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HomeMy WebLinkAbout6130 .APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 R EC IYED Tel. (631) 765-1809 · Fax (631) 765-9064 ~ 'DAY 1 9 2008 1V[EE?ING OF MAY 8, 9008 $outhoIc~ Town Clerk ZBA # 6130 - DONALD and JANIS ROSE PROPERTY LOCATION: 145 King Street, Orient CTM 1000- 26-1-23 PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,732 square foot parcel in the R40 District, measuring 61.5 ft. wide along the King Street southerly boundary and 110 feet deep, and improved with a single-family dwelling as shown on the survey by Joseph Ingegno, Licensed Land Surveyor dated December 14, 2006. BASIS OF APPLICATION: Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's January 7, 2008 amended Notice of Disapproval concerning the location of a new two-story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). RELIEF REQUESTED: The applicant proposes to demolish an existing one-story one-car parking/storage and owner's private woodworking hobby accessory structure and replace it in the same location with a new accessory garage building to be used for the same purposes that would: 1. increase the existing lot coverage from 27.4% to 28.25% where the code limitation is 20% (allowable). 2. increase the rear yard setback from the existing 2.4 feet to 3 feet where the code requires a minimum of five feet for an accessory structure 20 feet high (to the top of the ridge). 3. increase the easterly side yard setback from 2.1 feet to 3 feet where the code requires a minimum of five feet for an accessory structure that is 20 feet high. include insulation, electric, and an HVAC system (heating and air conditioning) for year- round use of the accessory (garage) structure as habitable space for an accessory homeowner's woodworking hobby and for storage of their vehicle. ADDITIONAL INFORMATION: The proposed construction must be reviewed and approved by the Southold Town Landmarks Preservation Commission, because the property is hsted on either the Southold Town, New York Sate and]or National Register of Historic Places. If the requirements of the Town Code pertaining to Landmarks (Local Law No. 22) are met, a Certificate of Appropriateness (C of A) will be issued. The C of A is required before a Building Permit will be . Page 2 - May 8, 2008 ZBA~ 6130 - D. and J. Rose CTM 1000- 26-1-23 approved. The applicant's architect, Nancy Steelman, testified at a public hearing on March 27, 2008 that the LPC has granted tentative approval of drawings for the proposed accessory building dated July 26, 2008 labeled Site Plan sheet i and Floor Plans and Elevations/Sheet 2 prepared by Samuels and Steelman, Architects, pending a decision by the ZBA. Also, the applicant/owner testified at the March 27, 2008 public hearing that he has terminated his website custom furniture business operated from his woodworking shop in New Jersey and will be using the proposed accessory woodworking shop/garage for the creation of small scale metal and wood fabrications as a personal hobby In his pending retirement and not for any business/retail use. 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 setback variances and lot coverage will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are several other large accessory structures, including two story structures, in the area and the proposed 3' setbacks for the new accessory garage and home hobby woodworking shop will decrease the degree of non-conformity of the 2.1' and 2.4' setbacks for the existing one story structure. Although the proposed new 2 story construction will be approximately twice the size of the existing structure, the proposed dormers and massing of the roof forms are designed to reduce the overall bulk and to cast shadows primarily on the garage to the east. The increase in proposed lot coverage is minimal at 55 square feet. With respect to the use of the building, the owner will continue the accessory use as per code for a one-car garage and homeowner's private hobby woodworking shop, without business or commercial activities, and will not be used for habitable space. 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 proposed two-story replacement garage and homeowner's personal (non-commercial) hobby woodworking shop cannot meet the code required 5 feet setbacks because that would locate the garage door partly behind the existing house, thereby denying functional access by car to the garage space using the existing driveway that runs along the easterly property. An increase in lot coverage also requires a variance since the existing house and garage constitute 27.4% lot coverage, which is already beyond the code permitted 20%. 3. Town Law §267-b(3)(b)(3). The proposed setback variances of 3 feet are substantial at 40%. The requested lot coverage of 28.25% represents a 41% variance. However, denial of the increase in lot coverage of an additional 55 square feet of footprint would necessitate a change in the pitch of the proposed roof configuration that would create an increase in the mass and height of the structure, thereby creating a greater impact on the character of the neighborhood than the proposed increase in lot coverage would generate. The request to include insulation and an HVAC system to allow the proposed accessory structure to be used as a year round habitable space for home hobby small scale woodworking is substantial and represents a 100% variance in an accessory structure. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created in that the applicant has chosen to increase the footprint of the existing accessory structure beyond that permitted by code and to construct a 20 feet high structure with 3 ft. setbacks in order to use the second floor as habitable space when an 18' accessory structure with 3 ft. setbacks would not have required a variance. Page .3 - May 8, 2008 ZBA # 6130 - D. and J. Rose CTM 1000- 26-1-23 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The property is fiat and there are no serious drainage issues. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two stow one car garage and second-floor home hobby workshop, 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 variances as applied for, and shown on the July 26, 2007 site plan/Sheet 1 and Floor Plans and Elevations/Sheet 2 prepared July 26, 2007 by Samuels and Steelman Architects, for a proposed accessory building, subject to the following Conditions: 1. Provide gutters and leaders on the accessory structure to contain roof runoff into an onsite drywell. 2. Grant heat and air-conditioning only for the second floor and that portion of the first floor of the proposed accessory building that will be used for the owner's accessory woodworking hobby use. The garage portion of the accessory building shall not have heat or air-conditioning. 3. Electric shall be permitted to service the HVAC system, lighting, and operation of power tools. 4. No plumbing shall be installed on the interior of the accessory structure. 5. The accessory building shall not be used for sleeping purposes, business uses or as a separate dwelling unit. Any other use of this building shall meet code under the accessory provisions of the zoning code. 6. The owner/applicant shall record with the Suffolk County Clerk a Declaration of Covenants and Restrictions (to be approved by the Town Attorney) and stating all of the above conditions, with a conformed copy filed with the Zoning Board of Appeals, prior to issuance of a Certificate of Occupancy. 7. All of the above conditions shall be complied with, prior to issuance of a Certificate of Occupancy. That the above ZBA 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 · Page ,4 - May 8, 2008 ZBA # 6130 - D. and J. Rose CTM 1000- 26-1-23 alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehr~n)~Oti~ This Resolution was duly adopted (5~/ J ~'~rd P. Goehringer, Chairma Approved for Fihng Dinizio, Simon, and Weisman. 5///M/2008 CC #: C10-5589 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0211712010 under Liber D00012616 and Page 418 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/1712010 SUFFOLK COUNTY CLERK JUDITH A, PA$CALE SEAL Number of pages TORRENS Serial # Certificate # Prior Ctf, # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 20!0 Feb i7 10:28:!7 JUDITH fl. PflSC~LE CLERK OF SUFFOLK COUNT~/ L D000126!6 P 4~ Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 Notation FA-5217 (County) FA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Reg. Copy 5. 00 FEES SubTotal Other I¢ 4 ]District I Section Real Property Tax Service Agency Verification Sub Total S 5 Z'C) Grand Total ( 05 ~ I Block I Lot 1000 02600 0100 023000 ISatisfaction/DischargesfRelease List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MT(X TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only, YES or NO If NO, see appropriate tax clause on page #. of this instrument. £ ' Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD l~o! N~ame Title Company Information Title # 8 I Suffolk County Recording & Endorsement Page This page forms part of the attached DONALD ROSE AND JANIS ROSE TO TOWN OF SOUTHOLD DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPEC[FY TYPE OF INSTRUMENT) The pmmisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of ORIENT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpaye~ Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward l~ Ramaine Suffolk County Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 6 Receipt Number : 10-0018560 District: 1000 Recorded: At: 02/17/2010 10:28:17 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $30.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $105.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County LIBER: D00012616 PAGE: 418 Section: Block: Lot: 026.00 01.00 023.000 EXAMINED AND CHARGED AS FOLLOWS DECLARATION OF COVENANTS AND RESTRITIONS THIS DECLARATION made this_~ day of February, 2010, by DONALD ROSE AND JANIS ROSE, residing at 28 Grand Avenue, Rutherford, NJ 07070 hereinafter referred to as "DECLARANT(S)": WITNESSETH: WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located at 145 King Street, Orient, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 126, Block 1, Lot 23 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the DECLARANT(S) made an application to the Zoning Board of Appeals for Variances under Sections 280-15B and 280-124 and held a public hearing on this application on March 27, 2008, at which time the Board received written and oral evidence; WHEREAS, in a decision dated May 8, 2008, based upon all testimony, documentation, personal inspection of the property and other evidence, the Zoning Board of Appeals granted relief for a proposed accessory building as indicated on the July 26, 2007 site plan/Sheet 1 and Floor Plans and Elevations/Sheet 2 prepared July 26, 2007 by Samuels and Steelman, Architects; WHEREAS for and in consideration of the granting of said approval, the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and restrictions be imposed on the property, and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be for the best interests of the Declarant and subsequent owners of the property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributes, successors and assigns to wit:: 1. Provide gutters and leaders on the accessory structure to contain roof runoff into an onsite drywell. 2. Heat and air-conditioning are permitted only for the second floor and that portion of the first floor of the proposed accessory building that will be used for the owner's accessory woodworking hobby use. The garage portion of the accessory building shall not have heat or air-conditioning. 