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HomeMy WebLinkAbout6273 .-~' L i~EcEIVED BoArD OF APPEALS 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 ZBA# ~v~3 Tax Map #: / DUO-- ~-~ -3 - ~5'7 / COVER SHEET WITH ZBA FILE C [0~/~/,.)/'~~ STATUS OF FILE Location: ¢~oU C~ ~g ~a~o/d [ ] Re.nd issued: CABOT activate or reactivate file (Applic~t h~ withdram application). ['~ ] NO :REFUND DUE, based on time spent for Town to process application and hearings. [ X ] 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. (All forms were r?,turned to applicant early in process, as requested by applicant.) 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 April 26, 2010 Deborah Sutherland and Charlene Mott 42205 Route 48 Southold, NY 11971 RE: ZBA File#6273 Dear Ms. Sutherland and Ms. Mott: I am in receipt of your letter dated April 19, 2010. I would like to make you aware that the Town of Southold Code Committee is looking at possible changes to the accessory apartment code. These changes, if made, may help you in the furore, however, at this time the Zoning Board is closing your file. In regards to your request for a refund, your application was processed and the Public Hearing was held on May 28, 2009, so your application fee cannot be refunded. Vicki Toth Board Assistant ~ Total Po~age & Fees . ~of~ ~ ~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 VIA CERTIFIED April 15, 2010 Deborah Sutherland and Charlene Mott 42205 Route 48 Southold, NY 11971 RE: Pending ZBA File#6273 (~ L~(~/ Dear Ms. Sutherland and Ms. Mort: Your application has been dormant since the Public hearing of May 28, 2009. 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 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Matilda T Mott C/o William Schott 8 Earl Street Miller Place, NY 11764 DATE: Jan~a~'"l';4, 2009115" I '0t N 2 o Please take notice that your application dated January 13, 2009; For permit to construct an accessory apartment in the basement at: Location of property: 42205 County Road 48 Southold, NY 11971 County Tax Map No. 1000 - Section 59 Block 3_ Lot 25.1 Is returned herewith and disapproved on the following grounds: The proposed accessory apartment to this existing single family dwelling, on a non- conforming, 31,016 acre lot in the AC District, is not permitted pursuant to Article III Section 280-13(m), which states; "The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date." The existing single family dwelling has a valid certificate of occupancy issued May 31, 2007. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: t-de, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING February l7,2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehfinger, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Sutherland & Mott 6273 Nealz, LeAnn 6274 Howell 6275 Schembri 6276 Berkery 6277 Manetti, V & L 6278 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 SCALE: I" = 50' S VEY OF TOWN OF SOUTHOLD SUFFOLK COUNT~, NEW YORK S.C. T.M. DIST. 1000 SEC. 059 BLK. 03 LOT25.1 DATE: SEPTEMBER 17, 2005 CERTIFIED TO: DEBORAH D. SUTHERLAND CHARLENE D. MO TT KATHIE A. IENUSO CHICAGO TITLE INSURANCE COMPANY JPMORGAN CHASE BANt~ N.A. JOB NO. 2005-329 MAP NO. FILED: REV/SONS: REV. PROP. DWELL 6/23/06 LOC. FOUNDATION 8/30/06 FINAL SURVEY 11/28/06 ADD SANITARY DIMENSIONS 1/31/07 UPDATE & RECERTIFY 10/13/08 LICENSE NO. 050363 HANDS ON SURVEYING 26 SILVER BROOK DRIVE FLANDERS,11901 NEW YORK TEL: (631)-723-1954 - FAX:(631)-723-1329 MARTIN D. HAND L.S LOT AREA: 31,016 SQ. FT. = 0.712 ACRE (ROAD LINE AS WIDEND - CALC.) 34,138 SQ.FT. = 0.784 ACRE (DEED) WATER SERVICE AND SANITARY LOCATION BY CONTRACTORS AND NOT GUARANTEED LATERAL LOAD HOLD DOWN & CORNER STUD BRACING REGUIRED (SEE PAGE 6 & GIRDER LOAD : 11,595 SIDEWALL ANCHOR BOLTS (TYP.) V2' · 