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Home My WebLink About6352 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 $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 APW 1 6 2010 So~holcl Town Cler~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2010 ZBA FILE # 6352 NAME OF APPLICANT: Christopher M. McCarthy and Patricia F. McCarthy PROPERTY LOCATION: 1460 Peconic Bay Blvd., Laurel, NY SCTM #'s 1000-145-02-14,15,& 16 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 December 15, 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 has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from LWRP coastal consistency review requirements pursuant to §268-3. PROPERTY FACTS/DESCRIPTION: The subject property is a 56,288 square foot parcel consisting of 3 Lots as shown on the Survey prepared by Nathan Taft Corwin III, L.S. prepared July 15, 2009. The 3 Lots have merged as per Code Section 280-10. The property is improved with a 2-1/2 and 1 story frame house with attached garage. The property has 103.27 feet of frontage along Peconic Bay Blvd. BASIS OF APPLICATION: Request for Variances from Code Section 280-124, based on an application for building permit and 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 s~'de yard setback of 15 feet, at 1460 Peconic Bay Blvd., Laurel, NY. CTM: 145-2-14, 15, 16. Zone R-40. RELIEF REQUESTED: The applicant requests a variance to maintain a preexisting side yard of 13.1 feet for a proposed second floor expansion over a preexisting attached garage and a variance to maintain a front yard setback of 20.1 feet to a front porch as shown on a survey prepared by Nathan Taft Corwin III, L.S. dated July 15, 2009 submitted with this appeal application. ADDITIONAL INFORMATION: The preexisting dwelling's Lot (14) merged with adjacent Lots (15 and 16) as per Code Section 280-10 under the ownership of the previous owner(s), not the applicant(s) of this appeal. Page 2- April 8, 2010 ZBA File#6352 - McCarthy CTM: 1000-145-2-14,15,16 at I460 Peconic Bay Blvd., Laurel, NY FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 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). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed expansion of the second floor of the applicant's residence over the preexisting attached garage footprint will create an additional bedroom with the same exterior architectural style as the preexisting dwelling, which is consistent with the character of the neighborhood. The proposed addition will improve the appearance of the dwelling and does not pose a detriment to nearby properties. 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. The preexisting location of the attached garage's footprint affords the applicant the only location for a proposed second floor expansion utilizing the preexisting dwelling's footprint. A portion of the preexisting attached garage's footprint is non-conforming, thus requiring a variance for the proposed construction. 3. Town Law §267-b(3){b}{3). The variances granted herein are not substantial. The applicant requests a 1.9 foot (12.7%) variance from the code required 15 foot side yard setback, which is not mathematically substantial. The applicant proposes to maintain the preexisting nonconforming front yard and side yard setbacks. 4. Town Law §267-b{3}(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3)(b){5). The difficulty has not been self-created. A portion of the preexisting attached garage's footprint is non-conforming due to the preexisting dwelling's Lot (14) merger with adjacent Lots (15 and 16) as per Code Section 280-10. This lot merger increases the preexisting dwelling's Lot Area, which consequently increases the Code required front, rear and side yard setbacks creating the present non-conformities. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an additional second floor bedroom, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Survey prepared July 15, 2009 by Nathan Taft Corwin III, and Architectural Plans, dated received by the Board of Appeals Nov.13, 2009, dated April 2009, Sheets 1 and 2 prepared by Charles M. Thomas, R.A., submitted with this application. 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. Page 3- April 8, 2010 ZBA File#6352- McCarthy CTM 000- 45-2-14, 5,16 at 1460 Peconic Bay Blvd. Laurel NY 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 Dinizio, Goehringer, Schneider, Weisman (Chairperson). Absent was: Member Homing This Resolution was duly ad, r~oted (~-0). / Leslie Kanes Weism~a/n, Chairperson Approved for filing/-/ ~/2010 To: Patricia Moore for Christopher McCarthy 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL RECE'~/ED NOV 1 3 200~ BOARD OF APPEALs DATE: November 6, 2009 Please take notice that your application dated October 15, 2009 For construction of a second floor addition to a dwelling at Location of property: 1460 Peconic Bay Blvd., Laurel, NY County Tax Map No. 1000 - Section 145 Block 2 Lot 14, 15,16 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming lot, in the R40 District is not permitted pursuant to Article XXIII, Section 280-124 which states: '2qo building or premises shall be used & no building or part thereof shall be erected or altered in the AC, R80... Districts unless the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Pursuant to Walz (#5039) such addition will constitute an increase in nonconformance. Such lots shall be required to meet the following: The required l~ont yard setback is 50'. The required side yard setback is 15'. The proposed plans indicate the fi~ont yard setback to be 39' & the side yard setback to be 13.1'. Authorized Signature /(f'~¢OFFICE LOCATION- ~ ~)~ \¢ Town Hall Annex ' ~/~'~ ~, 54375 State Route 25 ~$~/ ,~(cor. Main Rd. & Youngs Ave.) ~X~' Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6352 McCarthy SCTM# 145.