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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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ZBA# ~_OO q ::]-' Tax Map #: /E>c~-- ~>6. COVER SHEET WITH ZBA FILE STATUS OF FILE [ ] Refuad issued: CANNOT activate or reactivate file (Applicant has withdrawn application). [ '-~] NO REFUND DUE, based on time spent for Town to process application and heatings. [ j>~] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. forms were returned to applicant early in process, as requested by applicant.) (All 04/21/2010 13:37 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road $outhold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 755-4~43 April 21, 2010 Attn: Vicki Zoning Board of Appeals 53095 Main Road PO Box 1179 $outhold, NY 11971 By Fax RE:# 6047 SCT~: 1000-86-6-4 BOARD OF AppEAl Dear Chairman: With reference to the above, Mr. and Mrs. Iavarone constructed a new house conformin9 to zoning. Please consider the Appeal withdrawn. Thank you. Very.~yours, Patricia C. Moore bp encls. · Complete items 1, 2, and 3. Atso complete Item 4 If Resblcted Delivery Is de,red. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the f~ont If space perm.. B. Recelved by ( Prlnted Name) C. Date of Deilvery I~. ~ ~-~,v~--f ~/~,~- / D. Isdellve~yeddressdilfam~ffornlteml? r-lyes ff YES, enter delivery addreee below: ENo [] Certified M;~I [] Expmes Mall [] Registered [] Return Receipt for Memhendlse [] Insured Mall r~ C.O.D. 4. Res~icted Deliver/? (EX~a Fee) I-lyes 7009 0820 0001 7819 6419 PS Form 3811, Februar/2004 Domestic Return Receipt Z/P+4 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 VIA CERTIFIED April 19, 2010 Ptricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Pending ZBA File#6047, Iavarone Dear Ms. Moore: Your application has been dormant since June 2007. The Zoning Board of Appeals is writing to inform you of their intent to close this application, unless within thirty (30) days of your receipt of this letter, you respond in writing of your intention to move forward. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, ~ Vicki Toth Board Assistant TO: $OUTHOLD BUILDIN~EPT 1G~765950~ PR~E~ FORM NO. 3 / NOTICE OF DISAPPROVAL DAT~C!~)~er 7, 2006 RENEWED & ~ND~[ May 1, 2007 Joseph 150 Foxhunt C~ Oyster Bay Cove, NY 11791 Please take notice that your application dated August 16, 2006 For permit to construct additions mqd alterations to an existing single.family dwelling and construct an accessory garagc at Location ofproperty 450 Wood Lanc, Peconic. NY County Tax Map No. 1000 - Section ,8.6 Block6 Lot~4 Is returned herewith a~ld disapproved on the following grounds: The proposed construction, on this non-conforming 32,670 square foot parcel in the R-40 District, is not vermitted vursoant to Article XXIII, Section 280-122A which states: "Nothin~ in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action docs not create any new non-conformance or increase thc de~ee ofnon-con/brmance with regard to the regulations 'ocrtainin~ to such buildings,~t The existing, dwellin~ notes a si.0gle side yard setback o1' 11.25 feet. The m-onosed construction will maintain that setback. Therefore, thc proposed construction is not pemaitted pursuant to Article XXIII Section 200-124, which states that non-confomnin~, lots,.measuri~g between 20.000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. In additi0.n., the proposed construction is not pemaittcd pursuant to Article XXll Section 280-116 B, which states; "All buildings located on lots uoon which a bulkhead, concrete wall, ripmv or similar structure exists and which arc adjacent to tidal water bodies other than sounds shall be set back not le~s than seventy-five (75) feet from thc bulkhead." Thc dwelling notes an existing setback of+/- 33 l'cct from the existing bulkhead. Thc orooosed addition will maintain that setback. In addltmn~ the proposed accessory garage is not pcrmattcd pursuant to Article IHn Section 280- 15, which states that such buildin-s shall be set buck at least 15 feet from the side property line. The oronoscd construction notes a sldc yard setback of 5 feet. 05-16-2007 08:55 SOUTHOLD BUILDIN~EPT 16317659502 PASE2 This Notice of Disapproval was amended on Nlav I, 2007 to address the new acccssory, gara~_e. ~ Aut-~orized ~i~l~lature CC: file, Z.B.A Note to Applicant: Any change or deviation to the above referenccd application may require addition al review from thc Southold Town Building Department. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 11, 2007 THOMAS ISLES; AICP DIRECIOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning comrmssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Sachman 6040 Reeve 6041 Mazur 6044 Gross 6045 Oak 6048 Retus 6049 Melnick 6050 Brewer Yacht Yard 605 l Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 41H FLOOR · P.O. BOX 6100 (631) 853-5190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 1197 ! Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To~ From: Date: MEMORANDUM James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator ~ June 22, 2007 Re~ ZBA File Reft No. 6047 (Iavarone) SCTM#1000-86-6-4 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance of the covered porch from the timber bulkhead is proposed at 35 feet; a minimum separation distance of 100' is required pursuant to Chapter § 275-3. Findings; purpose; iurisdiction; setbacks. In addition~ a minimum setback distance of 75 feet is required pursuant to Chapter § 280-116 B. AH buildings or structures located on lots upon which a bulkhead~ concrete wall~ riprap or similar structure exists and which are ad]acent to tidal water bodies other than sounds shah be set back not less than 75 feet from the bulkhead. Please require that the applicant amend the application to meet the above policy. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town Hall Annex 54375 State Route 25 Rd. & Youngs Ave.) Southold, NY To: MAILING ADDRESS: P.O. Box 1179 Southold, KY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR Jim King, President Town of Southold Board of Trustees TOWN OF SOUTHOLD From: Scott Hilary, LWRP Coordinator Date: June 16, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for JOSEPH & JUNE IAVARONE SCTM#86-6-4 ( q;'~ a.)~o,d Z~r~'eee..~;c) JOSEPH & JUNE IAVARONE request a Wetland Permit to demolish the existing dwelling, construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100' from the bulkhead. Located: 405 Woods Lane, Peconic. SCTM#86-6-4 .proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town e and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information submitted n~'this department, as well as the records available to me, it is my recommendation that the setback from the proposed residence is 70' from the bulkhead as measured on the survey and therefore the proposed action may require a variance from the Zoning Board of Appeals pursuant § 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead. NOTE: The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications pursuant § 268-5 Review of actions. § 268-5. Review of actions. F. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3q 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the L WRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agenc}, for the determination of consistencl2 for variance applications subiect to this chapter. The Zoning Board of Appeals shall consider the written consistenc}, recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance l im~ate conditions on the variance to make the activiff consistent wi~ this CC: Gerard Goehringer, Chair Zoning Board of Appeals Mike Verity, Principal Building Inspector Mark Terry, Principal Planner/LWRP Coordinator STP, AW DALE D IC~ DERAIL INSTALMJION DfiTAIL5 DESCRIFq'ION CAUTION: cox,',~'_~cT'F_~::,7-o ,v'd~l.a:; ~ ANY NEW OR E~STING CtJRBS, WAI. I~ OR ROAOWAYS IN THE STREETS SHOWN HEREON. 2.SUBSURFACE INFORM4~ON SHOWN HEREON WAS O~]TAINED FROM VARK)U~ CO{JNht DEPAR~ AND/OR NO RESPONSIB&JTY FOR ANY OF THIS DATA 3.ELEVA~ONS REFER TO OFFICIN. DATU~ OF T~E COUNW OF SUFFOU( WHICH IS EQUAL TO IHE U. S. COAST AT SAN~Y HO01( 5E~PTI~ ~"~STE~ C::)ETAIL /~1~ ......... 10.6~ SP %pographic Survey of Property 9faynes r. andSurveyors Pmf~ssio~I Land ~ City Surveyors 199 £afay, tt~ Or~ S..yo=et, ~.. 'Y. 11791 718-651-7595/$16-496-1790 ~ea~ 516-496-1792 CPecomc st,& .i,=20,-0,, sun,~ 'ToFographi:Survoff ..Iu~ 15, 2006 Y I Z I F 0 F I- F I F I 0 Z Z 0 0 A fool ~ I ,42" MAg~oNJR'¢ FI~EtbLACE P4/ FRESH AiR INTAKE ~B D20 FOR '1' ffPIJ. Ah FIIREPLAC~ ~DTAIL~) 20'-2 [/2" ~,t~AT ~oo~4 I r-er (COL) fPORCH) UP COVEtS. EIb PO~C.,H (COL,) KITGHEN BATH A L ~ lq fOOL I F t t~,ST PLAN PANT. F A ATTENTION PLANS EXAMINER THESE PLANS HAVE BEEN DESIGNED FOR THE SPECIFIC BUILDING SITE INDICATED IN THE TITLE BLOCK. USE OF THESE PLANS AT ALTERNATE LOOATIONS IS STRIOTLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT ONE._° od - )- b Z 0 0 F 0 I F 0 Z b H A BATH -q L I, SUITE FL. AT ~ALL r ^eov~-- ~__,1 i i i FLAT ID H FLOO~ PLAN LE~ENI:> BArTH 5TORA~,E _J F ATTENTION PLANS EXAMINER THESE PLANS HAVE BEEN DESIGNED FOR THE SPECIFIC BUILDING SITE INDICATED IN THE TITLE BLOCK, USE OF THESE PLANS ATALTERNATE LOCATIONS IS STRICTLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE ARCNITECT. 0 ¢ 0 I F ? ill ....... ~--f~ 0 N-T. -B-L-E-¥: A-T I 0 N F .if L ~I~,MT ~, I ;I:2 E I= ,L, ~= V' A T I ON ..... f~.EPh~ TO F:'R. ONT ELEVATION F:O~ TYPICAL EX71E~IOf~. F:INI~N NOTE¢ ~CALE TYPICAL EXTEP-,.IO~ FINISHES: ATTENTION PLANS EXAMINER THESE PLANS HAVE BEEN DESIGNED FOR THE SPECIFIC BUILDING SITE INDICATED IN THE TITLE BLOCK. USE OF THESE PLANS AT ALTERNATE LOCATIONS IS STRICTLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. ILl zE,t' z37- I Z 0 J I ~L F == ± t~LEVATION ......... I~Et=EP-, T~2-~'f~.OlqT t=EE",~ATFON-FOP--TYt:'I~2AL ~=XT~t~IOt~. FINISH NOTED [ L E F~ "T' ~,1~ El. lB'CATION t~.EF::~R, TO t=t~,ONT r::LEVATION F:OI~. T'fPICAL EXTER. IOP. FINICH NOTE5 A~,TTENTiON PLANS EXAMINER. TI IES~E PLANS NAVE BEEN DESIGNED FOR THE SPECIFIC LDINL~ S TE INDICATED IN THE TITLE BLOCK. USE OF THESE PLANS AT ALTERNATE LOCATIONS IS STRICTLY PRORIDITED WI FHOUT THE WRITTEN CONSENT OF THE ARCHITECT' Z 0~ I L E NO.: (2) I ~1~"~ 112" ~AI~A~E DLAt~ AA EX ic-C-JOP~ FINI¢:4..I 'r"YPIC,,,~4.- E, ON~3T. DATA.. 'T"dPICAL I~.OOF C, ON,~TRUC.,TION. T"r'I='I~..AL I%,~LL C..,ON.~Tt~JJC~TION: TYPIC, AL ¢ILL ,CON~,TRUCTION~ :DETAIL 114" = J'*O" ATTENTION PLANS EXAMINER 1HESE PLAN~ HAVE BEEN DESIGNED FOR TIlE GPECIF1C BUILDING SITE INDICATED IN THE TITLE BLOCK. USE OF THESE PLANS AT ALTERNATE LOCATIONS IS 8THICTLY PBOHIBITED WITHOUT THE WRrlTEN OONSENT OF THE ARCHITECT. FRONT ELEVATION F=OR TYPICAL EXTERfOt~' FINIDH NOTED t.c-~=r-t:::r<. TO FRONT ELEVATION FOR. TYPIC, AL EXTERIOR. FINISH NOTES ILl z~z z I L I~ NO. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 405 Street Wood Lane Hamlet Peconic SCTM 1000 Section 86 Block 6 Lot(s). 4 Lot Size .75 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/7/06 updated and amended 5/1/07 BASED ON MAP DATED 4-3-07 Applicant(s)/Owner(s):. Joseph V. Ivarone Mailing Address: 150 Foxhunt Crescent~ Oyster Bay Cove, NY 11791 Telephone: 516-624-0678 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patrieia C. Moore for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: 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 6-15-06 amended 4-3-07 and DENIED AN APPLICATION DATED AuRust 16, 2006 and ul}dated O, ara~,e)._____ FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 200-1241 Art XXII 280- 116 B and III 280-15 Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. ~f~h[3 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 ' ~ ~ ~ ~ p~or appeal~as, E has not been made at any time with respect to this properS, UNDER Appeal No. Ye~ ' . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Joseph Ivarone ZBA File # REASONS FOR APPEAL (additional sheets maF 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 property is a waterfront pre-existing nonconforming lot along Richmond Creek. The property contains an existing bulkhead and existing residence located 32.8 feet from the bulkhead. The owner wishes to renovate and expand the existing residence. In addition the existing residence is nonconforming at 11.3 feet to the easterly property line. The house is not going closer to the established setbacks, the second floor is being constructed landward of the existing residence- in line with the west side of the house. The proposed construction is set back landward of the neighbor's house on the east. The existing residence is being expanded (up) midway on the existing dwelling and on the west side (conforming side). The existing brick patio seaward of construction is retained. Also proposed is a new garage. Due to the narrow width of the property the garage would be in the center of the property if made 15 feet from the property line with the newly adopted accessory setback regulations. The garage is in the front yard and must be placed closer to the side property line then the code allows. The existing garage will be demolished and replaced with a garage that matches the architectural character of the renovated 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 existing residence can not accommodate their growing family. The existing house is maintained as a room in the new house because of the charm as a summer "fishing" cottage. The renovation is maintaining the existing residence with new foundation in the area of the expansion and addition up. The 1920's home is being updated and made to conform to current building codes. The addition is landward of the enclosed porch. The second story of the house will be new and constructed landward of the seaward side of the house (see survey and plans) (3) The amount of relief requested is not substantial because: The architect has designed alterations and additions to the existing dwelling which are landward of the existing residence. The addition is on the conforming side (west). Richmond Creek is a very calm water body with minimal risk of flooding or erosion. The existing home is more than 80 years old and has no evidence of flood damage. The property has bulkhead and the alterations to the house are consistent with the renovations and additions of homes in the surrounding properties. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed alterations to the existing residence have obtained Southold Town Trustees approval and both the DEC and Health Department applications are pending. The construction will upgrade existing conditions, provide for drywells and gutters, upgrade the sanitary system and relocate the sanitary at least 100 feet from the Tidal Water. A nonturf buffer is also provided along the existing bulkhead. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No. However, the existing residence predates existing regulations. Are there Covenants and Restrictions concerning this land: E No. [] Yes (t~lease furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure--ur attorney.) ~Signatnre of Appellant or Author Agent (For ZB* Applicant: ._~-O~Th V. ~V~ Date Prepared: I. For Demolition of EXisting Building Areas Pleasedescribeareasbemgrem°ved:_ 7here { Ne ' · ' II. w Construction Areas ~ew Dwe~ng or New Addidons~xtensions): Dimensions offirst floor extension: ~ , ~ ~ Dimensions of new second floor: ~.' ~ Dimensions of floor above second level: Height (from finished ~oundtotop ofddge). ~ l z_ %~ s basement or lowest floor ~ea being cons~cted? If yes, please pro,de height (above measured Som na~ral exis~g ~ade to first floor: ~ III. ~roposed Alterations or Interior Structural Changes without enlargemenffextension (dEath exba sh*et if necess~) - Please describe building areas: Number.of Floors ~d General Ch~actehsdcs BEFO~ Alterations: IV. Calculations of building areas and lot coverage (fr~ Existing square footag~ of buildings on your property: Proposed increase of building coverage: Square footage of your ~lot: '2.~/ Percentage of coverage of your lot by building area: V. Purpose of New Cons~r. tLq.tion_ Requested: VI. Please describe the'land conto.urs (flat, slope %_, etc.) as exist and how it relates to the dimeulty i, meeting the code reqmrement(s): 'J~](l? 4- -- Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 To~ Southold Town Zoning Board Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000- 86-6-4 The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed addition to a residence on the above referenced parcel. PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 16,2007 Attn: James Dinizio, Chairperson Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RE: JOSEPH IAVARONE PREMISES: 450 WOOD LANE, PECONIC, NY SCTM: '1000-86-6-4 Dear Chairperson Dinizio and Board With reference to the above, please be advised that my client is submitting a request for a variance to renovate and improve the existing dwelling and detached garage. We are submitting the above referenced application together with the required attachments and check for filing fee. Would you kindly place this on your earliest calendar for a hearing. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore PCM/bp encls. PATRICIA C. MOORE Attorney at Law 020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 18, 2007 Attn: James Dinizio, Chairperson Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED RE: JOSEPH IAVARONE PREMISES: 450 WOOD LANE, PECONIC, NY SCTM: 1000-86-6-4 Dear Chairperson Dinizio and Board With reference to the above and supplementing my original package delivered to you on the 16th, enclosed please find the revised project description and LWRP with Trustees permit attached. I am also enclosing my check in the amount of $600.00 representing the application fee. Would you kindly place this on your earliest calendar for a hearing. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore PCM/bp encls. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 Waterfi'ont 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# 1000-86-06-4 Joseph V. Iavarone (received Consistency Review for Trustees permit)- due to proximity to Richmond Creek previously deemed inconsistent and Trustees implemented conditions to make project more consistent 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~g~_ Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) [] Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: Renovations, alterations and additions to existin[, residence and detached garage (no variance required for garage) Location of action: 405 Wood Lane, Peeonic NY Site acreage: 28,595/.656 Acre Present land use: existing residence Present zoning classification: R-40 nonconforming 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: Joseph V. Iavarone (b) Mailing address: 150 Foxhunt CRS Oyster Bay Cove, NY 11791 (c) Telephone number: ( 516 ) 624-0678 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency: Town of Southold LWRP Consistency Assessment Form 2 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 2for evaluation criteria. Yes ~ No [] Not Applicable [] Discussion (if appropriate): The existing residence was constructed in 1906 and will be renovated and expanded. The expansion is within the same footprint and landward of the existing structure. The bt~lkhead will be maintained. Policy Z Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section IIl- Policies Pages 3 through 6for evaluation criteria Yes [] No)S;~ Not Applicable~j~ Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section II1 - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applieable~i~l Discussion (if appropriate): addition to existing residence no visual impact Town ofSouthold LWRP Consistency Assessment Form 3 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 16for evaluation criteria Yes't~l, No [] Not Applicable [] Discussion (if appropriate): the proposed addition will require compliance with NYSBuilding Code. Trustees approved the plan with mitigation with drvwelis, gutters and haybales during construction Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable'~ Discussion (if appropriate): a new sanitary is I~rovosed ~reater than 100 feet from the water body (Richmond Creek) Policy'6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable~)~ Discussion (if appropriate): the addition to existing residence will require the property to upgrade and improve existing conditlon~ Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable'~ Discussion(i£appropriate): N/A ~:SCl~ ~t~Ot~e~ ~/t~/)tTa'~/~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 1II -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable ~ Discussion (if appropriate): The new sanitary will be consistent with Coastal Policies Town of Southold LWRP Consistency Assessment Form 4 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 II1 - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable Discussion (if appropriate): Town of Southold LWI~P Consistency Assessment Form 5 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 56for evaluation criteria. Yes [] No [] Not Applicable~ Discussion (if appropriate): The existing residence predates Town's regulations 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 62for evaluation criteria. Yes [] No [] Not Applicable)~x Discussion (if app~ropriate): N/A Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section II1 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable~ Discussion (if appropriate): N/A Policy 13. LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable ~ -~SZ'co ~ ,~r~ar~ -- Discussion (if appropriate): N/A A/o /Tt~y~'~/'- ~ ~ Promote appropriate use and development of energy and mineral resources. See *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 6 James F. King, President Jill M. Dohorty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 20, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Joseph lavarone 150 Fox Hunt Crescent Oyster Bay Cove, NY 11791 RE: JOSEPH IAVARONE 405 WOOD LANE, PECONIC SCTM#86-6..4 Dear Mr. lavarone: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 20, 2006 regarding the above matter: WHEREAS, JOSEPH