board of Zoning Appeals on my/our behalf. He~ry Ho'bb~ ' N~f~J P~ic DAR 1 6 2009 Town of Soutbold Zoning Board of Appeals, Mr. Gerard Goehdnger 53095 Main Road, Post Office Box 1179 Southold, NewYork 11971 ' ' · ~:' ~' :': :::..': Mamh 9, 2009 Re: SCTM 1000-104-4-9 Diane & Henry Hobbe, #6247 Dear Mr. Goahdnger, We are responding to the letter written to you by Gall Wickham, attorney for Ms. Jennifer Monahan dated February 27, 2009. We received a copy of this letter and wish to ctadflj some apparent confusion. When we planned our extension, we were very mindful of the community and our neighbors. We chose not to go beyond our footprint, but rather sought to increase our space by building a partial second floor. It was important to us that our house maintains the cottage look of the North Fork. Furthermore, we sought input from our neighbors before going forward. Our neighbors (Several of whom wrote letters and spoke at February 19m meeting on our behalf) were pleased with our plans and believed it was an asset to the communibj. Thus, we are surprised by the objections being raised now. Our exterior lighting has been in place since before we pumhased our house 10 years ago. The extedor lights are minimal and do not shine on anyone's property or on the pond. As a result of the proposed construction, the only extedor lighting change is an addition of soffit lights in the front of the house. These shine down and do not affect the aforementioned concerns. The proposed plant screening is on our pmperbj. It is a naturalized woodland plan carefully chosen to compliment the woods which border our property. Given our commitment to maintaining the character of the North Fork and our continued cooperation in addressing the concerns of our neighbor, it is confusing that these issues have clouded our r~luest for relief from the required front setback, the granting of which has precedence throughout the town. Moreover, we believe that given these difrmult economic times and our town supervisor's stance on "local economic stimulus", it is important to move forward. Local electricians, plumbers, builders, and other businesses are eager for work. Our project can help in that regard. Thank you for your kind attention to this matter. C: Hon. Scott Russell, Supervisor Very truly yours, - Diane Hobbs Henry Hobbs Gerard Goehringer, Chairman Zoning Board of Appeals, Town of Southold Southold, New York 11971 February 23, 2009 RE: SCTM 1000-104-4-9 Henry and Diane Hobbs #6247 Dear Mr. Goehringer, On February 19, 2008, at 2:30 PM, the ZBA heard our appeal for a variance. At this meeting, our neighbor, Jennifer Monahan, raised objections through her attorney, Gall Wickham. 1. Ms. Monahan was concerned that the cesspool would not be able to handle the increased living space of this extension. Enclosed please find our certification that our cesspool is indeed adequate for the proposed extension. In addition drywells are being installed as noted on submitted building plans. 2. Ms. Monahan voiced a concern about exterior lighting. All exterior lighting is per code as noted on submitted plans. 3. Ms. Monahan requested that shrubbery be planted along our property line. We have attached a copy of our survey and drawn in the requested area of shrubbery planting. The plantings will be naturalized woodland plants to compliment the wooded lot between our dwellings. We also are taking care to plant deer resistant shrubs as the deer are a problem in our area. I hope that we have satisfactorily addressed the voiced concerns. We thank you for your kind consideration to our application. Sincerely, Henry Hobbs Diane Hobbs CC: Gail Wickham Cathy Mesiano APP'eALS BOARD de~y~ng a pMmlt to conMruct front stoop ~ at le~ then 36 feet m~n me finds ~.m follovdr~ f'a¢~ to be Ifl.~ and mleveflt ~EA~ON8 FO~BOARD ACT[ON: Ch1 ~le baa~ M te~mony ~.Dr~enl~d, materials ~mltt~ ~pe~orm/~q~e~om, ~ aoa~l make~ lbo ~ finomgs: I, Grant ~f the area vadsnce will not ~ an un~eeirable e, Mnge in ~ cflaracmr of The e3dsUng enctoae~ ent'ance will ~he nel~ll~rho~l M a ~M~t ~ ~ ~ ~ t11~ by eS~ from yam =e~ ~ h~ ~ ~, ~ is ~1~ ~ ~11 ~k ~. ~012712008 1S:2B S31-734-77~2 DEt:~u~.c',H DOT¥ F.._q;I PA6E 2. Th~ b~noflt ~:~.tOht by the alN~nt ~rtot b~ a~fiev~d by f, om~ melhod, fo~eible for the ~1~i(~ant to pum~, oth~- g~aln am ef~m vatl~lf~. '1~ au~y by Jaaml~n A. t~mgeono, L.