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HomeMy WebLinkAbout6346 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 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF FEBRUARY 18, 2010 ZBA FILE #6346 NAME OF APPLICANT: Bryant & Mercy McEIroy PROPERTY LOCATION: 55 Inlet Lane Greenport, NY. CTM-43-4-38 RECEIVED Sou~ho,d T, wa Cler[ 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 November 13, 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 parcel is a non-conforming 13, 643.68 sq. ft. lot, with frontage on three roads; 80.68' on Inlet Lane, 1778.58' on Sandy Beach Road and 67.63' on Wood Lane. It is improved with a one story single family dwelling, as shown on a survey prepared by Joseph Ingegno dated Jan. 6, 1997, Shown on a project plan dated Sept. 15, 2009, submitted by the applicant's agent, there is also a 12' by 24' attached deck on the west side of the dwelling, which is not shown on the survey. BASIS OF APPLICATION: Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's September 29, 2009 Notice of Disapproval concerning an as built existing addition (deck) to a single family dwelling at less than the minimum rear yard setback of 35 feet. 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: Applicant is seeking relief from Section 280-124, which states on lots measuring less than 20,000 sq. ft. the minimum rear yard shall be 35 feet. The existing deck indicates a rear yard setback of 22 feet. 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: Page 2- February 18, 2010 ZBA File#6346 - Bryant & Mercy McEIroy CTM: 1000-43-4-38 at 55 Inlet La., Greenport 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties~ The neighborhood consists of many older, small beach type homes of similar size and type to the applicant's, mixed with newer larger homes built within the last 15 years. The applicant's existing deck addition is located on the west side of the dwelling, in an area that would be considered the rear yard. It is in keeping with the size and styles of the applicant's home as well as other homes in the neighborhood. The applicant's property has three front yards and the deck causes no significant visual impact or loss of privacy. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, because the existing home has been in its location for approximately 38 years. Any construction on this parcel will/would require a variance from this Board. 3. Town Law ~267-b(3)(b)(3). The variance granted herein is not substantial The existing northerly rear yard setback of the dwelling is 10.4 ft.. The applicant constructed the attached (as built) deck at 22 ft. from the same rear yard, thereby more than doubling the distance to the rear property line, which is 63% of present code requirements. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance for the (as built) deck in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's property is fiat with no drainage issues cause by the existing as built deck. 5. Town Law ~267-b¢3)¢b){5). The difficulty has not been self-created but is the result of the subject parcel having three front yards. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck while preserving and pretecting 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 GRANT the variance as applied for with the following conditions: The deck must remain open to the sky Within three months of the filing of this decision, and before a CO is issued by the Building Department, the applicant or his agent must file with the Zoning Board of Appeals office and the Building department an updated survey by a licensed surveyor showing all structures and setbacks, including the as built deck which is the subject of this application. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, and Schneider. (Absent was: Member HormT~,) )This/Resolutio~w_as duly adopted (4- 0). Leslie Kanes Weisman, Chairperson Approved for filing ~ / ~ /2010 S 87'05'00" E MARIE TOBER N 83'1.5'00,, W 0 1 O'S SURVEY OF PROPERTY SITUATED EAST OF THE VILLAGE GREENPORT TOWN OF SOUTHOLD SUFFOLK S.C. TAX OF COUNTY, NEW YORK No. 1000-45-04-38 SCALE 1"=20' JANUARY 6, 1997 FEBRUARY 24, 2010 UPDATE SURVEY AREA 13,643.68 sq. ff. 0.313 ac, CERTIFIED TO: PECONIC ABSTRACT, DIME SAVINGS BANK ARTHUR SINGER BARBARA SINGER OF NEW YORK ~IOARD OF APPEALS pREpARED IN ACCORBANCE WITH filE MINIMUM STANDARDS FOR TITLE SURV6Y$ AS ESTABLISHED BY THE LIAL5 ANB APPROVEB ~ FOR SUCH USE By THE NEW TITLE ASSOCIATION Lie. No 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fox (651)727 1727 96 381t FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: Septcnnber 29, 2009 TO: Jim Fitzgerald for B & M McElroy P O Box 617 Cutchogue, NY 11935 Please take notice that your apphcation dated September 16, 2009 For a permit for "as built" deck addition to a single family dwelling at Location of property: 55 Inlet Lane, Greenport NY County Tax Map No. 1000 ~ Section 43 Block 4 Lot 38 Is returned herewith and disapproved on the following grounds: The construction of an "as built" deck addition on a non-conforming 13,643 sq. comer parcel, is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum rear yard setback of 35 feet. The proposed survey, indicates a rear yard setback of 22'. Authorized Signature .