IAVARONE applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 16, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: a line of staked hay bales installed during construction, the installation of drywells and gutters to contain the roof run-off, and a 10' non-turf buffer area, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 20, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH IAVARONE to renovate the existing one and a half stoW wood frame dwelling, demolish existing one-stow section of house and construct a new one and a half stow wood frame addition; demolish existing detached garage and construct a new two-car garage, with the condition a line of staked hay bales is in place during construction, gutters and drywells are installed to contain the roof run-off, and a 10' non-turf buffer landward of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated April 3, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, President, Board of Trustees JFK/Ims BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6461 DATE: SEPTEMBER 20~ 2006 ISSUED TO: JOSEPH IAVARONE PROPERTY ADDRESS: 405 WOOD LANE~ PECONIC SCTM#86-6-4 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 20, 2006, and in consideration of application fee in the stun of $250.00 paid by ~h Iavarone and subject to the Terms and Conditions as stated in the Resolution, the Southotd Town Board of Trustees and permits the following: Wetland Permit to renovate the existing one and a half story wood frame dwelling, demolish existing one-story section of house and construct a new one and a hz story wood frame addition; demolish existing detached garage and construct a car garage, with the condition a line of staked hay bales is in place during construction, gutters and drywells are installed to contain the roof run-off, and a 10' non-turf buffer landward of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated April 3, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James F. King, Presiden( Jill M. Deherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE L//Pre-construction, hay bale line __ 1st day of construction ~ constructed V" Project complete, compliance inspection. TOWN ~i SOUTHOLD I:~OPERTY RECORD )WNER :ORMER ?WNER CARD ~./~, DISTRICT SUB. ACREAGE TYPE OF BUILDING AGE ( NEW j r SEAS. IMP. VL. TOTAL 3/~ 0 FARM DATE BUILDING CONDITION NORA4AL BELOW ABOVE Acre Value Per Acre Value lane1 lable 2 lable 3 ~odland ampland mhland L~se Plot LOT REMARKS FRONTAGEONWATER /~ a ~ ~ o O -('~ /6 ~ ./(~:~t~ FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. ~-'~/x~,-~ z ~.~, ~ 2~7,.-~-,/zt 2_ ~o ~ /~ Foundation~ Bath ~ Basement Floors ,,~ 0 /~ Ext. Walls Interior F~nish Bxtension ~ I Fire Place [ Heat " Porch Roof Type I , Porch Rooms 1st Floor f . Breezeway J Patio Rooms 2nd Floor Garage ~ ~ ~., ., ~ ~ ¢~f. / , ~ 0 ] ~ ~ Driveway Dormer · apr'. 20; 1972 · ow~ o~ SOU'mOLO, ~*~ZW Yom~ VATZ ........................ *CT~O~ OF 'rile ZO~C,- BOARD OF A~'FEA:LS Ap~ea~ ~o. 1520 ~ ~1 3, 1972 Ae~O~ O~ ~ ~ ~O~ O~ ~ O~ ~ TO~ O~ ~OU~O~ Appellant atamee'Liu~o~tb, eZ(m:~BoardofAppealsou ApNiL1 20, 1972 appeal .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be r~ln~d ( ) be con~rmed becau~ 8:40 P.M. (~.D.S.T.), upoll appltcati~ll O£ for apl~oval of a~ess under S~ction 280A, Town Law, and fo= a variance in a~ordanoe with the Zoning Ordinance, Article Seo~ion 1301 (B). Looation of p~ope~ty: Indian Neck l~ad, Hughes and private road, s~u~h by I~ian Neck ~.ane, and west by now or fo~nerly P. Ku11. Fee paid $15,0~. (would not) FORM ZB4 by all After investigation and inspection ~he Board finds ~a2 applier r~ests ~ss~on for appr~al of accoss ~d for a v~ce on p~r~y l~a~ on lndl~ ~eok ~ad, Pec~lo~ New · ork. The ~d f~ds ~ a 30 f~ r~ght~f~ay ~s ~ del~eat~ ~ ~e 8~lvilion Mp. The private fad will p~l~ access ~ ~e ~ts ~ ~e app~ved ~nor s~ivision. There will b no ~r~er~oe wi~ n-t~al ~ai~qe. The Board f~ndo that otrict application of the Ordinance will produce practical dif£icultieo or unnooessax~ hardship~ the ha~doh~p o~sated is unique and woul~_l~~ not be sha~ed properties alike ~n the immediate vicinity of ~ch:Lm p~operty and ~n the same use dio~ict; and the variance does obserVe the opic:it of the Ordinanoe and will not ohanqe the charaoter of the dio~'£ot, NOW THEREFOR~ BE XT I~ESOT-VED l~Lchm~d C~on, New Su~fo~ New York, ~ G~ approval of ac~oe, ~d vari~ce, as a~lied ~o~, on p~y lo~d on Xndl~ Nook ~ad, Pe~c~ New Yo~k~ s~ect ~= ~t o~ right-of~ay ~ or I~l~ ~te~ial to a wid~ of 20 feet wl~ln · lght-of~ay which ~s ~ desi~at~ on s~ey of ~uly 30, 1971 a&x =~ wx~ ~e con~ of ~e land rather ~ filling ~e nat~al ~ainage ~eas. Vote of the Bo~: Ayes:- Messrs~ G~11iap~e, Bergs, Hulse. side Main Road, Mattituck, New-'~r~, hounded north by now or formerly Kander; eas~ by now or formerly Boucher Estate and others: south by G. Newell; and west by Main Road. 8:10 P.M. (E~S.T.), upon application of Margaret Tighe. Haywaters & private road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Article III. Section 304 for permission to build an addition on existing dwelling with ~educed setback on a corner lot. Location of property: Lot 33, Peconic Bay Properties. (Fishermans Beach), Private Road and Haywaters Road, Nassau Point, Cutchogue, New York. 8:20 P.M. (E.S.T.), upon application of William and Evelyn Moffat, Oaklawn Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission ~o divide lot and read3ust property lines on existing s~ngle lot. Location of property: south side private road off eas= side Oakla~rn Avenue, Southold, New York, bounded north by Hammesfahr & ~eeler. easu by Buerkle; south by LaRivera and Maydon; and west by Hardy. TOWN OF SOUTHOLD, NL~V ¥OP, K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL. NO. ' DATE .~.,.~..,.,!;.~.,?. TO THE ZONING BOAI~D'OF APPEALS, TOWN oF SOUTHOLD, N. l, ~ ...::..[[C..~...~.:......~...o..~.. ................... :.o~ New Su£folk Avenue · Name of Appellant · ............. "~'"'~;'r~t"~'r~l"l~b~'; .......................... ~ew S~f~Co].k N...e..~..~..o..~.k..~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE;BUILDING INSPECTOR ON APPLICATION FOR F~---r,~T ;;C ......~(~ ~... DATED ....... ....................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome o{ ~pl[cant {or l~rmit Street and Number Municipality State { ) PERMIT TO USE ) PERMIT FOR OCCUPANCY · OCAT ON O[ TNE P OPE 'ry ............ '.'.5'.[ ............... Street Use District on Zoning Map Approved Mi~or Su~division Mop No. - Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by r]umber. Do not quote the Ordinance.) Article XIII, Section 1301(B) ~ ~.~-~-o~_ ~ k~ 3. TYPE OF APPEAL AppeaJ is made herewith for C ) A VARIANCE to the Zoning Orclinonce or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not] been made with respect to this decision of the Building Inspector Or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL (~) A Variance to ~e~tion 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) access to the minor subdivision lots to and from Indian Neck 'Road. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pract~aldi~cultl~ orunnec~- saW HARDSHIP bce am building permits might not be issued for residen- tial construction on the lots in the minor subdivision until recog- nition of access has been granted pursuant to Section 280A of the Town Law. Two of the lots'in the subdivision have been sold and it is expected that the purchasers will shortl~ ~ndertake to con- struct residential homes. A 30 foot right of way has been delineated on the st~divtsio%a map with 15 feet of same to be improved for access. The private road is to run 424 feet on its easterly line, and 207 feet, more or lessj on its northerly line. 2. The ha~ip crea~dis UNIQUE andJsn~ shored by oil pmpe~ies ali~ in ~e immedle~ vJcini~ ofthis propertyand in ~is u~ dl~rl~ becouse the private mead will only provide access to the lots in the approved minor subdivision. Other residential pro~erties in the i~,ediate area have their own means of access and will not be affected by the granting of this application. 3. The Varia~e would obese ~e ~irit of ~e O~inonce and WOULD NOT CHANGE THE CHARACTER OFTHE DlSTRICT becatae ~he pUL'~ose O~ the application is in furtherance of the deveZopme~t of the residential area. The grant- lng of reeognitfon of access will make available desirable wooded residential lots which comply in the present area requirements of the Southold Town Ordinance and Suffolk County Department of Hea3:h. STATE OF INE~V YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this 3~d April 19 72 .............................................. day of ........................................................ TOV~N OF -qOUTHOLD BUILDING IY~PAlt TMEh'T TOWN CI.ERK'S OFFICE SOUTHOLD, N. 'ff. NOTICE OF DISAPPROVAL File No .................................................................. Date ................... ~ ..7. ........ 19..?....~' To ..................... PL~SE~]T~ ~O~ ~at yo~ appHeaflo~ dated ....... ~.~ .............. 19~..~. for p,~,~t ~Lo-~v~L~t ~~. at ~e p~mises locat~ at ....~.......~ ..... ~,s~s........~..~ ............ ~...... ~e~ ~~ l~,~*ca hcx~ ~d dhapproved on ~e followfn~ gl~unds .......... ~J~...~ ..... ~..~ ...................... ~.~.,.~.~..~.......~........~.........~ .....~ ~ ..... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN I:IAEL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20 BUILDiNG PERMIT APPLICATION CHECKLIST D6 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 Contact: .. ,20 Mail to: Ex ;ation ~ . APPLICATION FOR BUILDING PERMIT ' i , Date ,20 M-O~-~'~ J INSTRUCTIONS a. This ~[~ ~tely fried in by t~ewfiter or in ~ ~d sub~tted to the Buil~g hspector with 4 sets of pl~, accmte plot plan to scale. Fee accor~ng to sched~e. b. Plot pl~ showing location of lot ~d of buil~ngs on premises, relations~p to adjoin~g premises or public s~eets or ~eas, ~d wate~ays. c. The work covered by this application may not be co~enced before issu~ce of Building Pemit. d. Upon approval of t~s application, the Building ~spector will issue a Building Pemit to the applic~t. Such a pemit shall be kept on the pre~ses available for inspection ~oughout ~e work. e. No buil~ng shM1 be occupied or used in whole or ~ p~ for ~y p~ose what so ever ~til the Building hspector issues a Ce~ificate of Occup~cy. f. Eveu buil~ng pemit sh~l expire if the work authorized has not co~enced withn 12 months a~er the date of issu~ce or has not been completed within 18 months ~om such date. If no zoning amen~ents or other re~lations affecting the property have been enacted in the interim, the Building hspector may authorize, in writing, the extension of ~e pe~it for an addition six months. Therea~er, a new pemit shall be required. ~PLICATION IS HEREBY M~E to the Building Department for the issuance of a Building Pemit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, OMin~ces 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, oMinances, building code, housing code, ~d re~lations, and to admit authorized inspectors on premises and in building for necessa~ inspections.~~~~ame, ifa co~oration) (Mailm~ a~ess of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises .~-~ _,, .~7/. W '//,~"~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Lo. of !and. on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) Block Filed Map No. Lot Lot 2. State existing use and occupancy of premises and intended use and occupancy ofprqposed construction:. a. Existing use and occupancy .~. _/?.~ [ ~,~)~b4'~7~¥ ~x ~7 ,~1 ' .'~ '' ,~ b. Intended use and occupancy ~_ ./t~_ ~t_J'T'/-~(,., '~' '~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Oth~r Work Alteration (Description) (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. 7. Dimensions qf,ex, is_ting structures, if any: Front ~.~//~Rear ~t +~ Height [~.-¢~ '~' Number of Stories Dimensionslaf.,same structure with alterations or additions: Front ~. '~ Depth z~. ~ Height ~[t fi) Number of Stories Depth ::~. 2 t 9. SizeOflot: Front 10. Date of Purchase 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories /.'~, 53 Rear qq .~_~ Depth ~a~), ~ Name of Fo~er Owner ~ ~ ~d' ~'~ 11. Zone or use disffict in which premises ~e situated ~'~ ~/~ ~[~C ~~ ~ 12. Does propos~ cons~ction violate ~y zoning law, ordin~ce or repletion? YES ~ NO 13. Will lot be re-~aded? YES NO ~ Will excess fill be rmoved ~om premises? YES ~ NO No Nme of Con.actor Address ~Phone No. 15 a. Is this prope~y wit~n 100 feet ora tidal wetl~d or a ~eshwater wetl~d? *YES ~ NO __ * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PE~ITS MAY BE REQUIRED. b. Is this prope~y within 300 feet ofa tid~ weQ~d? * YES ~ NO__ * IF YES, D.E.C. PE~ITS ~Y 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. STATE OF NEW YORK) SS: COUNTY OF ~'~,) fi ~)l,'~ l,{kV,~,,'~_z~{).~', being duly sworn, deposes and says that (s)he is the applicant ~t~atrn~ ~f ind/v{d~al 's]gning contract) above named, (S)He is the _/.~.j~t .~-~_ ~ ~ ~ //.~ ~ ~/~J)]/?3 - - (Coritractor, Agent, Corporate ~-fficerTetc.) ...... of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. S,~o, ~ to before me this.,a & ~ d~pf ~k'),h~A4¢~ 20 tL~ Notary Public KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #O2C06119838 ~) ~ MY COMMISSION EXPIRES DEC. 6, ~ .- a~ture of Applicant '~' , uuN'fRACT VENDEE ~GENT: The Town of Southold's Code of Ethics prohibits ¢onflmts of interest on the part o£Town officers and employees. The purpose of this form is to provide information, which can alort the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid Same. as a ~, -,me oI someone else or other entity, such company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) ~ '~(o bY ~'~ Variance ~ OD i ~~ Special Exception -- *Other 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? "Relationship'_' includes ~ blood man-/age, or b~uslness i~nnterest. "Business interest" means a business, ~ a P__~ership, in wlfich the Town officer or em--~oo ee ha~ ....-~ ~,,,~res _~ ' -- ~e than 5% of the YES_ _ NO If yon answered "IFE$'; complete the balance of this form and'date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, 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. DESC1L1PTION OF RELATIONSHIP Submitted this / 7 dayof?~__~_~_~_~5>7 Signature~ ~. __ Pnnt Na~"~,6 '._.l---~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the snbjeet premises listed on the real estate market for sale? © Yes ~No Are there any proposals to change or alter land contours? [] Yes "~o 1) Are there any areas that contain wetland grasses? ~0 2) A~'e the wetland areas shown on the map submitted~-h this application? 3) Is the property bulkh~aded between the wetlands area and the upland build n~g area?