-2-14, 15, & 16 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP coastal consistency review requirements pursuant to § 268-3. Definitions. Minor Action, item F, which states. F. Grantinq of individual setback, lot fine and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shorefine defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-20061 Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney SURVEY OF PROPERTY SITUA LAUREL IOWN OF SOUIHOLD SUFFOLK COUNIY, NEW YORK S.C. IAX No. 1000-145-02-J4 S.C. lAX No. S.C. IAX No. SCALE 1"=50' JUNE 4, 2009 JULY 15, 2009 ADDED 2nd STORY ADDITION AREA DA TA S.C. TAX No. 16,288 sq. 1000-145-02-14 0.574 S.C. TAX No. 20.000 sq. ff. 1000-145-02-15 0.459 ac. S.C. TAX Ne. 20,000 sq. ff. 1000-145-02-16 0.459 ac. TOTAL 56,288 sq, ff. 1.292 ac. FINA, ,,AP L~NED BY ZBA DECISION # d~5-~ 9 %o CERTIFIED TO: CHRISTOPHER k,l. McCARTHY PATRICIA F. McCARTHY NOv 1 32009 N.Y S Lic. No. 50467 Land Surveyor PHONE (631)727-2090 F~x (631}727-1727 S MATCH NEW F^SOA PROFILE & DE TO ADDITION C} ImNE OF EXIST, GARAGE ROOF TO BE REMOVED FASCIA TO MATCH EXlS~NG- PLATE HEIGHT T,O. WINDOWS T.O, SECON0 FLOOR PLATE HEIGHT ? T.O. FIRST FLOOR ~ L E F T S I D E E L E V A TI 0 N ~) F R 0 N T E L E V A T I 0 N SCALE: 1/4" = 1'-0" SCALE: 1/4" ADDITION 8'-0_" PLATE HEI_~HT 'T,O, dF¸ I OF TO BE REMOVED RIGHT SIDE ELEVATION ~ REAR ELEVATION SCALE: 1/4"= 1'-0" SCALE: 1/4"=1'-0" REVIEWED BY ZBA ISEEDECISION # ~F~NOV 132809 DATED I I THESE DRA~NSS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVlCE, ARE THE EXCLUSIVE PROPER~ OF THE ARCHIECT AND THEIR USE AND RUBLICA~ON SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR ~ICH THEY WERE PREPARED, REUSE, REPRODMCT)ON OR PUBLICATION BY ANY ME~IOD, IN VPdOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT, VISUAL CONTACT WITH 1HEM SHALL CONSTITUTE PRIMA FAEIE EVIDENCE OF ACCEPTANCE OF THESE RESTRIC~ONS NO, PROPOSED SECOND FLOOR ADDITION O~R EXIST. GARAGE 2852 3052 2852 16" OC. LA'ON I C~T ~DRAL CLG, / 8'-8~" ~- '~ EX,ST,NG B A T H II 9080 O.H. DOOR ri F A M I L ¥ EXISTJNO II ri ROOM [~0 (~ D I N IIN~ H I~ ~I Ii Ii I~ II CLOSET/ II o ~ EXISTINO K I T C H E N ~&¢; ,;,Il m ~ 16 O,C, R-19 INSULA~ON ~ ' R o 0 U II II '"' ii 9080 O.H. DOOR II LJ A D I N I ~ " AREA LIVING F q 28'-9" F 0 Y E ~ 16" \ - X\ O ~ 13'-,¢ II / %. \ ' I LINE OF S' ~ I U k ~ I I JOIST %X I ~ ' ~ ~ I ,B INSUL, III ~ X/ ~ I ~'e' b ~ / I / s'-~" 16 INI / I ~~~¢ ~ / BED~O0M I ' / I / I . ~ ~ / I ,, FINAL MAP REVIEWED BY ISEE DECISION [DATED / I~ LU SHEET NO. 2 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED THOMAS A. ISLES, A.I.C. P DIR~:CTOR OF PLANNING December 15, 2009 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections Al4-14 thru A 14-25 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 Ketterer (Gwyneth) & Kykes (Mary) Heath, Elliot & Ora McCarthy, Christopher De Croisset, Nicholas DeNicolo, Joseph & Rita Ramone, Julien & Claudia TRK:ds 6349 6351 6352 6354 6355 6357 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 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 1 197 1-0959 Office Location: Town Annex/First Floor, Capkal One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://s outholdtown.northforknet ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 31, 2010 Patricia C. Moore 51020 Main Road Southold, NY 11971 Dear Ms. Moore, I am in receipt of your letter dated August 6, 2010 regarding proposed changes to the plans approved for variance relief by the ZBA on April 8, 2010 in Appeal #6352, McCarthy. Since the replacement of a window on the rear elevation, as granted, with a proposed sliding door and 14 fl. x 4 ft. second story deck off the master bedroom (at 56 sq. ft.), maintains a conforming side yard, does not decrease the rear yard setback, and will not be seen from the street, these changes are approved as de minimis. I will have the office stamp as approved the updated plans by Charles M. Thomas, Architect, dated August 2010 and labeled sheets 1, 2 and 3, and will send a copy, along with this letter, to the Building Department so that your clients may proceed with their Psi~urs, / __ Leslie Kanes Weisman, Chairperson, Zoning Board of Appeals CC: Building Department BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goebainger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 1 197 1-0959 Office Location: Town Annex/First Floor, Capkal One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://s outholdtown.no/~hfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 31, 2010 Mike Verity, Department Head Building Department Dear Mike, As a courtesy I have reviewed the attached request by Pat Moore to approve de minimus changes to the McCarthy appeal #6352 dated April 8, 2010. However, since no non- conformities were being created by the proposed changes on the amended plans that were submitted, the Building Department has the jurisdiction to grant this approval without further review by the ZBA office or Board of Appeals. In future, when similar requests for de minimis changes that do not create any non-conformity are sent to the ZBA by the applicant, their agent, and/or the Building Department, I have instructed Vicki to re-direct or direct them to your department for your decision. Leslie PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 August 6, 2010 Attn: Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 ao~t~o o~ ~pp~.~t.~ RE: Christopher & Patricia McCarthy PREMISES:1460 Peconinc Bay Boulevard, BCTM:1000-145-02-14,15 & 16 Appeal #6352 Dear Chairperson Weisman and Board members: Laurel The Board granted the above variance for a second floor addition over the existing garage(decision attached for your convenience). The McCarthy properties were un\~ntentionally merged so the addition required a side yard variance. The house was constructed with conforming setbacks of the one lot (1000-145-2- 14). My client wishes to change the window located in the rear of the addition with a view to the their back yard, from a window to a door, and add a cantilevered balcony. The balcony faces the McCarthy's rear yard (not the neighbors). The balcony is setback at a conforming distance to the side yard and is over the first floor, an area which is presently the existing garage's overhang. Please advise us if this change will be permitted by the Board as a de minimus change to the design of the addition. Thank you for your courtesies. Very t?~2~l~ours, %~_~ricia C. Moore cc: Building Department Mr. and Mrs. McCarthy ADDITION I~ATCH HEW FASCIA PROFILE TO UATCH EXIST. 12 ~ATCH NEW FASCIA TO LINE OF EXIST. GARAGE ROO¢ TO BE REMO~D NEW FASCIA TO MATCH EXISTING- EXISTING LEFT SIDE ELEVATION ~ FRONT ELEVATION SCALE: 1/4" = 1'-0" SCALE; 1/4" = 1'-0" 8'-0" PLATE HEIGHT T,O, WINDOWS T,O. SECOND FLOOR 8'-7" PLATE HEIGHT WINDOWS ALIGN REM ADDITION TO EXISTING ~ RIGHT SIDE ELEVATION ~ REAR ELEVATION SCALE' 1'/4" = 1'-0" SCALE' 1/4" = 1'-0" T,O, SECOND FLOOR B'-7" PLATE HEI_GHT T,O. WINDOWS ~0, RRST FLOOR ~INE TO BE REMOVED ROOF BOAAD OF APPEALS UJ z o>,- SHEET NO, 1 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INS~UMENTS OF SERVICE, ARE THE EXELUSIVE PROPERTY OF THE ARCHITECT AND IHEIR USE AND PUi3LICARON SHALL BE RESTRICTED TO THE ORIGINAL EI~E FOR WHICH [~IEY WERE PREPARED, REUSE, REPRODUCROR OR PUBLICAI~ON BY ANY METH00, IN WHOLE OR IN PARE, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION PROM THE ARCHITECT, TITLE TO THESE PLANS SHALL REMAIN WITH ME ARCHITECTVlSUAL CONTACT WI~ THEM SHALL CONSTITUTE PRIMA FACIE EVIDENEE OF ACCEPTANCE OF P~ESE RESTRICRONS 22'-5" PROPOSED SECOND FLOOR ADDITION OVER EXIST. GARAGE CLG. 2"X10' .G, JOIST I ,, I 2"X10" CLG, JOIST 16" OC, R-3B INSUL, \ 14'-5'~ ~ 15'-4" \\ EXISTING \\ B A T H EXISTING \ BATH I \ 2642 I ~. 