$. ehows the e~ia~nO ~ of the houa® and the new ent~ a~ems am pmpoaed a{ 11 feet. 3. The v~fiance grlrtted herein is not Substangal b~c~use the hofrm alre~ly ha,= en established ~lbacic of 10'7' fi'om ~ front lot line, (~d this eetabllshed fi',.,,,t s~tbmck Is not knovaeclge of the ttoneonfe~ming dc~aness to the I~on{ k~t line an~ lhe ce¢~ requirement ~f 35 feet. 6. No evt~ctce has ~ sul~lttad Io sug~st th~ ~ IXepoaecl addillans will ha~ an 0mall movaltJQfT~liaf~s do not cflat~lge ~1~ ¢~ll(WGter of ~ o'weglr~ or f~identhal EEaO~,UTION OF *rile ~pr~ In ~ all of the above recurs a~d applying the balancing teat urgl~ New Yoft Town ~ ~O?.B, motllxl m off~KI by ~ This action ~ not authorize ~' mnclene any ~um or futura re~tum of tl~e ~l~c~ pra~ I~a¢ m~ ~ ~e Z~ing Cede, ~ than ~ u~, setbacks and oltter faalum$ ell ~ ~ aclclm~ in this Vote of l~le Board: Ayes: Memm Tortom (Chairwomen), Goetvinger, Olive, and OdamJo. Ly~A. Toflc~, Ch~n ..~ / ? ..'03 APPLICATION FOR BUILDING PERMIT o.te q//o ,2o as' INSTRUCTIONS premises, relmio~ Io adjoining premises or p~blic sm~s c~ ~ ~ ~ ~ ~ ~is a~cation ~y not ~ ~mmca~ ~fo~ issu~ o~B~g~. ~ d~f~ ~on, the B~l~ng ~ctor will i~e a Building ~t ~e ~ ~ ~t Kegulations, for the ~namcfion Of b~din~, additio~ Or ~t~t~ ~ ~molM~ ~ ~ ~. ~e [ ~THERINE MESIANO, INC, 12 MILL ~ ~r~) State wh~ applic~t is owns, ies~e, agent, ~it~, ~e~, gm~[ M~,~~ o, ~d~ (As on th~ i~ ~11 or lmes~ d~) ~ If applier is a ~ratio~ si~e ofd~y aulhofiz~ offic~ and title of corporate officer) Plumbers License No. Elecrcicians License No. Other Tradc's License No. 1. Location o f land on which prop.o, sed work will b,~,done: Hou~ Number Stree~ Hamlet ConatyTaxMapNo. lO00 Section lO ~" Block + Lot ~aplica~ion ) Height ' 9 Size of lot: Front 10. Date of Purchase 11. Zone or use district in which 12. Ek;es 13. ~'ill lot be re-graded? YES Name of Are~hitect Nm'ne of Contractor Address Phone No. 15 a. ka this propcaCy withia 100 f~t ~ffa tidal ~ * IF YES, soLryHOLD TOWN TRU~& b. Is this prop~ty within 300 feet of a fidal~amtland? * IF YES. D.E.C. PERMITS MAY I~E REQUIRED. 16. Provide surve% to scale, with accurate foundation plum ~ di~ to property lines 17, If elevation at an,~ pomt on prop~'q,' is at 10 feet or be~w. must provide topographical data on stwvcy. STATE OF NI~~ YORK] COUNTY OF~ tName ot mmvtdual signing contract) above named. ' ' ~.~ IContr~or. Ag~U, CoxporateOflie~, of said owner or owners, and is duly authorized to perform or have performed the said work and to ~ and file this applicatiom ~hat all at atemems contazned in this applicadou are true to the heat of his knowledge and helief; and that the work will he performed in the manner se: forth in the application filed thcrewah. Sworn to b ore me this Notary Public C; OF SOUTHOLD KY RECORD ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 10, 2008 Zoning Appeal No. 6247 Transmitted herewith is Zoning Appeals No. 6247 of Catherine Mesiano~ Inc. for Henrv & Diane Hobbs- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, No Covenants & Restrictions, Cover Letter from Catherine Mesiano, Inc. Dated October 29, 2008, Letter from Catherine Mesiano, Inc., Explaining Construction Dated September 22, 2008, E-Mail from Linda Kowalski to Catherine Mesiano, Letter from Catherine Mesiano Dated October 30, 2008, Cover Letter from Catherine Mesiano, Inc. Listing the Items sent Dated October 30, 2008, Authorization Letter from Henry & Diane Hobbs to Catherine Mesiano, Inc. to Represent them in this Matter, Copy of Deed Between Kenneth D. Poliwoda to Diane & Henry Hobbs Dated December 23~ 1999 (2 Pages), Updated Certificate of Occupancy for One Family Dwelling with Attached Garage & Deck Dated August 2, 1994, Notice of Disapproval Dated September 24, 2008, Copy of Application for Building Department with Disapproval Dated 9/24/08(2 Pages), 4 Pages of Photos of House as it exists, 2 Pages of Property Record Card, 3 Pages of Color Drawing of Perspective view of house & Floor Plans Prepared by MCH Design Services, 5 Pages of Plans Showing Elevations & Floor Plans Prepared by MCH Design Service, Survey of Property Dated March 28, 1974 Prepared by Roderick Van Tuyl, P.C., Reduced Copy of Survey Showing Proposed Changes, Copy of Survey Showing Proposed Changes to Property Dated May 29, 2008 Prepared by Nathan Taf~ Corwin III, Land Surveyor, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/5/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6247 HOBBS, Henry & Diane 105 $400.00 N( ~ 7 2008 · South¢ Id Town ¢!