~- ,,~.~ ! ~-) Z_, 1-~ COUNTY OF SUFFOLKJ DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A, ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: November 13, 2009 NOV 2 0 200 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 Martz, Theodore C. Jr. Garipian, Kamick & Haci McElroy, Bryant & Mercy Witzke, William & Patricia Curtis (Charles M.) & Harvey (Jane W.) Municipal File Numbers 6344 6345 6346 6347 6348 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) 8534044 Office Nates: APPLICATIO~O TH~ SOUTHOLD TOWN BOARD O~I~APPEALS __ Filed By: For O~tce Use Only Date Assigned/Assignment No. HonseNo. 55 Street Inlet Lane Hamlet Greenport SCTM 1000 Section 43 Block 4 Lot(s) 38 Lot Size 13644 s £ Zone R- 40 I OVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/29/09 BASED ON MAP DATED 9/15/09 Applicant(s)/Owner(s): Bryant ~ Mercy ~4cElroy MailingAddress: 18 Winkle Point Drive, Eatons Neck NY 11768 Telephone: 631 - 261 - $ 4 60 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: NameofRepresentative: James E. Fitzgerald, Jff)r()~)Owner, or ( )Other: Agent's Address: PO Box 617, Cutchogue NY 11935 Telephone 631-734-5800 Fax#: 631-734-7463 Email: jefi'tzge@suffolk.lib.ny.us Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~fAuthorized Representative, 'or [] Other Name/Address below: Vv~IEREBY THE BUILDING INSPECTOR REVIEVe~ED MAP DATED 9 / 15 / 09 AN APPLICATION DATED 9 / 15 / 09 FOR: [] Building Permit [] Certificate of Occupancy t3 Pre-Certifieate of Occupancy [] Change of Use ~ Permit for As-Built Construction 13Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ~ Article2(×I I I Section 280- 124 '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. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal }~ has, D has not been made at any time with respect to this propertyn UNDER Appeal No. 443 ~earl 996 . (Please be sure to research before completing this question or call our offwe for assistance.) RECrd~/rd~ 4432 n'~' i) =" ~OAR~ GF A~'P~ALS REASONS FOR APPEAL (additional sheets maF be used with preparer's sienature): 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: SEE ATTACHED SHEET (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [3 No. [3 Yes (nlease furnish coovt. 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 ) IF A USE VARIANCE IS BEIN~EQUEST~I~N~SASE COMPLETE THE S~re o~i ~Au,~rize~-.~g~t yt Sworn to ~ol~e me this / ~ day,~_,~ , 20 ~ Y . Nota~ Public UNDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Count~ '[erm Expires December 31,20 /L; Applicant: Bryant McElroy REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby prope~lies, if granted BECAUSE: The application directly involves the recognition of the existing as.built deck which has been in place for many years, the exact number unknown. Regardless of the fuct that it was constructed without a building permit, its size and design are compatible with many other structures both in the immediate neighborhood and throughout the Town, and its contin- ued existence will not result in a present change in the character of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The geometry of the property, bordered by streets on three sides, dictated the location of the house, which itself is non-conforming, and is such that there is no location for a deck which would not require a variance under the current Town Code. 3. The amount of relief requested is not substantial BECAUSE: The deck accounts for about 2% coverage of the property, and the total coverage including the deck is only about 11%. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: There will be no overall change in the effect, if any, on the physical or environmental con- ditions in the neighborhood, nor has there been any adverse effect reported during the time the deck has already existed. Has the alleged difficulty been self-created? ( X ) Yes, but by the previous owner ( ) No 6. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. ~ajties E. Fitzgerald, Jr., ent /r [, J.r.,~ent ~P'roper-T Permit Services Sworn to before me this../.?...~. ...... day of October, 2009. ~otary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffoik Count)'~, Term Expires December 31,20 /O ~,Og,gD O? ~p~/kLS APPLICANT'S PROJECT DESCRIPTION (For ZBA Refemnee) Applicant: Bryant ~qcElroy 1. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: N/A 10/16/09 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: D e c k. 2 4 x 12 Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A I11. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Wood deck 24' x 12', 2' above grade, with railing and two outside access stairways Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and Itt coverage (from surveyor): Existing square footage of buildings on your property: 1177 s ~' Proposed increase of building coverage: 288 s f Square footage of your lot: 13644 s ,~ Pementage of coverage of your lot by building area: 11% V. Purpose ofNew Construction: Outdoor relaxation, etc. 