2642 NEW PROPOSED SECOND FLOOR ADDISON OVER EXIST, GARAGE ADDITION = 672 S.F. EXISTING BEDROOM / / / EXI~TINO / ~EDhOOU 17'-2" A 51'-7" ,0.-5. ~0'-0" ,. 2. 6,-6~.. ~2.-~. M'-4" s'-o" , , ~ ~ II 9080 O.H. DOOR II F A U I L Y ~ EXIS~NG ~"~ ~, IIII 2-1~" ML HEADER jill ROOM ~ ~ DININGR 0 0 M ~ ~ II II , z ~ II ~ II ~ [I II KITCHEN o GARAGE ~= ~ ROOM 0 16" O,C, R-19 iNSULA~ON H II II II II II II ~ ' II AREA LIVING ~ a J L FOYER F-~ 28'-e" SECOND FLOOR PLAN ~ FIRST FLOOR PLAN SCALE'. 1/4" = 1' 0" SCALE: 1/4"= I~-0'' NO CHANGE ADDITION = 672 S.F. LU SHEET 2 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICA~ON SHALL BE RERTRICTEO TO THE ORIGINAL SI~ FOR WHICH ~HE¥ WERE PREPARED, REUSE, REPRODUCI$ON OR PUBLICA~ON BY ANY ME.OD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERN~ISSION FROM file ARCHITECT. TITEE TO THESE PLANS SHALL REN~AIN WITH THE ARCHIEECT. VISUAL CONTACT ~TH IHENt SHALL CONSllTUTE PRINA FACE EVIDENCE OF ACCEPTANCE OF THESE RESTRICllONS TYP CAL CEDAR P£RFEC'n~ TYPICAL TYPICAL CEILIN, CONSTRU( MATCH EXIRTIN8 ~ EXISTING FL JSTS, ~RAP I/2" CD X _OCR CONSTRUCTION I1 7/8 TJI FLOOR JOISTS · 18"O,C, W/3/4' PLYWOOD SUBFLOOR 12" U.L, RIDGE TYPICAL ROOF CONSTRUCTION iHINC, L[ ROOFING O~R tS~ ROOF FELT ON I/2" COX PLYWOOD SHEAIHING, 2"X10' ROOF RAFTERS O 15# 0,C, ATTIC T,O, ~NDOWS / CLOSET ( GARAGE CROSS SECTION 2 SCALE: ~/,~" = ~'-0" TYPICAL ROOF CONSTRUCTION OVER 15# ROOF FELT ON 1/2" COX PLYWOOD SHEAIHIN0, 2"X10" ROOF RAFTERS · 16" O,C. 12" M.L TYPICAL CEILING CONSTRUCTION 2" X 10" CEILING JOISTS O 16" I W/R-38 BAIT, INSULA~ON TYPICAL WALL CONSTRUCTION TYPICAL FLOOR CONSTRUCTION 14' Tdl FLOO~ JOISTS W/3/4" PLYl~OOO SUBFLOOR NEW MASTER BEDROOM ATTIC EXISTING GARAGE EXIS~NG FOUNDATION C R O S S S E C T ON 1 SCALE: 1/4" = 1'-0" NEW MASTER BATH TUB J I ,~, I ~ Im ~ .... L----_~___~_ ._~___ ROOF CONSTRUCTION ROOF FELT ON 1/2" CDX PLYV~OD SHEA1HING. RAF~RS 0 16" O.C, ROOF PLAN SCALE: 1/4" = ZBA FINAL HAP %~ ~ ?%\% ~OA~O O~ A~A%'~ TYPICAL WALL COb 3TION C[DAR tOUS[ WRAP 1/2" CD X "HEA'~INO OR 2"X4" ViD, i 3 · 16" O,C. 'lg INSULATION THESE DRAWINGS AND ACCOMPANYING SPEQEICATIONS, AS INSIRUMENTS OF SERWCE, ARE THE EXCLUSIVE PROPERTY OF IHE ARCHITECT AND IHEIR USE AND PUBLICAIqON SHALL BE RES~ICEB TO THE ORIGINAL SI~ FOR WHICH THEY WERE PREPARED. REUSE, REPRODUCRON OR PUBLICAI]ON BY ANY UETHOD, IN V¢rlOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROB THE ARCHITECT, TITLE TO THESE PLANS SHALL REMAIN ~ITH TNE ARCHITECT. VISUAL CONTACT WITH THEM SHALL 60NS~TUTE RRIBA FACE EV[CENOE OF ACCEPTANCE OF THESE RESfRIC~ONS RECEZVED NOV .l 3 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALSBOARD OF APPEALs House No. 1460 Street Peconic Bay Boulevard Hamlet Laurel SCTM 1000 Section_145 Block 2_~_Lot(s) 14,15,16Lot Size 56,288 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/15/09 BASED ON MAP June 4,2009 Applicant(s)/Owner(s): Christopher M. McCarthy (lot 14) Patricia F. McCarthy (15) &(16) Mailing Address: 58 Crescent Place, Short Hills, NJ 07078 Telephone: 1-973-906-0031 Fax #: __ Emaih pcmoorel~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee~ etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Emaih pcmoorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 4, 2009and DENIED AN APPLICATION DATED October 15, 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction EOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) XXII1 Sec 280-124 Front yard setback (walz~5039)- existing setback retained but adding second floor 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, E 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 offtce for assistance.) Name of Owner: Christopher & Patricia McCarthy ZBA File # REASONS FOR APPEAL (additional sheets mav be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed addition is to add a second floor to the one story portion of the single family dwelling. The house is already two story and the second floor addition over the existing garage will add a master bedroom to the existing house. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The proposed second floor addition over the existing garage is a reasonable and economic addition which does not require expansion of the foot print. The setbacks of the house are established and the bedroom addition will match the design of the existing second floor. The McCarthy family intended to retain the house separate from the one acre lot to the south. However, the prior owner John Burns & E. Margaret Burns placed the lots in common ownership. They sold the three separate parcels to McCarthy. Mr. And Mrs. McCarthy intended to keep the conforming vacant parcel (lot 15 & 16) separate from the improved (nonconforming) house parcel (lot 14). The nonconforming improved parcel would have conforming setbacks if the vacant land of the southerly lots is not added to the lot area and retained as a separate one acre lot. However, because the parcels merged prior to the McCarthy purchase in 2000 we will be submitting a separate area variance for the improved parcel and re-subdivision with the planning board for the one acre southerly parcel. (3) The amount of relief requested is not substantial because: The existing houses remains, as is, with the second floor addition over the existing garage. The existing second floor will be expanded over the garage. The existing setback (13.1 feet) will not be reduced. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is improved and the second floor expansion over the existing garage is a minimal variance request. In a separate application, the owner has requested an area variance for Lot 14, returning the parcel to the original (pre-merger status). Consequently returning the lot to 16,288 sq.ft, will make the second floor addition conforming. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The house is preexisting nonconforming Are there Covenants and Restrictions concerning this land: XNo. ~yes (please furnish cop),). 