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HomeMy WebLinkAbout634260' Opechee Ave., Southold CA-build accy. ~?~ 2/25/83 bldg. in the sideyard area. 87-3-50 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Soothold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net RECEIV.EO BOARD OF APPEALS 4'.~ ~. ~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATIO leri MEETING OF FEBRUARY 18, 2010 ZBA FILE#6342 NAME OF APPLICANT: Mark M. & Elizabeth Nardone PROPERTY LOCATION: 1515 Minnehaha Blvd. & Opechee Ave., Southold, NY. CTM: 87-3-50 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 14,968 sq. ft parcel, measuring 100.50' on Minnehaha Blvd., and 146.86' on Opechee Ave., as shown on the survey dated June 7, 2002 prepared by Joseph A. Ingegno, Land Surveyor. The lot is improved with a single family dwelling and accessory garage as shown on a plot plan prepared by OCG Architects, LLP dated 6/24/09. BASIS OF APPLICATION: Request for Variances under Sections 280-124, based upon the Building Inspector's Notice of Disapproval dated September 2, 2009 stating that proposed additions and alterations to the single family dwelling and garage are not permitted at less than the code required front and rear yard setback of 35 feet, less than the code required minimum side yard setback of 10 and lot coverage above the maximum code required 20%. 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 to attach an existing detached accessory garage to their single family dwelling with a habitable addition that will make the existing garage's side yard setback of 7.8 ft. non-conforming with the code required minimum side yard of 10 ft. A proposed overhang for a covered front porch addition to the dwelling will reduce the pre-existing non-conforming front yard setback from Opechee Avenue by 2 feet to 17.55 feet at the closest point where 35 feet is required. A rear yard setback variance of 34.5 feet for a 628 sq. ft. at-grade patio is requested, where the code requires 35 feet. Also requested is a variance for total lot coverage of 23.99% where 20%maximum is permitted, in order to add the proposed addition between the existing dwelling and accessory garage, a screened porch on the rear of the dwelling, a front porch entry, and a patio in the rear yard. Page 2- Fcbrua.W 18, 2010 ZBA File#6342 - Nardone CTM: 1000-87-3-50 at 1515 Minnehaha Blvd., Southold 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)¢'l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property has two front yards on a non-conforming lot of less than 15,000 sq. ft. The subject property has existed in a subdivision for many years that is approximately 95% built out. The applicant's existing dwelling is one story and the proposed additions are also one story. The proposed changes to the elevation along Opechee Avenue (an addition linking the accessory garage and existing dwelling and a small covered front entry porch) will improve the curb appeal of the house without creating any additional adverse impacts caused by the pre-existing non-conforming front yard setback. The proposed screened porch addition to the rear of the dwelling has conforming setbacks and will shield the proposed rear yard patio from view along Minnehaha Boulevard. The existing 7.8 ft. easterly side yard setback will remain the same for the proposed renovated dwelling, and will have no adverse visual impacts on the neighbor's house or property since the neighbor's house is setback at a much further distance from the road than the applicant's 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 area variances, because of the size and depth of the lot, and the existing significant non-conforming setback of the dwelling and the accessory garage from Opechee Avenue. 3. Town Law §267-b{3){b){3). The proposed front yard variance is substantial at a 50% +/- relief of current code requirements, however, the dwelling has existed with the non-conforming setback for 40+ years and the Board finds that the proposed 2ft additional setback reduction for a porch overhang that is only 13.7 ft. long on a front elevation that is approximately 94 ft. long is de minimus in nature. However, in granting the minimum relief possible, the Board finds that the proposed lot coverage of 23.99% can be reduced to 23.5%, by reducing the proposed patio setback of 34.5 ft by 7 inches to conform to the 35 ft. code required rear yard setback. Lot coverage of 23.5% on a sub-standard lot size of 14,968 sq. ft is not substantial. 