54' O. C. FOR A LATERAL LOAD OF 7,005 lbs GARAGE BY OTHERS BOLD DOWN & CORNER STUD BRACING REOUIRED (SEE PAGE 6 & iS'-O~/?' HOLD DOWN & CORNER STUD BRACING REOUIRED (SEE PAGE 6 & 6B) GIRDER LOAD = 16,477 STAIRS-- BY -HOLD DOWN & CORNER STUD BRACING REOUIRED (SEE PAGE 6 & 6BI LOAD = ~6,477 plf ALL GIRDER LOAD = I6.477 -HOLD DOWN & CORNER STUD BRACING REOUIRED (SEE pAGE 6 & 6B) TYP. SIDEWALL ANCHOR BOLTS (Typ.)V2'e 14' O.C. FORA LATERAL LOAD OF 51.013 -SIDEWALL GIRDER LOAD = 31,105 plf _ ENDWALL GIRDER OAD = 16o477 HOLD DOWN & CORNER STUD BRACING REOUIRED (SEE PAGE G & 6B) TYP. IALL ANCHOR BOLTS ~/2.o B4'O.C. FORA LATERAL LOAD OF 16.477 lbs CHANGE ORDER #895 HOUSE ORDER FOR~ G~ the DeLuxe F LOAD POINT GIRDER FOUNDA__._TION PLAN SCALE: I/4' = r-o' HOLD DOWN & CORNER STUD BRACING REOUIRED SIDEWALL GIRDER LOAD = I . ENDWALL GIRDER = tE,477 plf /IODULAK HOME5 CUSTOMER DOWN & CORNER STUD BRACING REOUIRED (SEE PAGE 6 & 6B)TYP. MODEL MOPlFIED CAMDF-.iDGE 8/'11/06 SERIAL NO 5P-16,336 3 Fee: $ ~) Office Notes: Filed By.'~ ,~4.~J For Office Use Only Date Assigned/Assignment No. Parcel House No.~ Street ~.3~ O( SCTM 1000 Section SC{ Block ~) Lot(s) APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Hamlet ~x)L~"~q ~(d Lot Size O' "~ L/ Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: I Applicant/Owner(s): Mailing Address: q~--~-~O~ ~-'~OLLJf~ L~ ~ ~9(~"'~C~a; ~,~ itq~l Telephone: (t',~'~ '~-7(~9~--I(t~3 I NOTE: tn addition to the above please ~omplete below if application is signed by applicant's attorney, agent, architect, builder, contrac{ vendee, etc. and name of person who agent represents: Authorized Representative: for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: ~Ji~ApplicantffOwner(s) E] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: fi/t/Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy E] Change of Use [] Permit for As-Built Construction ElOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ~'~, Section 280- I ~:) Subsection ~ Type o.f ~ppeal. An Appeal is re. adc for: .,'g..A Variance to the Zonmg Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has~(j~as not been made with respect to this property UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office to assist you.). CTM # 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., ff granted, because'. ~ ..--.--~Ox'--° -v.(,~ -.~ --~ ..v~ (', --..~.x) ~ ...~L,~[~_ ' ( ) e benefit sought by' the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~'"~CX'~ (3) Theamountofreliefrequestedisnotsubstantialbecause: IJ~c_, (d.3C'~_~(~ ~'~(]U. FC (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: '~_X~ Ck.C-~ i~C) (.L~'k~ '3~ (5) Has the alleged difficulty been self-created? ( )Yes, or ~'No. Are there Covenants and Restrictions concerning this land: ~No. E] Yes (please 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 bes~retoconsultyoura~.)~ ~ur.~e of At~pp~llant o-~r Auth~or./~ (Agent must submit written Authori~tion from Owner) Swo~ to before me this CONNIE D BUNCH Notary Public. State of New Yor~ No. 01BU6185050 ,,_ (~ualifi~ n surf0 k Count,/ uommlssion ~-xpires April 14, 2'0~ APpficafl°n bY: C~J~ ~ r~-~ ~-~ Assigned Appficaflon No. Office No~e$: Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular DistricfWhere the Project Is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the prope~y~s~nlque because: , . _ ~ ,~ . 3. The alleged hardship does notpply to substantial portion of the district or neighborhood because: ~ lS ¢::~ur ~ a 4., The, request wi!l not alt~r the essential character of the neighborhood because- ~. The alleged hardship has not b~en self-created 6. This i, the minimum relief necessa~, while at the same time prese,ing an* protec' ~ln' ~ character of the neighborhood, and the health, safety and welfare of the community. (Please explalnon~separ~esheetffnecessa~.) ~ ~e ~ ~J~q .