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 VARIANCESHEET: (Pleasebesureto consultyoura~o£ttw~.)-. t '~::.'T''-'~' ' ' ~gignaRn'~of Appellant or Authorized Agent (Agent must gubmit wri~en Aulho0zafion from Owner) Sworn tg ~e(ore me this ~ ~ ~ dayof~ ,20 ~ ~. =b-LgS-~.' R£C£ZYED gOARD OF ApPEALs APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) RECEIVED NOV ] 3 2o09 Applicant: Christopher and Patricia McCarthy Date Prepared: November 9, 2009 BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): addition to second floor over existing garage (21.8' x 30.3') Dimensions of first floor extension: no change- existing garage Dimensions of new second floor: (21.8' x 30.3') Dimensions of floor above second level: none Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed no change If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: two story dwelling Number of Floors and Changes WITH Alterations: alteration to existing second floor IV. Calculations of building areas and lot coverage (from surveyor): no change House: 2,287.3 sq.ft. + Deck 444sq.ft.= 2,731.3 Proposed increase of building coverage: 0 Square footage of your 1ot:__16,288 sq.ft._ Percentage of coverage of your lot by building area: 16.8% V. Purpose of New Construction Requested: master bedroom VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): house conforms to setbacks for original lot size (under 20,000 sq.ft.) Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Christopher McCarthy & Patricia McCarthy 1000-145-2-14,15~& 16 Is the subject premises listed on the real estate market for sale? Yes XNo Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. REC~.IV~D NOV I BOARD OF APP£ALs 1 ) Are there areas that contain sand or wetland grasses? e. ye. ye. ye. ye. ye.y~_ 2) Are these areas shown on the map submitted with this application? 3) ls the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands and if issued, please attach copies &permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these 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? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel _ two story house with garage and proposed use expand second floor over earaee (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only =ART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) t. APPLICANT/SPONSOR 3. PROJECT LOCATION: 4. PRECISE LOCATION (Str~ addr~ a~ r~d inte~ions, pr~inent landmass, etc., ~ pro'de ~P) -~,ECE]*VED NOV .I 3 2009 2. PROJECT NAME 5. PROPOSED ACTION IS: ,~-~3~' [] New [~ Expansiea r'~ Modirmaflo~/altemtion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ri.J- acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Agricutture [] 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) name and permit/approvals: t t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] yes ~ No If Yes, I~t agency(s) name and permitJapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-lYes l No APt~cantJsp°ns4x n~l C~ne~,Ti._Fy~:$1..~.N/)FLMAT~N 7~E~D A:OVEt~R~E ~ OF MY Signature: // ~ KNOWLEDGE o,,,,,: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with is assessment OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN B NYCRR. PART 617.47 E] se I-I.o NOV i BOARD o~: If yes, coordinate the revMw proc~ and-~e the FULL FAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be m4oerseded by another tnvd~ved agency. DYes DNo C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWINO: (Answers may be har~tt~, if isgibie) C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, s~elir~,h or ~idlifa q~ecies, rdgnlfloant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing p~an$ o~ goats as ot~lly a~pled, ~- · change In us~ ct Intensity d us~ d land ~- other natural resources? E)q~lain C5. Growth, subsequent development, of related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, shnd term, cumulative, or o(her effects not identified in C1 *C57 Explain briefly: C7. Other impacts (including changes in use of either quantity of type of enarg~ 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 bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART gl - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme 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); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting matertals. Ensure that explanations contain sufficient detail to show t~at all relevant adveme impacts have been ident~ied and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed acfiofl on the environmental characteristics of the CEA. [] ~heck~hisb~x~fy~uha~eidenU~ed~naermofepctentia~lylargeorsigni~cantadverse~mpactswhichMAY~ccur- ThenproceeddirectlytotheFULLEAF sud/of prepare ° positi~ declaration. [] Check this box If you heve determinad, based o~ the informatidn and analysis above and any suppoding documentation, thet the propnaed action WiLL NO result in any r~gnificant adverse environmental impacts AND provide, o~ attachments as necessary, the reasons supporting this determination. Name of Lead Agency Date Print or Type Name of Respons~bin Off~r in Lead Agency Title of Responsib~ Officer Signature of Responsible Officer in Lead Agency Signature or Preparer (If different from respo~sibis ofl~cer) APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) OAP D The Town of Southold's Code of Ethics prohibits conflicts of interast 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: Christopher McCarthy and Patricia McCarthy and PatriciaC, Moore Esq._ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. ~Businass interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares, YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or D) thc actual applicant. DESCRIPTION OF RELATIONSHIP Submittedt.l!is f/f~ day Signature:,d2" Print Namc:~ Christopher McCa~hy Patrieia C. Moore · ~GRICULTURAL DATA STATEMENT ZONING BOARD Or APPE'ALS TOWN OF $oUTItOLD NOV 1 2200~ · BOARD OF APPEALS Tlte f~ 'In m~t ~ co~p~ b~ ~e ~p~t for ~y sp~ ~e pe~ ~ · ... .... Si~ of ~pli~t 'Dam · Note: ' alch time me~s ~e ~li~on i~not ~[ete ~d ~ot ~ a~t~ ~ by &b bo~d. 1-14-09 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, 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 Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", 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 LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-145-2-14,15,16 OWNER:Christopher McCarthy and Patricia McCarthy 1460 Peconic Bay Boulevard, Laurel AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees __ Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance RECEIYED NOV '1 BOARD OF APPEALS Nature and extent of action: Owner wishes to construct second floor addition over existin~ ~ara~,e. All structures more than 100 feet from wetlands. Location of action: 1460 Peeonic Bay Boulevard Site acreage: 16,288 sq.ft. Present land use: existing house Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Christopher McCarthy & Patricia McCarthy (b) Mailing address:58 Crescent Place, Short Hills, NJ 07078 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: 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. X Yes No Not Applicable Existing lot and house is oreexistin~ nonconforming,. over the existim, earaee The seond floor addition is proposed Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity_ or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable Lands adjacent to Great Recouic Bay protected for both visual, economically producti~u nad recreational resource. The secoud floor of the existing house will be expanded over the existine ~ara~e. Drainaee will be orovided which I~revents non-polar source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regualtorv standards, there is public water on Peconic Bay Boulevard Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to wetlands is conforming. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. 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 XNo Not Applicable The parcel is private ownership RECE~o NOVIv 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. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact coastline. Policy 11. Promote 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. Yes No _XNot Applicable, more than 100 feet from wetlands Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 RECEI'*VED BOARD OF AppEALS Christopher M. McCarthy Patricia McCarthy 58 Crescent Place Short Hills NJ 07078 October 13, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Christopher McCarthy and Patricia McCarthy, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, New York State DEC and any other necessary agencies on our behalf regarding properties located at Peconic Bay Boulevard, Laurel, New York, sctm: 1000-145-2-14.15 & 16. Very truly yours, CHRISTQPHER M. MCCARTHY PATRiCIA MCCARTH¥ ~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEZVED i~OARD OF ApPEAL~ November 12, 2009 Attn: Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 Dear RE: CHRISTOPHER MCCARTHY PREMISES: 1460 PECONIC BAY BLVD., SCTM: 1000-145-2-14, 15, & 16 LAUREL Mr. Goehringer and Board members: Enclosed please find 8 packets of the following documents: 2. 3. 4. 5. 6. 7. 8. 9. 10 11 11 12 me Notice of disapproval with building permit application Variance Application Authorization Project Description Questionnaire Transactional Disclosure Form Property card LWRP form Short EAF Agricultural Assessment Form Existing conditions photos Survey & site plan My client's check for the filing fee. If you need anything else please do not hesitate to contact Ve~ truly yours, 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__ ,sapp oved ,c Expiration ,20 RECEIVE~ BOARD OF APPEALS PERMIT NO. BUILDING PERSIST 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: Phone: OCT 2 7 2009 BLDG. DEPT. TOWN OF SOUTHOI.D Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,200? a. 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 amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance 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 ali applicable laws, ordinances, building code, housing c?c~.,.a~egulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~-~.¢~,~ ~Signature of applicant or name, if a corporation) /(771 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises - (As on the tax roll or-~atcst d¢¢d~ If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians LicenseNo. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section ( ~( ~ Block Subdivision ,. F~iied Map No. Lot I ~ Lot 3. Nature of work (check which applicable): New Building. Repair Removal Demolition Stat 't .......... ~ 1- °o ?~3% e exts tng use ano occupancy ot premises ano ~ntenoco use ano occupar~cy or proposed con~tru~cl~~ a. Existing use and occupancy 5~¢~ ~~ ~~.OARD~d.~,~ b. Intended useandoccup~cy y~ /x[~ ;~/~d~/ S o~,rz~G Addition ~ Alteration ~ O~er Work (Description) 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front o,O/, ,F Rear ,~2/~' , Depth ,_qO. Height Number of Stories o> e : , Dimensions of same structure with alterations or additions: Front ""~/' ~'i i [ Rear Depth ~r.~. ~ Height. Number of Storiq~,. Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front Rear Rear ~ D~th- ...... J .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ ~z'O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ No__AA 13. Will lot be re-graded? YES NO /X' Will excess fill be removed from premises? YES __ NO__ 14. Names of Owner of premises f'*~z,.,; ,/J]t' ~'J~'-4-Address Name of Architect ffAddress' Name of Contractor Address Phone No. Phone No Phone No. 15 a. ls this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES X' 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 M * 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~S: (Name of individual signing contract) above named, (S)He is the (Contrac~b, 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. Swomto before me this day of o~_fr-- 20 ~ 9 Notary Public MARGARET C. RUTKOWSKI Notary PuBlic, State of New Yo~ No. 4982528 Qualified In Suffolk C~pplicant Io~o ~¥~:.~./y TOWN OF SOUTHOLD PR~TY RECORD CARD }hr; ,T · - /f ~~{ , S W ~PE oF BUILDING ~ ~/~ S~S. VL. FARM COMM. CB. MICS. Mkt. Value AGE BUILDING CONDITION IilI~/t~-L FA~ Acre Value Per Value Tillable FRONTAGE ON WATER ~d DEPTH ~/' d, J · AA. Bldg. Extension Extension 145.-2-14 2/06 ~ ? ~ ,~ · ? Extension Porch ' Breezeway Foundation / 6 ~ IBasement t 04 F~. Wails Bath Floors Interior Finish Heat Rooms 1st Floor DR. Garage PatiO. .~'~ff Total h'ype Roof ecreotion Room [Dormer Rooms 2nd Floor Driveway BR. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD OV~N ER STREET /~_ VILLAGE DIST SUB. , ~~n~ ~J S (~t '~ W TYPEOF BUILDING S~S'~ < ~;~iJ FAR~ CO~. CB. MICS., ~kt. Value RES. ~ND IMP. TOTAL ~DATE RE~RKS " , , . AGE BUILDING CONDITION N~ NORMAL BEkOW ABOVE Acre / 7~ Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD 7~' ~] ~/~_ ~ Meadowland DEPTH House Plot BULKHEAD Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,~o /~ OWNER STREET //~,.