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. The subject property is fiat and no drainage issues exist. 5. Town Law §267-b{3)Cb)(5). The difficulty has not been se/f-created for the front yard and side yard variances requested due to the non-conforming location of the existing dwelling, but the variances requested for lot coverage and a rear yard setback are self-created in that the rear yard setback can easily conform to the code and lot coverage can be reduced by reducing the size of the proposed patio which will not have a significant impact on the proposed improvements by the applicant. 6. Town Law §267-b. Grant of the relief as applied for on the side yard and front yard setbacks, and alternative relief for lot coverage, and a denial of the rear yard setback variance, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations 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 Goehringer, seconded by Member Schneider, and duly carried, to Page 3- February 18, 2010 ZBA File#6342 - Nardone CTM: 1000-87-3-50 at 1515 Minnehaha Blvd., Southold DENY THE VARIANCE as applied for on the rear yard setback. GRANT the variances as applied for on the front yard and side yard setbacks, and shown on the plot plan dated 6124109 and proposed addition drawings dated 8124109 pages D1, D2 and D3 all prepared 8~24~09 by OCG Architects, LLP. GRANT ALTERNATIVE RELIEF for lot coverage of 23.5% 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 and Schneider. (Absent was: Member Homing) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved forflling - ,,~ / o~ [ /2010 :~IVED 2010 SEP I ~ 2009 ~ ~ < ~ ~ ~ so~ ~ ~ ~ RD OFA - ~ PP~ ~ ~ , , , ~ '-- --- -~-- -- -~_~e~:o,,~_ R~iEWED BYZBA, '~l DATED I I ~o ZONIN~ IN~O~ATION PLOt PLAN ~ ~ ~CALE: I" : 20' i ~ ~ ~ ~ z ZONIN¢ INI--OF~'IATION _ _.~ ...... ._ _ ~,~o.. , ZONIN® INFO~-,MATION LOT GOVERA~E ~o ' - SECTION. 83 BLOCK. 5 LOT(5). 5() EXISTIN~ ~ ~ ~T ~;~ 2, : ~ I ~ ~ 2N~ F~ONT YAWP ~ FT. 40.~b FT OOME~EO PATIO 144 I to~.-~bk:'.~:~ .¢~-- ' ~*::'~ ", ~ DUIL~INS H*IeHT ~5 FT. 22.01 FT. OPEN PAflO bas " F :... ,,,; . I I ~ :,:,,-.~'¢ ,, I ~ ~ LOT 0OVE~A¢E 20 % 2D.q % TOT/L D~ql ~ , ', .~ -,- .... *NON-OONPORMIN¢ LOT I / PLOT PLAN ~ ZONING INFO~.I'.4ATION TOk,IN OF ~OUTHOLB;' SECTION. 83 BLOCK. 5 LOT(S). ZONE= ~-40 ~E~Ul~ _CT A~EA M.A. 14,~6~ SQ FT. ~ROWTAPE ~ A F~O~T ~A~P T ~5 FT. ~EAR ~A~O ~ D~ FT. 54.5 FT 2NO FRONT YArD ~5 FT. 40.q6 PT BUIL~ING HEIGHT 55 FT. 22.01 FT. -OT OQVERA~E 20 ~ 2D.q~ / ¢C,,,L_~, ,"= :o'-o" FINAL MAP REVIEWED BY SEE DECISION ~ DATED~ I I ' I ,, ,, 1 ] ~ ELEVATION ~AP DECISION # l DATED. /, I~o ~(:)UTH ELEVATION 7 ELEVATION ELEVATION tREVlEWED ElY ZBA/ ~DATED / 1'~'~ J FORM NO. 3 NOTICE OF DISAPPROVAL TO: Mark M & Elizabeth Nardone 101 Split Oak Dr. East Norwich, NY 11732 B 1 6 2009 ¢Jvv ,c °~qRo ote sppE~l.8 DATE: September 2, 2009 Please take notice that your application dated August 26, 2009: For permit to construct additions and alterations to existing single family dwelling at: Location of property: 1515 Minnehaha Blvd., Southold County Tax Map No. 1000 - Section 87 Block 3 Lot 50 Is returned herewith and disapproved on the tbllowing grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 14,968 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring less than 20,000 square feet in total size, require a front and rear yard setback of 35 feet, minimum side yard setback of 10 feet and maximum lot coverage of 20%. The site plan shows front yard setback (Opechee Avenue) of 17.55 fee, k rear yard setback of 34.5 feet, side yard setback of 7.8 feet and lot coverage C.99~/) 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. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ~ECEIVED OU 1 5 009 aOAED OF APPEALS 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 Municipall~ile 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 6341 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) 853~1044 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS '~ff ~O ~ ~-f~'' Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. HouseNo. ~Gl.