~ ~ 7. The spldt of the ordlnance will be obse~ed, public safety and welfare will be secured, aid substantial Justice will be done ~ecause: (Please explain on a separ~e sheet If necessa~.) t ~ I ~necK rms Pox aha complete~ART A, Questions on previous page fo apply ARE~ VARIANCE STANDARDS. (Please consult your aHorney.) Ofhe~ise, please moceed fo fh~ signature and nofa~ area below. (~ent mu~t ~ubmff ~uthortz~flon from Owner) Sworn to before me this ~day of .:,~ ~.?..A..~ ...... 200~. [Notary Public) CONNIE D. BUNCH Notary Public. State of New Yolk No. 0IBU6185050 Qualified n Suffolk 0ounlv Commission Expires April ~4, 20~=~ ZBA App 9/30102 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:~~(~ Sct:~ftO_(/O~ A- Date Prepared: [. For Demolition of Existing Building Areas Please describe areas being removed: I~JO ~1~ H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: I SJCOC~ ~.u?ber of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your properS: Proposed increase of building coverage: Square footage of your lot: t") ,'~ Percentage of coverage of your~oi b~,~'uil~ting area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficult2( in meeting the code requirement(s): Please submit seven (~ photos, labeled to show d~ferent angles of yard areas after staMng corners for new construction), and photos of building area to be Mtered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII,ING Wfllf YOUR Z.B.A. APPLICATION A. Is the subj?.t premises listed on the real estate market for sale? [] Yes j!l[No B. Are there any proposals to change or alter land contours? ~8~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~10 2) Are these areas shown on the map submitted with this application? t hI ~ 3) Is the property bulkheaded between the wetlands area and the upland b'uil~ting area? 4) If your'prbperty contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confLrm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? k30 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? [X.\¢) (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? 1~O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~"~O 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 ~ OC_~ 5/g-~.~ ~ (examples: e~ng: single-ra~ly; propose: sine wi~ gmge or ~ol, orbthe~ description.) ,. ~ ffoF~ ~ Authofi~d Silage ~nd Dat~ - / ~05; 1/07 ~, , To~nofSouthold INSTRUCTIONS 1. COmST C ASSeSS T c/o d/c All applicants for permits* including Town of Southold agencies, ~hali 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 ejcplanations 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 detenTdnatinn that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM policy standards and conditions, itshall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustecs Office, the Plmnfing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard 7] PlanningBoa dVq Bn.d Dept. Boardo, Tr.stees Category of Town of Southold agency action (check appropriate response): (a) Action tmdertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~)--- Permit, approval, license, certiti~! Nature and extent of action: Locationofaction: L4oX~O~" ~1~ t-4 ~l SOo~c~ 1,.3~ [}q-~[ _ Site acreage:_ Pr~ent zoning classification.'~'~.e% i If an application for the proposed action has been filed with the Town off Southold agency, the following information shall be provided: 0/02 ed (a) Nameofapplicant:-'~,~j-~OCci~ 5cx_~le~kOrl4 -k~xt3tff~.~. ~'~o-~ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ~'~ I~ yes which state or federal agency?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid 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. F-~Yes D No [~otApplicable Attach additional sheets if necessary ?oiicy T..