¢r~ $400.00 By__ Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 11/07/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 30375 Reference Subtotal 6247 $400.00 Check#:105 Total Paid: $400.00 Name: Hobbs, Henry 74 Argyle Road Albertson, NY 11507 Clerk ID: CAROLH Internal ID: 6247 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6991 DATE:OCTOBER~ ISSUED TO: HENRY & DIANE HOBBS PROPERTY ADDRESS: 800 STERLING RD., CUTCHOGUE SCTM#.104-4-9 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I 11 of thc Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Q~:tober 15.2008 in consideration of application fee in the sum of $~50.00 paid by ~& Diane Hobbs and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the existing pervious brick patio, to construct a second-story addition to the existing dwelling, and to expand the front porch, with the condition and drywells are installed in accordance with Chapter 236- Stormwater Management of the Town Code, and as depicted on the site plan prepared by MCH Designs 20, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate ScaI to bc affixed. and these presents to be subscribed by a majority of the said Board as of this date. J~ames King ( ~nt) Henry & Diane Hobb$ #6247 800 Sterling Road, Cutchogue SCTM# 1000-104-4-9 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Henry & Diane Hobbs #6247 SCTM# 1000-104-4-9 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On the ~i "day JANUARY 2009, I personally mailed at the United States Post Office in East MORICHES, NY, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 Assessors of the Town of Southold 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. CATHERINE MESIANO Sworn to before me this ~ day of ~_~. ,2009. Notary Public CONNIE D. BUNCH Nota~j Public. State of New York No. 01BU6185050 Qualified n Sm~k County ~sommission Expires April 14, 20 I tenry & Diane Hobbs ~6247 ;00 Sterling Road, Cutchogue ;CTM # 1000-104-4-9 CERTIFIED MAILING LIST James E. & Denise M. Balzaretti 35 Roger Pl. Floral Park, NY 11001 SCTM # 1000-t044-8 Jennifer Monahan Michael Kretschmann Box 795 Cutchogue, NY ! 1935 SCTM # 1000-104-4-10 John P. & Christine D. Marcin 34 Harvard Street Garden City, NY 11530 SCTM # 1000-1044-32 Maude Adams Vanessa Cmigo 6995 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-104-4-33.1 William & Ann Pisarelli 815 Sterling Road Cutchogue, NY 11935 SCTM # 1000-104-1-28 Kenneth & Carole Anderson 163 Marcus Ave. New Hyde Park, NY 11040 SCTM # 1000-104-1-29 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano~optonline.net January 28,2009 Re: Henry & Diane Hobbs #6247 800 Sterling Road, Cutchogue SCTM# 1000-104-4-9 Dear Sir or Madam: I am the agent for the above referenced applicant who is requesting a variance from the Southold Town Zoning Board of Appeals. Enclosed please find a copy of the Legal Notice and plan describing the nature of the request. Should you have any questions or comments, I can be reached at 631-878~8951 during regular business hours. Very truly yours, Catherine Mesiano President Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK hi the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- .......... ................... x co 'r¥ OF SUFFOLk:) STARE OF NEW YORK) I,~_l:~e. rm ~.Me3~o residingat ta p4,1~__ ~ga~d L% E. ~ o ~tc~c-~, , New York, being duly sworn, del~se and say that: On the day o , ~ ~ , I ~rsonally plac~ the To~l's official Post,r, with the date of hearing and namm of my application noted th~r~n, sec~ly upon my pro~y, located ten (10) &~t or closer from th~ strut or right-of-way (driwway entrance) - facing the s~t or facing each strut or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in )lace for seven.days prior to fi/at date of the sobject hearing date, which hearing date was shown to be ~.