~ Street ~', ~t'xe~-~X~ ~Hamlet ._~c~L~SCYx. o\ A ° SCTM1000 Section ~,"~Block .9~ Lot(s) ~c~C~ LotSize I~-[~(~,~ .t~a Zone I ~E) APPEAL THE WRITTEN DETERMINATION OF ~HE.BUILDING INSPECTOR Applicant(s)/Owner(s): ~. ~ C ~ MailingAddress: ~. . ~'~',~O~~ ~Ct~ , ~ ~ ~C,~,C'~ Telephone:~a~q ~lq ~ Fax~: Email:~' NOTE: In addition to the abov~ plea~ complete below if application ~ signed by applicant's a~o~ey, agenK a~hitect, builder, contact vendee, etc and name of pe~B Who agent Name ofRepre~entative~ ~ 1~ ~ ~ t l for ( ) Owner, or ~ Other: Agent's Address: ~-~ ('~'-~c'~ t)t~-~"~ Telephone~~b~x~ Fax #:~Emai,, Please check box to specify who you wish correspondence to be mailed to, from the above names: . [] Applicant/Owner(s), or lg~uthorized Representative, or 13 Other Name/Address below. WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~-]..31x~ ~ ;~ and DENIED AN APPLICAT10/LN DATED ~ FOR: ~ Building Permit~ ' [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article)~ ~) I Section 280- ~_3c.~ Subsection Type of~ppeal. An Appeal is made for: g 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, ~has not been made at any time with respect to this property~ UNDER Appeal No.~_ ~ Year ~ . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: / ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The oenent sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the ohysical or environmental conditions in the neighborhood or district because: ///].~-i/I/~W',2~ l~-~/Ad'4 / '~'~2~a~-~ d~r (5) Has the alleged difficulty been self-created? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: ~No. [] Yes (t~lease 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 REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consultyour attorney.) ~, Sworn to before me this I1 e- 0 o') · Michelie Simps_on Notary P.u. blic, State of New York ~o.0tSI6097359 Qualifi~ in S~olk Coun~ Commission expires 0911 g~b~ I Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~fl~..l~/~Og~:~l[ I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: ~ l It [ (JO[. RECEIVED II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ,~5'-'~ o Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): 'Z~[ C-+. Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured fi.om natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (auach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1~,79 I 'Z'~ X I2~ C~t~.~'~ ~grDt ' ~umber of Floors ~d Ch~ges WITH Alterations: J IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: I ~1 ] & ~ ~ Proposed increase o£building coverage: ~ (~"/8~ q'~ I t ~ · % Squ~e footage of your lot: /~ ~ S~, ~ Percentage of coverage of your lot by building ~ea: ~ ~. ~9 ~ V. Purpose qfNew Construction: ~ ["~ ~~ ~, ~f~t~.~ V1. Please describe the laud contoum (flat, slope %, heavily wooded, marsh area, etc.) on your land a~d how it r~lates to,the difficul~in mgeting the ~de 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 FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes lg No Are there any proposals to change or alter land contours? l~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? l~c'l 2) Are these areas shown on the map submitted with this application? ' ..~] ~ 3) Is the prop~erty bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? b~ 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? ~O 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? b JO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Authorized Signature and Date Do you or any co-owner also own other land close to this parcel? P00 . If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel __ __ __ and proposed use O~t[ ~t I~¥ (examples: existing: single-family; proposed: same with garage or pool, of other description.) 2/05; 1/07 RECEZVED ~,-,*-,~--T.,, ~ SEPt 6 2009 PROJECT I.D, NUMBER 617.20 _ . Appendix C BOARD OF APPEALS State u. nvironmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant ot Project sponsor) 1. I 2. OJEC'~ NAME APPLICANT/SPONSOR 4, PRECISE LOCA~ON (Street address ~d road Interlectlon~ prominent landmarks, etc., or pr~lde map) 5. I$ PROPOSED ACTION: SEQR 6. DESCRIB PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFE~ED: ~ Yes ~ No I~ NO, d~d~ 12. ~ A R~ULT OF PRO~ A~ION I C~ ~AT THE INFORMA~ON P~D~ ~VE IS ~E TO ~E "~ OF MY ~E i If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART fi--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) IA DOES ACTION EXCE-2D ANY TYPE r THRESHOLD IN ~ NYCRR, PART 617 4~ If yes, coordinate WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeMSHMENT OF A CEA? r~ Yes [] No is THERE, OR IS THERE LIKELY TO EE, CONTROVERSY