3. Electric shall be permitted to service the HVAC system, lighting and operation of power tools. 4. No plumbing shall be installed on the interior of the accessory structure. 5. The accessory building shall not be used for sleeping purposes, business uses or as a separate dwelling unit. Any other use of this building shall meet code under the accessory provisions of the zoning code. THE FOREGOING covenants and restrictions shall run with the land and shall be binding on the DECLARANT(S), his/her/their heirs, assign, purchasers, or successors in interest, and upon all persons or entitles claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. if any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. IN WITNESS WHEREOF, the Declarant(s) has duly executed this Declaration the day and year first above written. DONALD ROSE JANISROSE 3 STATE OF NEW JERSEY COUNTY 0 F~-'~ ~ ~;~. ~ ~-~'~.~S: On the ~ day of February, 2010, before me, the undersigned, personally appeared DONALD ROSE AND JANIS ROSE personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.). ~ / ~~~~~_F,_...~No~a~eublic I,;; 1~1~' ~,,1~: 4 Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of King Street, distance 116.1 feet easterly from the corner formed by the intersection of the northerly side of King Street with the easterly side of Bay Avenue; RUNNING THENCE North 4 degrees 9 minutes 0 seconds West along the lands now or formerly of Harris and Douglas 108.90 feet to lands now or formerly of Berner; THENCE North 84 degrees 48 minutes 50 seconds East along lands of Berner 61.50 feet to land now or formerly of Molan; THENCE South 4 degrees 9 minutes 0 seconds East along the land of Molan 110 feet to the northerly side of King Street; THENCE South 85 degrees 51 minutes 0 seconds West along the northerly side of King Street 61.50 feet to the point or place of BEGINNING. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 7, 2007 RENEWED: January 7, 2008 TO: Samuels & Steelman (Rose) 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated July 27, 2007 For permit to demolish an existing accessory building and construct a new accessory building at Location of property 145 King Street, Orient, NY County Tax Map No. 1000 - Section 26 Blockl Lot 2__~3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 6,732 square foot parcel in the R-40 District, is not permitted pursuant to Article III, Section 280-15 (B), which states that non-conforming lots, measuring less than 20,000 square feet in total size, with a maximum height of 20 feet, require a minimum setback of 5 feet from any property line. The proposed construction notes the new accessory building as being 3 feet from the property line. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 200-124, which allows a maximum lot coverage of 20 percent. Following the proposed construction, total lot coverage will be 28.2%. ? ,..,, In addition, the-proposed construction is not permitted without review and approval by the Southold Town Landmarks Preservation Commission, because the property is listed on either the Southold Town, New York State and/or the National Registers of Historic Places and requires review by the Southold Town Landmarks Preservation Commission. If the requirements of the town code, pertaining to Landmarks (Local Law No. 22) are met, a Certificate of Appropriateness (C of A) will be issued. The C of A is required before a Buildin~ Permit will be approved. Information about the requirements for applying for a C of A is available at the information counter in the Building Department. This Notice of Disapproval was based on a plot plant dated July 26~ 2007~ by Nancy Steelman~ Authorized Signature ~ 61.50' 116.1' SURVEY OF PROPERTY SITUATED AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-26-01-25 SCALE 1"=10' DECEMBER 14, 2006 AREA = 6,731,55 sq. ff. 0.155 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: '~,~ ~, FIRST FLOOR i r L - GARAGE FLOOR 2. THIS PROPERTY IS IN FLOOD ZONE: AE (EL 9) FLOOD INSURANCE RATE MAP No. 36103C0068 G ZONE AE: BASE FLOOD ELEVATIONS DETERMINED NYS Lic. No. 4-9668 Josep Ingegno Land yor PHONE (631)727-2090 Fox (631)727 1727 APPLICATION TO THE SOUTHOLD TOWN BOARD OF A House No. 145 Street King Street __Hamlet Orient SCTM 1000 Section 26 Block I Lot(s). 23 Lot Size 6,732 Zone r-40 l (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8/7/07 renewed Jan. 7~ 2008 BASED ON MAP DATED July 26 2007 Applicant(s)/Owner(s): Don & Jan Rose Mailing Address: Box 494 Orient~ nY 11957 Telephone: 323-2476 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~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 7/26/07 DENIED AN APPLICATION DATED 7/27/07 & I/7/08 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article_III Section 280- 15 Subsection (B~ 20 foot heigh accessory garage is required to be 5 feet from the property line. Article XXII1 Section 200-124 lot coverage is over 20% (28.2%) Type of Appeal. An Appeal is made for: E 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 [] has, E has not been made at any time with respect to this propert¥~ UNDER Appeal No. Year __. (Please be sure to research before completing this question or call our offtce for assistance.) Name of Owner: ZBA File # ~ Dan & Jan Rose REASONS FOR APPEAL (additional sheets mag be used with preparer's signature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing garage and attached shed is proposed to be reconstructed. The new garage will give the owner space for a work shop. To limit the size of the garage foot-print the work shop will be on the second floor of the garage. The neighboring properties have similarly sized garages. The house is small and placed far back on the property so the garage must be in line with the driveway area in order to drive a car into the space. If the garage was placed at 5 feet from the property line the garage door would not be