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): Flat - N/A 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 BO~go O~ BR ~T HcELROY 101 -43-4-38 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? [] Yes [] No Am there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. N/A 1) Are there areas that contain sand or wetland grasses? N o 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland buildin~ area? No ~N/A 4) lfyour property contains wetlands or pond areas, have you. contacted the office of the · ,~ N/A Town Trustees for ~ts determination of jurisdiction. Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: N/A 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. No If yes, please label ~.o~ ' and proposed use s am e ~les:~ ~ pT~ same with g~pool, or other description.) J~tmes E. Fitz erald, Jr. 9/30/09 Please list present use or operations conducted at this parcel Sing I e - £ami 1 y dwe 11 ing 2/05;1/07 BoaRD Oi: 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / McElroy Deck 3. PROJECT LOCATION: Municipality Greenport County Suffolk 4. PRECISE LOCATION (Street address and mad intersections, pmrninent landmarks, etc., or provide map) 55 Inlet Lane See attached maps. Greenport 5. PROPOSED ACTION IS: [] New [] Expansion [] Modificetion/a~teration 6. DESCRIBE PROJECT BRIEFLY: Recognize existing wood deck 24' x 12' attached to existing single-family dwelling. 7. AMOUNT OF LAND AFFECTED: initially less than 0.1 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe bdefly Rear yard setback is inadequate. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium-size private residences. r'~Agriculture [] ParkJForest/Open Space [] Other 10· DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --LI No If Yes, list agency(s) name and permit/approvals: Southold ZBA 11· DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12· AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No ~RTIFY THA~ I~r-O~MATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spon~s6~-name) Jame~fE.~.~ e ~-~. /~'~ Date: 9/30/09 Signature: I If t~action i; in thee;sial Are;, ;nd you are a state agency, complete the OVER ~ 90~' ~ 0 ~g~ Reset BOARD OF APPEALS PART II - IMPACT ASSESSMENT'~ be completed by Lead Agency) ,. ' A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, ccordinate the review process and use the FULL EAF. r-]Yes r-]No ',- B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r-]Yes r-]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise tevels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefiy: C2. Aesthetic, agdcuflursl, archaeologicel, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities tikely to be induced by the proposed action? Explain bdefl: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~[~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or raferenco supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts 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 documentation, that the Proposed achon WILl. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 9/30/09 Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from responsible officer) Reset APPLICANT TRANSACTIONAL DISCLOSURE FORM 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: Bryant ~{cElroy (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ // day. of ~.~'j/'~ zuoc~ PrintName: ' JBryantr'Mcl~lro¥ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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. AH 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. l) Name of Applicant: 2) Address of Applicant: Bryant and Hercy HcElroy 18 !~inKle FOlnt Drive, Eatons Neck NY 11'/68 3) Name of Land Owner (if other than applicant): Same 4) Address of Land Owner: S am e 5) DescriptionofProposedProject: Authorize existing as-built deck. 6) Location ofProperly (road and tax map number): 55 Inlet Lane, Greenport; 1000-43-4-38 7) Is the parcel within an agricultural district? [5~]No f-lyes If yes, Agricultural District Number 8) Is this parcel actively farmed? F~No [] Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the 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. 1. None Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers mfi~ined, in advance, when requested from either the Office of the Planning Board at orthe 765-1809. For t~9~l~i~x~r~pp~q~nt'- ~J '~' Date ' Not~// ~// /~ 1. ~ I~al ~d will ~licit ~mments ~m ~e owners of l~d i~mified ~ve in order to consider the effect of the pm~d ~ion on their f~ o~ration. Solicitation will ~ made by supplying a ~py of this statement. 2. Comments re--ed to ~e I~M ~d will ~ ~en into consideration ~ p~ of the ove~l review of~is ~plication. 3. Copies of the ~mplemd A~iculmr~ D~ Statement shMI ~ ~nt by ~pli~t ~or ~e cl~k of ~ ~d to the pm~ o~em identified a~ve. ~e ~ for m~ling sh~l ~ ~d by the ~plic~t m the time the a~lication is submi~ed for review. F~I~ to ~y m such time meres the application is not complem ~d ~not ~ acted u~n by the ~d. 1-14-09 BO$~p.D 0I: ~pp~l~LS Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 October 16, 2009 (63t~ 734-5800 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; SCTM #1000-43-4-38; Bryant and Mercy McElroy Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the existing deck on the property of Bryant and Mercy McElroy located at 55 Inlet Lane in Greenport. Proper-T Permit Services represents Mr. & Mrs. McElroy in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $400) Application (7 copies) Prior Appeal No. 4432, 11/19/96 (7 copies) Project Description (7 copies) Letter of Authorization (7 copies) Transactional Disclosure Form (7 copies) ZBA Questionnaire (7 copies) Agricultural Data Statement (7 copies) Project Plan, dated 9/15/09 (7 copies) Notice of Disapproval (7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Survey of Property; Ingegno, dated 1/6/97 (7 copies) Town Property Card (7 copies) Project Site Photos (7 copies) Photo View Angles (7 copies) Yours truly, a subsidiary of THE PECONIC EASTERN CORPORATION 4~(- 9~-~-~j~ TOWF OF SOUTHOLD PROPERTY RECORD CARD ~ND IMP. TOTAL DATE REMARKS N~ NO~AL BELOW ABOVE f ~ FA~ Acre Value Per Value Acre Tillable 2 Tillable 3 WoOdland ~O~O O~ ~Y~"- Swampland FRONTAGE ON WATER ~.u.h~*na ~ONT*~E ON ,O*D ~ 7~ ~;~ ' ~.~ COLOR M Bldg. Extension Extension Extension Porch Porch Breezewo Garage Patio O: B: Total Foundation Basement Ext. Walls Fire Place. Type Roof Recreation Roan Dormer Drivewoy Bath Floors ~-nterior Finish Heat Rooms l~t Floor Rooms 2nd Flora Dinette LR. DR. BR. FiN. B. A oc,~y ~ 0 R I THE AREA OF THE PROPOSED A R PROJECT IS CIRCLED PIPES COVE Hay Be~ch P~ \ Cornelia# ~ VICINITY MAP Application regarding the property of Bryant McEkoy, SCTM #1000-43-4-38 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 30, 2009 2 THE SITE OF THE PROPOSED PROJECT IS SHADED $ 7 $ ' 7 RECEIVED BOARD OF APPEALS Application regarding the property of Bryant McElroy, SCTM #1000-43-4-38 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Seotember 30, 2009 Proper- T Permit Services R~CEIVED0 POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 80ARD OF APPEALS (631) 734-5800 December 18, 2009 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; SCTM #1000-43-4-38; Bryant and Mercy McElroy Dear Sir: Here are additional drawings and supporting documents as office staffrequested recently: Certificate of Occupancy Z-3067, May 6, 1968 - 8 copies If anything else is required, please call me. J es E. Fitzger r c/ Elevation Drawings, December 17, 2009 - 8 copies Project Plan, Revised December 17, 2009 - 8 copies a subsidiary of THE PECONIC EASTERN CORPORATION -¥/~/~ S 87'05'00" E N 85'15'00" W LOT COVERAGE Ama of properly 13~844 sq. fL ~£CEIVED 3OA~D OF APPEALS PRO~ECT PLAN DECK II .n~OUTH ELEV^TION ~ECEIVED Z4'-7* ~: .EA.~T ELEV,~TION .SCALE: 1/~" = 1' ELEVATION DRAWINGS Application regarding the property of Bryant McElroy, SCTM #1000-43-4-38 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 December 17, 2009 TOWN OF SOUTHO. LD BUILDING D]iPARTMENT TOV~N HALL, SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20 Approved ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Tmsteas Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector ~kPPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS September 15 ,2009 o. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning ameodments 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 of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building ebde, housing code, ~fl~q~ons, and to admit authorized inspectors on premises and in building for necessary inspectioT(~//~' ~~~ J"' Z(Signstum PROPER-T PERbllT S~.;m/ICl~z/~7 ~ o~fappl~,~or '~m~, if ~t-orporation) (Mailin~ addr~s of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Applicant is the agent of the owner. Name of owner of premises Bryant McElroy (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 Tmde's License No. 1. Locat[o~n o~f 1 ~and.on~which p~posed work~ will be done: hb llllet Lane, t~reenpor~: House Number Street County Tax Map No: 1000 Section Subdivision 43 Hamlet' Block 4 LOt Filed ' ' '~' !'~'~ ~ ~c'?,j - t 38 2. State existing use and occupancy of promises and intended use and occupancy of proposed constmetiun: a. Existing use and occupancy private contemplation; social activities b. Intended use and occupancy s amc 3. Nature of work (check which applicable): New Building 4. 5. Repair Removal Demolition Estimated Cost existing structure Addition Alteration OtherWork attached deck (Description) Fee (To be paid on filing this application) If dwelling, number of dwelling units N/A Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify namr~ and extent of each type of use. N/A 7. Dimen.sions of existing structures, if any: Front 24' Rear 24 Height $ ' - 1" Number of Stories Dimensions of same structure with alterations or additions:' Front Rear Depth Height 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front 179' Rear 192' Number of Stories - Rear Depth Dep~ 68'-81' var 10. Date of Purchase 2009 Name of Former Owner Singer 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES × NO__ 13. Will lot be m-graded? YES NO X Will excess fill be removed f~om premises? YES NO__ Bryant McElroy, 18 Winkle Point Drive, Northport, NY 11768 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a f~eshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO X STATE OF NEW YORI~) COUNTY OFFS:' James E. Fitzgerald, Jr. being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contracO above named, (8)He is the agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewitE Sworn to before me this 0 ~ ,. ~ I (.0/~ dayof~)~ 200~ ( ]_ ~ _.~ro,~-~ - -- , - Notary Public LYNDA M-P~3:{;; ~"~' '~ - ~atore : SO, o~_ ~o20~$~, Suflel~ C~,,m~ 1/ TOV~N OF SOUTHOLD I~UILDING DEI~ARTMENT TOWN CLEIIK'S OFFICE soUTI-IOLD, N. Y. OEETIFIOATE OF OCOUPANOY THIS CERTIFIES that the building located at .~11~.$.~ .~:. ~alr..~o~,il ......... Street Map No...~..~. ....... Block No.....lllfit~.. ...... Lot No..~IX ..... I~eenpor. t~..~,g, ..... conforms substantially bo the Application for Building Pm~nit heretofo~'e filed in. this office dated ......... .F.e.]~ ..... ~6 ..... 19..68 pursu'ant to which Building Permit No..~.80Z .. dated ....... i...F.~.~.' ..... .2.~..., 19.~.8., was issued, and conforms to all of the require- ments ,of tile applicable provisions of the law. The occupancy f.or which this certifica~ce is issued is .. ~ .~.V.~t~;.~.. Ol~. ~.allll~y..dwelling ......................................... The certificate is issued t.o ...~l. clWal~l..~Obel' ........... 0l~eN ........................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Appi~oval . .}i.~r...~..~9~.8...blt. I~,..~:t~h~t .... Building Inspector/ FORM 1~0. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OF~:ICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N9 3067 z Date ........................... ~.~.~.~,~. ....... ~.,,~. ........ , 19..~L.~.. Permission is hereby granted to: ...... Sour, hold to , ...l~l~i1,4....l%~.W. · .QtO-a,, £,a~'o~- 1,~:.. ~t~e-1 t:~n ~ ................................................................................... at premises located at ...~/.~.....]~,~.~,..])~,,.~ .......... ~.Q'Jl'~P~,~..,]~,.,~, ................................................. pursuant to application dated ........................... ~.P.~.~...~. ....... ~.~. .......... 19..~...~..., and approved by the Building inspector Fee $..., .~..O..t..O..0. ........ Building Inspector FRONT ELEVATION h'vi~g room bedroom /1! bodroo,'q j 1 REVISIONS % EDWARD TOBER 18 Winkle Point Drive Northport, NY 11768 Chairpman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for an existing deck on my property located at 55 Inlet Lane in C, reenport and designated by Suffolk County Tax Map No. 1000-43-4-38, and to furnish, upon request, supplemental information in support of the application. S~erely, Bryanl>i¥lcElroy PHOTO A: Looking ENE. (9/17/09 at 1720 hrs) PHOTO B: Looking ESE. (9/17/09 at 1725 hrs) PROJECT SITE PHOTOS Application regarding the property of Bryant McElroy, SCTM # 1000-43-4-38 Represented by PROPER-T PERMIT SERV1CES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 30, 2009 87'05'O0" 85'15'00" W I I · '1 I Nor TO SCALE PHOTO VIEW ANGLES BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Rail 53095 MaLu Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4432 ACTION OF THE BOARD OF APPEALS 11119/96 APPLICANT: MARIE TOBER SUBJECT PARCEL: 100 Wood Lane, Greenport. 1000-43-04-33. ADJOINING PARCEL." 55 Inlet Lane, Greenport; 1000-43-4-38. GROUNDS OF REQUEST/REFERRAL: Building Inspector Notice of Disapproval issued October 9, 1996 stating "...Under A~ticle II, Section 100-25A(1) non-conforming lots sometime after Jnly' 1, 1983 .... " TYPE OF REQITEST: :~ Waive~ unde~ Article II, Section 100-26. OT~[~ INFORMATION: and Mrs. Ken.ueth C. Rogers 6/17164 during 12,500 sr. zoning size 2. Tbe ad~oiu~ng lot #~8 consists of a lot area of 14,500+- sr., whiah in 3. Deeds have been furnished to show the lots were singte and sepax-ate up until the date of death of Mr. Tober (see l~_ference on Assessor*s Property Card of 2/99). REASONS FOR GRANT OF WAIVER: 1. The above facts ale hereby reiterated and included. 2. Each has alwmys had single tax bflis s~nce lot e~eation dates. 3. The 12,500 sq. fi. zo.~n~ was adopted by Town on 4/23/57 (lot merger theory was not strictly enforced since about 1981/1983 for local zo~{n matters ). This neighborhO6~ consists of many lots ~.d].. in size. 5. The land .will not'ireq~ a change or alteration in contotlrs or slope-~, or substantial mm.~.of ]aud. 6; The increase in-density by this lot waiver is for "one house" sine~ one of the properties' ha~ air.dy been i~roved with single-fa~y 7. Most lots in this ~development have been built upon. MOTION MADE By',; G. Goehringer SECONDED BY J. ACTION/RESOLUTION ADOPTED: Waiver granted as applied (each for County P~g~ 2 - Appl. No. 4432 Waiver Reques~ - Marie Tober Decision ~endered November 1~, 1996 James Dil~izio, Jr. Nay: Member VHla {due :o the stall she of the lots (under 20,000 sr.) and that ii is his opinion it is not i~ character ~vith of the lots in the al~ea.} This resolu~o~uly ad~)~/ /GERED p. GOEHRI}~GER, 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 22, 2009 Zoning Appeal No. 6346 Transmitted herewith is Zoning Appeals No. 6346 of James E. Fitzgerald for Bryant & Mercy McElroy- the Application to the Southold Town Zoning Board o£Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Cover Letter from Proper-T Permit Services, Authorization letter from Bryant P. McElroy to James E. Fitzgerald, Jr. to Represent them in this Matter, Notice of Disapproval from Building Department Dated September 29, 2009, Photos of Deck as it exists and on back sites where photos were taken, Action of the Board of Appeals Dated November 19, 1996, Copy of Survey of Property Dated September 15, 2009, Vicinity Map Dated September 30, 2009, Tax Map Dated September 30, 2009, Copy of Property Record Card, Survey Dated January 6, 1997 Prepared by Joseph A. Ingegno Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-22-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6346 McEIroy, Bryant & Mercy2072 $400.00 RECEIVED Southold Town Cler~ TOTAL $4oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ~ ES Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/22/09 * * * RECEIPT * * * Receipt~: 60805 Transaction(s): 1 1 Application Fees Reference Subtotal 6346 $400.00 Check#: 2072 Total Paid: $400.00 Name: Mcelroy, Mercy & Bryant 18 Winkle Pt. Drive Eatons Neck, NY 11768 Clerk ID: CAROLH Internal ID: 6346 RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK 3OARD OF APPEALS In the Matter of the Application of BRYANT and MERCY McELROY Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM 01000-43-4-38 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 4t~ day of January, 2010, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: January 5, 2010 Sworn to before me this 5t~ day of January, 2010: Notary Public LYNDA NOTARY PUBLIC, State of New York NO. 01 B06020932, Suffolk County Term Expires March 8, 2Or,~ ~{ ~F~IAL USE Certified Fee ~ (Endorse ment Required) ~[ ~chael J. Chlnn~cl ~ }~:m:~--3--~-~-5-~-6-¢'~'~F~' ................................. i o~xNo. Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver/Fee (Endorsement Required) ~.. ~0 Here ~.00 Total Postage a Fees $ $5.~ 01/04/2010 SentTo William A. Hickson Jr. ~;r;-a:-~:~:;-"~-"TJi'fi2'B'I'6:'"FI'~:~'~ ............................ $ $5.54 01/0~/2010 Theodore N. Petikas Postage ~0. ~l 0~ Ce~{fied Fee TotaIPos~ge & Fees $ ~5.~ P~F~ ~ A L $ $5.54 USE 01/04/2010 O Return Receipt Fee [~ (Endorsement Reo. utma') I~1 (Endo~ement Required) Joseph A. PO Box 780 01/0~/2010 Proper-T Permit Sen;ices P.O. Box 617, Cutchogue NY 11935 Phone: 63%734-5800 Fax:631-734-7463 MEMORANDUM TO: Vicki Toth - ZBA Office FROM: Jim Fitzgerald SUBJECT: McEIroy, 06346 DATE: 1/12/10 Donald Halligan, SCTM #1000-43-3-9, is deceased and the Post Office would not give the Certified Mail, addressed as per Southold Assessor's listing, to Mrs. Halligan without a court order, or something. She called me and I explained the project and the situation to her satisfaction. Here's the returned mailing. RECEIVED BOARD OF APPEALs i,-ii,,,iil,i,,,I,,i,l,,lli,,,hh,lh,,,h,lh,i,,i.iJh,i December 24, 2009 BRYANT McELROY: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-43-4-38 Bryant McElroy 18 Winkle Point Drive Eatons Neck, NY 11768 NOTICE SENT 1000-43-3-9 Donald Halligan PO Box 784 Greenport, NY 11944 1000.43.4-37 Anthony P. Peluso 185 Inlet Lane Greenport, NY 11944 1000-43 -3 - 10 Katherine Kavountzis 1200 Sandy Beach Road Greenport, NY 11944 1000.43.4-39 Michael J. Chinniei 3 Rezso Court East Patehogue, NY 11772 1000.43.4-26 William A. Hickson, Jr. 4 Lincoln Place Port Washington, NY 11050-3221 1000.43.4.40 Donna M. Chinnici 3 Rezso Court East Patchogue, NY 11772 1000-43.4-33 Theodore N. Petikas 225 Stewart Avenue Bethpage, NY 11714 1000-43-5-6 Joseph A. Cormrino PO Box 780 Greenport, NY 11944 RECEIVED 8OARD OF APPEALS · Complete items .1, 2, end 3. Ns• complete item 4 if Restricted Delivery is desired. · Print yoOr name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space parmits. 1. Article Addressed to: Donna M. Chinnici 3 Rezso Court East Patchogue NY 1177; 2. Afficle Number (rrans~r from serv/ce labe0 Form 3811, Fe~004 DAg~t B. Received by (Pr/nted Name) D. ledalNe~addressdiffemnt from itam 17 [] Yes l~Cmllfled Mall [] F-xpress Mall [] Registered [] Retum Recalpt for Merchandise [] Insured Mall [] C.O.D. Ex~a Feet [] Yes 7008 1300 0001 7023 5733 Domest~ Retum Receipt · Complete items,I, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print yoOr neme and address on the reverse so that we can return the card to you. · Attacfii ihq~-card to the back of the mailpiece, or on the Wont if space permits. 1. Article Addressed to: ,ichael J. Chinnici 3 Rezso Court East Patchogue NY B. Received by ( Pr/hied Name) C. D. ledallve~yaddressdifferentfmmiteml? DYes If YES, enter delivery address below: [] No 4. Restricted Delivery? {Exlm Fee) [] Yes 2. ,~'tleleNumber 7008 1300 0001 7023 5726 PS F~ 3811, F~ 20~ ~m~ic R~um R~pt 1~-~1~ '/, DOE] d o o · C0mplete items .... ~, 2, and 3 Also complete A. Sign•tums, ~, ~ .~mat"-' item 4 if Restricted Delntery ~s destred. ~¢ '~'~ ,oJj / [] Addre~ee · Print yo0r name and address on the reverse . ~ - ~ so that we can return the card to you. B ~ I , I ~.lve~7 · Attach this card to the back of the maltpiece, l"~lu~ or on the Wont if s ce permits - or on the front ~! space perm~. [~. le dalive~y addmes different from item 1 ? D Yes 1. Article Addressed to: if YES, ente~ dalivery address below: uno Anthony P. ?eluso 185 Inlet Lane Greenoort, NY 11944 I I [] Registered [] Return Receipt for Merchandise [4. Restflcted Dellvery? (Exfm Fee) []yes 2. A rtlcleNumber 7008 1300 0001 7023 5719 PS Form 3811, February 2004 Domestic Return Receipt 10359S-O2-M-lS4O January 22, 2010 Chairwoman Southold Zoning Board of Appeals 53095 Route 25 Southold, NY 11971 Re: ZBA #6346, Bryant and Mercy McElro¥ Dear Madam: This will confirm that I am the owner of the property at 1090 Sandy Beach Road, Greenport, SCTM #1000-43-3-9, and that that attached documents referring to a Zoning Board public hearing which took place yesterday, January 21, 2010, were delivered to me today. I understand that although the public hearing has already taken place, I may call the Zoning Board at 631-765-1809 to discuss the matter if I have any comments or questions. Sincerely, Emily Halligan TO: Date: January 4, 2010 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) RECEIVED BOARD OF APPEALS ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Bryant and Mercy McElroy, SCTM #1000-43-4-38 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submitted to the Zoning Board of Appeals for a variance to allow: Issuance of a Building Permit and Certificate of Occupancy for the existing wood deck 24' x 12' attached to the existing single-family dwelling. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 55 Inlet Lane, Greenport, NY 11944 I A public hearing will be held at Town Hall at or about 11:05AM on Thursday, January 21, 2010, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734~5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Bryant McElroy Winkle Point Drive Eatons Neck, NY 11768 631-261-5460 18 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. 22, 2010 BRYANT McELROY: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-434-38 Bryant MeElroy 18 Winkle Point Drive Eatons Neck, NY 11768 NOTICE SENT 1000-43-3-9 Donald Halligan (deceased) (Emily Halligan) PO Box 784 Greenport, NY 11944 1000-434-37 Anthony P. Peluso 185 Inlet Lane Greenport, NY 11944 1000-43-3-10 Katherine Kavountzis 1200 Sandy Beach Road Greenport, NY 11944 1000-43-4-39 Michael J. Chinnici 3 Rezso Court East Patchogue, NY 11772 1000-434-26 William A. Hickson, Jr. 4 Lincoln Place Port Washington, NY 11050-3221 1000-43-4-33 Theodore N. Petikas 225 Stewart Avenue Bethpage, NY 11714 100043440 Donna M. Chinniei 3 Rezso Court East Patehogue, NY 11772 1000-43-5-6 Joseph A. Corrarino PO Box 780 Crreenport, NY 11944 Proper-T Permit Servtces P.O. Box 617, Cutchogue NY 11935 P'l~one: 631-734-5800 jefitzge@suffolk.lib,ny.us Fax: 631-734-7463 MEMORANDUM DATE: January 22, 2010 TO: Vicki Toth - ZBA Office FROM: Jim Fitzgerald SUBJECT: ZBA 06346, Bryant and Mercy McElroy Th~ attached document, a print-out from the USPS website, with an attached mailing receipt, indicates that the notice of the January 21, 2010 public hearing, along with the other required information, was received by Katherine Kavountzis on January 11, 2010. P.S. Also attached is one of the green receipt cards that I received yesterday, after the ZBA hearing. It's from William A. Hickson, Jr. · Complete items 1, 2, and 3. Also complete item 4 if Rest~icted 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 maJlplsoe, or on the front it space permits. 1. Article Addressed to: ~,[illiam A. Hickson Jr. 4 Lincoln Place Port Washington NY 110 x D. ladellve~yaddressdiff~mntfmmlteml? uYes ff YES, enter dailve~ address below; r-INo ~Lceft~fled Mall [] Express Mall [] Insured Mall [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] yes 2. ArtlcleNumber 7008 1300 0001 7023 5696 PS Form 3811, February 2004 [Xxnestic Retum Receipt lO2595-02-M-1540 USPS - Track & Confn'm Page 1 of 1 Home [ Help I Sign in Track & Confirm Track & Confirm FAQs Search Results Label~ece~t Number 70~ t300 0001 7023 5689 Class: F~mt-Ctass Mall~ Sen~se(s): Ce~ed Mail" Return Receipt Status: Delivered Your item was delivered at 12:42 PM on January 11, 2010 in GREENPORT, NY 11944. Track & Confirm Enter Label/Receipt Number. Detailed Results: · I)eihpm'ed, danuary 11, 2010, t2:42 pm, GREENPORT, NY 11944 · Notice Left, January 05, 20;0, 4,1:48 ant, GREENPORT, NY 11~,4 ·Arttval at Unit, JanuaW 05, 2010, 9'.80 am, GREENPORT, NY 11944 · Acceptance, January 04, 20t0, t:59 pm, CUTCHOGUE, NY 11939 Notification Options Track & Confirm by email Get currant event information or updates for your item sent to you or others by email. ( Go >, Site Map Customer Service Forms Copyright© 2009 USPS. All Rights Reserved, Gov't Services Careers Privacy Policy No FEAR Act EEO Data FOIA O Terms of Use Business Customer Gateway Katherine Kavount zis http://trkcnfrm I .smi.usps.com/PTSIntemetWeb/InterLabelInqtdry.do 1/22/2010 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of BRYANT and MERCY MeELROy Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-43-4-38 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 1 lth day of January, 2010, I personally placed the Town's official Poster, with the date of heating and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, January 21,2010. Dated: January 21, 2010 Sworn to before me this 21st day of January, 2010. BONN1EJ. DOROSKI Notary Public, State Of New York No. 01D06095328, Suffolk Cpun~ Term Expires July 1, 20 ~[ /~es E. Fitzgerald} 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 P.O. Box 1179 Southold. NY 11971-0959 80ARD OF AppeALS 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: 11:05 A.M. BRYANT & MERCY McELROY ~346. Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's September 29, 2009 Notice of Disapproval concerning existing addition to a single family dwelling at less than the minimum rear yard setback of 35 feet. Property located at 55 Inlet Lane and Sandy Beach Rd., Greenport; CTM 43-4-38. 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 prfor to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~Town. Southold.ny.us. Dated: December 22, 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 O~ce Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http :llsoutholdtown.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 I 1971-0959 TO: ~ Date: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPHONE NUMDER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the foUowing: Thank you. Sender's Initials: ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box `1 '179 Southold, NY `1 `197`1-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 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 during 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 Mailing (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 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. #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 I week(s), successively, commencing on the 7th day of January, 2020. -- P~ncipal Clerk Sworn to before me this day of ~~010, --' CHRISTINA VOL ,S NOTAEY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified In ,Suffolk County ,~.ofltmlillOli IlIplflFI.IIfelllruery aS, ~:O'l 2 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MCELROY, B & M # 6346 MAP #: 1000-43.-4-38 VARIANCE: SETBACK REQUEST: EXISTING ADDITION DATE: THURS, Jan 21, 2010 11:05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days b~;tween 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 March 3, 2010 (631) 734-58OO RECEI'VED ~OARD OF APPEALS Ms. Leslie Kanes Weisman, Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA File #6346; Bryant and Mercy McElroy Dear Ms. Weisman: As the Board requested, attached are an original and seven copies of an updated survey of the McElroy property showing the deck and its setbacks. Enclosure: Survey (Corwin, last dated 2/24/10) - Original plus 7 copies cc: Michael Verity. Building Department - One copy a subsidiary of THE PECONIC EASTERN CORPORATION Office Location- 'Ibwn Annex/Fa'st Floor, Norffa Fork Bank ~1~75 ~ Road (~t Youngs Avenue) $outhold, NY 11971 htlp'-//souflaoldtown.notflff0fl~.net BOARD OF APPEAL~ ' TOWN OF SOUTHOLD Tel. (631} 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: Date: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGE~ REFERENCE:: SENDER'S TELEPHONE NUMBER: 765-1809 (p. ?ss 1 at v~ice recording) [] LIKGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copie~ of the following:. Thank you. Sen&es Initials: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 22, 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 # 6346 McEIroy, Bryant & Mercy Action Requested: "As Built Deck", rear yard setbacks Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ., ( ) Boundary of Agricultural District '~ ( ) 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. Gerard P. Goehringer By: 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 Bryant & Mercy McElroy C/O James E. Fitzgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: ZBA # 6346 Dear Mr. Fitzgerald: 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 tnfly yours, Vicki Toth Encl. Town Annex/Fa'st Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net BOARD OF APPEALS ' TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEEl: Date: REFERENCE:: TOTAL NO. OF PAG4S INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 .(press I at VOice ~ecording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTE$1COMMENTS: Please find attached copy/copies of the follow~. Thank vou. Sender's Initials: NEW YI~RI~ .OT,CE COUNTY OF SUFFOLK (~) . 11.-,' $oUTHOI-D ~-'""'~ ~- ~,, ,~ ,~ 043 PREPARED IN ACCOROANCE WiTH 1TIE MINIMUM STANDARDS FOR TITLE SUrVeYS AS ESTABLISHED BY THE L,I,ALS AND APPROVED AND ADOPTED FOR SUCH [J~E BY THE NE~/ YORK ~TAI~ L~ND SURVEY OF PROPERTY S[TUA TED EAST OF THE VILLAGE OF GREENPORT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-43-04-38 SCALE 1"=20' JANUARY 6, 1997 N.Y.S. L,c, No, 49668 AREA = 13,643.68 sq. ff. OF NEW YORK THE EXIS'rENcE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Joseph A. Ingegno Land Surveyor PHONE (516)727-20g0 Fox (516)722-5095 OFFICE5 LOCATED AT MAILING ADDRESS