REI-ATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? ~ Yes [] NO if Yes, explain Prielly PART Ill--DETERMINATION OF SIGNIFICANCE Cfc be completed by Agency) INSTRUCTIONS: For eacll adverse effect identified above, determine whether ~t is substantial, large, impocta¢t or otl~erwise significant. Each effect should be assessed in connection with its (a) setting (i.e. uCoan or rural}; (b) probability of occurring; (c) duration; (el) [rreversibility; (e) geographic scope; and (l) magnitude. If necessary, add attachments or refecence supporting materials. Ensure that explanations contain sufficient detail Io show that all relevant adverse impacts have beer identified and adequately addressed. If- question D of Pad II was checked yes, the determination and significance must evaluate the potential impact ct the proposed action . on the sf~vironmental ct~aracteristics of fha CEA. [] Check this box if you have identified one or more potentially large or significant adverse irff¢?cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentetion, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, tl~e reasons supporting tl~is determination: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED BOARD OF APPE/U,~ ' 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: ~/~ o_'~'~ '1~. (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 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 mom than 5% of the shares. YES NO J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: Print Name: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEZVED BOARD OF APPEALS 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 district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ¥~ aa ~-'~ 2) AddressofApplicant: ~'c,~~ ~-,z~'\~ 3) Name of Land Owner (if'other' than a~Splica~tT: - -- ~ ' ' / 4) Address of Land Owner: ~.%'i ~ 5) Description of Proposed Project: 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural/~tstrict? ~rNo I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? I~lNo I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement, 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the prope~y owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cmmot be acted upon by the board. 1-14-09 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net PERMIT NO. BUILDINGPERMITeLICATIONCHECKL[~ST'Jt~ ~.~ ¢~ Do you have or need ina followin~ before applying? ~eck N.Y.S.D.E.C. Mail to:~ Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date~ 20 O~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accorate plot plan t~ 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 appmval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be oceupied or used in whole or in part for any purpose what so ever until the Building inspector issues a Certificate of Occupancy. f. Eveo, building permit shall expire if the work authorized has not commenced within 12 months at~r the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constracfion of buildings, additions, or al~rations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) ~ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed xvork v~ill be done:~. House Number Street t Hamlet County Tax Map No. 1000 Section ~r'"'~- Block '~ Lot ~0 Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended $~e and occupancy of propose6- consmmtion: a. Existing use and occupancy ~.. ~ ,,xe~'~' ~ ~"'e'~c'~ex~ xl k'-f-.~ ~-~' ~.~ ,--> 3. Nature of work (check which applicable): New Building Addition ~ Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost ~ i ~C3, (2~t"~t"~ Fee J (To be paid on filing this application) 5. If dwelling, number of dwelling~units ~ Number of dwelling units on each floor If garage, number of cars / 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use- 7. D~menslonsofex~snngstmcmres, ffany:~ront ~]~,~- ~- Re~ q6,z P+' Depth Height ~. ~..,Ct-. Number of Stories 6~.~r~r'.j~o,~Cr tz~:2o, I~-. D~o~: z ,~5~.g_~...., .../~ ?q,~-~ Dimensions of same Sl~--ct~re with alterations or additions:'Front '4'/. 3__ ~ Rear Depth .~,~,~ Dr., Height ? '7. ~T, Number of Stories 8. Dimensions of entire now construction: Front ~t./~, 5'r-S~,. Rear_ ~, ff--~-~- .Depth 3~, 3 Height ~. ~. (-4-, Number of Stories ~L.'Z 9. Sizeoflot:Front Iq!3, TtT '. Depth 10. Date of Purchase ~O/'~ e~ _e2, ~2~ Name of Former Owner ~- e:}~['~' 1 I. Zone or use district in which premises are situated ~ ~ q O 12. Does proposed construction violate any zoning taw, ordinance or regulation? YES X NO - 13 Will lot be re-eraded? YES NO2~L_Will excess fill be removed from premises? YES NO X 14. Names of Owner of orem~s~s ~X~ ,,=~.'