behind the house and eliminate clearance into the garage. (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 garage is on the east side of the property. The code requires that the garage be pushed towards the center of the property and this would eliminate a car space and also eliminated the back yard and garden. The second floor is only the work shop area. The owner tinkers with gadgets (hobbies) and invents things. He needs space for his tools. (3) The amount of relief requested is not substantial because: The existing garage is at 2 feet from the property line, it is being moved to 3 feet. The height at 5 feet from the property line is permitted to be 20 feet. The owner needs the height for the work shop space. In order to comply with the code he would eliminate the usefulness of the garage because the driveway runs along the property line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No environmental issues are applicable. The owner went to the Landmarks Preservation Commission but they were insisting on construction drawings which would require the owner's architect to complete at great expense without first obtaining a variance. One the variance is determined the owner will complete the review with Landmarks. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The house and driveway are existing, the garage replaces an existing garage. Are there Covenants and Restrictions concerning this land: E No. [] Yes (please furnish copy). 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 RE~.~D, AND PLEASE COMPLETE Sworn to before me this /6 'r~/ ~fi~e of Appellant or Authorized Agent (Agent must submit written Authorization from MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Count1/ Commission Expires June 3, '~0,,// APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Don & Jan Rose Owner: same Date Prepared: December 14~ 2007 I. For Demolition of Existing Building Areas Please describe areas being removed: existing, enrage & attached shed II. New Construction Areas: new earane Dimensions of first floor extension: 17 x 26 = 442 sq.ft.__ Dimensions of new second floor: 17 x 26 Dimensions of floor above second level: none Height (from finished ground to top of ridge): 18 to mansard roof/20 to peek Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured f~om natural existing grade to first floor: 18 to mansard/20 to peek III. Proposed Construction if Existing Building Alterations or Structural Changes (at~ach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one story ttarage Number of Floors and Changes WITH Alterations: second floor area for worksho~ IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existing square footage of buildings on your property: 1847 sq.ft = 27.4% Proposed increase of building coverage: 55 sq.ft. Square footage of your lot: 6~731.55 sq.fl. Percentage of coverage of your lot by building area: 1902 sf or 28.2% V. Purpose of New Construction: replace existinu enrage with new t~ara~e with work shop area VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Small village lot, fiat and house is set back off the front yard. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weis~nan http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 19, 2008 By Regular Mail and Fax Transmission 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6130- Variance Determination (Rose 126-1-23) Dear Ms. Moore: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit. Thank you. Very truly yours, Encl. Copy of Decision 5/15/08 to: Building Department Linda Kowalski S S January 17, 2008 Ms. Linda Kowalski Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 A M T E U E L S & E L M A N R~C~V~D dAN 18 2008 BOARD OF APPEALS Re~ Rose Accessory Building 145 King Street Orient, NY 11957 ZBA Appeal #6130 Dear Ms. Kowalski, As requested, we are providing the following information regarding lot coverage calculations and garage floor elevation for the above reference project. Lot Coverage Calculations: Allowable Lot Coverage (20% of Lot Area): 20% x 6731.55 SF = 1346 SF Existing Lot Coverage: (Area of House including porches & existing Accessory Building divided by Lot Area): 1472 +375 SF divided by 6731.55 SF = 27.43% Proposed Lot Coverage: (Area of House including porches and Proposed Accessory Building divided by Lot Area):1472+430 SF divided by 6731.55 SF = 28.25% Garage Floor Elevation: The proposed floor of the garage is a concrete slab on grade. All proposed heights of the Accessory Building are based on existing grade. If we can answer any questions or provide any additional information, please do not hesitate to call. Sincerely, ,,-.~. ~ ,~m'q~els & Ste~l~nar~~ Architpcts ' ' 25235 MAIN ROAD GU[, N[W YORK 11935 ~ (631) 734 6405 FAX (631) 734 64(17 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 16, 2008 Southold Town Zoning Board of Appeals Chairman Dinizio, and Board Main Road Southold, NY 11971 By Hand Re: Don & Jan Rose 1000-26-1-23 Dear 2. 3. 4. 5 o 7. 8. 9. 10. CC: Mr. Dinizio and Board: Enclosed please find following: CURRENT NOTICE OF DISAPPROVAL from the Building Inspector ZBA APPLICATION Reduced SURVEY used for the notice of disapproval BUILDING DIAGRAMS prepared by Samuels & Steelman: Diagram or sketch of roof design, elevations from grade, foundation areas above/below grade, existing and proposed mean heights, and existing and proposed maximum heights to top of the ridge from natural grade. Due to the weather, we will stake the corners of the garage prior to your inspection. PROJECT DESCRIPTION QUESTIONNAIRE FORM No COVENANTS AND RESTRICTIONS TOWN PROPERTY CARD The LWRP is not applicable and no EAF is required (type II) My client's check payable to ~Town of Southold" Thank you for your continued courtesies.  