~ / q ] 0 ~ _ . (Signature) Sxvom to before me this day of ~g~£l~tro, , 200 q. ' (No'tar3/Public) - *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1,2, and 3. Also ~ item 4 If Restricted Delive~ Is desired. · Print your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: James E. & Denise M. Balzaretti 35 Roger PI. Floral Park, NY 11001 SCTM# 1000-1044-8 2. Article Number (Transfer from sew/ce 0 ,~gent 0 Addres'~e Received by ( P#nted Name) . Date of Delivery '1 Reg~ Return Receipt for Memhandise [] Insured Mall [] C.O.D. 7003 1680 0006 6886 7253 PS Form 3811, February 2004 Domestic Return Recent · comptete items 1, 2, and3. Alsp complete item 4 if Restricted Delk~ Is d~eslmd. · Print you[ name and address on the reverse _ so tha~w.e~can return the card to you. ~"Attach this card to the back of the roailplece, or on the front If space permits. 1. Article Addressed to: John P. & Christine D. Marcin 34 Harvard Street Garden City, NY 11530 $CTM # 1000-1044-32 2. Ar ._~, ~ EI Agent [] B. Received by ( printed Name) I-1 Certified Mall n Expre~ Mall [] Registered [] Return Receipt for Merchandise Malt i"l C.O.D. [] Insured · Complete Items 1,2, and 3. Nao complete Item 4 if Restricted Delivery Is desired. · Print your naroe and address on the reverse so thet ~re'can return the card to you. · Attach this cad to the back of the mailplece, or on the Wont if space pan"nits. 1. Article Addressed to: Kenneth &Carole Anderson 163 Marcus Ave. New Hyde Park, NY 11040 SCTM # 1000-104-1-29 2. A~ticte Number (Tmnsfer fmm se~,~:e lal~l) A. S~gnatum X ~ [] Agent [] Addressee D. isdallve~addmssdlffemntffo~nltero1? []Yes If YES, enter dalive~y add~ below: [] No 0 C~ Malt 0 F_~ Mall [] Registered [] Return Recent fer ~l~t~ [] In~ured Mall [] C.O.D. · Restflcted Dell,a~ ~Ex~a Fee) r'l yea 7001 2510 0004 1873 2320 i PS Form 3811, February 2004 Restricted Delivery Fee To~P~ .--_ · $5.32 01/31/200~ .s~.To John P. & Christ ne D Marcin 34 Harvard Street ' [~o~r~.~ Garden City, NY 11530 CTM # 1000-104-4-32 $2.?0 02 $2.20 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endomement Required) ~).~2 02 Postmark Here $2.20 T. ............... · $5.32 01/3i/200~ Kenneth & Carole Anderson 163 Marcus Ave New Hyde Park,'NY 11040 SCTM # 1000-104-1-29 t0,~2 S2.'/0 02 $2,20 m $5.32 Jennifer Monahan 1 Michael Kretschmann Box 795 Cutchogue, NY 11935 ,z SC']3v~ # 1Q00-104-4-10 USE James E. & Oemse M. Balzaretti 35 Roger PI. { m m Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee {Endorsement Required) $0.~2 0940 12.20 'ro~ ..... $5.32 01/31~ t.~., William & Ann Pisarelli ~ ...... 815 Sterling Road s~ Cutchogue, NY 11935 SCTM # 1000-104-%28 1 A L U S Tot~ ............. "' $5.32 tso,t Maude Adams ...... Vanessa Craigo s~ 6995 Skunk Lane -~="~- Cutcho~ue, NY 11935 i~ SCTM # 1000-104-4-33.1 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · 'Attach this card to the back of the mailpieca, or on the front if space permits. 1. ArticleAddressedto: Maude Adams Vanessa Craigo 6995 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-1044-33.1 2. Article Number B. Received by (Printed Name) I C. Date of Deliver/ . IS dalive~y address d~ ~ ~tem 17 {~Yes ~////~ ff YES, enter deliver/address below: 7001 2510 0004 1873 2344 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pemlits. 1. Article Addressed to: Jennifer Monahan Michael Kretschmann Box 795 Cutchogue, NY 11935 SCTM # 1000-104-4-10 Service lype [] Certified Mall [] Ex~ees Mall [] Registered [] Retum Resalpt for Memhendies [] Insured Mall [] C.O.D. Restricted Delivery? ~[ra Fee) [] Yes ~ 2. Article Number I ~rn=~,~.~0 7003 1680 0006 6886 7260 PS Form 3811, February 2004 · Complete items 1,2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: William & Ann Pisarelli 815 Sterling Road Cutchogue, NY 11935 SCT~ # ~O00-~04-t-2S Is daliverj eddrees d,~,= = ,~ fmrn Item 1 ? If YES. enter dellv~y eddress betow: [] Centred M~I r'l Exlxees M~I ~, [] Registered [] Retum Fle<~pt for Mercflamles [] Insured Mall [] C,O,D. Rest~cted D~ive~ (Exea Fes) [] y~ 2, Article Number (Trans~r from esn4ce ~e/) 7001 2510 0004 1873 2337 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 (631)298-2250 I ~.