~2~..~o Address~Phone No. ~ ~,..~' Name ofAmhitect"~nc~t~ ('h'(',.~x~-~xa'l~ Address~ehoneNo ~,:'~_~. Name of Contractor Address x Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES__NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE~}EQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to properly lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are them any covenants and restrictions with respect to this property? * YES __ NO ~ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: cotnqry OF -~W~ ~e~ ra {'"~ ~ ~("C~ ~('~ e being duly sworn, deposes and saysthat (s)heisthe applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this! { ~ ~ ~b~ public, S~ bf New York Si~am~ of Applic~t I / ~ No.0tSI6097~9 _ TOWN OF $OUTHOLD PROPERTY RECORD CARD FORMER QWNER E.././ S W TYPE OF BUILDING RES. SEAS.~ VL. F~RM COM~. CB. MICS. Mkt. Value ~I~ND IMP. TOTAL DATE REMARKS ~c~o SEP 1 ~ ?no9 AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre V~lue Per V~iue Acre Tillable FRONTAGE ON WATER W~l~nd FRONTAGE ~ ROAD Meodo~l~nd DEPTH House Plot BULKH~D Totol DOCK TOWN OF SOUTHOLD P~OPERTY RECORD CARD oWNER FORMER OWNE~t~.~~~./S? SEAS. IMP. VL. STREET VILLAGE ~ I DISTRICT_J~.~. ~- ~./~ ~z ~/~~.~/2~ ~, ~, S ~-- - fl~ / W.., ~ ~ .~/ TYP~ OF BUILDING · - ~: -~:~. i,~. i~'. TOTAL Form illa~ 1 'i I laq~e 2 · illable. 3 ¢oodland NORMAL Ac re ~ampland rushl~md, .~' louse Plot otal DATE REMARKS Value Per Acre ABOVE Value LOT RECE/VED SEP BOARD Extension Base~nt ~ ~, Fl~rs Extension Fire Place ~ o ~ Heart Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O.B. Sep 25 2008 i:40PM HP LRSERJET FRX Elizabeth & Mink Nardone 101 Split Oak Dfiw East Norwich, NY 11732 516-624-?191 Re: Variance Application - 1515 Mflmchaha Blvd, Southold To Whom It May Concern: Wo give our consent to'havc our archite~t, Todd O'Conneil of OCG Architects, LLP ropresent us at the variance hearhag. Thank you, Elizabeth Nazdon,, Mark N~rdonc ~-~' i 6 2009 Southold Town Board of Appeals ACTION OF TEE ZONING BOARD OF APPEALS Appeal No. 3083 Applicatien ~ated February 2, 1983 (Public Hearing held 2/25/83) TO: Mr. and Mrs. J. Royal Gilford [Appellant{s)] 203 ~nhattan Avenue, Union City, NJ 07087 1515 Minnehaha Boulevard, Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on February 25w 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Dne to Lack of Access to Property New York Town Law, Section 280-a [ ], Request for Special Exception under the Zoning Ordinance Article , Section [X~Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for The public hearing concerning this matter was also held on February 25, 1983. - Upon application of J. ROYAL AND VIRGINIA GIFFORD, 1515 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100~32 for permission to build accessory building in the sideyard area at p~emises known as 1515 Minnehaha Boulevard (a/k/a 60 Opechee Avenue), S~uthold, NY; County Tax Map Parcel No. 1000-87-03-050. The board made the following findings and determination: By this appeal, appellants seek permission to construct a detached accessory garage structure approximately 21' by 24' to be located east of the existing one-family dwelling structure. The setback proposed from the easterly property line is five feet, and the setback from Opechee Avenue shall not be forward of the existing dwelling structure. The premises in question is a corner lot as defined by Section 100-34 of the Zoning Code, with 109.5' along M/nnehaha Boulevard and 146.8' along Opechee Avenue. This lot contains an area of approximately 16,280 square feet. It is the opinion of the board that this building area shall be deemed rear yard due to the unique circumstances of this corner lot. In considerfng this appeal, the board determ/nes that the variance request is not sUbstantial in relation to the requirements of the zoning code; that the cfrcUmstances are unique; that by allowing the variance no substantial detriment to adjoining properties will-be created; that the difficulty ca~not be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the ~bove factors, th~ interest of justice Will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, t~at Appeal No. 3083, application