urs, 6. patYicia C. Moore Mr & Mrs. Rose Samuels & Steelman, Architects BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork. net/Southold/ Disapproved a/c Expiration 20 ,20 ,20 ~UIL'UIi~IJ41~KlVll ! ,M'?LIUAIIUN CI-IECK. LIS~ Do~ haw or nccd thc follow~, before apply~ Bo~d of H~al~ 3 sets of Build~ Pla~ Pl~in~ Bo~d a~roval Su~y. PE~T NO. ~eek Sep6c Fo~ N.Y.S.D.E,C. T~stees Mail to: 4PPLICATION FOR BUILDING PERMIT JUl_ Z 'i t Date, )O ~ 1 ,20 ~. . .. ff INSTRUCTIONS -- ' ' a~44~ts-app~'ca--h-6'n-FVlUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 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 ape ~rmit shall be kept on the premises available for inspection throughout the work. issues a Certificate of Occupancy. e No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspe tor f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months 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 cfa 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 agree~ to comply with all applicable laws, ordinances, building code, h,!msing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections~. // ~ //~ -, · ~. (/~re of applicant ~r name, if a corporation) (M~iling Kddr~ss of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electric/an, plumber or builder Name of owner of premises .~f~'~. ]c..J ~ J,:5/t-) (As on the tax roll or latest deed) [f applicant is a corporation, signature of dUly authorized officer (Name and title of corporate officer) tuilders License No. 'lumbers License No. ~lectricians License No. )ther Trade's License No. Location oflaad o,n which proposed work will be done: House Number ' 'S~reet Hamlet County Tax Map No. 1000 Subdivision ' ' ' (Name) Section Block ~?! Filed Map No. Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed cSnstmction: a. Existing use and occupancy b. Intended use and occupancy ~' Addition Alteration Other Work 3. Nature of work (check which applicable):' New Building Repair Removal Demolition ,5< 4. Estimated Cost ~]/~tg,. ,o,oO Fee (Description) 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 If business, commercial or mixed occupancy, specify nature~and extent of each type of use. Dimensions of existing structures, if any: Front ~--7 ° Rear i~'7! Height /~-~ Number of Stories / Dimensions of same structure with alterations or additions: Front Depth~ Height Number of Stories Depth Rear Dimensions of entire new construction: Front ~-/- ' Rear ~/o ' Depth/7/ Height ~' ' Number of Stories 9. Size of lot:Front ~/. 10. Date of Purchase 11. Zone or use district in which premises are situated Rear ~/,t~t Depth Name of Former Owner - 12. Does proposed construction violate any zoning law, ordinance or regulation? YES)ff NO 13. Will lot be re-graded? YES__. NO /~ Will excess fill be removed from premises? YES__ NO.]>/,, 14. Names of Owner ofpremises.l~k~~Address - 'e~or~/n[ ~o.~°.?~3~- '7~'~'- Name of Architect~i~nmo~}~-,~')'-,~.Jrrmr, Address~hone No ~ ~ Name of Conmctor Ad,es.. ' 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 ora 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 o.n property is at 10 feet or below, must provide topographical data on survey. ;TATE OF NEW YORK) SS: 2OUNTY OF~)~ ~)/'0{/~0,~ g"~p///i~//x,~ . :being duly swom~ deposes and says that (s)he is the applicant (b~aha~ ofindilfidual signing contract) above named, S)He is the (Conta-actor, Agent, Corporate Officer, etc.) fsaid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; nat all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be erfonned in the manner set forth in the application filed therewith. Notal~ol~a~tiBublic. State of New Yo ,~.1o: 01 RI6042467 Qualified in Suffolk County Commi~;sion Expires May 30. / ~ ~ig~ature of Applicant DEPARTMENT OF PLANNING COUNTY OF SUFFOL STEVE LEVY SUFFOLK COUNTY EXECUTIVE February 5, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there 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. Applicant(s) Municipal File Number(s) ~ Mitarontondo 6128 · Rose 6130 Dadourian 6131 Reiger 6132 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, 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 January 18, 2008 Zoning Appeal No. 6130 Transmitted herewith is Zoning Appeals No. 6130 Donald & Janis Rose- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Project Description, Cover Sheet from Patricia C Moore, 2 Property Record Cards, Questionnaire, Transactional Disclosure Form, Authorization letter from Donald & Janis Rose to Patricia C. Moore to represent them in this matter, Notice of Disapproval, Reduced Survey, Building Diagram from Samuels & Steelman, ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/17/O8 ZBA # NAME ' CHECK # AMOUNT TC DAT/F~ STNIIR,' 61 30 Rose, Donald & Janis 1027 $600.00 J ''~ ;',' ~ ? 2008 TOTAL ;600.00 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/17/08 * * * RECEIPT * * * Receipt#: 8586 Transaction(s): 1 1 Application Fees Reference Subtotal 6130 $600.00 Check#: 1027 Total Paid: $600.00 Name: Rose, Donald & Janis 145 King Street Orient NY Clerk ID: CAROLH Internal ID: 6130 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southotd, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the 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~ MARCH 27, 2008: 12:15 P.M. DONALD and JANIS ROSE #6130. Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's January 7, 2008 amended Notice of Disapproval concerning the location of a new two-story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of Property: 145 King Street, Orient; CTM 1000-126-1-23. 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: March 14, 2008. 