~'rotect and~-e~'~-rv~-l~is-t~?Fc--a~d~r~lia~6 ol~gi~filTd~6urces _ Section III - Policies Pages 3 through 6 for evaluation criteria o-fTli-e- oT6~outhold. See LWRP [~ Yes [-] No ~-~ N ' ot Appheable Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~-] No ~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Iii- Policie~gs 8 throyghl6 for evaluation criteria F-] Yes F-~ No I "l NotApphcable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 t~/gh 21 for evaluation criteria F~ Yes F'] No I "lNotApplicable Attach additional sheets if necessary 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 II/- Policies;~_P_ag.es 22 through 32 for evaluation criteria~ · A-~ach'additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [-'] No ~Not Applicable Attach additional sheets if necessary Policy 8. Miulmize 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. [--1 Y. es [~ No ~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. [-~ Yes['~ INo~NotApplicable Attach additional sheets if necessary WORKING COAST POLICIES ................................................. Policy 10. Protect Southold's - water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Y~S No' b t Xl]~li~a~l~ A--~cach additional sheets if necessary 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 ~-] lNo ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section/II - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] lNo ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 t. hrough 68 for evaluation criteria. ~ Yes [] 1No [~/Not Applmable Created on 5/25/05 11.'20 AM 61Z21 Appendix C State Environmental QualiO, Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED .4CTION$ Only PART I - Project Information (To be complete by Applicant or Project sponsor) 3. Project location: Munic~al~ty County '4. Pre~%'cl~n (Slreet~a dress ~nnd~e~C~( ns, p~' mlnent landmarks, etc. orp~)q~-~'~'''-- SEQR I( ) NEW ( ) EXPANSION ~>~/J~4ODIFICATION / ALTERATION I I 6. Describe project bdefly: 7. Amount of land affected: ~',~01~ Initially: acres; Ullimalety: acres I 8. Wit/proposed act/on comply with e:dsting or other existing land use reslrictions:(~)~YES ( ) NO If No, describe briefly: ~ 9. What is present land use in vicinity of project: (describe}: t~,~,,'~estdential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) PanVJForest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federah State or Local) ( ) YES (~,~.NO If Yes, list agency(s) and permit/approvals: t t 1. Does any aspect of the action have a current y valid permit or approval? ( ) YES ("~..NO If Yes, list agency(s) and permil/approvals: 12. AS a resull of proposed action, will ex~sting permit/approval require modiflcat/on? ( ) 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 ApplicantJSp°nsorName:!%[2~/l~?~_,.-l--'~~L 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 ~'q~ACTIONAL DISCLOSURE FOI~ APPLICABI~ TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits Conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide kiformation, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. [ asr name, first name, r/fiddle initial, ~nle~s y~u ~re applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grie3,ance ~ -- *If"Other" name the activity: Do you personally (or through your company, spouse, sibling, ,parent? or .child) bare a relationship with any officer or employee of the Town of SouthoId? Relat/ons~fi ,, includes b blood, _ma..rriage, or~_bUsines_s int_erest' "Business interes" · . .ILartnershin. in which the Town o .... -~r ,~ ,__. ~t'. means a business lncludin ~'~'~oyee nas ev~ g ~a ~¥) a corpor_atmn_~n which the Town officer or em 1o ee owns mor e than 5% of three. YES_ · ~ NO~ lf you answered 'YES'; complete the balance of this form and date and sign Where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her~ spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporati6n); _ _ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant;'or D) the actual applicant. DESCRIPTION OF RELATIONSHIP sS~lbmitted ~ .