of J. ROYAL AND VIRGINIA GIFFORD for permission to construdt a 21' by 24; One-ear accessory garage, to be set back no closer than 5' to the easterly property line,-BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (Continued on Page Two) DATED:' March 8 ,i 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTEOLD TOWN ZONING BOA~/I Phge 2 - Appeal NO~ 3083 Matter of J. ROYAL AND VIRGINIA GIFFORD Decision Rendered February 25, 1983 ' 1. This structure shall.be used for storage purposes only; 2. This structure shall not exceed the size 21 feet by 24 feet as applied. Location of Propertyf 1515 Minnehaha Boulevard, Southold, NY; County Tax Map Parcel No. 1000-87-03-050. Vote ~f the Board: Ayes:' Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopt6d. RECE;VED S£p j 6 200 ~OARD OFApp~.AL$ RECEIVED AND FILED BY .El ;%~,P O? PROPERTY J. ROYAL ~ VIRGINIA GIFFOP, D GUAAANT££P ;FO THE TITLE BOARD OF APPF..AL~ September 10, 2009 eCG Architects, LLP 60 Carleton Avenue Suite 202 Islip, Terrace, NY 11742 To Whom It May Concern: I am no aware of any covenant or restrictions on my deed of 1515 Minnehaha Blvd., Southold, NY. Respectfully, Mark Nardone 101 Split Oak Drive East Norwich, NY 11732 Town Of Southold ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER R OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net 09/18/2009 Nardone, Mark M 101 Split Oak Drive E. Norwich, NY 11732 Received $ 600.00 for Application Fees, on 09/18/2009. Thank you for stopping by the Town Clerk's office. As always, it is our pleasure to serve you. Neville Clerk Elizabeth A. Southold Town 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 24, 2009 Zoning Appeal No. 6342 Transmitted herewith is Zoning Appeals No. 6342 of Todd O'Connell for Mark Nardone 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, Application for Building Permit Dated August 25, 2009, Notice of Disapproval Dated September 2, 2009, Copy of Property Record Card, Action of Zoning Board of Appeals Dated February 2, 1983, Copy of Survey Showing Existing Construction Dated September 8, 1970, No Covenant or Restrictions, 2 Pages o£Photos of Property, Site Plan Showing Existing & Proposed Construction Dated June 7, 2002 Prepared by Joseph A. Ingegno, Land Surveyor, Plot Plan Dated June 24, 2009 Prepared by OCG Architects, Copy o£Architects Plan for Proposed Construction Dated August 24, 2009 Prepared by OCG, Architects. Office Location: ~ Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailim, 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 17, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article: XIV of the Suffolk County Administrative Code: ZBA File # 6342 Nardone, Mark M. & Elizabeth Action Requested;. Additions and alterations, front yard & rear yard setback, lot coverage. 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. Gerar~L By: 3. Goehringer irmj~n/ i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YOPd( In the Matter of the Application of (Name of Applicants) CTMParcel #1000- ~,~ RECEIVED 80ARD Of APPEAL~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~b~: ~ ~ cc,. c~ , New York, being duly sworn, depose and say t~t: ~ On the ~ ,3 ~day of~ <n ~ o~ ~o , I perso ~ally mailed at the United Sines t'oslOfficein ~o ~cca--eoNewgor~byCERT~D~L ~ ' Q~S~D, a ~e copy of the a~ched ~gal Not~ce In prepatd envelops ad&ess~ to c~ent o~ers shorn on the currant ~sessment roll verified from the official r~r~ on file ~ ~e~ Assessors, ~ ) C-,,-~,~o~I p .... .~, .... ~ ........~-"2 ...... _, for eve~ prope~ which abuts and is across a public or ~dw~e s~eet or vehic Sworn to befqre me this ,2O0 Michelle bm)pson Notary Public, State of New York No.0tSI6097359 Qualified in Suffolk County . Commis.~ion expires 091t 5/20_[ \ 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. Complete items 1,2, and ;3. Also complete item 4 If Rest~cted Deli~s 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 mai[piece, or on the front if space permits. 1. Art~e Addressed to: s different from item 17 i--I Yes ' address below: [] No [] C,O.D, 4. Restricted Delivery? (Extra Fee) [] yes postage $ Re'mm Re~ipt Fee Here (Endoraemem Request) ~_~.....~.....L~.~.......~.L.~.~L.~.~--~:..A ~J OFFICIAL USE ( ~OFF C~AL USE [ .................. ~..~.....~.:.~~. OFF CIAL USE i (Endoraemeat eequ~re~ O'" ~ae~nt Requ~ree') Tom Po~aOe & Fe~ i-1 · Complete items 1, 2, and 3. Atso Complete item 4 if Rest~cted 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 mailplece, or on the front if space permits. 