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 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 Southoid, 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 a week for 1__ week(s), successively, commencing on the 20t' day of March, 2008: Principal Clerk Sworn to before me this 11:15 A.M. JOANNE snd J'OI~ age). Location of ]Pi~pe~t2Y~ ~'~¢3 Kblg reasons that the new construction will ill excess of thc code maximum ]imda- ming pool situated in a side yard rather a second dwetling unit. citing S~k~LOn than the code required rear yard, at ~!1 121A. which orovision states: Such 3190 Haywaters Road, Cutchogue:C-FM noncon formin~ use of buildin ~s . may 111 tl.13 ~ continued indefinitely, except that 9:55 A M. PAUL and CHFRYL RA-such buildin~ or u~e ( A/ shall not lye en GUSA #6138. Request for Variances un- der Sections 28(M5 and 280-116, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning a proposed accessou swlntmiug pool and raised terrace structures at Jess than 100 feet from the top of the bluff, an~ aide yard legation for the swimming pool rather than a cod~.requkred yard,at 1 Hyatt Road, Southold; CTM 50-1~ 10tl0 AM. FRANK and ANTOI- NETT~ NOTARO ~6136 Request for a Variart~ under Section 2~ 15, based on the Building Inspector's January 22,2008 Notice of Disapproval concerning the 2008 preexisting residential use in a reslden- tial zone, apply [ag C..ode 5ectian 280 122. Nonconformina ~uildin~ with Con- tions to an existing single.family dwell concerning th* location of a new two- cng maintaining the existing front yard story accessory building at a height ex- setback, for the reason that the new ceedinglSfeettothetopoftheridge, af .... tmcti<~n will !q~ease the qegrec.of !er_r ~m~o~val ~o~ ?uildlng, and which new Office Location: Town Annex/First Floor, North 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 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road; P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 28~ 2008: 11:20 A.M. DONALD and JANIS ROSE #6130. Request for Variances under Sections 280-15B and 280-124, based on the Building Inspector's January 7, 2008 amended Notice of Disapproval concerning the location of a new two-story accessory building at a height exceeding 18 feet to the top of the ridge, after removal of a building, and which new building is proposed at less than five (5) feet from the property line and with a lot coverage which exceeds the code limitation of 20% (existing 27.43% lot coverage). Location of Property: 145 King Street, Orient; CTM 1000-126-1-23. 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 31,2008. 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 #8711 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) FEB 2 7 ~ BOARD OF APPEALS 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 a week for 1__ week(s), successively, commencing on the 21st day of February, 2008. Sworn to before me this ..... Principal Clerk 2008 The as-built add/tions and alterations without a buflding Permit prior to 1997 are not permitted, pfirsuant to the Code of the Town of $oulhold in place when NA VOLINSKI -V06105050 n Suffolk County Ires February 28. 2008 i_n floor area. Also, major additions and alterations had been dona increasing the mum of 100 feet from a major road and Buildinaq/Facilities 1.2 3. and 4 and oth- 4) Section 280-13A.4(D),which states The Board ol Appeals will hear all ZONING BOARD OF APPEALS GERARD E GOEHRINGER 54375 Main Road Office Location 5~095 Mare Roa~ IMaihng/USPS' ' mg Inspector' November 5 2007 Notice I0:00 A.M, GRi~G and KARMEN of r, on? yaxd ,?~a't~,:?~fo: ? ,w~ntmmg ter Cove Cutchogue CTM Mai?RPoad;.Matfimck) Map of Mattfluck 0-122 based on ZBA Code lnterpre- are Variances based an the Bufldillg Iff. ~lon #5029 (Walz Application ) and the spec~r's amended Notice of DlSapprov. TOWN OF SOUTHOLD OR~ER QWNER .~ PROPERTY RECORD CARD RES. J ACR. SUB. LOT SEAS. W VL. \RM COMM. CB. MISC. Mkt. Value TYPE OF BUILDING LAN D IMP. TOTAL DATE AGE NEW NORMAL FARM Tillable Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Total. M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio O.B. Total COLOR TRIM 3~ ~z 7?z-y 3 ~' z z ?~ 2 ) Foundation !~7~ >-" ~. ~rsement ]Ext. Walls Fire Place Type Roof Recreation Room Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. Ii M. BJdg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundation ~rSement Ext. Walls Fire Place Type Roof P~ec reation Room .. ,d~, .,, )ormer Driveway Bath Floors Interior Finish Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Don & Jan Rose 1000-26-1-23 ls the subject premises listed on the real estate market for sale? [2 Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? No 2) Am these areas shown on the map submitted with this application? N/A 3) ls the property bulkheaded between the wetlands area and the upland building area? 4) If your properly contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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 sn'uctures 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 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this pamel? 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 __residence and garage with attached shed__ and proposed use house & garage with work shop g : single-family; proposed: same with garage or pool, or other description.) ~Signature and Date 2/05; 1/07 ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DONALD & JANIS ROSE (Name of Applicant) CTM Parcel #126-1-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the~' I day of March, 2008, 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 ! ~,'T ~v day of March, 2008 / (l'~tary Public)MARGARET O. RUTKOWSK! Notary Public, State of New York No. 4982528 Qualified In Suffolk Courffy _, J Commission Expires June $, o~,C~,/; PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF $OUTHOLD: NEW YORK In the Matter of the Application of DONALD & JANIS ROSE AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-126-1-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the 18th day of March, 2008, I personally placed the Town's official Poster, with the date 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, March 27, 2008 Pa"trFcia