~O day of~r~ ~/,-+~ ~ ? Print Name~ TOWN OF SOUTHOLO ;BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 S outholdTown. NorthFork.net Examined 20__ Approved ,20 Disapproved a/c Expiation ,20__ BtOO. DEPT. TOWN OF SOUTHOLD PERMIT NO. BUILDING~RMIT APPLICATION CHECKLIST Do y~i'have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Surve3( Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit. _ Storm-Water Assessment Form Contact: , ?hone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20o'1 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 all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises C~..,-\c,~- iAo¥[ ) ~t~%;¢ %~{%-~rK.~ (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. Location of land on which proposed work will be done: House Number ' Street Hamlet County Tax Map No. 1000 Section ~c~ Blo, Dk ~ Subdivision ~led Map No: Lot 2. State existing use and occupency of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy %',~\¢ ~.~'~\~ 3. Nature of WOrk (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost d/ I 0~ ~ o 0 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (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 of existing structures, if any: Front Height. Number of Stories Rear Dimensions of same structure with alterations or additions:Front Depth Height. ~ Number of S 8. Dimensions of entire new construction: Front H~ight 9. Size of lot: Front 10. Date of Purchase Number of Stories Rear Name of Former Owner ,Depth 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~( NO__ 13. Will lot be re-graded? YES 14. Names of Owner ofpre~nisese~,&,~ I~¢k ;De~;~ Address 9'/-Z~ Name of Architect Address Name of Contractor Address I x/q. Will excess fill be removed fi:om INO premises? YES__ k~, I~[ ~ Phone No. phone No Phone No. NO 15 a. Is this property within 100 feet of a tidal wetland or a fi:eshwat*r wetland? *YES NO .~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. bi Is this property within 300 feet of a tidai wetland? * YES ~.NO }{ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this progerty? * YES __ · IF YES, PROVIDE A COPY. NO OF k)~ 1' [ ["t~'::2'vv"- ~ c...-~,.,c> ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the O'~t, 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 wiI1 be performed in the manner set forth in the application filed therewith. Sworn t,9 before me this - .. __ ...~. "u~ y Fubiio, Stateof NewYo[k momt3, yuonc ~ No. 01T06190696 ~ ~ualJ~d nSuffokCounty,~. k:omrflisslon Expires July 28, 20.~ Signature of Applicant FOP34 NO. 4 TOWN OF SOLri"AOLD BUILDING DEP/kRTME~T office of the Building inspector ToWn Hall southold, N.Y. CERTIFICATE OF OCCUPANCY Date: 0--5/31/0! 1~o: Z-32382 tome ]~l~{~ I~ DT'g~T'T'TTgG Location of l~y: 42205 CR 48 (HOUSE NO.) Co~nty~ax~No- 473889 Sectlo~9 (STREET) SOUTHOLD (HAMLET) Block 3 Lot .25.1 Subdivision Filed~ap~o. Lotto. conforms substantially to the Application for Building permit heretofore filed in ~h{s office dated JULY 10, 2006 B%Lil~ ]~e~t]~o- 32208-Z dated JLTLY 12, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is NEW SINGLE FAMILY DWELLING (MODULAR) WITH ATTAC"~ED TWO CAR GARAGE_~_____ COVERED FRONT ENTRY & RFOkR DECK ;kS APPLIED FOR. (2NE FLOOR UIFFINISHED) The certificate is issued to JAMES & MATTT'I~ ~ (OWNER) of the aforesaid building- R10-06-0008 03/26/07 3006636 11/16/06 ~/o 'l/ze~9llature TOWN OF SOUTK~)LD BUILDING DE PART~NT Office of the Building Inspector Town Ball Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33388 Date: 11/14/08 a~lS ~IM,~ ~hmt tJaeI~Ii]~ingACCESSORY Location of P~_rty: 42205 C~ 48 (HOUSE NO.) (STR~r) C~ty T~ ~ ~. 