__ DRAINAGE; ~ 1 ~ ~ I WAT[RRUNOFF~ ~ ~ m ~ I R*~,F*LL/~R.= ,72.3 CU. FT. ~ ~ ~ ~ I ~ g ~ I I 2 7 October 20, 2008 J SITE PLAN pREpARED IN ACCORDANCE WIT~ 114E MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I AL$, AND APPROVED AND ADQP1 ~D FOR SUCH USE BY THE NE~V YORK STATE LAND TFFLE ASSOCIATION. SCALE: 1" = 20'-0' SHEET NO:I P~-~ 2 4 2009 / OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 Telephone: 631 7/6fi:T938 Fax: 631~/~3136~ ~ LOCAL WATERFRONT REVITALIZATION PROGRAM ~ TOWN OF SOUTHOLD To: Gerard Goehringer, Chair Members of the Zoning Board of Appeals From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: February 6, 2001]/ Re: Coastal Consistency Review for ZBA File Ref. No. # 6247 (Hobbs) SCTM# 1000-104-4-9 The proposed action which 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 second story addition is CONSISTENT with the LWRP due to the minimal ground disturbance expected to result with the construction of the second story addition to the existing residence. In the event the application is approved it is recommended that gutters, leaders and drywells be installed to comply with Chapter 236 Stormwater Management of the Southold Town Code. The proposed expanded porch is a rmnor exempt action pursuant to § 268-3. Definitions., item BB of the Southold Town Code and not subject to LWRP review. The section is included below: BB Additions to the landward side of an existing dwelling constituting le~s than 25% of the original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7- 2006] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney October 29, 2008 Gerard Goehdnger, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 DEC 1 0 2008 BO ,P D OF APPEALS Re: Henry & Diane Hobbs 800 Sterling Road, Cutchogue SCTM~ 1000-104-4-9 Dear Mr. GoehdngeF On or about October 29, 2008 an application for 2 minor variances was submitted by our expeditor, Catherine Mesiano. The variance requests are for construction of a 29.4 sq.ff, extension of the existing front stoop, not to exceed the existing front setback to the stoop of 32.2' and 186.3 sq.ft, of the second story addition to our existing home. The existing dwelling maintains a 35.8' front setback and the second story addition will maintain the established setback. We have been informed by your office that our application will be heard at your Board's February 26, 2009 headng. We had hoped to begin construction by the end of this year, but we understand that that cannot be achieved. However if there is any way that our case can be moved to an eadier date it would be greatly appreciated. We have enjoyed this property as our second home for a number of hears and we have decided to make this our permanent residence. The delay has created a hardship for us in that we are making the transition from our present home in Albertson to Cutchogue and are under time constraints. If there is any way that our hearing could be scheduled on the January 8, 2008 calendar we would be most appreciative. Also, please be advised that we have obtained the necessary approvals from the Town Trustees and the NYSDEC. Thank you for your consideration. Very truly yours, . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765~I938 Fax: 631 765~3136 MEMORANDUM To: Gerard Goehringer, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner '~'~ LWRP Coordinator Date: February 6, 2008~ Re: Coastal Consistency Review for ZBA File Ref. No. # 6247 (Hobbs) SCTM# 1000-104-4-9 The proposed action which 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 second story addition is CONSISTENT with the LWRP due to the minimal ground disturbance expected to result with the construction of the second story addition to the existing residence. In the event the application is approved it is recommended that gutters, leaders and drywells be installed to comply with Chapter 236 Stormwater Management of the Southold Town Code. The proposed expanded porch is a minor exempt action pursuant to § 268-3. Definitions., item BB of the Southold Town Code and not subject to LWRP review. The section is included below: BB. Additions to the landward side of an existing dwelling constituting less than 25%0 of the original structure, except in a Coastal Erosion Hazard Area; [Added 6-6-2006 by L.L. No. 7- 2006] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its ~vritten determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney Office Location: Town Annex/Flint Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 November 5, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6247 (HOBBS) Dear Mark: We have received an application for additions and alterations to an existing single-family dwelling, as detailed on the enclosed map. 