C. Moore Sworn to before me this ~ day of March, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ......................................................... X In the Matter of the Application of DONALD & JANIS ROSE (Name of Applicant) CTM Parcel #126-1-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On theO day of February, 2008, 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. ~Eignature) (/) I TSY PERKINS ' Sworn to before me this / day of February, 2008 (' -(No~"ary Public) MARGARET C, RUTKOWS~ No~ Public, ~te of New York No, 4982528 Qualifl~ In ~olk Cou~ C mmi sio r PLEASE I st, on the~ac~ o~ ~ ..... a sheet of paper, the lot numbers ne~ to the owner names and addresses for which notices were mailed. Thank you. PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 or ~3Agent) Received By: (Please Print Clearly) D~te ot DelhteB' 4. Restricted Delivery? :l. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 0591 7192 6463 3110 0000 0591 1. Article Addressed To: ELEANOR M HARRIS PO BOX 144 ORIENT NY 11957 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 0614 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes I CERTIFIED 7192 6463 3110 0000 0614 t. Article Addressed To: · Article Addressed To: C. Date of Delivery THOMAS E. RETNECKE & MARIA R- REINECKE 42 LINDEMAN AVE. CLOSTER NJ 07634 4. Restrioted Delivery? 13. Service Type CERTIFIED (Extra Fee) [] Yes 2, Article Number 7192 6463 3110 0000 0621 CAROLINE GREER NOLAN REV. LIVING TRUST 914 WHITE STREET KEY WEST FL 33040 7192 6463 3110 0000 0607 1. Article Addressed To: PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 KEVIN C BROGAN & PATRICIA BROGAN 63 RISA COURT FLANDERS NY 11901 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 0317 1. Article Addressed To: CAROLINE GREER NOLAN REV. LIVING TRUST 914 WHITE STREET KEY WEST FL 33040 J4. Restricted I~eli~e~y? J 3~, S-ervice Type (Extre Fee) [] Yes CERTIFIED 2.At j r /cie Number J 7192 6463 3110 aaoa az~41 7192 6463 3110 0000 0294 t. Article Addressed To: PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. ?IOORE ESQ. 51.020 ?lAIN ROAD SOUTHOLD NY 11.971 KEVIN C BROGAN & PATRICIA BROGAN 63 RISA COURT FLANDERS NY 11901 I2' A"ic:1~:b:463 3110 0000 By: C. Date of Delivery 7192 6463 3110 0000 0331 1. Article A~dressed To: WM- DAVIS STEEPLE TRUST PO BOX 371 ORIENT NY 11957 4, Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number i; 'o m or- J i "' 7192 6463 3110 0000 0324 7192 6463 3110 0000 0324 1. Article Addressed To: ' LU 1:3 JEAN GAZARIAN & MARIE-LISE GAZARIAN 80-15 MAIN STREET, APT. JAMAICA NY 11435-1253 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DONALD & JANIS ROSE Regarding Posting of Sign Upon Applicant's Land Identified as 1000-126-1-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~//~)qCk~ ~fi~.c--IPq~-I'~, residing at Z,~Z~5 ~/~:~) ~[~c,l being duly sworn,aepose and say that: ~'O'~'~ L.~, /V")~ / ) ~'~ ~. // On theTM day of February, 2008, I personally placed the Town's official Poster, with the date 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 pla.~e for seven days prior to the date of the subject hearing date, which hearing date w~s shown ~-be Thursday, February 28, 2008 "'~,/' /'" ~ Sworn to before me this c:~.~ ~tay of February, 2008 :/No Pub , *near the entrance or driveway entrance of the property, as the area most visible to passersby. http://maps.google.com/maps?q= 145+King+ St,+Orient,+NY+ 11957,+USA&sa=X&oi=... 10/24/2007 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: Don & Jan Rose, Patricia C. Moore (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. 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. Either check the DESCRIPTION OF RELATIONSHIP Submitte~-~fl~y of k~---'ta,~,a~.., Signature:--- /,..~ t~a....-- ~_} Print Name: Don Ros~ Jan Rose ~ ~ ~ Patrlcm Kowalski, Linda From: Sent: To: Cc: Subject: Attachments: Patricia C. Moore [pcmoorel@optonline.net] Monday1 March 31, 2008 9:20 AM Kowalski, Linda Don Rose Rose- Orient My Website My Website Mr. Rose wanted me to forward to the Board his email to Nancy and me. As he stated at his hearing he is closing out the web site- Pat Moore Kowalski, Linda Page 1 of 1 From: Don Rose [don.mse@verizon.net] Sent: Sunday, March 30, 2008 10:03 AM To: Nancy Steelman; Patricia C. Moore Cc: Janis Rose; Janis Rose school Subject: My Website Pat, Nancy First, thanks for your help at the Zoning Board Hearing last Thursday, the 27th. Next, lest them be any doubt about my bowing out of the custom furniture business, I have modified my website, http://customfurnituml.com to make it clear I'm not seeking business. The domain name expires July 1, 2008, and I will simply let it, like an old soldier, fade away at that time. I had frankly forgotten about the website ever since I decided mom than 2 years ago that the business wasn't viable. Maybe you could forward this note to someone on the Zoning Board to buttress my contention that the use of the outbuilding is solely for hobbyist purposes. Regards, Don 3/31/2008 Donald Rose Jan Rose 248 Grand Avenue Rutherford NJ 07070 July 26, 2007 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Donald Rose & Janis Rose, as owners of property known as 145 King Street, Orient, New York (SCTM: 1000-26-01-23) hereby authorize you to appear on our behalf and make any and all applications on my behalf, to the Southold Town Zoning Board of Appeals and any other necessary agencies on our behalf regarding the above referenced property. ~NING 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 March/~, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, March 27, 2008 Hearing-Z./~ 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 March : Please send the i~nclosed 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 arran.qements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than March 12tn: 