473889 ~i~ 59 Bi~ 3 ~ 25.1 ~si~ ~1~ ~ ~. confo~s s~st~tially to the ~plication for ~ilding Pe~it heretofore fil~ ~ ~s offi~ ~t~ O~B~ 27, 2008 ~lW~-g ~t ~. 34263-Z ~t~ ~B~ 31, 2008 was issued, ~d confo~s to all of the redirects of the applic~le provisions of the law. The ~cup~ for which t~s ce~ificate is issued is "~ B~LT" ACCESSORY S~ ~ ~IED ~R. The certificate is issued toMATILDA T MOTT of the aforesaid building. (OWNER) N/A N/A N/A Signature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31584 Z Date NOVEMBER 4, 2005 Permission is hereby granted to: JAMES & WF MOTT 42205 COUNTY ROAD 48 SOUTHOLD~NY 11971 for : DEMOLITION OF AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR at premises located at 42205 CR 48 County Tax Map No. 473889 Section 059 pursuant to application dated NOVEMBER Building Inspector to expire on MAY Fee $ 341.45 SOUTHOLD Block 0003 Lot No. 025.001 3, 2005 and approved by the 4, 2007. ORIGINAL Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or a~d Cha fohowmg, hafOlZ applying? TOWN HALL Board of Healih S OUTHO LelY, N~ 11971 4 se~s of BuQding Pl~s TEL: (631) 765-1802 Pl~dng Board appro~ FAX: (631) 765-9502 o t~-~'u ~ Sur~ey_ www. northfork.ne~/Southold/ PERMI~NO. ,._~l'o o I ~ Chock ] ~ Septic~orm 1 Exam~d IItl II ,20 ~ Contact: -- , oveu 0 fq ,20 Mail to: __ Expiration '~/~( ,20 "'~ ~~-~ /L --~--. ~] INSTRUCTIONS a. This application MUS~ be completely fdled in by typewriter or in ink and submitted to the Building Inspector with 4 b. Plot plan showing locat/on of lot and of buildings on pr~nises, relallonship to adjoining prenusc~ or publlc streets or d. Upon approval of this application, the Building Inapecior will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inapecilon iluoughout die e. No building shall ho occupied or used in whole or in pari for any propose what so ever until the Building Inspector £ Every building permit shall expire if the wonk authorized has not commenced within 12 months afar the date of issuaric~ or has Roi ~ corrlpleted wlth~n I $ months from such date. If no zonln~ alnelldlll~ts or oth~r r©guiatiotxs affeOthlg the prollerty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone O~tinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for n~cessa~ inspections~ (Mailing addre~ of Igrolie,~nt) ' Sta~e whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pl,,nnber or builder Name of ownor of premises (As on the tax roll or latczt If applicant is a coqporation, signature of duly authorized officer DATE: (Name and title of corporate officer) FEE: Builders License No. Plmubers Liccaso No. Elcctridans Lic.,cnse No, Other Trade's License No. 1. Location of land on which proposed work will be done: House Nurabcr Street :, .. Blodk ., i':~. ,..~.[~ Map Nq County Tax Map No. 1000 Section Subdivision (Name) NOTIFY BUILD[NO , 'PARTUENT AT 765-1802 SAM TO 4~;3 FOR THE FOLLOWING INSPEC 40NS, FOR POURED C: ,~ 3. INSULATION 4. Fff~AL - COI,:~TkUCI'O~J &ICST BE COMPLETE , n ~z,t~..i~.M~NsTR6ChC/4 5.~ i,~EET THE HE',~.~JIREMENTS OF THE ~;ES~ ~ STATE. NOT R~g~S~E 2; State e~Jsting use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy. 3. Nature of work (check which applicable): New Building~ Addition Alteration Repok, Removal Demolition_ ,~ Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. ffdweiling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. __ ........ 