- 4) It'your property con'ins wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please conf'wrn status of your inquiry or application with the Trustees: XJe',.5 - Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~'~0 E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the suptey map that you are submittin,g,? ,,~ {qO-O'~-~.(,~lease show area of these structures on a diagram if any exist. Or state none on the above lin~ if applicable.) F. Do you have any construction taking place at this time. concerning yoor premises? }~/0 If yes, please submit a cqpy of your building permit and map as approved by the B~-ilding Department and describe: G. Do you or any co-owner also own other land close to th s parcel? the proximity of your lands on your map with this application. If yes, please label H. lPlease list present use or operations conducted at this parcel ~1}~ /~ ~l~tt~~ and proposed use ..... _.,. Auth~ Si~amre and Date 2/05 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNliSTED ACTION$ Only PART I - Project Ia~ormation (To be complete by Applicant or Project sponsor) 1. Applicant/Sponsor 2. Project Name S~QR 3. Project location: Municipality County 4. Precise location (Street address and road intersectio'ns, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION (~/~MODIFICATION/ALTERATION 6. Describe project briefly: Ultimalely: 0 acres 7. Amount of land affected: Initially: (~ acres; 8. Will proposed action comply v~th existing or other existing land use restrictions:( ) YES ( ) NO If No, descdbe bdefly: 9, What 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 ~nding, now or ultimately from any ether Governmental agency,(Federal, State or Local) ( ) YES (/) NO If Yes, list agency(c) and permit/approvals: 11, Does any aspect 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, wtil eYJsting permit/approval require modification? I( )YES (/~NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn. owledge .'"'1-- ..... ~ ~l -~'r,'~, ~' ...... tq'J ,,-n Jn ~ Applicant / Sponsor Nam e: ~J.j~/~,._.. ¥ ~ t ! I/I..I ~' Date: ~ Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 21, 2007 Zoning Appeal No. Transmitted herewith is Zoning Appeals No. 6047 of Joseph V. lvarone- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Authorization Letter for Patricia C. Moore to act as agent, Cover Letter from Patricia Moore dated May 16, 2007, Revised Cover Letter dated May 18, 2007, LWRP Consistency Assessment Fom~, Board of Town Trustees Decision and Permit No. 6461, Notice of Disapproval, Transactional Disclosure Form, Questionnaire for Filing with the Z.B.A. Application, Short Environmental Assessment Form, Town of Southold Property Record Card, (21 ) color photograph copies of the residence, Survey, First Floor Plan, Second Floor Plan, Right Side Elevation, Left Side Elevation and Rear Elevation. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5 / 18/O7 ZBA # NAME CHECK # AMOUNT TC ~,~IVIP 6047 lavarone, Joseph V. 6212 $600.00 ~,f/~}' 2 [ £~37 TOTAL $600.00 By__ Thank 'ou. Own Of Southold .O Box 1179 Southold, NY 11971 Date: 05/21/07 * * * RECEIPT * * * Receipt~: 6212 Transaction(s): 1 Application Fees Reference 6047 Subtotal $600.00 Check#: 6212 Total Paid: $600.00 Name: lavarone, Joseph V 150 Foxhunt Crs Oyster Bay Cov, NY 11791 Clerk ID: MICHELLE Internal ID: 6047 William and Diane Douglas 445 Wood Lane Peconic, New York 11958 June 15,2007 James Dinizio, Jr. Chairman Board of Appeals Town of Southold 53095 Main Road, PO box 1179 Southold, New York 11971-0959 June 15,2007 Re: Public Hearing, June 28, 2007 for Joseph Iavarone #6047 DearMr. Dinizio, ( _~£ a~ We are writing to request an adjournment/in the hearing for Mr. Iavarone #6047 scheduled for June 28, 2007. We are the property owners directly next to the Iavarones. We received notification on June 12th and came to read the record on June 14th. We realized that we need to consult with an engineer since we really don't understand the scope of the proposed project. We respectfully request additional time to obtain consultation. Thank you very much for your consideration in this matter. incerely, William Dougl~ Diane Douglas cc: Joseph Iavarone Excerpt ~rom Transcript - June 28, ~ ZBA Hearings: Hearing #6047 - Iavarone 7 BOARD ASSISTANT KOWALSKI: I just want to mention to the court reporter that we're out of 8 order on the schedule. We're moving up to Iavarone. 9 MS. MOORE: Iavarone is scheduled for 1:30, it's appeal number 6047. 10 CHAIRMAN D1NIZIO: Are we opening this hearing? 11 MS. MOORE: Open it but request an adjournment on the open hearing because I don't 12 know when after we've redesigned everything whether I even need a variance. 13 CHAIRMAN DINIZIO: Are we going to be hearing testimony? 14 MS. MOORE: Not today. CHAIRMAN DINIZIO: Not from anybody? 15 MS. MOORE: No because this plan actually was originally -- alterations to existing residence. 16 Our plan is to demolish the residence and build in accordance with the code. 17 CHAIRMAN D1NIZIO: So, let's open it -- BOARD ASSISTANT KOWALSKI: There might be 18 somebody in the audience though. CHAIRMAN DINIZIO: That's what I mean. 19 BOARD MEMBER SIMON: Is anyone here to speak? MS. MOORE: Well, I have Mr. Bressler here 20 just to say, yes, he wants us to adjourn. MR. BRESSLER: Eric Bressler, Wickham, 21 Bressler, Gordan & Geasa, Main Road, Mattituck, New York. And I am representing William and Diana 22 Douglas and also present, please identify yourself. 23 AUDIENCE MEMBER: Joarme Finelli. CHAIRMAN DINIZIO: We should open the 24 hearing. MS. MOORE: You did. 25 CHAIRMAN D1NIZIO: We need to read the legal notice and then let's close it, okay. So it's 108 1 2 3 4 ZONING BOARD OF APPEALS - JUNE 28, 2007 open. Ruth you have the pleasure of reading this one. BOARD MEMBER OL1VA: Thank you. "Request for Variances under Sections 280-122A, 280-124, 280-116, 280-15, based on the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Building Inspector's S~nber 7, 2007 Notice of Disapproval, amended l~lay 1, 2007, concerning proposed additions and alterations to a nonconforming dwelling and to construct a new accessory garage. The new additions to the dwelling will create a new nonconformity or be an increase in the degree of nonconformity when located less than 15 feet on a single side yard and less than 75 feet to the bulkhead. A new accessory building (garage) is proposed to be located less than 15 feet from the side line. Location of Property: 450 Wood Lane (Richmond Creek), Peconic." CHA1RMAN D1NIZIO: Do you have any questions, Ruth, that you'd like to ask? BOARD MEMBER OLIVA: Not at this time, no. CHAIRMAN D1NIZIO: Not at this time. So as long as the Board doesn't have anything to ask, we'll entertain your motion whatever you would like to do. MS. MOORE: A request to adjourn. BOARD ASSISTANT KOWALKSI: Without a date, I would recommend because we don't have the new plans. MS. MOORE: I would say push it past September. Well, my client tells me he's going to have a plan by August. BOARD ASSISTANT KOWALSKI: I'd like to adjourn it without a date and when you submit the new plans -- MS. MOORE: Fine, okay. You're right. Absolutely. That's what we have to do. We hope there will be no variances. CHAIRMAN DINIZIO: I'm a little concerned about this because we have two other applicants sitting here before you folks and now we're going to hear testimony. I'm going to tell you, I am never going to do this again. MS. MOORE: Well, I don't think