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Home My WebLink About6347 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 RECEIVED Tel. (631) 765-1809 Fax (631) 765-9064 ~ ~ 3'. FINDINGS, DELIBERATIONS A~O OfiT~R~I~ATIO~ ~ ... MEETING OF MARCH 25, 2010 '~-' "--So~oHTo~ ZBA FILE 6347 NAME OF APPLICANT: Patricia Witzke PROPERTY LOCATION: 280 Laurel Ave., Southold, NY CTM 1000-56-3-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without fudher steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated 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. 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. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 16,159 square foot parcel in the R-40 District. The northerly lot line measures 92.50 feet, the easterly lot line, forming the rear yard boundary, measures 172.50 feet, the southerly lot line measures 92.36 feet, and the westerly Iol line, forming the front yard boundary on Laurel Lane, measures 187.50 feet. The property is improved with an old single-family dwelling, which is in a condition of disrepair, and is uninhabitable, and a small, detached accessory garage, as shown on the site survey drawn by John T. Metzger, dated March 2, 2004, last revised Sept. 28, 2009. BASIS OF APPLICATION: Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's October 13, 2009 Notice of Disapproval concerning proposed demolition and construction of 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. RELIEF REQUESTED: The applicant proposes to demolish the existing dwelling and accessory garage, and construct a new single family dwelling on the site, as shown on the site survey drawn by John T. Metzger, dated March 2, 2004. The Applicant proposes to maintain an existing 22.5 ft. front yard setback, and to increase the non- conforming area by placing the new building parallel to Laurel Ave. rather than at the same angle to the road as the existing building. The Applicant proposes to change the rear yard setback from 23.2 ft at the south-east corner of the Page 2- March 25, 2010 ZBA File#6347 - Witzke CTM; 1000-56-3-3 at 280 Laurel Ave., Southold existing building to 30 ft on that corner of the new construction, with a new overall rear yard setback of between 30- 31 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application Feb. 25, 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267.b{3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicant will demolish a derelict and uninhabitable structure on this site and replace it with a newly constructed single-family dwelling. The new building will improve the character of the neighborhood 2. Town Law §267-b{3)lb)(2). The benefit sought by the applicant, including the granting of alternative relief, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant can not construct a new single family dwelling of any ordinary dimensions on this property without variances due to the narrow depth of the parcel in relation to the location of the front yard on Laurel Ave. 3. Town Law 6267.b13)(b)(3). The variance granted herein is substantial for the requested front yard relief of 35%+/-, and is not substantial for the requested rear yard relief of 14% +/- from the Code required front and rear yard setbacks of 35 feet. 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 Applicant will construct a new, approved septic system for the new building. Two letters of support for the Applicant have been submitted to the file from residents of the neighborhood. 5. Town Law §267.b{3)(b)(5). The difficulty has been self-created. The Applicant can construct a new single family dwelling on this site without variances being granted because of the depth of the properly. However, the lot is very shallow and long which creates limitations on the design of a dwelling. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new sinqle family dwelling 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 Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey drawn by John T. Metzger, dated March 2, 2004, last revised Sept. 28, 2009 and the architectural drawings by Apex Homes. Inc dated 7/22/09 and labeled front elevation, 2® story floor plan, and 1st story floor plan. 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 Page 3- March 25, 2010 ZBA File#6347 - Witzk¢ CTM: 1000-56-3-3 at 280 Laurel Ave., Southold 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: All. Members Weisman (Chairperson), Dinizio, Geohdnger, Horning, Schneider. Resolution was duly adopted (5-0). Leslie Kanes Weisman, Ohairperson Approved for Filing' ~/'A-~'/2010 / This 3.1 MAE 3 0 20~0 oulhold Town Clori I om familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the ~errnit to construct. T~e location of wells and cesspools shown hereon are from field observations and or, from data obtained from others. TEST HOLE DA TA' McD~IALD GEOSClENCE EL. I~8' ~ , DARK BROM LOAM fl..fir el I ~RO~OSED s~rtc SYSTEM (~- ~~- I- ~ EITH 3' SA~ (EW} C~LAR ~ DOWN TO ~ (~ ~ ~ T~L A~ ~ ~ EXISTING CES~OOL TO BE REMOVED EXISTING (HOUSE, GARAGE, PA TIO) 1,770 / t6,159 x 100=11.0~ PROPOSED (HOUSE, GARAGE) 2,121 / 16,159 x 100=13.1/~ ANY'ALTERATION OR ADDITION TO THIS $UR~tEY IS A VIOLATION OF SECITON 72090F THE NEFF YORK STATE EDUCATION. LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS M,%~ AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. EX/STING HOUSE, GARAGE, TO BE REMOVED. , /: AND SEPTIC SYSTEM -% SURVEY O? PROPERTY A T $OUTHOLD TO WN OF $OUTHOLD SUFFOLK COUNTY, N.Y. 1000-56-03-03 SCALE: I'--30' MARCH 2, 2004 AUGUST I1, 2009 (B.O,H. · PROPOSED HOUSE) SEPT. RS~ 2009 (REVISED SEPTIC SYSTEM] FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED I, 12.~, I o AREA=16, 159 SO. FT. /.. ::,~;~:----., Cc (631) 765-50~~ 5-1797 P.O. BOX 909 ~"~ ~FINAL MAP REVIEWED BY DECISION SEE DATED I ~:~: FINAL MAP REViEW~_~ .................................. ' ................................................... ,~EE DECISION ~ ~ ~ ........... ~ ........ - ..................................................... DATED ., ~%¥,'~'~.,- ~ ~ .......... ................................... REVIEWED BY SEE DECISION FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: October 13, 2009 TO: W & P Witzke 532 Laurel Ave. Southold, NY 11971 Please take notice that your application dated October 5, 2009 For a permit for demolition & construction of a single family dwelling at Location of property: 280 Laurel Ave., Southold, NY County Tax Map No. 1000 - Section 56 Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: The construction of a new dwelling on a non-conforming 16,159 sq. ft. parcel, is not permitted pursuant to Article XXIII Section 280-124 which states: 'q'his 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 an~l have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum front & rear yard setback of 35 feet each. The survey indicates a proposed fi'ont yard setback of 22.5' & a rear yard setback of 30'. Authorized Signature '-- ~ ! ]/z- j ~--~- COUNTY OF SUFFOLK3 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 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 Pursuant to the requiremems of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Martz, Theodore C. Jr. Garipian, Kamick & Haci McElroy, Bryant & Mercy Witzke, William & Patricia Curtis (Charles M.) & Harvey (Jane W.) 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) 853-4044 For Offtce Use Only Fee: $ ~ (fl) Filed By: Date Assigned/Assignment Office Notes: House No. g~O Street Lc.-t,~,--~, (.. ~-, Hamlet SCTM 1000 Section 56, Block O3 Lot(s) O.3 Lot Size t'&, 167 ~,~/.Zone r¢~,L~! I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s): ~; ~ ~'~.~ "3'. Telephone: ~3)- ~/65- ~1~ Fax#: NOTE: In addition to the abov~ plea~ ~mplete below if application is signed by appli~nt's a~orney, agent, architec~ builder, contract vende~ etc. and name of per~n who agent represent: Name of Representative: ~ ~' ~ for (~Owner, or ( ) Other: Agent'sAddress: 5~ ~ t.¢..o,.~ (. ,/g,.~. ~o,~ ~ l.,oL¢) , ~"[ Telephone (~3t-7b~- ~'fl~ Fax #: Email: Ple~pheCk box to specify who you wish correspondence to be mailed to, from the above names: plicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED qi~%tacl AN APPLICATION DATED '~ ~ ~,~,1o~ FOR: ~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use 13 Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article ~¢ g Ii I Section 280- I'J, ~ Subsection Type of.A, ppeai. 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, ll~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.) REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): .4REA 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: 4-~. '-,~9 ~-~,~.4-,,-~. c.~{3r~-~{$ e~t) (2) applicant to pu~u{j,.otber than an area variance, because: (= k~. ~.,~,~,~ (3) The amount of relief r~uested is not substantial because: The benefit sought by the applicant CANNOT be achieved by some method feasible for the (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~,~... r-,~o ~ ~,.e..~o-.~,. t.o ~ LL la~... (5) Has the alleged difficulty been self-created? ( )Yes, or ~o. and Restrictions concerning this land: ~No. E] Yes (~lease furnish Are there Covenants 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 VARL4NCE SHEET: (Please be sure to consult your attorney.) Signature of Ap~l~llant oldAuthorized Agent Sworn tg.,befm:e mc this ~ (Agent must submit written Authorization from Owner) day of ~ 20~. N"O~r y Public OAROL A. MILLER NO'IARY PUBLIC, STATE OF NEW YORK NO. 01MIBOO308B QUALIFIED IN SUFFOLK DOUNTY ,., COMMISSION EXPIRES FEBRUARY 23, Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) (.._9 ~'a ~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~6 Dimensions of new second floor: (06' Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: HI. Proposed Construction Description (Alterations or Structural Changes) (attach exa'a sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~h I ~,1 :~, Square footage of your lot: I (~ 15q Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: ~- $,~O-y S'~'~.~- ~'~..~'~'~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII lNG WITH YOUR Z.B.A. APPLICATION Is the sub!ec3 premises listed on the real estate market for sale? [] Yes ~_~ there any proposals to change or alter land contours? o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? exO 2) Are these areas shown on the map submitted with this application? --' 3) Is the property 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? r"O 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? v-x O Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? e~0 (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? ~ O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: -- G. Do you or any co-owner also own other land close to this parcel? ~xO 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 c)'..,-~..[- (.,.,~ and proposed use 'g~, --,c,&,_. - (examples: existing: single-family; proposed: same with garageS~'pool, or other description.) Authorized Signature a/ltl Date 2/05; 1/07 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAZ ASSESSMENT FOR1}[ For UNLISTED/ICTION$ Only S QR PART I - Project Information (To be complete by Applicaat or Project sponsor) 1. Applicant / Sponsor 2, Project Name County 3. Project location: Municipality · So, -6v. o C0 4. Precise location (Street address and road [ntemections, prominent landmarks, etc. or provide map) Nroposed action: EW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6, Describe project bdefly: 7. Amount of land affected: Initially: , -- acres; .. Ultimately: _ acres I 1 770 . o,-/¥ 41. 1_ 0,053 8. Wtil propesed action comply with existing or other e~sting land use res~cflons:~ES ( ) NO If No, describe bdefly: R at is present land use in vicinity of project: (describe): esidential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/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 ~NO If Yes, list agency(s) and permit/approvals: 11. Does any asp/ect of the action have a currently valid permit or approval? )YES ~"~NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? ( ) YES ( ~,~j~O If Yes, list agency(s) and permit/approvals: Applicant / Sponsor Name: I certify that the information provided above is true to the best of my kn. owledge If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ApP ..... ] NSACT ON mScLostauC Lik;ABL"L~'FO OWNER, CONTRACT VENDEE AND AGENT: The Town of S outhold'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. (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.) NATUIUE OF APPLICATION; (Check all that apply.) Variance Special Exception ~ *Other ~z~, Approval or Exemption from plat or official map Change of Zone Tax Grievance *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? blood marriage, or business interest. "Business i ,, · -Relat~on~sh~p'mcludes by ~ .... nterest" me~ns a~busi~nclud~ a .P~_~_ership, in which the~Town officer or em lop~y~_has even a a~p3~ o~f (o_r em__~9_.Y~en t -- b~_a~corporation in which~he Town officer or em~p_loyee owns more th~an 5% of the shares. . YES__ ~ -- NO If you answered "YES'; complete the balance of this form and date and sign where indicated Name of person employed ~y the Town of Southold: ~_~ Title or position of that person:~otL,, tn. Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporati6n); B) the legal or beneficial owner 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 _~:z;day o f_~ ~] Signature: <~, ~ ~ Print Name: '~ ~l!z~_.~__.~_~_. ~, ~ 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 districa Ail applications requiring an agricultural data statement must be referred to the Suffolk Count~ Department of Planning in accordance with sections 239- m and 259.n of the General Municipal Law. l ) Name of Applicant: ~e.v'e..e~ :3'. C,.9~.~l,t~ 2) Address of Applicant: 5.~:1 Lc..oe,e..L ~'*~.-. , Sea.~..,I, xoC~ , I~¥ It~71 3) Name of Land Owher (if other tb~a applicant): C,~;/~(_ :R.~ ~ ~s.4 o ,'t.,~. c~2,~ ~ 4) Address of Land Owner: 5~3~ t.~,,e.~.. ,4~ , $o,,~l.~t. sg, s/y tl~tl 5) Description of Proposed Project: I:)~.r,~O(..~,'~,~ ed: ~-'~,'Ma~.~ ~,~e~ a--~J ~_o~,,n'~b~-~.g.'on 6)LocationofPropert~(roadandtaxmapnumber): I0°0~ ~6' 03- 0.,9 7) Is the parcel within an agricultural district? Ko [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~Ro [~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. Name and Address -Fa~- ~' 2. (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 the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. Signatur~ of nt Date Note: 1. The local board will solicit enmments fi-om thc 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 o£ this statement. 2. Comments returned to thc local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to thc property 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 enmp[ete and cannot be acted upon by the board. 1-14-09 Tow~ of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencie% shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permitx and other mini~terial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (south01dtown.northfork.net), the Board o f Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ,ooo 5(, 03 o3 The Application has been submitted to (check appropriate response): TownBoard [] PlanningBo.ard[--] Building Dept. [~ BoardofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certifff~i~-rii Nature and extent of action: · ' 'Location of action: ~'~ h c.. o r.~(.. A-..,,~. 5 ~ .. ~ tv~ Siteacreage: i~, i6~ ~, ~-4, Present land use: Or,:,, K *.B'~lr C~'t~.~ $;',-,,c~'~.- ~.~,~.../ ~(~ Present zo~g cl~sification: ~ ~0 ~ [ If ~ ~plication for the proposed action has been filed wi~ ~e Town of Southold agency, the f011owing info~ation shall be provided: (a) N~eofaPplic~t: S~ ~, ~~ (b) Mailing address: ~ L~L ~. , ~o~ ~ O~ Hq~I (c) Telephone number: Area Code ( )(~ ~,') '"7 6, S~ '2~'"/II (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No~ I~ yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [~ No ~/Not Applicable Attach additional sheets if necessary Poi~2~.Trotee~t-a~d~ft~e-rv-thi'Sl~rie-a~'/t-~r~liiiEo o[~g~ resources O~'th~ oT6~n o~6Ygouthold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~-] Yes [-] No [~fNot Applicable · At~ac.h ~dditional sheets if necessary 'dP 'Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~] Yes [~ No [~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section~] Yes~III - PolicieSNo ~Not ApphcablePages 8 throygh 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and i~nprove water quality and supply iu the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [-~. Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including ._Sig_n_ific.~a_u_[_C_ o_a_s_t_al.~Fish_a_nd W~ldlife Habitats and wetlands. See LWRP Section III - Polic~'~_Pages 22 through 32 for evaluation crit~ ........................................ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southotd. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes ~ No []~'Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y~es [-~ No ~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No'Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -~]Y6~ ~]-N0~[~qNbfxP-131'i~-a~Jl~ .............. - · Aitaoh additional sheets if necessary Policy 11. Promoti~ sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for eykon criteria. [~] Yes ~ 1No I/' ]>NotApphcable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -'Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~Not Applicable Created on 5/25/05 11.'20 AM 10/23/09 We, William and Patdcia Witzke of 532 Laurel Ave., Southold, NY give authorization to our son, Steven J. Witzke of 532 Laurel Ave., Southold, NY to sign all forms on our behalf for the demolition and eonslxuction project at 280 Laurel Ave., Southold, NY. William Witzke u 532 Laurel Ave. Southold, NY 11971 (631) 765-2711 Patricia Witzke t/ Steven Witzke 532 Laurel Ave. Southold, NY 11971 (631) 765-2711 (631) 466-2435 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved ., 20 Disapproved c Expiration ,20__ PERMIT NO. BUILDING~i~RMIT 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. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: 511~ k~,~../~ ,~. Phone: 0~]- t-II~' ~14gl.~ Building Inspector ~PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS OCT 5 08/ 6 ,20o' corr detely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets o >lans, acc~l~e0~l~ll~[~t~t9 8~al~, 1: according to schedule. t~. tqot 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 amendments or other regulations af£e~fing 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. ThereaRer, 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 code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of a~plicant or name, if a corporation) (Mailing address of applic~t) State whe~er applic~t is owner, lessee, agent, architect, en~neer, general contractor, elec~ci~, plmber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. L. ~ C..,,a{.~., O'~oJ~. L~.~' Plumbers License No. ~,~ ~x~ Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision £6, , Hamlet Block ' ' Filed Map No. o3 State existing use and occupancy of premises and intended use and occupartcy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 9,- ~'1o,~7 Nature of work (check which applicable): New Bui!ding Repair Removal Demolition 4. Estimated Cost ~ "~/$, Oo~ 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front qS."l e4. Rear ~{~, Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front : .............. Rear- Depth Height. Numberof Stones, ~! '; r: ' 8. Dimensions of entire new construction: Front (o¢ t21. Rear Height 9.6 ¢4, Number of Stories "~ 9. Size of lot: Front J ~17, ,~O~ Rear ~ 7~0 50' .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~' NO __ 13. Will lot be re-graded? YES __ NO ~ Will excess fill be removed from premises? YES__ NOX' 14. Names of Owner of premises Name of Architect Name of Contractor Address Address Address Phone No. Phone No Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet 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 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 __ NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF ~'0O-d'&S)s: ' · ~'~ e..~'~ '~", ~9 ~1~'~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the C,*.~4'~"o,e_'/~, ~..-,0~.~ (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 thisr-', . ~ day of O0 ?, ~' ~ t/~ROL A, MILLER //) . . ~ ~'~ ~ ~, / ~IO'I'ARY PUBLIC, STATE OF NEW YORK "-'" Notar~ublic QUALIFIED IN SU-F~OLK COUNTY COMMISSION EXPIRES FEBRUARY 2~, Signature or'f Applicant LIP^ Doctors Path Riverhead, NY 11904 June 22, 2009 Mr. William Witzke 532 Laurel Avenue Southold, NY 11971 RE: 280 Laurel Lane, Southold LIPA Reference ~T101022154 & T101022154 Electric Meter #000684362 Gas CPR # 549461 Dear Mr. Witzke: This letter is to advise you that the electric service to the above referenced premises was removed on May 31, 2009. The gas service was retired at the curb on June 28, 2009. If you have any questions, please contact Fred Perez 631} 758- 5037. Very truly yours, Steve Aylward Lead Design Supervisor D~stribut]on Design Department SA/am TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET Z '~0 VILLAGE DIST. SUB. LOT .~FaDRMER OWJ~ER N E ACR. RES~/~ S~S. VL FARM CO~. CB. MlCS. Mkt. Valu~ ~ND IMP. ~OTAL - DATE RE~RKS " ' / ~ IZ~Z~.~V~ [~1 ~a~o :- ~ . ~ '.~ ~ -- - - _ AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable j FRONTAGE ON WATER W~land j FRONTAGE ON ROAD Meadow~nd DEPTH House Plot ~ULKH~D Total D~K COLOR M. Bldg. Extension Extension Extension Porch P°rch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer NO Bath :loors, Interior'Finish Heat Rooms Ist Floor ¸BR. Rooms 2nd Floor FIN. B Driveway 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 October 28, 2009 Zoning Appeal No. 6347 Transmitted herewith is Zoning Appeals No. 6347 of Steven J Witzke for William & Patricia Witzke- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Copy of Property Record Card, Authorization Letter from William & Patricia Witzke to Steven Witzke to Represent them in the Matter, Copy of Building Permit with Disapproval Dated November 13, 2009, Notice of Disapproval from Building Department Dated October 5, 2009 Letter from LIPA Stating Electric Service is Removed and Gas is Retired at Curb Dated June 22, 2009, 3 Pages of House Plans Showing Layout Dated July 22, 2009 Prepared by Apex Homes, Inc., 2 Copies of Survey Showing Existing Construction & Proposed Construction Dated September 28, 2009 Prepared by Peconic Surveyors, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/28/09 * * * RECEIPT * * * Receipt~: 60998 Transaction(s): 1 1 Application Fees Reference Subtotal 6347 $600.00 Check#: 171 Total Paid: $600.00 Name: Witzke, Steven J 532 Laurel Ave Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6347 · 585 Laurel Avenue · P.O. Box 1135 · Southold, NY · 11971 PappyDe~optonline.net RECEIVED February 8, 2010 aOARD OF APPEALS Board of Appeals Town of Southold Attn: Leslie K. Weisman, Chairperson 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Ms. Weisman, In regard to your disapproval for a "building permit" for Patricia Witzke re variance request #6347. My wife (Carol De Long) and I own two properties directly across the street from the Witzke property of note. I have lived in the neighborhood for close to 75 years. Re the "set-backs", front and rear of the proposed project, we absolutely have no objections to the variances requested by Patricia Witzke # 6347, nor can we see any detrimental impact that this would have in this neighborhood, rather it would be a considerable improvement. Respectfully, KK & IRA HASPEL 59945MAIN ROAD SOUTHOLD, N.Y. 11971 631-765-2075, CELL 516-398-8753 Email ihaspel(~irahaspel.com Feb. 24~ 2010 Sent via emaii an fax - Vicki. Toth~Town. Southold.n¥.us Board of Appeals Town of Southold Town Annex/First Floor, Capital One Bank 54375 Main Road Southold, NY 11971 Re: Patricia Witzke 96347 - 280 Laurel Ave., Southold, NY ZBA Public Hearing Feb. 25, 2010 Att: Vicki Toth Dear Ms. Toth, Please be advised that both KK and I, neighbors to the above referenced project, are in favor of the granting of the proposed request for variances made by the applicant. If there are any questions please call. Thank you Ira Haspel 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) 765t.-~. 1~31) 765-9064 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 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, FEBRUARY 25, 2010: 10:00 A.M. PATRICIA WITZKE 06347. Request for Variances from Code Section 280.124, based on an application for building permit and the Building Inspector's October 13, 2009 Notice of Disapproval concerning proposed demolition and construction of 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, at 280 Laurel Ave., Southold, NY. CTM: 56.3-3. Zone: 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: January 26, 2010. ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZO. NG BOARD OF APPEALS Y 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: htip://southtown.northfork.net January 25,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, February 25, 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 February 4th: 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 aI. JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than February 5th: Please either mail or deliver to our office your Affidavit of Mailinq (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 February 17st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before February 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME WITZKE, W. & P. #6347 MAP # 56-3-3 VARIANCE SETBACKS REQUEST Demo/Construct dwelling DATE: THURS, FEB 25, 2010 10:00 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 #9646 RECEIVED STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) eOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 11th dayof February, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTIIOLD ~ Z ZONING BOARD OF APPEALS THUI~DAY, FEBRUARY PUBLIC HEARINGS NOTICE 1S HERE~Y GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonmg),Tow~ of Southold, the following publiche~h ngs wi be held by the SOUTHOL~ TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, 1~O. Box 1179, SouthoM, New York 11971-0959, on THURSDAY. 1 l~q~/, l~qu~st for Variances from Code Section 280-124, based on an application for building permit and the BulldMg In- spector's October 13,2009 Notice of Dis- a~provai concerning proposed demoli- tion and cons~uction of a single family dwe01ng, (1) less than thc code required front yard setback of 35 feet, (2) less than code required rear yard setback of 35 feet, at 280 Laurel Ave., Southold. NY. CFM: 56-3-3. Zone: R~10. :~ 10:.10 A.M. ELLIOTF B. & ORA~. HEATH ~635L Request for Varianoes from Code Section 280-124, based on an application for building permit and thc Building Inspector's October 16, 2009 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, (1) less than the coda required front yard setback of 35 feet, (2) less than code required rear yard setback of 35 feet, at 500 Ffipp- the Building Inspector's November 6, 2009 Notice of Disapproval concerning proposed construction of a second floor addition to a single family dwelling, (1) less than the code required front yard setback of 50 feet, (2) less than the code required side yard setback of 15 feet, at 1460 Pecoinc bay Blvd., Laurel, NY. CTM: 145-2-14,15,16. Zone R~O. 11'~0 A.M. TFLC, INC. $~ML Re- quest for Variances from Code Section 280-63, based on an application for build- ing permit and the Building Inspector's March 13, 2009, updated September 14, 2009 Notice of Disapproval concerning proposed one story construction behind e~dsring binlding on existing contractor's yard, after removal of existing temporary green house. New construction is pro- posed at: (1) less than the code required sida yard setback of 20 feet, (2) less than the code required rear yard setback Of 70 feet, at 8405 Cox Ln., Cutchogue, NY. CTM: 83-3-8. Zone LI. LL~ P.M. HARBES FAMILY FARM, LLC #6106B. The applicant has applied for a proposed change of use from farm buildings to winery/tasting room buildings. Request for Variances from Code Section 280-13A(4)C, based on an application for building permit and the Building Inspector's amended Sep- tember 25, 2009 Notice of Disapproval concerning the proposed conversion of existing farm buildings to winery build- ings is not permitted as winery built~gs are required to be setback a minimum Of 100 feet from a major road; Buildings 1 are at: less than the code required 100 foot setback from Seund Ave., and less than the code required 100 foot setback from Halleck Lane., at 715 Hallo~:k Ln., Mattituck, NY. CTM: 120-1-4. Carryover Hearings, continued from prior meetings and pending additional information: 1:10 P.M. P. BETANCOURT 1'.30 pM. M. and D. SOKOL The Board of Appeals will hear all persons, or their repre-~entativeS; dasir- lng to be heard at each hearing, and/or dashing to submit ~litten statements before the conclusion of each hearing. Each heating will not start earlier than designated above. Files are available for aa = -:-7':~"~-- f~- ~ ~m~ ~4a~ duna~..~e~al~ I~utal~ai,hours and the Building Inspector's Janugry 15 .and prior to the day of the heaemg. If 2010, Notice of Disapproval concerning you have questions, please do not hesi- proposed additions and alteration to a single family dwelling; (1) less than the code required minimum side yard set- back of 10'feet, (2) less than the code required total side yard setbacks of 25 feet, (3) less than the code required set- back to sounds of lO0 feet, (4} proposed second story addition'is a deviation from ZBA decision # 6242, at 1980 Leeton Dr., Southoid, N~'. C']. CTM: 58-2-13. fate to contact our office at (631) 765- 1809, or by e-mail: Vicki.TothC~Towm ,qouthold.ny. us. Dated: February 12, 2010 ZONING BOARD OF APPEALS 53095 M~ Road (Mallin~/USPS) CHRISTINA VOLINSKI NOTARY pUBLiC-STATE OF NEW yORK No. 01_VO6105050 Qualified in Suffolk County ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel #1000- 5(~ _ o3 _0.3 RECEIVED BOARD OF APPEALS AFFIDAVIT MA/LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) 2r, CO~'l~,-~ residing at '53~ /..~o,-,.Z. /nTt,q.` New York, being duly sworn, depose and say that: On the O'~ day of ~e..~,o,~-/ , O, olO, I persoaally mailed at the United States Post Office in ~ New York, by CERTIFIED iVLAiL, RETURN RECEIlPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to c_.u~., e~}t o~.e~r~ s shown on the, c~urrent assessment roll verified from the offic, i~l records on file w~m me Lr"pAssessors, or L ) tvounty Real Property Office :,-x ~ 1.4=t,.eC8 , for every property which abuts and is across a public or prive}~-e street, or vehicular right-of-way of record, surrotmding the applicant's property, ., (Signature) Sworn to before me this 3r°v day of ~ torotar/2oct 0 (Notary Public) [;AHOL A. MI!.LER NO1ARY PUBLIC, ST,:.[[ OF N£~,' YORK NO. 01Ml~f;O~O,26 QUALIFIED IN ~i.~FiTOLK COUNTY COMMISSION EXPIRES ~ £5;';UARY 23, .-~0/ 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. $5.54 $0.44 $2.80 $2.30 $0.® $5.54 $0.44 $2.80 $2,30 $0.00 $ $5.54 Postage $0.44 Ce~fied Fee $2 · ~ Total Postage & Fees $ $5· 54 [] Insured Mall [] C.O.D. 4, Reetflcted Delivery? (E~u~ Fee) [] Yea 7009 0820 0001 7819 2572 PS Farm 3811, February 2004 O~ O~ D. bG~iV~ ff YE~ enter G~y IG~nm []~M~I [] ~o~d n P, etum ~em,~pt ~ ~ ?9 Inamed ~ [] O.O.D. 4. R~ted D~y~ (E~J ~) []y~ 2.~i~Numb~r '7009 1410 0001 3247 2591 Ps Form 381 1, February 2004 Domeet~ Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Reetricted Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallplece, or on the front If space peru*tits. 1. Article Addmeaed to: 3275 2. A rticleN[ 7009 0820 0001 (Transfer d D. la dellve~ add,~ different from Item 1 ? 3. ~ ~ Mall ~ ~ ~ I~ M~I ~ C.O.D. 4. R~d~ ~i~ ~ ~) 7819 2602 PS Form 3811, February 2004 Domes~c Return Reeelpt 102595-02-M-1540 Notice of Mailin~ 563-4 Giardi, Diane M. 507 Sterling_pL. Cffee~nport, Ny 1 !_944 563-9 I-Iasl~l, Ira and Kathy 59945 Route 25 Southold, NY 11971 (:.3Coc.-c,..s.l,...rr'x,'~ oIq2~O BOARD OF APp£dtLs 562-6.1 DeLong, Carol and George PO Box 1135 Southold, NY 11971 562-7.2 Gaffga, Robert and Kathleen 275 Laurel Ave. Southold, NY 11971 562-8.1 Gaffga, Ruby PO'BrotH-5 ~t$ &~,,-,-C Southold, NY 11971 7009 0820 0001 7819 2565 11944 U.S. POSTAGE PAID SOUTHOLU,NY · FEB !¢3,'10 AMOUNT '0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Applicat/on of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Ident/fied as looo- 5'eh - :3 - 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEIVED'" -/-- 80ARD OFAppEALS AFFIDAVIT OF SIGN POSTING I, 5~.v,.5, 3'. c.),t-~ residingat ~ I~.~,.~/_ /~., $0,. ~ L,:) , New York, being duly sworn, depose and say that: On the. ]~ .day of Fe.b t-t,;,-)t ,. 79,olo, I personally placed theTovnfs official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - £a¢ing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for.£ev, en days prior.to tl'~t date of the subject hearing date, wh/ch hearing date was shown to be t'*Dr',';'~/ "&5~ ;hot0 ._ Swo n to me thi day of ]~ebFct~-r~)/, 20t O ~o~ Publ~ CAROL A. MILLER NO'~ARY PUBLIC, [:i"ATE OF NEW YORK NO. 01[q~.'203086 QUALIFIED IN SUFF, OLK COUNTY A , COMIVilSSION EXPIRES 72iBRUARY 23, ~;~...0/r-t/' *near the entrance or driveway entrance of my property, as the area most visible to passersby. 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) '/65-1809 Fax (631) 765-9064 October 28~ 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 #6347 Action Requested: Within 500 feet of: Owner/Applicant: Witzke, William and Pa. tricia Setbacks (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural Distdct ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/Fu-st Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUT}IOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 30, 2010 Steven J. Witzke 532 Laurel Avenue Southold, NY 11971 Re: ZBA # 6347 Dear Mr. Witzke: Transmitted for your records is a copy of the Board's March 25, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Vicki Toth Encl.