7. Dimensions of existing structures, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth_ .Height_ Number of Stores 8. Dimeasious of eatire new construction: Front Rear .Depth Height Number of Stories 9. Sizeoflot: Front Rear Depth 10. Date of Pumhase Name of Former Owner 11, Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES NO Will excess fill be removed fi'om prermses? YES NO 14. Names of Owner ofpr~ises Name of Architcct Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 fcct of a tidal wetland or a freshwater we{land? *YES __NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to propelty 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) ~J~ [lq t. ~ ~_ /L~ f) I~ ~ amy swo~ d~ses ~ ~ys ~t (s)he is ~e ~lic~t ~ of~d~ ~ con--t) a~ve ~, (C~or, ~mt, Co~mte ~, mc.) of a~d o~ or o~, ~ is ~y au~ to ~om or hnve p~o~M ~e ~d work ~d to ~¢ md ~e ~s applieati~; ~t ~ a~ ~n~ ~ ~ ~p~fion ~ ~ to ~e ~ of Ms ~owl~e ~ belief; ~d ~t ~e wo~ will be p~o~ in ~e ~ ~ fo~ m ~ appli~tion fil~ th~wi~. Sw~ to b*fo~ ~ ~a /. I .~ FORM NO. 4 TOWN OF SOUTHOLD ~UILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANC"f No Z17696 Date JANUARY 20, 1989 THIS CERTIFIES that the building Location of Property 42205 C.R. #48 House No. County Tax Map No. 1000 Section 059 Subdivision ADDITION SOUTHOLD Street Hamlet Block 03 Lot 25.1 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPT. 8~ 1988 pursuant to which Building Permi~ da~d SEPT. 15¢ 1988 was issued, and~conf~Lm~--~to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is 2nd STORY DORMER ON EXISTING ONE ...FAmILy DWELLI. N.G. The certificate is issued to of the aforesaid building. JIM MOTT (owner,)~) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROYAL UNDERWRITERS CERTIFICATE NO. H007461 JAN. 17t 1989 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No...Z.1.2. 9 ~.0 ......... Date .... P.~t;ob~..33 ................. 19.84 THIS CERTIFIES that the build~ng ...... /~¢~.~,~ ~ 9p ................................. Location of Property fi. 2.29,5' .C..ty....R..o.~.d..#.~ ................ Gp.~tt~bV.Ld. ............. ~1~ NO. Street Hamlet County Tax Map Ho. 1000 Section 0.5.9. ......... Block ...3. ........... Lot ..... 2. .5 .......... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore Fried in this office dated · H a y 18 19 8 4 pursuant to which Building Permit No. ~ 3 .1.6.6. Z. dated ...OgY..2.6. .................. 19~.4., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Closed in Greenhouse on existing ~atio. Tho ~ertificate is issued to James C. Mort & M. atilda T. Mott ..................... .................... of the aforesaid building. ~/~ Suffolk County Department of Health Approval .......................................... UNDERWRITERS CERTIFICATE NO ............... N../.~. ............................... Rev. 1181 Building Inspector D SURVEYOF SOUTHOLD S.C.D.H.S. ENDORSEMENTS ! HAN~?~INSe~UR~VEYING.~ II FLANDER$, NEW YORK TEL: (63t).723.1954 - FA~63f)~723-1329 LOT AREA: 31,0f6 SQ.FT. - 0.712 ACRE (ROAD LINE AS WiDEND . CALC.) 3~,~'3a so~'~ = 0.7~4 ACRE (DEED) ELEVATiONS HEREON REFER TO APPROX. MSL DATUM AND ARE 'IHE RESULT OF ACTUAL FIELD MEASUREMENTS PROPOSED LOT COVERAGE; Z 1~0 SO. FT.. 6.8 ~ TOPSO/L BPX01 *** BUILDING PERMIT APPLICATION *** TAXID: 473889 59.-3-25.1 PERMIT#:~-~'1584~~ .............. APPLY#: OWNER: JAMES & WF MOTT MAP: ~---~: ADDR: 42205 COUNTY ROAD 48 SOUTHOLD NY i1971 APPLY DATE: 11/03/05 VERIFIED BY: DPR USE CODE: ~ USE: SUBDIVISION RO#: ZONING DISTRICT: YARDS SETBACK FRONT: 1/15/09 15:04:20 LOC: 42205 CR 48 HAMLET S~LLT44~.LD~ PERMIT DA~E: 11/04/05 )DENY DATE: 0/00/00 VERIFY D~,~..~~~/EXPIRATION: ~ DEMOLITION ~ BUILDING#: 0 OF: MAX HGT: PLOT SIZE: AREA: SIDES: REAR: STA_T_~A~IP: 11971 FAM~~ APPLIED FOR COASTAL EROSION Y/N: PLANNING BOARD APPROVAL DATE: -0/00/00 ZBA APPROVAL DATE: FEE: 341.45 F2=Summary F3=Exit F7=Reprint F8=CO F9=Denial F12=Clear PERMIT OWNER/AGENT: JAMES & WF MOTT ADDRESS: 42205 COUNTY ROAD 48 N.~O TY:~U~OLD LITION O~N EXISTING DESCRIPTION:~EMOL ~. SINGLE WETLANDS Y/N: TRUSTEES APPROVAL DATE: -0/00/00 DEC APPROVAL DATE: 0/00/00 FLOOR AREA: 2,343 VALUE OF WORK: .00 FEE CODE: NEW ADD/CHG/DEL: CHANGE Fl=Next Permit BPX01 *** BUILDING PERMIT APPLICATION *** 1/15/09 15:04:25 TAXID: 473889 59.