you should be asking for testimony. I think it should be adjoumed. CHAIRMAN D1NIZIO: Well, I have a lady raising her hand now and I fell obligated to let 109 1 ZONING BOARD OF APPEALS - JUNE 28, 2007 2 3 her speak and we certainly should in all fairness. BOARD MEMBER GOEHRINGER: But Mr. Bressler represents them. MR. BRESSLER: I represent the Douglas'. As 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 far as the other neighl~go, I've not been formally retained by them. It was my understanding on behalf of my clients that I would be seeking an adjournment since I was retained yesterday and have not had an oppommity to review the file. I think in light of what Ms. Moore has said about her clients present intention, that is it not necessary to take testimony. However, if other neighbors are here and they wish to voice an opinion, I would certainly not object to that. That's the American way. BOARD ASSISTANT KOWALSKI: We don't have testimony from the applicant as to what they're planning to do. AUDIENCE MEMBER: I just wanted to ask a question. I really didn't want to -- CHAIRMAN DINIZIO: Come on up, ma'am. Just get to the microphone and state your name, please. MS. WEIR: Linda Weir (phonetic). CHAIRMAN D1NIZIO: Address? MS. WEIR: 2223 Indian Neck Lane. BOARD MEMBER GOEHRINGER: Okay, go ahead. MS. WEIR: I just need to know how we can guarantee that 100 year oaks are not taken down because four have already been taken down. It concerns me. We built our house. I know how strict everything was in 1991. I don't know the changes that have been lately. But I think they were within the 75 feet. I haven't been able to go over and measure so I don't know. But I'm afraid that they're going to go in and take all these oaks down. I'm also afl.aid about runoff because we have a lot of runoff into Richmond Creek. Those are my two concerns. I mean I don't want a McMansion either. CHAIRMAN DINIZIO: We can only address the part that requires a variance. Evidently, these people are going to submit to us a new plan so we couldn't make a comment on any of that until we see this new plan. Beyond that, the next time you get a notice or the next time you know, come, testify, give us all the information that you would like to give us. As you see, we let it all come out here. 110 1 2 3 ZONING BOARD OF APPEALS - JUNE 28, 2007 MS. WEIR: But do I go to the Town of Trustees now when they take down another tree? CHAIRMAN DINIZIO: No, ma'am. You come right 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 here. You come right h~first. Express your opinion here. This is th~-part of the Town that represents the application fight now. Beyond that, at this point in time, we have nothing to consider because they told us they're going to give us a different plan. There's no sense in talking about oak trees if we somehow that we find out that they're not even going to take an oak tree down. MS. MOORE: We're not going to come in for a variance. MS. WEIR: They've taken down four. CHAIRMAN DINIZIO: Okay. Thank you very much. Is there anybody else that would wish to speak about this. I know you came, you read the public notice. You're welcome to come and speak. If not, okay I hear none, I'm going to adjourn the heating. BOARD ASSISTANT KOWALSKI: It would be adjourned without a date. CHAIRMAN D1NIZIO: Adjourn it without a date pending new application. MS. MOORE: If we submit an amended application, I will then notice all the neighbors. CHAIRMAN DINIZIO: Or you would have to reapply. BOARD ASSISTANT KOWALSKI: Or you would confirm that you are withdrawing your application, one or the other. MS. MOORE: Well, I'm not going to notify the neighbors I've withdrawn the application. I'd notify you, of course. MR. BRESSLER: Ms. Moore was kind enough to indicate she'd give me notice of that as well so I know what to do and plan my schedule. CHAIRMAN DINIZIO: Why do I suspect that the moment they hired him, you changed your mind? MS. MOORE: I'm sorry, Mr. Bressler, I don't wish to burst your bubble but actually I sent them offto look at the foundation very carefully to make sure that we weren't going to need structural changes to the foundation. Once we got talking, I said to them you know, why don't you really reconsider and see if you can make this conform. And we met yesterday before I knew that there was anybody in opposition to this. So they are well 111 ZONING BOARD OF APPEALS - JUNE 28, 2007 meaning. They are trying to do things right. CHAIRMAN DINIZIO: We need a motion. (See minutes for resolution.) 06/27/200T 14:$0 FAX 6;31 T$5 4543 Attn: James Dinizio, Chairperson Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 MOORE LAW OFFICES ~ ZBA O01 PATRICIA C. MOORE A~omey ~ Law 51020 Mare Road Southold~ New York 11971 Tel: (63 I) 765-4330 Fax: (631) 765-4643 June 27, 2007 RE: 00$~PI-I IAYARO~£ PREMISES: 450 WOOD LANE, PECONIC, NY SCTM: 1000-86-6-4 Dear Chairperson Dinizio and Board Please be advised that we hereby withdraw our request for an adjournment of the above hearing. Thank you and please do not hesitate to call should you have any questions. PCM/bp #8410 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/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 pdnted copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, c..QD.~mencing~T~_ 14th .day of June, 2007. Principal Clerk Sworn to before me this 2007 NOTARY PUBLIC-STATE OF NEW YORK NO. 01.V06105050 Q~a~mea ~ Suffolk C~unty -.increase of ceiling height from 18' tO 32' Northview Drive, 0ficnt; CTM 13:1-4. COde Sedtlous 28'0-iii5 and 2/30-124. Also requested if a reversal is not grant- ed, is a-vafianc~amendment forxcc°n, ~0n 9f th~ dwelling with Setbacks at I~$S than ~5 feet froTM the bulkhead, less than 35~t. fxofit yard setback; and ~!~$'~l~dn 3sfft:;~ar yard setback (ref/ ~;a5da~4~pect~cs Augm 2~; 2006 I~ce:' ~f DJ§approval, amended Sep- ' ~ern}~e~' i~] ~. Location of Properiy: ~ Y~6-~ I01fiNXvD~ZUR:, A~rCE ~MtzuR ;#6~LRequest fora · Variance based the Build' Ins than 15 feet from th~s de ne Lo'cation' ibr,S Ma~:~ 20~ .. ~--, ~ oI Pr ope~t¥ 450 Woo&Lane (Richmond ~ a~d'~ed' ~ns~Lfi0n' ~cat On : o1750 square feet, and (3) ~ do.ers ~b ~ e': 32~:~: :: Mifi;61i 'Roid ekce6ding-:~ code .li~t~0a ~f :~% Request'fo? Va~s ~der SectiOns l~land:Sotmd;: (2)7~ili: · yard, and (3) deck existing at les~;than 2:40:p.m:; NEW ~INGI. tLAR:WIRE~ LANDAu :L~S :~ {~d E~T t~RION ~~*~G~ROL :~ W':b~ heard at ea~ h~ar~g, and/or V~ un- ~s~g tO ~mt ~n mtemenB LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 28, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the 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, JUNE 28, 2007: 1:30 p.m. JOSEPH IAVARONE #6047. Request for Variances under Sections 280-122A, 280- 124, 280-116, 280-15, based on the Building Inspector's September 7, 2007 Notice of Disapproval, amended May 1, 2007, concerning proposed additions and alterations to a nonconforming dwelling and to construct a new accessory garage. The new additions to the dwelling will create a new nonconformity or be an increase in the degree of nonconformity when located less than 15 feet on a single side yard and less than 75 feet to the bulkhead. A new accessory building (garage) is proposed to be located less than 15 feet from the side line. Location of Property: 450 Wood Lane (Richmond Creek), Peconic; CTM 86-6-4. 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: Linda. Kowalski@Town.Southold.ny. us. Dated: June 4, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEA~S 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.north fork.net June 5,2007 Re: Town Code Chapter 55 - Public Notices for Thursday, June 28, 2007 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 June 11tn: 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 mailin.q 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 durin.q the hearing, providing the returned letter to us as soon as possible; AND not later than June 12th: please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. 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 June 18m, 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 your Affidavit of Postin,q during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. orr/c~ or L~3~ ~v~ ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http ://southoldtown.northfork. net emails: Linda. Kowalski~Town. Southold. n~.us or Ja~ne. Martin(~Town. Southold. n~.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: ~"~ -,+.~ FROM: 7~-/~'~C~ DATE: RE: MESSAGE: '~ ) Correspondence or related attached regarding the above for your information, Thank you. Pages attached: NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: IAVARONE, J. #6047 MAP #: 86-6-4 APPEAL: Side, Front, Bulkhead Setbacks REQUEST: Addns/AIt. & Accessory Garage DATE: THURSDAY, June 28, 1:30 pm 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 Office Location: Town Annex/F~rst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 4, 2007 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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: Appl. No. 6047 (lavarone) Action Requested: Side Yard and Bulkhead Setbacks Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By:, Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 June 4, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6047 (Iavarone) Dear Mark: We have received an application for additions, alterations and accessory garage at premises on Richmond Creek in Peconic and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. By:. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 June 26, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOSEPH IAVARONE PROPERTY ADDRESS: 450 WOOD LANE (RICHMOND CREEK), SCTM: 1000-86-6-4 HEARING DATE: THURSDAY, JUNE 28, 2007 PECONIC Dear Chairman: With reference to the above, enclosed please find affidavit of posting together with green certified mail receipt cards received as of date. Thank you. Very truly yours, Patricia C. Moore By Betsy Perkins LA bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOSEPHIAVARONE AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-86-6-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the/~day of June, 2007, 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, June 28, 2007. ~at~icia C. Moore Sworn to before me this o?(J ~ day of June, 2007. / Notary~/~Jblic/ ~ F.~ Jul~ t11~.-,~'~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 June 12, 2007 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: JOSEPH IAVARONE PROPERTY ADDRESS: 450 WOOD LANE SCTM: 1000-86-6-4 HEARING DATE: THURSDAY, JUNE 28, (RICHMOND CREEK), PECONIC 2007 Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing and certified mail receipts. Thank you. bp encls. Very ~ruly yours, ~ Bets~L~P~rkins LA -- ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOSEPH IAVARONE (Name of Applicant) CTM Parcel #1000-86-6-4 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 8th day of June, 2007, 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. //~Ei gh~a~T~e ) TSY PE~ (' Sworn to before me this day of June, 2007 ~ ry ) Notary Public, S~te of New York No. 4982528 Qualified In Suffolk Count[, ~ Commission Explre8 June 8, .,~.~ ' 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. IAVARONE NEIGHBOR LIST SCTM: 1000-86-6-4 WM. DOUGLAS 56 E. 87TM STREET NEW YORK NY 10128 SCTM: 1000-86-6-5 ASPASIA LENTZERES LIVING TRUST 55 RIVER HEIGHTS DRIVE SMITHTOWN NY 11787 SCTM: 100046-6-29 EDMUND BAUMANN RR3 325 WOOD LANE PECONIC NY 11958 SCTM; 1000-86-6-3.2 RECEIPT FROM: RE; IAVP, RON E ZBA HE~ING SEND TO: .~PASIA I~;N~ZE RES LIVING 55 R~VER HEIGHTS DRIVE SMITHTO'~I NY 11787 FEES: TOTAL $ 5.21 POSTMARK OR DATE RECEIPT 7192 6463 31 lO cooo 3769 FROM: Patr~a c Moon Esq RE: IAVARONE ZSA HEARING SEND TO: WM. DOUGLAS 5~ E. 87TH STREET NEW YORK NY 10126 FEES: Postage 0 41 TOTAL $ 5.21 POSTMARK OR DATE RECEIPT 7192 6463 3110 0(300 3752 FROM: SEND TO: EDMUND SAUMANN FEES: postage o41 ce~t E~ed Fee 2 65 Return Receipt 2.15 Restricted TOTAL $ 5.21 POSTMARK OR DATE . .,~OORE ESQ. :NY 1'~971 or [3Agent) eceived By: Clearly) PATRTCIA C- MOORE ESQ. 51020 MATN ROAD S:~UTHOLD NY 11971 or 13 Agent) :. D=te of De{ivery ~ 7192 6463 3110 0000 39~ 7192 6463 3110 0000 3912 ~ Article Addressed To: ASPASIA LENTZERES LIVING TRUST 43 BROOKFIELD ~ ~"~ NORTHPORT NY 1178-1408 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED Article Number 7192 6463 3110 0000 3769 7192 6463 3110 0000 3769 Article Addressed TO: MM. DOUGLAS S6 E- 8?TH STREET NEW YORK NY 10128 PATRICIA C. MOORE Auorncy at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 8, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOSEPH IAVARONE PROPERTY ADDRESS: 450 WOOD LANE SCTM: 1000-86-6-4 (RICHMOND CREEK),PECONIC Dear Neighbor: I represent Joseph Iavarone with regard to his property located at 450 Wood Lane, (Richmond Creek), Peconic, New York. He has submitted a request for a variance to the Southold Town Zoning Board of Appeals to construct new additions to the dwelling which will create a new nonconformity or be an increase in the degree of nonconformity when located less than 15 feet on a single side yard and less than 75 feet to the bulkhead. A new accessory building (garage) is proposed to be located less than 15 feet from the side line. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, JUNE 28TM, 2007 AT 1:30 P.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, PCM/bp encls. C: Mr. & Mrs. Joseph Iavarone Patricia C. Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 June 12, 2007 RE: JOSEPH IAVARONE PROPERTY ADDRESS: 450 WOOD LANE SCTM: 1000-86-6-4 HEARING DATE: THURSDAY, JUNE 28, (RICHMOND CREEK), 2007 PECONIC Dear Chairman: With reference to the above, enclosed please find a returned envelope together with the affidavit of mailing for the new address and certified mail receipts. Thank you. Very truly yours, bp encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOSEPH IAVARONE (Name of Applicant) CTM Parcel #1000-86-6-4 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 the12TH day of June, 2007, 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 ASPASIA LENTZERES LIViNG TRUST 43 BROOKFIELD DRIVE NORTHPORT NY 1178-1408 ,~Eignature~/~ / TM TSY PE.~KINS Sworn to before me this/5 TH day of June, 2007 /' (l~otary Public) MARGARET C. RUTKOWSKI Notary Pubtic, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~- O.// 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. RECEIPT 7192646331100(003912 FROM: SEND TO: ASPASIA LENTZERES LIVING FEES: Postage 0.41 pOsy, ,R OR PATR[CIA C. MOORE ESQ. 51020 MAIN ROAD sOUTHOLD NY 11971 7192 6463 3110 0000 3745 PS Form 3800, 6/2002 ASPASTA LENTZERES LTVING TRUST 55 RIVER HEIGHTS DRIVE sMITHTOWN NY 11787 h,,ih,,llhh,h,,h,,IM,,hlh,,,,Ihlh,,,hllh,,,,h)l ® ~ SOUTHOLD O86