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 March 1~th: 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 your Affidavit of Posting prior to March 27, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ROSE, D. & J. #6130 MAP #: 26-1-23 APPEAL: Lot Cov. and Setback Variances REQUEST: New Dwelling after Demo DATE: THURSDAY, 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 Kowalski, Linda Page 1 of 1 From: Greer Nolan [greernolan@yahoo.com] Sent: Tuesday, February 19, 2008 9:26 PM To: pcmoorel@optonline.net Subject: 145 King Street, Orient, NY Greer Nolan, 914 White St. Key West, FL 33040 Dear Ms. Moore: Thank you for sending me a copy of the elevation and site plan for the proposed new building at 145 King Street. It appears that the building will be attractive and appropriate to the neighborhood. As the owner of 225 King Street, next door, I am happy to support this application. I will not be able to attend the heaing on this matter on February 28 but it if you have questions, please feel free to email me or call me at 305 294 5918. Yours truly, Greer Nolan Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. 2/25/2008 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: h~tlp://southtown.northfork.net January 29,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, February 28, 2008 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 11th: 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than February 12th: 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 20th: 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 your Affidavit of Postinq prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. · '~ ~ Town ofSoutho d - Boa~ RESQLUTION 2007-127 ADOPTED g of JanuaD'16,2007 Item # 45 DOC ID: 2544 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-127 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: WHEREAS there was presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size~ Height and SetbaCks for Accessory Buildings" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be giveo an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and it is therefore RESOLVED that this action is CONSISTENI' with the LWRP; and it is timber RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for AcCessory Buildings" reads as follows: LOCAL LAW NO. 2 of 2007 A Local Law eotitlcd "A Local I aw iii relation to the S'ze, Height and Selbacks for ,4ccessory Buildings" BE IT ENACTED by the TowR Board o[Ibe Town ¢ f Southold' as l~l}o\vs: I. Purpose- The purpose of this I.ocal law is to establish cleat' standmds governing the maximum height, size and setbacks fbr accessory buildings and ott~cr accessory structures, in order to further preserve the character t)f single-family neighborhoods, lhese changes will Generated January 22, 2007 Page 65 Toxvn of Southold - Letter Boardeeting of January 16, 2007 reduce the impact of accessory buildings on adjoining re{idences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. ' II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT OR MANSARD ROOF--Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and tc '~' ..... ~,~:~ ~,~, .............. a ,;a~ t~ ~,~.~ · ....... co and to the highest point of the ridge for slopin~ and other type roofs. SLOP1NG ROOF--Any roof that has a pitch equal to or greater than 3:12. § 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. $~:c~ Buildings with a flat or mansard roof shall not exceed ~ sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size Maximum Height Mini~num Setback-side and/or rear (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000-19,999 18 5 10,000-19,999 20 15 10,000-19,999 22 20 20,000-39,999 18 10 20,000-39,999 20 15 20,000-39.999 22 20 4_0~000 -59,999 22 15 60,00~79,999 22 20 ~0,000 and over 22 25 ~,~1~. ,^~=.a~.a7 17 'nnnby' ' ~"~' 1~, 'nnn'25 19x)-!by~ ' No. 2 199!] Generated January 22, 2007 Page 66 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) S0uthold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765,9064 January 17, 2008 USPS Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6130 Action Requested: Within 500 feet of: Rose Yard Setbacks and Lot Coverage Variances ( ) 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, Gerard P. Goehringer, Chairman By: Enclosures tONING BOARD OF APPEALS MAILING ADDRESS and FL"ACE 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 March/~, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, March 27, 2008 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 March : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providinq the returned letter to us as soon as possible; AND not later th~n March l~;ih: Please either mail or deliver to our office your Affidavit of Mailing (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 March 1~th: 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 your Affidavit of Postinq prior to March 27, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. SITE[ DATA, SCTM # 1000-26-01-23 RUTHERFORD, ~Y 07070 (631) 727 2090 LICENSED ~ 49668 DATED: DECEMBER 14, 2006 ~;~: JULY 2~, 2007 E PLAN I~IOf~K.~HOP i II ~'~,I' '~',~ II II -- ,' ," " II II II II II ~ , ,,~~ LANm~N " ~ ~ ~1~ ~ ~O~TION~ II II ~1 II II ~" , ~ ~~ ~ '" ,, ,," ~, ,,,_ EXI~TIN~ RO0~ EXI~TIN~ HOUSE SECOND FLOOR PLAN FIRST FLOOR PLAN SCALE: ~/4" = 1' ~" SCALE: t/4" 1' WEST ELEVATION SCALE: t/4" = 1' -0" HUN~ I~IIN~O~ (AN~E~ON, lNG.) ~ATC, H t~X. HOUSE) 4ENT lNG.)- PiHITE ~OLA-I~IHITE >,% --- ~ . :-I~IHI T"E J' II AE~HALT e (C,OLOR TO MA' EXPOSED ~AF' GLAD CAe (A~E~N, CEgAR ~IN~LE~ ~EPA~ ~OP ~OC ~O~AN ~OO~ ~1~O~ OUT~I~IIN~IN~ I~OOD ~Af~k~E DOOR (~HI ~ t~) SOUTH ELEVATION SCALE: 114" = 1' -0" A ELEVATION SCALE: I/4" [] 1' -O" NORTH ELEVATION SCALE: 114" = 1' ~" FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ )ATED 5_1 g I ~0~, NS SCALE: 114" = 1' - 0" SHEET TITLE: FLOOR PLANS & ELEVATION: