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Home My WebLink About6340 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~ ~ECEIVED '~' 3..5'?.. FINDINGS, DELIBERATIONS AND DETERMINATIONS. ~j~u MEETING OF FEBRUARY 18, 20t0 $o~l~o~d Town tJer~ ZBA FiLE #6340 NAME OF APPLICANT: Laurence & Liilian Simpson PROPERTY LOCATION: 125 Brigantine Dr., Southold CTM# 1000-71-02-18 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 October 6, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 21,463 square foot parcel with 150.00 feet of frontage along Brigantine Drive, 133.09 feet on the northern property line, 157.11 feet along the easterly property line which abuts a private road, and 146.88 feet along the southern line. This property is improved with a one-story frame dwelling and accessory garage as shown on survey prepared by Destin G. Graf, Land Surveyor, dated 12/02/04. BASIS OF APPLICATION: Request for a Variance from Code Section 280-124, based on an application for a building permit and the Building Inspector's August 11, 2009 Notice of Disapproval concerning a proposed addition and alterations to a single family dwelling, at less than the code-required minimum rear yard setback of 50 feet, at 125 Brigantine Drive, Southold; CTM 1000-71-2-18. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. RELIEF REQUESTED: The applicant proposes a 12' by 21'- 4" addition with a rear yard setback of 39'- 8" from the easterly property line. The proposed addition is a one story screened room adjoining the existing dwelling's family room as shown on the site plan page 4 designed by Nancy Dwyer, Design Consulting, Inc., dated 7/20/09. ADDITIONAL INFORMATION: Research of Town records (deeds) indicates no evidence that the subject property has access rights to the abutting private road easement, which access rights would, by Code definition, determine this easterly property line as another front yard requiring a 40 foot setback Page 2- February 18, 2010 ZBA File#6340 Simpson CTM: 1000-71~2~18 at 125 Brigantine Dr., Southold and subsequently a lesser variance than a rear lot line requiring a 50 foot setback. Upon review of the prior ZBA Appeal #5703 of this property and its Notice of Disapproval, this easterly property line may have been determined as a second front lot line under that Appeal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 21, 2010, 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 and makes the following findings: 1. Town Law §267-biS)Cb)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The rear yard perimeter of this parcel is planted with mature trees and vegetation, which should diminish any visual impact the proposed one-story screened porch addition, may have to the adjoining property owners. The proposed one-story addition would not be noticeable from the front of the house along Brigantine Drive. 2. Town Law 6267-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. There are no other locations on this parcel where this modest 256 square foot proposed addition adjoining the existing dwelling's family room would not require an area variance. 3. Town Law §267-b{3)(b)(3), The requested variance of 10.33 feet or 21% is substantial with respect to the 50 foot rear yard setback requirement. 4. 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. 5. Town Law ~267-b(3)(b)(5}. The difficulty has been se/f-created insofar as it is the desire of the applicant to propose an addition in a location requiring a variance. 6. Town Law §267-b. Granting of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a one-story screen enclosed deck addition adjoining the existing dwelling's family room, 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the Drawings prepared by Nancy Dwyer entitled Proposed Porch Addition, Simpson Residence, Pages 1 and 2 dated 7/15/2009 and Page 4 (site plan), dated 7/20/2009, and with the following condition: 1. Within three months of the filing of this decision the applicant or his agent must file with the Zoning Board of Appeals office an updated survey by a licensed surveyor showing all proposed structures and setbacks. Page 3- February 18, 2010 ZBA File#6340 - Simpson CTM: 1000-71-2-18 at 125 Brigantine Dr., Southold 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 Weisman (Chairperson), Dinizio,, Goehringer, Schneider. (Absent was: Member Hornj~jO., This Resolut~n was duly adopted (4 -0). Leslie Kanes Weisman, Chairperson Approved for filing: Z/~,/2010 RECEIVED 3',5 $ ~ old Iowa Clorli Office Location: Town Annex/First Floor, Capital One 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 Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION$outhold Town Cler~ MEETING OF FEBRUARY 25, 2010 ZBA FILE #6340 AMENDED NAME OF APPLICANT: Laurence & Lillian Simpson PROPERTY LOCATION: 125 Brigantine Dr., Southold CTM# 1000-71-02-18 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 fudher 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 October 6, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 21,463 square foot parcel with 150.00 feet of frontage along Brigantine Drive, 133.09 feet on the northern property line, 157.11 feet along the easterly property line which abuts a private road, and 146.88 feet along the southern line. This property is improved with a one-story frame dwelling and accessory garage as shown on survey prepared by Destin G. Graf, Land Surveyor, dated 12/02/04. BASIS OF APPLICATION: Request for a Variance from Code Section 280-124, based on an application for a building permit and the Building Inspector's August 11, 2009 Notice of Disapproval concerning a proposed addition and alterations to a single family dwelling, at less than the code-required minimum rear yard setback of 50 feet, at 125 Brigantine Drive, Southold; CTM 1000-71-2-18. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. RELIEF REQUESTED: The applicant proposes a 12' by 21'- 4" addition with a rear yard setback of 39'- 8" from the easterly property line. The proposed addition is a one story screened room adjoining the existing dwelling's family room as shown on the site plan page 4 designed by Nancy Dwyer, Design Consulting, inc., dated 7/20/09. ADDITIONAL INFORMATION: On February 19, 2010, the Board of Appeals received from the applicant's agent, a survey prepared by Destin Graf, P.L.S., PC, as requested by the Board in its decision of Feb. 18, 2010. This survey showed the rear yard setback from the easterly property line to Page 2- February 25, 2010 ZBA File#6340 - Simpson CTM: 1000-71-2-18 at 125 Brigantine Dr., Southold the proposed rear screen porch addition at 38 feet. This setback is inconsistent with the setback of 39'8" proposed in the site plan by Nancy Dwyer dated 7/20/2009. The Board finds that this error on the site plan is not significant enough to warrant a re-opening of the Public Hearing on this application or requiring the applicant to begin the appeals process anew. An Amended Decision granting a 38 foot rear yard setback will create a 24% variance from the code, rather than a 21% variance as granted in the original decision of Feb. 18, 2010. Research of Town records (deeds) indicates no evidence that the subject property has access rights to the abutting private road easement, which access rights would, by Code definition, determine this easterly property line as another front yard requiring a 40 foot setback and subsequently a lesser variance than a rear lot line requiring a 50 foot setback. Upon review of the prior ZBA Appeal #5703 of this property and its Notice of Disapproval, this easterly property line may have been determined as a second front lot line under that Appeal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 21, 2010, 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 and makes the following findings: 1. Town Law ~267-b(3)(b)(t). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The rear yard perimeter of this parcel is planted with mature trees and vegetation, which should diminish any visual impact the proposed one-story screened porch addition, may have to the adjoining property owners. The proposed one-story addition would not be noticeable from the front of the house along Brigantine Drive. 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. There are no other locations on this parcel where this modest 256 square foot proposed addition adjoining the existing dwelling's family room would not require an area variance. 3. Town Law §267-b(3}(b)(3). The requested variance of 10.33 feet or 21% is substantial with respect to the 50 foot rear yard setback requirement. 4, 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. 5. Town Law §267-b(3)(b)¢5). The difficulty has been se/f-created insofar as it is the desire of the applicant to propose an addition in a location requiring a variance. $. Town Law §267-b. Granting of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a one-story screen enclosed deck addition adjoining the existing dwelling's family room, 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 Schneider, seconded by Member Goehringer, and duly carried, to Page 3- February 25, 2010 ZBA File#6340 - Simpson CTM: 1000-71-2-18 at 125 Brigantine Dr., Southo[d GRANT the variance as applied for, and shown on the Drawings prepared by Nancy Dwyer entitled Proposed Porch Addition, Simpson Residence, Pages 1 and 2 dated 7/15/2009 and the survey prepared by Destin Graf, P.L.S, PC, dated 2/14/2010. 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 Weisman (Chairperson), Goehringer, Horning and Schneider. Leslie Kanes~Weisman, Che, ifperson Approved for filing: ~ / ,,N ~' /2010 RECEIVED TAX I.D. No. 1000-71-02-18 JOB No. 04-3,3 J SURVEY PURPOSE: BLDG PERMIT - ADDITION CERTIFIED ONLY TO: LAURENCE SIMPSON DESTIN GRAF P.LS., PC. P.O. BOX 704 ROCKY POINT, NEW YORK 11778 PHONE [631]-82~-3442 FILE MAP No. 4362 - JUNE 8, 1965 SURVEY OF: LOT 31 MAP OF HARBOR LIGHTS ESTATES SECTION 1 BAYVIEW, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY DALE: 02/14/2010 SCALEi 1"=30' BY Destin C. Graf N,Y. SLote License No. 50067 51MPSON RESIDENCE ~ - ~i~:~ ~ ~ ~ ~1~o Z PR OPOSED ELEVATION FINAL MAP ~,~: ~,,= ,,.o,, REVIEWED BY ZBA , ~%~ N[W CONSTRUCTIOH ',' t. 4 .~,~ ~ ~ ~ BSTRUCTION ~~111~11~11~11 ~ ~ I~ .... ~ ~;~ ~ ~.~. ...... ~ z~d- II1~11~11~11 -- ~ / : ~zzd~ ~IGHT 51DE ELEVATION ~ / ............ k BUILDING SECTION "A" / J FINAL MAP R~IEWED BY SEE DECISION DATED I FORM NO. 3 NOTICE OF DISAPPROVAL SEp 1 4 2oo DATE: August 11, 2009 TO: Laurence S & Lillian Simpson 125 Brigantine Dr Southold, NY 11971 Please take notice that your application dated July 23, 2009: For permit to construct addition and alterations to a single family dwelling at: Location of property: 125 Brigantine Dr., Southold, NY County Tax Map No. 1000 - Section 7~1 Block 2 Lot 1~8 ls returned herewith and disapproved on the lbllowing grounds: The proposed addition and alteration to this existing single family dwelling, on a non- conforming 21,463 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, (non-contbrming lots), lots measuring 20,000 to 39,999 square feet in total size, require a minimum rear yard setback of 50 feet. The proposed addition is shown at 39.8 +/- feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING October 6, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers MyerS, Kelly (c/o Peconic Permit Expediting) Lieblein, William Penny, William A. III Highland House FI LLC Scarola, Frank Scarola, Frank Simpson, Laurence & Lillian Fabb, William J. (TFLC Inc.) Nardone, Mark M. & Elizabeth 6330 6333 6336 6337 6338 6339 6340 634.1 6342 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.4044 For Office Use Only Date Assigned/Assignment No. '~O $~ ~ ~( 200~ Fee: $ Office Note~: HouseNo. ]~5~ Street ~r~aK~L~ 04, SCTM ooo Sec.on '71Block & Lot(s) Ig ltamiet LotSize. ¢~e~Zone .~/'0 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~/IJ/~ BASED ON MAP DATED ~/~0/0 ~ npplicant(s)/Owner(s): LOLt('EVx0-Q. ~ .~L /...i ]~'lOF'~ 5i tn~.O.30 Telephone: 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: ~f~O~/~ ~){A),l~e(' for (~X') Owner, or ( ) Other: Agent's Address: ~. ~. f~(.O/L ~ ~ ~. Telephone ~]~9~- - ~9(07 Fax#: 71~E' Email: ~Qos~_~dlM~ff_J~sd/~o~51 Please chec~ box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~gAuthorized Representative, or [] Other Name/Address below: AN APPLICATION DATED '~/'~'~l~{~ FOR: '~'1' - ~Buliding Pern~[ [] Certificate of Occupancy O Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~Section 280- ! ~,~ Subsection Type of Appeal. An Appeal is made for: ~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. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A p ~J~or~ a~p_peal [] has ,~l~has not been made at any time with resnect to this nronertv. UNDER Appeal No yx~ear _~ O0 ~ /. (Please be sure to research before completing this question or call our office for assistanea) Name of Owner: Zl~File # REASONS FOR APPEAL t.-.t.t;~onM sheets maF be used with preoarer's signature): AP~4 VARL4NCE RE`4SONS: RECE'IVED BOARD OF APPEALs (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because:-~q) % C'~ s ( ) The oenefit sought by the applicant C~NOT be achiev~ by some meth~ feasible for the applicant to pu~ue, other than an ar~ va,an~, b~anse: ~.~ (3) The amount of renal reqa=ted i~ .or substantial because: ~ (4) The vat.nee will NOT have an odve~e eff~t or ~pact on the physical or en~ronmental conditions in the neighborhood or dbtrict b~ause: ~ j& ~ m~ ~d~ (5) Has the alleged difficulty been self-created? ( )Yes, or )~No. / ArethereCovenantsandRestrictionsconcerningthisland: ~](No. [~ ¥es ft, lease furnish copF)' 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 .4 USE VARI.4NCE IS BEING REQUESTED, .4ND PLEASE COMPLETE THE Signature of Ap~eHan~/orJA'uthoriz~d Agent Sworn to before me this (Agent must submit/~vrRten AttaforJzation from Owner) No'fy Public - PATRICIA RICV, AkZ~; Not~ry Public, State of New Yor~; No. 01 RI6042467 Qualified in SuffoLk County Commission Expires Uay 30,~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~i }ha ~ ~ V',~._ Date Prepared: 2005 or npp t. I. For Demolition of Existing Building Areas Please describe areas being removed: ~X.)/dSC II. New Construction Areas (New Dwelling or New Addm"-s/Extensions): Dimensions of first floor extension: '~ I ' ~ ~/ ~ '/~. I n,~'P * Dimensions of new second floor: I'.-~//A- Dimensions of floor above second level: /',3/~ . Height (fi.om finished ground to top of ridge): I '5' - [O" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N) L~ III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessery) - Please describe building areas: Number of Floom and General Characteristics BEFORE Alterations: ~1~ ~-hgT~ Number of Floors and Chan~es wrrH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: c.~'~O Proposed increase of building coverage: ,~/~ $~; Square footage of your lot: o7/~ ~,/~3 ,--~..}t./.. Percentage of coverage of your lot by building a~a: /7' V. Purpose of New Construction: ~' gl0~[0Se~o~ 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): 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 QUESTIONNAIRE FOR FII ,lNG Wf~H YOUR Z.B.A. APPLICATION ~'O'~O OF appE41.~ . Is the subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? ~fNo [] Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? ~ O 2) Are these areas shown on the map submitted with this application? ~,J/ 3) Is the prope~ bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you ~ontacted the office of the .Tow~ Trustees for its determination of jurisdiction? ~3[ ,/¥' Please confn-m status of your mqmry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? I'3 [~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~ O (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? kJ O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel Si ~(~lo ~i k4 (~i0~ ~0~o~_ and proposed use ~;~ ~ ~ ~x r]~ [ ~ ~oo~ ~mpl~/exi~ing: ~-(~1~ pro~s~: same wi~gamgeor~l, orJ~erdes~pfion.) ~o~ A ~oh~d ~d Date ~ ~05; 1/07 D P l 4 200 BOA:'~D OF ApPEAi~. 61Z21 .Zlppendix C State Environmental Quallty Review SHORT ENVIRONMENT.4~ .~$ESSMENT FORM For U1VZISTED ACTIONS Only PART I - Project ~xfformation (To be complete by Applicaat or Project spomor) 1. Applicant / Sponsor 2. Project Name ' : ' County 4. Precise location (S~reet address and road intemectJons, prominent landmarks, etc. or provide map) 5. Is proposed action: ) NEW ~7~EXPANSION ( ) MODIFICATION / ALTERATION Descdbe project bdefly: 7. Amount of land affected: acres; Ultimately: acres 8. Wilt proposed action comply wffh e.fisUng or other existing land use restrictions ~YES ~NO If No, descdbe bdefly: .] 9. Whet Is present land use in vicinity of project: (describe): Residential ( ) thdustda[ ( ) Commercial ( ) Agricultural ( ) Park/Foresl/Open Space ( ) Other 10. Does action involve [ --~'~ t ) NO a permit approval or ~ndlng, now or ultimately from any other Governmental agency,(Federah S a e or Local) If Yes, tist agency(s) and para, it/approvals: 11 Does any aspect of the ac~on have a currrmfly valid perm or approval? 12. As a result of proposed action, will existing permit/approval requ re modification? [~ ) Y~'~' (~ NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge with this assessment TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts ofi-,~ .......... ann employees The ntlrno~e ~£,~hi~ c . ~ ,. . ,~.,;~c~t on me part Ollow~kg. fficers .., - , . -. .......... ~ mrm is ro provme information, which can alert the possmle conflicts of interest and allow it to take whatever action is necessary to avoid same (~ initial, unless you are applying ill the name of Someone else other entity, such as a company, If so, indicate the other person or company name,) NATUI~E OF APPLICATION: (Check all that apply) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance ruer name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have relationship with any officer or employee of the Tovun of Southold? "RC~cludes~b~b blood,~man-ia ~ iuterest. - "Business interest means a business includin ~ the Tova! officer~has even~aa p~artial Ownersbi of ~ ')~4 c~)oration in which the Town officer or emplo~xee owns mor ~ _. - ..............e than 5% of Ahe YES .... NO_ "~ I./'you ans}~ered "YES'; complete the balance of this form arid date a~td sight ~'here indicated. Name ofpetsou employed by thc Town of Soulhold: Title or position oft}mt person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee, Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or 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 corporati6n); B) the legal or beneficial owner ofauy interest in a non-coq~orate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant, DESCRIPTION OF tLF;LATIONS}IIP Pnnt Name AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~JO~D Op APPF. Ai.~ WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk Coun~ Department of Planning in accordance with Sections 239- m and 239-n of the General Munic~oal Law. 1) Name of Applicant: ,~0~0~ [)~OAf 2)Add~sofApplicant: ~(J ~_ (0~ ~$t)O~,~iC~, 3)NameofLandOwner(ifotherthanapplic, ant): L.o0(tq//10~. 5'4- /~'/li_mvq S)~:z.~t~n 4) Address ofLand Owner: I~-~ (2)~tci~VanL/l,~-o.~ iD&. _qOcra%t~t~J ' 5)DescriptionofProposedProject: O~v3. .x~. ~c~4F o~ p. ~// J ~14~ ! 0 ~-.a c,0- ~()v"(4.-% 6) Location ofProperty (road and tax map numbor):l~ ~ IBrlylq4-(~,o~ ~ )00~ --/l' ~ -18' 7) Is the parcel within an agricultural district? ~No [] Yes If yes, Agricultural District Number 8) ls this parcel actively farmed?'~'No f-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if mom than six property owners are identified.) The lot numbers r~y be obtained, in advance, when requested from either the Office of the Planning Board at 765-}~thg~fing B~r.d~of Appeals at 765-1809. Signatt O~/~plicant (J '- Date Note: 1. Thc local board wild solicit comments from the owners of land identified above in order to consider the effect of thc proposed action on their farm operation. Solicitation will be made by Sul~lying a copy of this statement. 2. Comments mturocd to thc local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicent and/or the clerk of the board to tbe property owners identified above. The cost for mailing shall be paid by the applicant at thc time the application is submitted for review. Failure to pay at such lime means thc application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold Ao INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfzont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial perrnits not located within the Coastal Erosion Hctzard /lrea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town): If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be eYplalned in detail~ listing both sunoorting and non- supl~ortin~ facts. 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~ -7l '~ _. The Application has been submitted to (check appropriate response): Tow. Board ~ Plann'-g Board [-q .n"d'-g Dep[ ~ ~o~rd 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: Location of action: Site acreage: Present land use: Present zoning classification: ~a OF A~F. ALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No ~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 , Attach additional sheets if necessary 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 N No [~ Not Applicable Attach additional sheets ifne~cessary ~r r' ~ ~ ~. _ ' ~ uU~ Policy 3. Enhance visual quality and protect scenic resources throughout the T ~fO~o~ul~qSee LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes ~-~ NO [-~ Not Aoplicable Attach additkmal sheets ifnccessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Po [] otApplicabie ..~.~ ~¢m~ ?, ~}ouc (~)~,/c~ '~m ,S~-~-~I/.~, ~-t-co_' · O Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No~ Not Applicable A~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. eYes [] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ® 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 LW~,P Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [] No [] Not Applicable Attach additional sheets if nece.ssary WORKING COAST POLICIES Policy 10. Protect Southold's w~-dependent uses and promote suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~-~ No ? Not Applicable sitin~l~f new water-dependent uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section/II - Policies; Pages 57 through 62 for evaluation criteria. ~-~Yes [] No~'~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Attach addition~al sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes [] No [] Not Applicable PREPARED By ~~- DATE Amended on 8/1/05 TITLE September 5, 2009 To Whom It May Concern: Nancy Dwyer has my permission to act as my agent in affairs related to obtaining a variance and building permit for my home at 125 Brigantine Drive, Southold NY 11971. If any additional information is needed, please feel free to contact me at the above address. Respectfully yours, L~urence Simpson 2009 51M?50N 51TE ?LAI To Whom It May Concern: September 5, 2009 Nancy Dwyer has my permission to act as my agent in affairs related to obtaining a variance and building permit for my home at 125 Brigantine Drive, Southold NY 11971. If any additional information is needed, please feel free to contact me at the above address. Respectfully yours, // L(~urence Simps& ~' ''~ TOWN OF SOUTHOLD PROPERTY RECORD CARD . OWNER STREET / ~' VILLAGE DIST ,SUB. LOT ~.~ FO~ER OWN~, ~ I N 0 E ACR BUlLDI,NG RES.~ ~ S~S. .VL. FARM . ] CO~ · ~ND : I.M~, TO~AL DATE REd'KS ~GE BUILDING CONDITION N ~ NORMAL BELOW ABOVE FA~ A~r~ Valu~ P~r Valu~ Acre Tillable FRONTAGE ON WATER .: W~land, FRONTAGE ON ROAD /~ M~d~d DEPTH / Hou~ PI~ ~ BU KH~D ,j. Total DOCK TRIM 71.-2=18 1/08 Me Extem Extension Extension Porch, Garage Patio ' Total: Foundation Basement Ext. Walls J. ,;~. ~,~ ~ Fire Place int'erio;j Fi'~lsh Heat /y ~ ~./ Rooms 1st 'Floo~" Roor~s'2nd F oar Reareatio~ Roor~ Dormer Driveway 1000 0~1.00 Elock 02;00 018.000 THI~ INDENTUBI~'e made thc 2nd day of Decembe~ , ~inctccn hund~d and nt~ek~ Cwo BETWEEN ; Souchold, ~ew York ~1971 ,ar~ofthefl~tpa~.and Theodore R. Simpson residiug at 117-13 Indies RLdge Road Re,ton, Virginia 22091 Laurence S. Simpson residin8 at James R. Si 305 East 24th Street New York, H.Y. 10010 I DEC 28' ;~" ~ TRANSFER TAX :~: SUF[OLK COUNTY 0 ~- . .~' Polla{'~'i and other v~uable dollan. lawful money o£ the Uni~d States, paid by the party o[ the ~cond part, ~, hereby grant and ~lea~ unto the Par~ of the second part, the hei~ or at~.lyingaodbeio§ i, theTo~n of $outhold. County of Suffolk and State of Ne~ York. Kno~a and designated as Lot#51, as ,holm on a certain ~ap entitled '~ap of Harbor Lights Estates, Section One, Bayvtew, Toys of Southld. Suffolk County, ~ade by Otto ~. Van Tuyl & Son, Licensed Land Surveyors, ~reenport, H.U. and filed ia the Office of the Clerk of the County cf Suffolk, on June, 1965 as ~ap#4362. ~osethe£ vith the right to use, in co,on with others, the Beach Lot and parking area ad, scent thereto, as set forth in the Ueclarations of Conenants and Hestrictions heretofore filed herein. Together with an easemen~ over the streets as .holm on said ~ap to the nearest public highway, but excepting and rese~ing the fee to the said street, the title to which is not hereby conveyed. SUBJECT to and together with rights set forth in covenants, easements and SUI~JECT TO a life estate hereby reserved by the grantors Theodore R. Simpson and .Lillian H. Simpson for the~elves for their life's use and occupancy. by deed date 8-2-65 recorded 8-4-65 tn Libe~ 5793 cp 454. 1000 071.00 02.00 THIS INDENTURE, made thc /~day of May , nineveh hundred and nine fy-seven BETWEEN THEODORE R. SIMPSON, residing at 11713 Indian Ridge Road, Reston, Virginia 22091 JAHES R. SIMPSON, residing at 46 Sachem Drive, Mastic, New York 11950, and LAURENCE 5. SIMPSON, residing at 305 East 241h gtreet, Apt. 19G, New York, NY 10010, pasty of the first part, and LAURENCE 8. SIMPSON and LILLIAN SIMPSON, his wife, both residing at party of thc second pan, I -- ' WITNESSETH, that th~ pany of thc first part, in consideration of Tcn Dollars and other valuable consideration paid by the pray of the second p~, does hereby pant and release unto the pray o f the s~ond pm, the hairs or suc~asors and assigns of the party of the second p~ fortver, ALL that ~ plot, pic~ or parcel of land, with the baildings and hnprovemen~ thereon crectnd, simata, lying and boinginthc Town of Southold, County of Suffolk and State of Hew York, known and desiEnated as Lot No. 31, as sho~ on a certain map entitled "~ap of Harbor Lights Estates, Section One, Bayview, Town of gouthold, Suffolk County, N.Y." made by Otto W. Van Tuyl & Son,' Licensed Land Surveyors, Greenport, N.Y. and filed in the Office of the Clerk of the County of Suffolk, on June, 1965 as Map No. 4362. TOGETHER with the right to use, in common with others, the Beach Lot and parking area adjacent thereto, as set forth in the Declarations of Covenanas and Restrictions heretofore filed herein. TOGETHER with an easement over the streets as show~ on said map to the nearest public highway, but excepting and reserving the fee to the said street, the title to which is not hereby conveyed. SUBJECT TO and TOGETHER WITH rights set forth in covenants, easements and restrictions of record. BEING A~D INTENDED TO Be that share of the premises conveyed to tile grantors herein by Deed dated 12/2/92 in Llber 11596 page 409. TOGETHER wifl{ all fight, title nnd intarest, if nny, of the pn~, of the f~st pan of, m nnd to ~ny st~ets usd roads abutting the above-descr/bed premises to the center lines ~hereof; TOGETHER with the appunonnnc~s and all th: eslme m~d fights of the party of th~ f~t p~n ai nnd to said premises; TO HAVE AND TO HOLD thc premises herren granted unto thc par~ of Lhc second part, the hair~ or successms and assigns of the party of the s~ond par[ forever. AND thc party of the first part covenants that thc party of thc first part has not done or suffered anything whercgy thc said premises have bc~n incumbered in any way whatever, except as aforesaid. AND tlz party of th~ fast part, in campliarux: with S~clion 13 of the Lion Law, coveaants that the patty of the first p art will r~':mv¢ the considomtion for this conv~anc~ and will hold the fight to receive such consideration as a trust fond to b~ applied first for the pu~ose of paying the cost of the improvement and will apply the sb. me first to the paymont of th~ cost of the improvammt beforo using any pan of the total of the same for any other purpose, The word "party" shall be construed as if it rem "panics' whenever the sense of ~his indentur~ ~o re. quires. I~ ,~s~c, o,.IN WITNESS WHEREOF, the pray of the f~t pa~ has duly e×? ff. =~f d~:~./~/,~,.__ edthis d~.the ay ,and year first above w~Hon. RECORDED ,. $ ...... 35~ N.mL, cr of m~s ~ ~ R~L ESTATE 97 JUN 13 s~rial ~ ! ~'RANSr:? "AX vLt[ COUf¢Ty 4 [ FEES ~gc / Filing Fcc ~. M~gage Am~ }~ D~ To~ Dml C~nt~ Reg. Copy ~C: will bc improvcd by a one or two family Sub 1'omi dwelling only, ~ ~ '~ If NO, k 947' Bdson and Bruer P~c~R&R 7 (ADDRESS) ~ Suffolk County Recording & Endorsement Page In fl~e VILLAGE RllCOROED ~ ~ . ..... ~.. .. . 1~ the OLIIc. o{ ti,~ Clerk of the Coun~ of Suffolk. on June..19~5 as SUBJECT 10 a ~lfe eaLat~ h~rcbv :es~rved by the Rrantors Theodore R, Stepson by deed date 8-2-65 recorded 8-4-65 in Liber ~793 cp &Sa. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon SEP 1 4 2009 BOARD OF APPEALS http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hail 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED dUL 7 2OO5 FINDINGS, DELIBE RATIONS AND DETERMINATION..~_ . _..~.~ ..,., . MEETING OF JUNE 9, 2005 ZB Ref. 5703 - LAURENCE and LILLIAN SIMPSON Property Location: 125 Brigantine Drive, Southold; CTM 71-2-18. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the propmty under cons~leration in this application and determines that this review fails under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 21,463 sq. ft. parcel has 150 feet along Brigantine Drive, and is improved with an existing one-story frame dwelling and accessory garage as shown on the 12/02/2004 survey prepared by Destin G. Graf. BASIS OF APPLICATION: Building Department's March 28, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed addition. The raason stated for disapproving the application is that the addition will be less than 40 feet from the code-required front yard line. FINDINGS OF FACT The Zoning Board of Appaas held a public headng on this application on June 2, 2005 at which time written and oral ~avidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ~ AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new 10' x 26' one0story addition at 34.2 feet from the front yard line, as shown on the site plan prepared 3/13/2005, amended 3~29~2005 by G. Strang. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's survey confirms the existing one- story home is conforming with a setback 44 feet from the front yard line at its closest point. Without a variance, only a 4 ft. extension would be allowed. The purpose of the addition is to increase the floor area of the living room which is located at the front of the house, and to use the home for year- round family occupancy. *~P~ge 2- J~ne 9, 2005 · ' ' ZB Ref. 5703 - Laurence & Lillian ~'-mpson CTM ID: 71-2-18 SEP 1 2009. BOARD OF APPEALS 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The living room is existing at the front of the house, and the amount of relief requested is to extend the living room six feet beyond the code required 40 feet, for a 34.2 ft. setback extending 26 ff. in length, for a total of 156 sq. ft. 3. The variance granted is minimal allowing a 5'10" reduction from the code required 40 feet from the front lot line. 4. The difficulty has been serf-created in that the circumstances of the property related to the size of the property and Iqcafion of the home was existing at the time of acquiring the property. 5. 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. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OI~ 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 Orlando, seconded by Chairwoman Oliva; and duly carried, to GRANT the variance as applied for, shown on the site plan prepared 3/1312005, amended 3/29/2005~ and north and west elevation diagrams, prepared by (3. Strang, SUBJECT TO THE FOLLOWING CONDITION: That the new addition shall be one-story construction (as requested in this application). This action does riot 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, and Dinizio. (Member Simon was absent:) This Resolution)~s duly adopted (4-0). Ruth D. Oliva, Chairwoman 7/~,/05 Approved for Filing 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 September 15, 2009 Zoning Appeal No. 6340 Transmitted herewith is Zoning Appeals No. 6340 of Nancy Dwyer for Laurence & Lillian Simpson- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated August 11, 2009, Authorization Letter from Laurence Simpson to Nancy Dwyer to Represent them in this Matter, Copy of Findings, Deliberations and Determination from Board of Appeals Dated June 9, 2005, Copy of Property Record Card, 3 Pages of Photos with map, Plans for Proposed Addition Dated July 15, 2009 Prepared by Nancy Dwyer, Design Consulting, Inc., Copy of Site Plan Showing Existing & Proposed Construction Dated July 20, 2009 Prepared by Nancy Dwyer, 4 Pages of Drawings showing Elevations, Footing & Framing, Specifications & Site Plan Dated July 15, 2009 Prepared by Nancy Dwyer, Design Consulting. 'Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/15/09 * * * RECEIPT * * * Receipt'8: 59301 Transaction(s): 1 1 Application Fees Reference Subtotal 6340 $400,00 Check#: 6054 Total Paid: $400.00 Name: Jason, Leonard Po Box 1528 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6340 JOE No. 04-33 TAX I.D. No. 1000-71-02-18 0 ~IRM No. 36103c0167 G FLOOD ZONE X FILE MAP NO. 4362 06~08~65 Unauthonzed alteration or addition to this document is a violation of Section 7.09 of the New York State Education Law Cerlifcations indicated hereon shall run only to the person for whom it is prepared and on his behalf to the Title Company,Governmental Agency and Lending institutions listed hereon Codifications are not transferable to addflonal InStltubens Copies of this dOcument not bearing the professional's inked seal or embossed seal shall not be considered a valid true copy The offsets [ Or dimensions ] shown hereon from structures to the properly lines are for a Specific purpose and use and therefore are not intended to guide the erection of fences, retaining wails, pools, patios, planting areas, addition to buildings, or any other The existence of right of ways and/or easements of record, if any, not shown are SURVEY OF: LOT 31 MAP OF HARBOR LIGHTS ESTATES SECTION 1 BAYVIEW, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY DATE: 12102104 SCALE: 1"--30' DESTIN G. GRAF LAND SURVEYOR 73 Woodlawn Road Rocky Point, New York, 11778 516-821-3442 By DESTIN G. GRAF NYS LIC NO, 5006,7 CERTIFIED ONLY TO: LAURENCE SIMPSON Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OE SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY, JANUARY 21~ 2010: 9:50 A.M. LAURENCE S. & LILLIAN SIMPSON #6340. Request for a Variance from Code Section 280.124, based on an application for a building permit and the Building Inspector's August 11, 2009 Notice of Disapproval concerning a proposed addition and alterations to a single family dwelling, at less than the code-required minimum rear yard setback of 50 feet, at 125 Brigantine Drive, Southold; CTM 71-2-18. Zone District R.40. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765.1809, or by email: Vicki.Toth~Town.Southold.ny.us. Dated: December 14, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold wcbsite: ht~://southtown.northfork.nct December 21, 2009 Re: Town Code ChaPter 55 - Public Notices for Thursday, January 21, 2010 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 January 7th: 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 mailin.q 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 durin,q the hearin.q, providin,q the returned letter to us as soon as possible; AND not later than January 8th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 than January 13st: 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 January t9, 20t0. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http ://southoldtown.northfotk.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPHONE NUMBER= 765-1809(press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] ............... NOTES/COMMENTS; Please find attached copy/copies of the following: ~i: ~3 ~o -/- ~,/ Th~v~k you, Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- '7[ °'30 - /o~ X 60ARD OY AppEALS AFFIDAVIT OF MAILINGS couNTY OF SUFFOLK) STATE OF NEW YORK) I, ~_~¢Un~/~ ~-~"~6¢ residingat ~ ~'~ ~ ~ , New Yor~ being duly swom, depose and say that: ¢ On the ¢¢ .~ ,2~4 I p~sonally mailed at the United States Po~t O~ in~d~ ~ ~ , New York, by CERTIFIED MALE, RETURN RECEIPT REQUESTED, a tree copy of the arrayed L~al Notice ia prepaid envelopes address~ to ~t owners shown on ~e ~ent assessment tell verifi~ Eom the o~cial re~rds on file with ~e~Asse~sors,'~ ( ) County Real Properly O~ce' , for eve~ .prope~ which abutS and is a~oss a public or pdvate street, or vehicular dght~f- Sworn to before me this day 200 (Notary Public) .~,~NiL D. ~SUNL;h Public.State of New Yor~ No. 0tBUCt850§0 Clualified in Suffotk County .~, ~r,~ission E×pires April t4.20~ ~ · PLEASE list, on the back of this Affidavit or on a sheet of paper, the 10t numbers next to the owner names and addresses for 'which notices were mailed. Thank you. rn r'- cO ['" Certified Fee Re u n Receipt Fee (Endorsement Required Res c ed Delivery Fee (Endorsement Requ red) rtJ cO To~l Postage & Fees cO Postage Certified Fee [~ Return Receipt Fee [~ (EndorSement Required) r-'l Restricted Delivery Fee (Endorsement Required) cO Total Postage & Fees E~3 orPOBoxNo. $5.54 SOUTHOLDMPO SOUTHOLD, New York 119711000 3548330971-0098 )1/07/2010 (800)275-8777 01:36:24 Pk Sales Receipt Product Sale Unit Final Description Qty SOUTHOLO NY 11971 Zone-O First-Class Letter 1,00 oz. Return Rcpt (Green Card) Certified Label ~: Issue PVI: Price Price $0.44 $2.30 $2.80 70090820000178180203 $5.54 BROOKLYN NY 11222 Zone-1 First-Class Letter 1.00 oz. Return Rcpt (Green Card) Certified Label ~: Issue PVI: $0.44 $2.30 $2.80 70090820000178180197 $5.54 OLD BETHPAGE NY 11804 Zone-1 First-Class Letter 1.00 cz, Return Rcpt (Green Card) Certified Label ~: $0.44 $2,30 $2.80 70090820000178180418 Issue PVI: SOUTHOLD NY 11971 Zone-O First-Class Letter 1,00 cz, Return Rcpt (Green Card) Certified Label ~: Issue PVI: $5,54 $0.44 $2 $2.~,F 7009082000017818042~ Total' $22, ', Paid by: Debit Card $22.16 xxxxxxXXXXXX9740 Approval #: Transaction ~: 558 23903191724 Receipt~: 000731 Order stamps st USPS.com/shop mr ca]] 1-800-Stamp24, Go to USPS,com/c]icknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bi11#:1000201124046 Clerk:82 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business ************************************ HELP US SERVE YOU BETTER to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Customer Copy · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · PAnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2, Article Number (T/ansfer from service label) Signature [] Agent [] A~dressee D. Is delivery eddre~s, C. Date of Delivery No I11 [] Registered [] Insured Mall [] Express Mall r"l Rctum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? irExtra Fee) [] Yes 7009 0820 0001 7818 0203 PS Form 381 1, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · PAnt your name and address on the reverse so that we can return tile card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. r-i Return Receipt for Merchendlse [] C.O.D. 4. Restricted Delivery? (Ex6'a Fee) [] Yes 2. Article Number (Transfer from servia label) PS Form 3811, February 2004 7009 0820 0001 7818 0418 Domestl$ Return Receipt 102595-O2-M-1540 · 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 ma[lpiece, or on the front if apace permits. 1. Article Add~ to: o I -I1-10 D. Isdeli~Yaddressdifferentf~3~tt~n~l? [] Yes ff YES, enter de4ivery adf~3~ss ~: ' [] No 3. Service Type ~-Certifled Mall [] Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number PS Form 3811, Febma~ 2004 7009 0820 0001 7818 0197 · 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 mailpieca, or on the front if space permits. ff YES; [] No [] Registered [] Retum Receipt for Memhandlse [] Insured Mail ri C.O.D. 4. Restricted Delivery? (Extra Fee) 1-1 Yes 2. Article Number (/-rans~r from sen/ce labeO 7009 0820 0001 7818 0425 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i RECEIVED BOARD OF APPEALS ZONING BOARD OF APPEALS 'TOWN OF 8OUTHOLD:NEW YORK In the Matter of the Application of (Name df APplE ..cant) AFFIDAVIT· · OF SIGN POSTING Regarding Posting of Sign upon Applicant*s Land Identified as o00- ?/ - 07 _./,¢ -X COUNTY OF SUFFOLK) .STATE OF NEW YORK) I, ~(-J¢~/ ~-~ residingat /]~/~/r) , New York, being duly swom, depose and say that: On the /"~ day of d4/~ ~r ¢/. 200 , I personally placed the Town's offidal Poster, with the date of he~dng and nature of my applipation · '. noted thereon, Securely upon my 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 Jp,,place for seven days Prior to the date of the subject hearing date, ,~4:lLct~h~a~,~o-~ ,0 be * * · / ~igntC~re) kJ ' Sworn to before me this (Notary Public) Notary Put)~ic, State of New Yor~ No OJSU6185050 Oual fled in Suffolk ~un (,0mmiss/on ~Pires April ]4, ~ J~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Simpson, L & L # 6340 MAP #: 71.-2-18 VARIANCE: SETBACK REQUEST: ADDITION & ALTERATIONS DATE: THURS, Jan 21, 2010 9:50 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 O . 0 0 >- LM ~-- ~_ Z 0 0 suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),qbwn bf Southold, the following public hear- jugs will be held by the SOU]HOLD ~ yi'OWN ZONING BOARD OF AP- ]PEALS at the Town Hall, 53095 Main Road, EO. Box 1179. Southold, New York 11971 0959, on THURSDAY~ JANUARY 21. 2010:. 9:40 A.M. LAUREN KRUG #6335. Request for a Variance from Code Sec- tion 2S0 124, based on an application for a building permit and the Building Jnspector's August 11, 2009 Notice of Disapproval concerning a p~oposed ad- dition to a single family dwelling, at less than the code required minbnmn front yard setback of 35 feet. at 45 Oak Road (and Grathwohl Rd), New Suttolk; 9-.50 A.M. LAURENCE S. & LIL- LIAN SIMPSON #6340. Request fat a Variance gore Code Section 280-124, based on an application for a building permit and the Building [nspectoi's'Au gust 11,201t9 Notice o1 Disapproval con ceming a proposed addhion and ahera tions to a single fanfily dwelling, at less than the code required minimum rear yard setback of 50 feet, at 125 Brigantine Drive, Southold: C~FM 702-18. 10.4)0 A.M. SIIEILA CONNEEEY #6356. Requests for Variances Code Section 280 124. based on an ap plicadon for a building permit and thc l~uilding Inspector's November 24, 2009 Notice of Disapproval concerning proposed additions and alterations to a aingle family dwelling: (1) at less than the code required minimum rear yard setback of 35 f¢et, (2) at less limn mini mum side yard setback of 10 feet, (3) less ihan total required total 25 feet, and (4) in excess of code limitation of illaxbllUnl 20% lot coverage, at 975 Town Harbor Lane. Southold; (-FM 63 4 12. Zone D!s trict R 40, llhl5 A.M. MARK M. & ELIZA- BETH NARDONE #6342 Request for Variances from Code Section 280 121, based on an application lot building permit and thc Building lnspectoFs Sop ~ - LEGAL NOTICE tember 2, 2099 Notice of Disappio*al SOUTHOLDTO ~- }:once n ng proposed add ons a d ~k~. ~pIIB]Li~'It]EARII~-k:'%' setback or.> fi'ct ~)less th,,c,de c side yard setback of 10 f~et, and (4) over the lot coverage limitation of 20%, at 1515 Minnehaha Blvd and Opechce Ave, Southold; eq'M 10'.30 A.M. WILMINGTON TRUST COMPANY #6343. Request for vari ances from Code Section 280 124, based on an application for building pmmit and the Building Inspector's September 15, 2009 Notice of Disapproval concern- lng proposed denlolltion and reconsti act a single family d~elling: (1) less than the code requited minimum side yard setback of 20 feet and, (2) less than the code mqui~cd fIont yard setback ol 55 feet, at Off East End Rd, Fishers Island. CFM 2 I 82 10:40 A.M. FRANK J. & DONNA M. SCAROLA and DONNA PERRIN 06350. Applicants request a Special Ix ception under Section 280 13B(14), The Applicants ;Ire the OWllers requesting authorization Io establish an Accessory Bed and BrcakfasL accessory and in cidental to their tesidemial occupancy in this single falllilv dwelling, with four (4) bedrooms for lodging and serving of breakfast to tile B&B casual transient roomers. Location of Properly: 4850 Sound Ave., Mattituck: (.TM [21-3-6. 11.'05 A.M. BRYANT & MERCY McELROY #6346. Request for Variance from Code Section 280 124. based on an applicatimF for building permit and the Building Inspector's September 29, 21109 Notice of Disapproval concerning existing addition to a single fam0¥ dwell liig at less than thc nlininlull/ rear yald setback of 33 tcet. Property located at 55 Inlet Lane and Sand,~ Beach Road, Greenport: CTM 43 4-3g 11:20 A.M. GWYNETH M. KET- I'ERER and MARY B. SYKES #6349, Request for Variances under Code Sec tions 28(} 123 and 280 15, based on file Building Inspector's September 24 20(>9, maximum height of 22 feet. Location of Property: I9q3 Ryder Farm Lane. ent CFM: 15-34.1. 11:30 A.M. THEODORE C. MAR- TZ~ JR. #6344, Requests for ¥i~riances under Code Sccdons 280 18 and 280- 10, based on the Building Inspector's August 19, 2009 Revised November 18, 2009 Na0ce of Disapproval and an all plication for a building permit for a sub division and construction, disapproved for the following reasons: ( I ) lots merged A) ihe proposc~d accessory garage is 1809;! ZONING] GERARD P. GoEHR1NGER, ;, ;~ BYVICKI TOTH 54375 Maha Ro~id (Office Location) · :~ S6Uth~i~l;NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 September 15, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File # 6340 Simpson, Laurence S & Lillian Action Requested: Additions and alterations, rear yard setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. , ( ) Boundary of Agricultural District · ( ) Boundary of any Village or Town If any other inform'ation is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Office Location: Town Annex/Fa'st Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 1, 2010 Laurence S. & Lillian Simpson C/O Nancy Dwyer P.O. Box 632 Southold, NY 11971 Re: ZBA # 6340 Dear Nancy: Transmitted for your records is a copy of the Board's February 18, 2010 Findings, Deliberations and Determination, and Board's February 25, 2010 Amended Findings, Deliberations and Determination and the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Vicki Toth Encl. Town Annex/Fa'st Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold. NY 11971 http:llsoutholdtown.northfotk, net BOARD OF APPEALS' TOWN OF $OUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box !179 Southold, NY 11971-0959 FACSIMILE *TRANSMITTAL SN Er=T TOTAL NO. OF PAGES ~NCLUDIHG COVER= REFERENCE:: SENDER'S TELEPHONE NUMBER= 765-1809 (press I at vo;ce ~IOTES/COMMENT,S: Please find attached copy/cop~es of the following:. Thank you. Sender's Initials: BAY /~m~ $o 5 V :::'SOX 5 --x _ :::',Ax / 5CTM: J O00-7J-O2-1& ~t~ Ocbober, 2005