1. ArtlcleAddressecl to: 2. A~ticle Number (rransfer from sen, Ice label) PS Form 3811,Febmary2004 [~ Agent ri Addressee C. Date of Daiivery [] No 7005 0390 0002 1825 9683 Domestic Return Receipt · Complete items 1,2, and 3. Also COmplete item 4 if Restricted Deffvery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: IfYES, e .}AN 1_1_ 2010 C'I Agent C. Date of Delivery r~Yes 1'3 No [] Registered Receipt for Merchandise [] In~Jred Mall [] C.O.D. 4. Re~elctecl Daiive~ (Ex/fa Fee) [] Yes 2. A~tlcle Number ___~.~?f~o~c~/~ 7005 0390 0002 1825 9690 PS Fo,m~ 3811, February 2004 Domestic Retum Receipt BOARD OF APPEALS · Complete items 1,2, and 3. Alan complete item 4 if Restrfcted Delivery is desired. · Print your name and~ddmss on the reverse so that we canxet0rrVthe card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article A~ldressecl to: p.o. B. Received by (Printed Name) .. I C. D~e ot ~ IO/ ll[) 4, Restricted Delive~? (Extra Fee) 2. Art,'cre Number ~r,~,~,~,~..~ . 7005 0390 0002 1825 9669 PS Form 3811, February 2004 Domestic Return Receipt ce Type 3. ~rtifled Mail [] Expres~ Mall [] Registered [] Return Recaipt for Merchandise [] Insured Mail [] C.O.D. []Yes 102595-02.M-r540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1ooo- &'3 - - COUNTY OF SUFFOLK) STATE OF NEW YORK) :3oARD OF APPEALS AFFIDAVIT OF SION POSTING · ~ "W-o cc c~c~ New York, being duly sworn, depose and say that: - On theft_day of .-"~.~ n o~ , I ~rsonally plac~ the Tom's official Poster, Mth ~e ~te of h~fing~n~ n~re of ~y application noted ~er~n, seemly upon my pro~, locat~ ten (10) feet or closer from ~e strut or fi~t-of-~y (~vemy entr~) - facing the sg~t or facing each s~t or dghtmf-way en~ce;* ~d ~at I hereby ~m ~t the Poster has remaMed in place f~ se~ays prior to t~t ~te of the subject he~ng date, whchheafingdate~sh~~o~ _ 3k '~' (Si~mre) Sworn to before me tMs /~ ~y °f~n°~ ' 2~ Michelle ~,npson  NO~ Public, S~te of New York No.01SI6097359 ~ ;~ualified i~?uffolk Coun~ - Commission .x~ires 09115120~t ~ot~blic) *near the entrance or driveway entrance of my properly, as the area most visible to passersby. OCG OCG Architects, LLP Tuesday, January 05, 2010 Patrizia M. Zanaboni 1385 Mirmehaha Blvd. Southold, NY 11971 Re: The Nardone Residence 1515 Minnehaha Blvd. Southold, NY 11971 Section 87, Block 3, Lot 50 Dear Ms. Zanaboni, Attached please find a legal notice pursuant to our client, Mark Nardone, who is scheduled to be heard before the Southold Zoning Board of Appeals on Thursday, January 21, 2010 at 10:15am. Your appearance at said heating is welcomed however not mandatory. Please see the attached notice for further details and feel free to contact our office with any questions or concerns you may have. We have also attached a copy of the survey showing the proposed work for your convenience. Very truly yours, Todd O'Cormeli, AIA TOC:mk 60 Carleton Avenue · Suite 202 · Islip Terrace, NY 11752 · phone: 631-859-3488 · fax: 631-859-3489 OCG OCG Architects, LLP Tuesday, January 05, 2010 Eileen Gallagher 1575 Minnehaha Blvd. Southold, NY 11971 Re: The Nardone Residence 1515 Minnehaha Blvd. Southold, NY 11971 Section 879 Block 3, Lot 50 Dear Ms. Gailagher, Attached please find a legal notice pursuant to our client, Mark Nardone, who is scheduled to be heard before the Southold Zoning Board of Appeals on Thursday, January 21, 2010 at 10:15am. Your appearance at said hearing is welcomed however not mandatory. Please see the attached notice for further details and feel free to contact our office with any questions or concerns you may have. We have also attached a copy of the survey showing the proposed work for your convenience. Very truly yours, Todd O'Cormell, AIA TOC:mk 60 Carleton Avenue · Suite 202 · Islip Terrace, NY 11752 · phone: 631-859-3488 · fax: 631-859-3489 OCG OCG Architects, LLP Tuesday, January 05, 2010 James Proce 170 Opechee Avenue Southold, NY 11971 Re: The Nardone Residence 1515 Minnehaha Blvd. Southold, NY 11971 Section 87, Block 3, Lot 50 Dear Mr. Proce, Attached please find a legal notice pursuant to our client, Mark Nardone, who is scheduled to be heard before the Southold Zoning Board of Appeals on Thursday, January 21, 2010 at 10:15am. Your appearance at said hearing is welcomed however not mandatory. Please see the