~ Z/ VILLAGE DIST. SUB. FOR2v~ER CIWNER E , ACR.' r*~ ~ S W ~PE OF BUILDING ~:~ ~ FArM COMM. CB. MICS. Mkt. V~lue / AgE BUILDING CONDiTiON NEW NOR~L BELOW ABOVE FA~ Acre Volue Per V~lue Acre ~illoble FRONTAGE ON WATER Wo~l~nd FRONTAGE ON ROAD ~ ~) ~ /[~ z~ Me~dowloind DEPTH ~ /~ ~ ~ . ~ House Totol D~K Title Number SH292094SS SAFE HARBOR TITLE ,AGENCY, LTD. 1529 MAIN STREET * PORT JEFFERSON. NY 11777 1631) 473-0800 FAX (631} 473-7685 , Underwriter ~ Underwriter Number Application Date 08105/2009 Report Date 0811212009 Chuck Thomas P.O.B. 877 Jamesport, New York 11901 Tel (63t) 722-4348 Fax (63t) 727-8033 Premises Town of $outhold County Suffolk S/B/L 145.00 / 02.001014.000 District 1000 Christopher M. McCarthy Mortgage Premium Fee Premium Single and Separate Seamh Extra chains if any $100 each 400.00 100.00 TOTAl. instructions: Notes: AUG 21 2OO9 SAFE HARBOR TITLE AGENCY, LTD. 1529 MAIN STREET PORT JEFFERSON, NY 11777 VARIANCE SEARCH STATE OF NEW YORK ) COUNTY OF SUFFOLK ) TITLE NO. SH292094SS SS.: Lori Colletti, being duly swom, deposes and says: That she is over the age of 21 years and that she is Vice President of Safe Harbor Title Agency, Ltd. who has examined title to the Parcels of Land described on the annexed schedule and labeled Parcels: A, B, C, D, E, F That said examination, made to include 2-1-55 to determine that no contiguous property was owned by the owner of the property involved since the date of any previously Applicable Zoning Ordinance as of 6-18-09. And, that this Affidavit is made to assist the Town of Southold to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. Liability limited to fee paid. Sworn to before me this ~'P day of "~q' SAFE HARBOR TITLE AGENCY, LTD Notary Public, State of New York DAVID E. LEBENS Notary Public State of New York Ouali~ed in Suffolk County ao. 52-4791397. _ Commission Expires ~'_/~',,.//] Title No. SH292094SS PARCEL A: (Subject Premises): ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, known and designated as a described parcel on the southerly side of Peconic Bay Boulevard. Also known and designated on the Real Property Tax Map as: District: 1000 Section: 145.00 Block: 02.00 Lot: 014.000 PARCEL B: (Adjacent East): Lots 17 & 18 on the Map of Laurel Park Map No. 212 District: 1000 Section: 145.00 Block: 03.00 Lot: 001.000 PARCEL C: (Adjacent East): Lot 16 on the Map of Laurel Park Map No. 212 District: 1000 Section: 145.00 Block: 03.00 Lot: 002.002 PARCEL D: (Adjacent South): Described parcel known as: District: 1000 Section: 145.00 Block: 02.00 Lot: 015.000 PARCEL E: (Adjacent West): Described parcel known as: District: 1000 Section: 145.00 Block: 02.00 Lot: 018.000 PARCEL F: (Adjacent North): Peconic Bay Boulevard Sworn to before me this ~ day of ~-t-~-, d Notary Public, State of New York DAVID E. LEBENS Not~ r~ Public State of New York uualified n Suffolk Count'/ No. 52.4791397 . Oommi~ion Ex~ir~ ~ SAFE HARBOR TITLE AGENCY, LTD 2 Title No. SH292094SS CHA NOF mLEFOP II IlL Seymour J. Baum To Anne M. Baum Deed Dated: 12-14-44 Rec'd: 12-28-44 Liber: 2414 Pg: 449 Seymour A. Baum, Donald F. Baum, as Executors of Anne M. Baum To Martin Weglicki Martin Weglicki To John J. Bums and E. Margaret Burns Deed Dated: 5-18-64 Rec'd: %2-64 Liber: 5569 Pg: 199 Deed Dated: 1-28-66 Rec'd: 2-8-66 Liber: 5908 Pg: 15 John J. Bums and E. Margaret Burns To Regina M. Bums Deed Dated: 11-18-96 Rec'd: 11-25-96 Liber: 11803 Pg: 157 Regina M. Bums (John J. Bums as to Life Estate) To Christopher M. McCarthy Deed Dated: 2-3-00 Rec'd: 2-15-00 Liber: 12020 Pg: 884 LAST DEED OF RECORD Sworn to before me this ~ day of ~;¥.~, ~-~',~'~ Notary Public, State of New York OAVID E. LEBENS Public, State of New York Quailed in Suffolk Cpunty r~o. 52-4791397, , Commissio~ Expires ,,c/t'x//v~ SAFE HARBOR TITLE AGENCY, LTD CHAIN OF TITLE FOR PARCEL B: John D. Meyerdierks To Daniel X. Lynch and Sarah E. Lynch Byron Rushmore To Daniel X. Lynch and Sarah E. Lynch No proof of death for Daniel X. Lynch in Suffolk County. Sarah E. Lynch To Gildo Imperati and Marie J. lmperati No proof of death for Gildo Imperati in Suffolk County. Marie J. Imperati To Nick Saulle, Michael Saulle, and Anthony Saulle Nick Saulle, Michael Saulle and Anthony Saulle To David Patrick McKelvey and Dorothy Green McKelvey Title No. SH292094SS Deed Dated: 10-2-44 Rec'd: 1-2-45 Liber: 2415 Pg: 235 (Lot 17 only) Deed Dated: 10-15-46 Rec'd: 3-11-57 Liber.' 4269 Pg: 588 (Lot 18 only) Deed Dated: 6-24-57 Rec'd: 7-15-57 Liber: 4329 Pg: 457 (Lots 17 &lB) Deed Dated: 4-10-69 Rec'd: 4-15-69 Liber: 6534 Pg: 261 Deed Dated: 2-1-96 Rec'd: 2-15-96 Liber: 11762 Pg: 462 CONTINUED Sworn to before me this 2.,> day of ~ · Notary Public, State of New York DAVID E. LF. gENS No~ Pub;ic, State of New York Qualified in Suffolk County No. 52-4791397~ ~ Commission Expires ~ SAFE HARBOR TITLE AGENCY, LTD by ~]~0~ ~~-~ CHAIN OF TITLE FOR PARCEL B: (continued) Title No. SH292094SS David Patrick McKelvey and Dorothy Green McKelvey To Richard G. Fingerhut and Haley Fingerhut Deed Dated: 11-2-04 Rec'd: 2-23-05 Liber: 12373 Pg: 360 LAST DEED OF RECORD CHAIN OF TITLE FOR PARCEL C: Frank R. Nichols and Carolyn L. Nichols To Angelo M. Galardi and Mary Galardi Deed Dated: 5-18-46 Rec'd: 5-21-46 Liber: 2567 Pg: 310 No proof of death for Mary Galardi or Angelo Galardi in Suffolk County. Linda S. Mosca and Charles Galardi, sole surviving heirs of Angelo Galardi To Charles Galardi Deed Dated: 3-9-71 Rec'd: 3-24-71 Liber: 6904 Pg: 211 Charles Galardi To William Moller and Adele Moller Deed Dated: 9-2-75 Rec'd: 10-1-75 Liber: 7918 Pg: 134 William Moller and Adele Moller To William C. Meehan and Theresa M. Meehan Deed Dated: 12-1-83 Rec'd: 1-12-84 Liber: 9494 Pg: 26 CONTINUED Swom to before me this ~/> day of ~. 9~,,, q SAFE HARBOR TITLE AGENCY, LTD by ~0'~ ~ Notary Public, State of New York DAVID E. LF. BENS Notary ~blic, State of New York Commissi~ Expires ~ Title No. SH292094SS CHAIN OF TITLE FOR PARCEL C: (continued) William C. Meehan and Theresa M. Meehan To Vincent Falco and Linda Falco Deed Dated: 4-30-87 Rec'd: 5-19-87 Liber: 10322 Pg: 394 LAST DEED OF RECORD CHAIN OF TITLE FOR lffilffiJlJ~/: Seymour J. Baum To Anne M. Baum Deed Dated: 12-14-44 Rec'd.' 12-28-44 Liber: 2414 Pg: 449 Seymour A. Baum, Donald F. Baum, as Executors of Anne M. Baum To Martin Weglicki Martin Weglicki To Robert G. Bums and Thomas L. Bums Deed Dated: 5-18-64 Rec'd: 7-2-64 Liber: 5569 Pg: 199 Deed Dated: 1-28-66 Rec'd: 2-8-66 Liber: 5908 Pg: 19 Robert G. Bums and Thomas L. Bums To John J. Bums and E. Margaret Burns Deed Dated: 3-1-66 Rec'd: 10-7-68 Liber: 6432 Pg: 319 John J. Bums and E. Margaret Bums To Regina M. Bums Deed Dated: 11-18-96 Rec'd: 11-25-96 Liber: 11803 Pg: 156 CONTINUED Swom to before me this 2.~ day of ~t~, Notary Public, State of New York D^¥1D E. LEBENS Notary Public, State of New York Qualified in S4Jffolk County No. 52-479479~397/ / Commission Expires ff~/.,~ /I..7 SAFE HARBOR T1TLE AGENCY, LTD by ~N 0'-/'c'x ~-t~ ' 6 CHAIN OF TITLE FOR PARCEL D: (continued) Regina M. Burns (John J. Bums life tenant) To Patricia F. McCarthy Title No. SH292094SS Deed Dated: 2-3-00 Rec'd: 2-15-00 Liber: 12020 Pg: 883 LAST DEED OF RECORD CHAIN OF TITLE FOR PARCEL E: Deed William F. Abitz and Son Dated: 2-19-55 To Rec'd: 2-21-55 Anne M. Baum, as to 14/32% undivided interest, Liber: 3842 Pg: 220 Jeanette Abitz, as to 8/246% undivided interest, William F. Abitz and Edward G. Abitz, as to 63/246% undivided interest, Clarence A. Glowacki and Mildred E. Glowacki, as to 4/246% undivided interest, Edward H. Stammel and Lydia Stammel, his wife, as to 4/246% undivided interest, Hans Miessnest and Irene Meissnest, his wife, as to 2/82% undivided interest, John Skuro and Ann Skuro, his wife, as to 2/82% undivided interest, Ann Skuro, as to 1/82% undivided interest, Edwin Meyer, as to 1/82% undivided interest, George S. Young and Nadia Young, his wife, as to 1/82% undivided interest, Rose A. Ehalt, as to 2/82% undivided interest, Oscar Ward Marks and Frances A. Marks, his wife, as to 1/82% undivided interest, Paul M Haslach and Jane Haslach, his wife, as to 1/82% undivided interest, Edna Schade, as to 1/82% undivided interest, Walter A. Coyman and Ethereda Coyman, his wife, as to 2.82% undivided interest, William Gunther and Evelyn Gunther, his wife, as to 2/82% undivided interest, Albert Biggs and Sophie Biggs, his wife, as to 1/82% undivided interest, Angelo Coletti and Ernestine Coletti, his wife, as to 1/82% undivided interest, Mary A. McAssey, as to 1/82% undivided interest, Charles D. Brinser and Agnes M. Brinser, his wife, as to 1/82% undivided interest, Frank Fischer and Emma Fischer, his wife, as to 1/82% undivided interest, James H. MacLellan and Mildred MacLellan, his wife, as to 1/82% undivided interest, Theodore W. C. Switsavage and Eleanor Switsavage, his wife, as to 2/82% undivided interest, August Mathes and Rose Mathes, his wife, as to 1/82% undivided interest, Fred M. Delahunty and Florence T. Delahunty, his wife, as to 2/82% undivided interest, Lorraine R. Winkworth, as to 1/82% undivided interest, Martin Weglicki, as to 5/246% undivided interest, Martin Weglicki and Stella Weglicki, his wife, as to 8/246% undivided interest, James E. Corrigan and Ann Corrigan, his wife, as to 4/246% undivided interest, Helen M. Kroeger, as to 4/246% undivided interest, William F. Fox and Florence N. Fox, his wife, as to 5/246% undivided/nterest, William G. Peter and Marion Peter, his wife, as to 2/82% undivided interest, Daniel J. Mahoney and Mary A. Mahoney, his wife, as to 1/82% undivided interest, Samuel A. Main and Eva M. Main, his wife, as to 1/82% undivided interest, Albert J. Cusa and Lillian Cusa ,his wife, as to 1/82% undivided interest. CONTINUED Sworn to before me this 2e.> day of ,,,4~t~f, ~--e:~" Notary Public, S~te of New York DAVID E. L~ENS N~ ~ic, ~ ~ N~ ~ Oual~ in~ No, 52 7 ,/ / ~mi~i~ ~ms ~ SAFE HARBOR TITLE AGENCY, LTD by ~q,~ ~~-~ CHAIN OF TITLE FOR PARCEL E: (continued) Marion Fox, Robert Weglicki, and Eugene Weglicki as sole distributes and heirs of Martin Weglicki To Laurelwood Estates Property Owners Association, Inc. Title No. SH292094SS Deed Dated: 12-1-80 Ret'd: 2-9-81 Liber: 8958 Pg: 187 CHAIN OF TITLE FOR PARCEL F: Peconic Bay Boulevard Sworn to before me this ~' day of ~t~ Notary Public, State of New York DAVID E. LEBENS No~ Public State of New Ymk uualifi~l in4~S~Oll ~tr~ SAFE HARBOR TITLE AGENCY, LTD 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 November 18, 2009 Zoning Appeal No. 6352 Transmitted herewith is Zoning Appeals No. 6352 of Patricia Moore for Christopher & Patricia McCarthy- 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, Cover Letter from Patricia Moore, Copy of Building Permit with Disapproval Dated November 6, 2009, Notice of Disapproval Dated November 6, 2009, Authorization Letter from Christopher & Patricia McCarthy to Patricia Moore to Represent them in this Matter, Copies of 3 Different Property Record Card, 2 Pages of Photos of Property, Copy of Survey Dated June 4, 2009 Prepared by Nathan Taft Corwin III, 2 Pages of Plans Showing Elevations & Floor Plans Dated April 2009 Prepared by Charles M. Thomas. Town of Southold P,O Box 1179 Southold, NY 11971 Date: 11/18/09 * * * RECEIPT * * * ReceiptS: 61481 Transaction(s): 1 1 Application Fees Reference Subtotal 6352 $550.00 Check#: 163 Total Paid: $550.00 Name: Mcca~hy, C.m. 58 Crescent Place Sho~ Hill, NJ 07078 Clerk ID: CAROLH Internal ID: 6352 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY ! 1971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 260 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 25, 2010: 11:20 A.M. CHRISTOPHER M. McCARTHY & PATRIClA F. McCARTHY #6352. Request for Variances from Code Section 280.124, based on an application for building permit and 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 Peconic bay Blvd., Laurel, NY. CTM: 145-2-14, 15, 16. 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 prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://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 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 retumed to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a wdtten statement, or dudn.q the hearing, previdin.q 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 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 headn9. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not retumed, 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 Ends. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APPEAL~ Kamn 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 day of ~ Principal Clerk Sworn to before me this ~L.~ dayof ~ 2010. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: McCARTHY, C. # 6352 MAP #: 1000-145-2-14,15,16 VARIANCE: SETBACKS REQUEST: ADDITIONS/ALTERATIONS DATE: THURS, F .25, 2010 11:20 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHRISTOPHER & PATRICIA MCCARTHY (Name of Applicant) CTM Parcel #1000~2-14, 15 & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the'~day of February, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. NS Sworn to before me this day of February, 2010 ( (l~otary PubliC)MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~20 I / 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. MCCARTHY NEIGHBOR LIST SCTM: 1000-145014, 15, & 16 MARC & REGINA MEHALAKES 1475 PECONIC BAY BLVD. LAUREL NY 11948 SCTM: 1000-145-1-2 RICHARD & HALEY FINGERHUT 5 SMITHTOWN CRES. SMITHTOWN NY 11787 SCTM: 1000-145-3-1 KATHRYN CHILDS 605 OLD DUTCH ROAD BEDMINSTER NJ 07921 SCTM: 1000-145-3-6 LAURELWOOD ESTS. PROPERTY OWNERS ASSOC. PO BOX 505 LAUREL NY 11948 SCTM: 1000-145-2-18 VINCENT & LINDA FALCO 130 S. OAKWOOD DRIVE LAUREL NY 11948 SCTM: 1000-145-3-2.2 THOMAS PERILLO & OTHERS 9 MURRAY STREET FARMINGDALE NY 11735 SCTM: 1000-145-2-17.1 FRANK ZAGAR1NO REV. TRUST 200 S. OAKWOOD ROAD LAUREL NY 11948 SCTM: 1000-145-3-3.1 THOMAS PERILLO JR 87 OLD COUNTRY ROAD MELVILLE NY 11747 SCTM: 1000-145-2-17.2 GREGORY & LYNN BAUMGARTEN 34 DURLAND ROAD LYNBROOK NY 11563 SCTM: 1000-145-3-4.3 STUMPF LIVING TRUST 410 S. OAKWOOD DRIVE LAUREL NY 11948 SCTM: 1000-145-3-5 PATRICIA C- M~ORE ESQ- S1020 MAIN ROAD SOUTHOLD NY 11971 Received By: Clearly) Date of Delivery PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 re: (r~Addressee or [:]Agent) Received By: Clearly) C. Date of Delively PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 A, Signe~td, y~ (13Adc~resse~ or [3~gent) ,tlcle Number 7192 6463 3110 0000 6234 IIIIII III II IIII II III IIIIIIIl lll ll lll l lll 7192 6463 3110 0000 6234 1. Article Addressed To: RICHARD & HALEY FINGERHUT 5 SMITHTOWN CRES. SMITHTOWN NY 11787 4. Reetrleted Delivery? (Extra Fee) [] Yes/ CERTIFIED 2. Article Number 7192 6463 3110 0000 6265 7192 6463 3110 0000 6265 4. Reltrluted Delivery'7 3:Se~y~'l'~ 'n~' I (ExtMFee) []Yes CERTIFIED 2. Article Number I 7192 6463 3110 0000 6227 7192 6463 3110 0000 6227 1. Article Addressed To: GREGORY & LYNN BAUMGARTEN 34 DURLAND ROAD LYNBROOK NY 11563 Article Addressed To: MARC & REGINA MEHALAKES 1475 PECONIC BAY BLVD. LAUREL NY 11948 RECEIPT 7192 E~63 311o oc~o 6227 FROM: , PATRICIA C. MOORE ESQ. RE: SEND TO: FEES: ~,0s'rMARK pR ~'rE RECEIPT 7192 6463 311 o oo(x) 6265 FROM: PATR[CIA C MOORE ESQ RE: SEND TO: GREGORY & LYNN EAUMGART FEES: TOTAL -~, $ 5.54 POSTMARK OR DATE RECEIPT RECEll 7192 6463 3110 ~1~241 FROM: FROM: pATRICL~ C MOORE ESQ PATRICIA C MOORE ESQ RECEIPT 7192 6463 3110 0co0 62~38 FROM: pATmmA C. MOORE I~S~. RE: SEND TO: SEND TO: VINCENT& L[NOA FALCO 130 S. OAKWOOD DRIVE LAUREL NY 11~8 RECEIPT 7192 6463 3110 CO00 6272 FROM: pATRICIA C MOORE ESQ RE: FEES: FEES: 0.44 Postage 044 TOT~ $ s~4 TOT~ s~ pOsl'i~RK OR DAT~ pOs~RK ~, SEND TO: STLIMPF LIVING TRUST 410 S OAKV~OD DRIVE LAUREL NY 11948 RECEtPT 7192 6463 3110 0000 6269 FROM: FEES: 044 Postage TOTAL $5.54 PosTMARK'OR. 0AYE sEND TO: FEES: 044 postage 280 · $ 5.54. TOTAL posTMARK OR DATE SEND TO: FRN~K ZAC-~RIHO R~. TRUSl FEES: 044 TOTAL ' $ 5.54 Pos'rMAR~ oR d~TE RECEIPT 719264633110(30006296 FROM: pATRICIA C. MOORE ESQ RE: SEND TO: LAUREL'~N~OO ESTS pROPER' oWNERS AssOC PO BOX 505 FEES: pos~ge 280 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 71~2 6463 311o cooo 63o2 FROM: PATmC~, C MOORE ES0 RE: SEND TO: THOMA~ PERILLO & OTHERS 9 MURRAY STREET FEES: 044 ~ostage TOTAL $ 5~'~ POSTMJ~K RECEIPT 7192 6463 31 io ~ooo 6319 FROM: PATRIC~ C MOORE ESO RE: SEND TO: THOMAS PERILLO JR 87 OLD COUNTRY ROAD MELVILLE NY 11747 FEES: o44 TOTAL POSTMARK g, ECEIVED BOARD OFAPPEALS 11S~UTHOLD #Y 11971 , ReoeNed By: (Please Print Clearly) 4. Restricted Delivery? 3.'Servl~e Type (Extra Fee) [] Yes CERTIFIED~ 2. Article Number 7192 6463 3110 0000 6319 7192 6463 3110 0000 6319 1. Article Addressed To: THOMAS PERILLO JR 87 OLD COUNTRY ROAD MELVILLE NY 11747 State ZIP + 4 Code PATRZCZA C. MOORE ESQ. 51020 fi,IN ROAD $OUTHOLD NY 11971 4. Restricted Delivery? 3. Se~vi--~e"~y~" -- (Extra Fee) [] Yes CERTIFIED 2. Article Number 6463 3110 0000'6289 [,92 6463 3110 0000 6289 1. Article Addressed To: KATHRYN CHILDS 605 OLD DUTCH ROAD BEDMINSTER NJ 07921 F PATR/C[A C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 ,/nature: ([:]Addressee or Date of Deliven/ J (Extra Fee) [] Yes 2. Article Number 7192 6463 3110 0000 6258 7192 6463 3110 0000 6258 1. Article Addressed To: FRANK ZAGARINO REV. TRUST 200 S- OAKWOOD ROAD LAUREL NY 11948 m ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHRISTOPHER & PATRICIA MCCARTHY AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-145-2-14, 15, & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, NANCY DWYER, residing at I~.~-~ ~O'~ ~.,.~.~j.,t,,~ ~ ~ ~ · being duly sworn, depose and say that: On the/~ day of February, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, February 25, 2010 Sv~grn to before me this ~'~--~ day of February, 2010 Notary P~,~lic MARGARET C. RIJTKOWSK~ Notary Public, State of New York No. 4982528 Qualifiedm in Suffolkj~ ~.C°unty <~ f. Com i~sion Expires une ;;A I *near the entrance or driveway entrance uf [I,~ 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 Mailine Address: 53095 Main Road P.O, Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI'IOLD Tel. (631) 765.1809 Fax (631) 765.9064 November 20, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6352 McCarthy, Christopher 1 g ¢%9 Dear Mark: We have received an application for proposed construction on non-conforming lot, front and side yard setbacks. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. our written ~valuatlon w~th recommendations for this proposal, as required under the Code procedi~res of LWRP Section 268-5D is requested within 30 days of receipt of this letter. :~: Very truly yours, Gerard,. Chair~ By: ~.~. ,ehr[.nger __ Encls. 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 November 20, 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 ×IV of the Suffolk County Administrative Code: ZBA File # 6352 Owner/Applicant: McCarthy, Christopher Action Requested: Proposed construction, front and side yard setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. , ( ) Boundary of Agricultural District > ( ) Boundary of any Village or Town If any other inform:ation is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerar~ 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 Apfill4,2010 Patricia C. Moore Esq. 51020 Main Rd. Southold, NY 11971 Re: ZBA # 6352, McCarthy Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 8, 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. Sincerely Vicki Toth Encl.