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. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765~9064 November 5, 2008 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 #6247 Action Requested: Within 500 feet of: Owner/Applicant: HOBBS Front yard setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 008 ZONING ~OARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as them appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hughes, Michael & Themse* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds [OCAIION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 IELECOPIER (631) 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~a.fline Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 11, 2008 Mrs. Diane Hobbs 800 Sterling Road Cutchogue, NY 11935 Re: ZBA File # 6247 Variance Application Dear Mrs. Hobbs: This will confirm receipt today of your letter requesting an earlier time slot. We must apologize for not being able to accommodate you for this request based on the fact there are ten new applicants ahead of you that are also scheduled for February 19, 2008 hearings. It is incumbent on any applicant to file within two weeks of the date of the Notice of Disapproval issued by the Building Inspector to insure earlier time slots. Very truly yours, Gerard P. Goehringer Chairman cc: Hon. Scott Russell, Supervisor Office Location: Town Annex/Frtrst Floor, North Fork Bank :54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http:l/southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Addre~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: REFERENCE:: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: 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 January2~,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice Will be published in the next issue of the Times Review newspaper. 1) Before February 1st Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the beSt of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providin.q the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later FebrUary 9th: 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 February 16, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAYT FEBRUARY 19~ 2009: 2:30 P.M. DIANE and HENRY HOBBS #6247. Request for a Variance under Sections 280-122A and 280-124, based on the Building Inspector's September 24, 2008 Notice of Disapproval and ZBA #5039 (Zoning Code Interpretation in the Matter of R. Walz). The Building Inspector states that the proposed alterations and additions to the existing single-family dwelling will constitute an increase in the degree of nonconformance at less than 40 feet from the code-required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue; CTM 1000-104-4-9. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: January 20, 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HOBBS, DIANE & HENRY #6247 MAP # 04-4-9 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE: THURS, FEB 19, 2009, 2:30 PM 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 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5th day of February, 2009. ~ ~P al Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS ~JURSDAY, FEBRUARY 19, 2O~g PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Towa of Southold, the following public bear- 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 1~197i-0~59, on THURSDAY, FEBRUARY Lg, 2,009: a)a,~ A.M. JOHN ~d MARGARET TONER # 6239. Request for Variances under Section 280-124, based on the Building Inspector's amended October 20, 2008 Notice of Disapproval concern- ing as-built additions and alterations which exceed the code limitation of 20% of buildable area lot coverage and is less than the minimum required setbacks for combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, Laurel; CTM 1000-143-2-16. 12 and 280-124, based on the Building Inspector's amer~ded October 10, 2008 Notice of Disapproval and the owner's request for a buildLng perm!t to con- struct a new single,family dwelling and a new accessory building proposed with a nohconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit appJication are that: (1) the proposed single-family dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-family dwell- lng will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is pro~- posed with (nonconfoIming) habitable space, and permitted uses are limited to single-family detaebed dwellings, not to exceed one dwelling on each lot. 11.'00 A.M. MICHAEL and DANA MEYRAN g/;~51. Request for a Vari ancc under Sections 280-122A and 280- 124, based on the applicant's request for a building permit and the Building Inspector's November 6, 2008 Notice of Disapproval Under Zoning Code In- terpretation #5039 (Application by R. Walz), concerning proposed reconstrac lion of a dwelling in a location which will increase in the degree of nonconfor- mance at less than 35 fee~ from the code required minimum front ygrd setback, at280 Youngs Avenue~ Mattituck; CTM 1000-141-1-31. : 1'1:30 A.M. MICHAEL and LAURA CHAPMAN LIVING TRUST ~6249. 280:l'~and 280:i~4; based on the Building Inspoctor's revised I~ber I0, 2008 Notice of Disapproval co~ (merged lot). CHRISTINA VOUNSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in SuffOlk County 9:40 A.M. PHYLLIS KAUFER i~ 6240 Request for a Variance under Section 280-15c. based on the Building Inspector's October 6. 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code hmitation of 750 square feet. Location of Property: 3175 Nassau Point Road. Cutchogu¢: CTM 1000404-13-12. existing single-family dwelling at leks~ (Goldsmithsinlet),Southold;CTM67-7- ~han the code-required minimum of 75 - 11 and Variance~ to increase the degree [eet from the existing bulkhead a~ljacent to Orient Harbor. at 12580 Main Road. East Marion: CTM Parcel 1000-31-14- 8.2. 10:00 A.M. TIMOTHY WOOD and MIRA DOUGHER~Y-JOHNSON 66244. Request for Variances under Section 280-124. based on the Building inspector's revised December 36. 2008 Notice of Disapproval concerning a pro- posed new single-family dwelling later demolition of the existing building) in a location with front yard setbacks at less than 35 feet on this 10.067 square foot parcel. Location of Property: 340 Loeus~ Lane :and Korff Roadl. Southold: CTM 62-3,26. 10:.18 A.M. ISIDOROS TSIRNI- KAS and MARIA PAPGIANNAKIS # 6252. Request for Variances under Section 280-15, based on the Building Inspector's November i2, 2008 Notice of Disapproval for a proposed accessory swimming pool in a front yard instead of the code-required rear yard, and for a fence at a height which will exceed the code limitation of four (4') feet in a front yard location adjacent fo C.R. 48 (a/k/a North Road). Location of Property: 940 Homestead Way, Greenport; CTM 1000- 40-2-20. 10'.30 A.M. DEBORAH M. PONTI- NO #6254. Request for a Special Excep- tion unde~ Section 280-13B to esiablish an Accessory Apartmenl in this single family dwglling, with owner-occupancy, at 2675 Indian Neck Lane, Peconic; C'TM lf~l 86-5-13. 10:45 A.M. LEWIS TOPPER g624~. Location of Property: 3606 Camp Mine- ola Road, Mattituck; adjacent to Great Peconic Bay; CTM 1000-I23 6-13. Re quest'for Variances under Sections 280- -- of rear yard setback nonconformi~ less than 35 feet. {2) to increase the degree of side yard setbacks at less than 10 feet and less than 25 feet combined, (3) less than 75 Ieet from the bulkhead, (4) ex- ceeding the code limitation of 20% lot - coverage. ~ P.M. DIAh'E ami H~NRY HOBB,~ tt~247. Request for a Variance under Sections 280-122A and 280-124. based on the Building Inspector's Sep- tember 24. 