attached notice for further details and feel free to contact our office with any questions or concerns you may have. We have also attached a copy of the survey showing the proposed work for your convenience. Very truly yours, Todd O'Connell, AIA TOC:mk 60 Carleton Avenue · Suite 202 · Islip Terrace, NY 11752 · phone: 631-859-3488 · fax: 631-859-3489 OCG OCG Architects, LLP Tuesday, January 05, 2010 Laughing Water Properties Assoc. P.O. Box 20 Southold, NY 11971 Re~ The Nardone Residence 1515 Minnehaha Blvd. Southold, NY 11971 Section 87, Block 3, Lot 50 To Whom It May Concern: Attached please find a legal notice pursuant to our client, Mark Nardone, who is scheduled to be heard before the Southold Zoning Board of Appeals on Thursday, January 21, 2010 at 10:15am. Your appearance at said hearing is welcomed however not mandatory. Please see the attached notice for further details and feel free to contact our office with any questions or concerns you may have. We have also attached a copy of the survey showing the proposed work for your convenience. Very truly yours, Todd O'Connell, AIA TOC:rnk 60 Carleton Avenue · Suite 202 · Islip Terrace, NY 11752 · phone: 631-859-3488 · fax: 631-859-3489 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 PUBLIC HEARING NOTICE IS HERESY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 260 (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: 10:15 A.M. MARK M. & ELIZABETH NARDONE #6342. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's September 2, 2009 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) less than code required rear yard setback of 35 feet, (3) less than the code required minimum side yard setback of 10 feet, and (4) over the lot coverage limitation of 20%, at 1515 Minnehaha Blvd. and Opechee Ave., Southold; CTM 87-3.50. 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.n¥.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 ~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: htlm//southtown.northfork.net 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 Postinfl for receipt by our office before January 19, 2010. 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: NARDONE, M # 6342 MAP #: 1000-87.-3-50 VARIANCE: SETBACKS + LOT COVERAGE REQUEST: ADDITIONS + ALTERATIONS DATE: THURS, Jan 21, 2010 10:15 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Town Annex/First Floor, No~th Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown,northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPHONE NUMBER= 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS= Please find attached copy/copies of the following: Thank you. Sender's Initials: '~ #9610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th day of January, 2020. ' '~ Principal Clerk Sworn to before me this day of ~010. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6'105050 Qualified In Suffolk County ~"~c~ Location: Town Annex/Fa'st Floor, No,ch F0rl~ Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http:llsoutholdtowa.northfotk, ne{ 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 # Date: 31,1! TOTAL NO. OF PAGES INCLUDIHG COVER: SENDER'S TELEP HoHEL~uMBEm REFERENCE:: 765-1809 (press ! at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. SendeesInifia~: ~ 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 March 1, 2010 Todd O'Connell For: Mark M. & Elizabeth Nardone 60 Carleton Avenue Islip Terrace, NY 11752 Re: ZBA # 6342 Dear Ms. Krug: Transmitted for your records is a copy of the Board's February 18, 2010 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. Very t~fl{, your~s, Vicki Toth Encl. ': -N -88' OPECHEE ...,- ' ' ' " ~" '" ' DEED "'" ',~ 87.56 / ~ SURVEY OF PROPERTY SITUA TED A T LAUGHING WATERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-87-0,5-50 SCALE 1"=20' JUNE 7, 2002 CERTIFIED TO: ~ .F .... 148.77' -.," S 87"38'30" W N/O/~' EILEEN cASTRO ~/k/a EILEEN GALLAGHER-CASTRO COPIES OF THIS SURVE~ MAP NOT BEARING THE LAND SUEVEh'OR'S INKED SEN. OR EMRO~ED SEAL SHALL NOT BE CONSIDERED TO BE A VAIJD TRUE COPY. THE ~(ISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE I~ N,Y,S. Lic. No. 49668 Joseph A. Ingegno Land Surveyor ~ffe Surveys - Sub.visions - Site Plon$ -- Construct~n Loyout PHONE (651)727-2090 Fex (631)727-1727 OFFTCES LOCATED AT MA~INGADDRE$S 1380 Roanoke Avenue P.O. Box 1931 Eiverheod, New York 11901 Riverhe~d, New york 11901-096 L.D. 43