2008 Notice of Disapproval and ZBA #5039 fZoning Code Inte,r- pretation in the Matter of R. Walz). The Building Inspector states that the pro- posed alterations and additions to the existing single-family dwelling will con- stitute an increase in the degrd¢ of non- conformance at less than 40 feet from the code-required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue; CTM 1000-104-4-9. The Board of Appeals will hear ali persons, or their representatives, desh-- lng to be heard at each hearing, and/or des[ring to submit writteN statements before the conclusion o]~ each hear lng. Each hearing ?i0 not start earlier than designated above. Files are avail~ able for review d~ring regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (63k) 765-1809, or by email: Linda. Kowalski~ Town. Southold.ny,us. Dated: February 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSK1 54375 Main Road (Office Location) 53095 Main Road (Mailing]USPS)_ EO. Box 1179 Southold, NY 11971-0959 9177-1T 2/5 OF SUH BROADClATER$ COVE TO~N OF SOUTROLD I ~ COUNTY OF i Il{lC J. 13RES;SI,ER \BIGAII A. WICKIIAM I YNNI M.(iORI)ON I,'\NI I (il ASA lAX,'* OFFICI % WICK}tAM. BRESSI,ER, GORDON & GEASA, P.C. 13015MAIN ROAD. P.¢).BOX 1424 MAI ] [ [ [ CK. [,()N(} ISLAND NEW YORK 11952 631-298-8353 lEI IIAX NO. 631-298-8565 wwblaw~aol.cm:n February 27. 2009 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application for variance for Hobbs. Appeal No. 6247 1000-104-4-9 WII.I,IAM ~ ICKHAiM (06-02) 275 BROAD I IOIA.OW }{()AD SUIIE I I I MI!I,VII.I,E. NEW YORK 11747 631-249-9480 I EI.LFAX NO. 631-249-9484 I, tAI - 3 Ladies/Gentlemen: I would appreciate the opportunity to respond to two of the points in the Hobbs letter to you dated Februao' 23, 2009. Regarding the lighting, we ask for a specific condition that exterior lighting not be allowed to shine into the pond or on to neighboring properties. This is common courtesy', not an onerous condition. Regarding the shrubbery screening, the l tobbs' selection as noted on their sketch of plantings seems appropriate to the situation and provides a nice selection of border/screening plantings. I lowever, the diagram indicates the area of planting to be on the Monahan property. This may be inadvertent, but I have taken the liberty of drawing the area with X's which I showed to Ms. Mesiano and the Hobbs after the hearing last week. I trust this will provide you with sufficient information to reach a decision. Thank you lbr your consideration. Very l~,fi/3/Tyours, ~~Wickham Cc: Mrs. and Mrs. Hobbs C. Mesiano 4.1 Zba/zhaltr x 631 29~ E]565 T0:631765~ WICKHAMp BRESSLER. (}ORE}ON & GEASA, P.C. 1301,$ MASN ROAD. P.O. ~)X 1424 MA~ITUCK, ~O~O ISLAND NEW YOR~ 11952 TELEFA× NO. fi3'1-298-8565 wwblaw,~. 01.corn WII.I.IAM WfCKHAM 275 BROAD HOI,I,OW ROAD SUITE I 11 MEI.VII.[,I~,, NEW YORK I I 7~.7 63 [ -249-9480 TELEFAX NO. 631-249-94R4 Ma~h 5,2009 Town Of Southold Zoning Board of Appeals 53095 Main Road, Post Offi:e Box 1179 $outhold, New York I 1971 Re: Application for variance for Hobbs. Appeal No, 6247 1000-104-4-9 Ladies/Gentlemen: MAR - 5 2009 ]his i.s to corifir~ that Ms. Mesiano and her ¢l.ie~t have rcvicwcd my let.ret to you dated Feb .m.a,~ 27, 2009 and have not expressed any obj~tion thereto. That l~'ter t, equested a specific condm~n regarding ]lighting and plkcement 0t'th~ [ahdscaping on the Hobbs property. Thank you for your consider'at!on. Veryl~ y.ours. Cc: C. Mcsiarto Cmchogue N. Y. 11935 Zoning Board of Appeals Gerard P. Goehfinger, Chairman Feb 11 2009 RE :Diane and Henry Hobbs # 6247 Dear Chairman Goehringer We are directly across the sm'eet fxom the project in question The applicants have made their plans available to us for comment. It is our opinion that their alterations will give them the additional space they desire and will app~ciably add to the quality of our neighborhood. We respectfully request that the Board Of Appeals grant this request. William and Ann Pisa-Relli 560 Sterling Road Cutchogue, NY 11935 Feb 3,2009 5~ c-Trm-pt lc,v-e, -lOW-y- ? To Whom It May Concern: ~ We are writing in support of our neighbors' efl'orts to put an extension on thgir home. Mr and Mrs Hank Hobbs have shown us the plans We think the extensibg~h:?. will enhance their home and the neighborhood. We have been neighbors for over eight years and know the Hobbs to be a caring family who are an asset to the neighborhood. ~~~//,~Sincerely, Mr and Mrs Robert Drews