-3-25.1 PERMIT#: 32208 APPLY#: OWNER: JAMES & WF MOTT MAP: LOT: ADDR: 42205 COUNTY ROAD 48 LOC: 42205 CR 48 SOUTHOLD NY 11971 HAMLET SOUTHOLD APPLY DATE: 7/10/06 PERMIT DATE: 7/12/06 DENY DATE: 0/00/00 VERIFIED BY: PMC VERIFY DATE: 7~ EXPIRATION: 1~ USE CODE: USE: NEW DWELLING BUILDING#: 0 OF: SUBDIVISION RO#: ZONING DISTRICT: YARDS SETBACK FRONT: PERMIT OWNER/AGENT: ADDRESS: CITY: JAMES MAX HGT: PLOT SIZE: AREA: SIDES: REAR: & MATILDA MOTT 42205 COUNTY ROAD 48 SOUTHOLD STATE: NY ZIP: 11971 DESCRIPTION: CONSTRUCTION OF A NEW SINGLE FAMILY DWELLIN~--(MODULAR) WITH ATT. TWO CAR GARAGE, COVERED FRONT ENTRY & REAR DECK; 2ND FLOOR UNFINISHED WETLANDS Y/N: TRUSTEES APPROVAL DATE: -0/00/00 DEC APPROVAL DATE: 0~ FLOOR AREA: 5,7~ VALUE OF WORK: 250,000.00 ADD/CHG/DEL: CHANGE Fl=Next Permit F-~=Summary COASTAL EROSION Y/N: PLANNING BOARD APPROVAL DATE: --0/00/00 ZBA APPROVAL DATE: ~ FEE CODE: NEW FEE: 1,611.00 F3=Exit F7=Reprint F8=CO F9=Denial F12=Clear BPX01 *** BUILDING PERMIT APPLICATION *** 1/15/09 15:03:56 TAXID: 473889 59.-3-25.1 PERMIT#: 13166 APPLY#: OWNER: MOTT, JAMES & WF MAP: LOT: ADDR: 42205 COUNTY ROAD 48 LOC: 42205 COUNTY ROAD 48 SOUTHOLD, NY 11971 HAMLET APPLY DATE: 0/00/00 PERMIT DATE: 5/30/84 DENY DATE: 0/00/00 VERIFIED BY: VERIFY DATE: 0~ EXPIRATION: 99~ USE CODE: -- USE: BUILDING#: 0 OF: SUBDIVISION RO#: ZONING DISTRICT: YARDS SETBACK FRONT: PERMIT OWNER/AGENT: MOTT, DESCRIPTION: MAX HGT: PLOT SIZE: AREA: SIDES: REAR: JAMES & WF ADDRESS: 42205 COUNTY ROAD 48 CITY: SO_~U_T_H/i~ ...... .. PERM I~"~ ~_,,~ STATE: NY ZIP: 11971 WETLANDS Y/N: TRUSTEES APPROVAL DATE: DEC APPROVAL DATE: FLOOR AREA: VALUE OF WORK: ADD/CHG/DEL: CHANGE Fl=Next Permit -o/oo/oo COASTAL EROSION Y/N: PLANNING BOARD APPROVAL DATE: -0/00/00 ZBA APPROVAL DATE: ~ 0 · 00 FEE CODE: FEE: .00 F2=Summary F3=Exit F7=Reprint F8=CO F9=Denial F12=Clear § 280-140 ZONING § 280-141 maintained or substantially expanded without a special exception approval first having been obtained therefor, which special exception approval shall be granted for the use by the Zoning Board of Appeals according to the provisions for the particular special exception use set forth in this article or elsewhere in this chapter. Any land use, including the erection, construction, reconstruction, alteration, demolition, moving, conversion or change of use of any structure, shall be a special exception use requiring a special exception approval if the text of this chapter or the use schedule hereof denotes the use as being either the subject of a special exception approval or simply a special exception use. No building permit for any such special exception use shall be issued until the required special exception approval shall have been granted for the same and the conditions imposed in such approval as prerequisites to a building permit, if there be any, have been met. § 280-141. Application; hearing; approval; violations of conditions. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public heating. The fee for a special exception shall be $400, as set forth in § 280-149. [Amended 4-10-1990 by L.L. No. 4-1990; 12-11-1990 by L.L. No. 29-1990; 9-8-1993 by L.L. No. 19-1993] Prior to taking action on any special exception use, the Zoning Board of Appeals shall schedule a public hearing within 45 days after determination that the application is complete. Within 60 days following the close of the public hearing, the Board shall render a decision on the application. [Amended 6-15-1993 by L.L. No. 10-1993] Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six months but may be extended for one additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun during the period of validity of such approval, shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: [Amended 6-15-1993 by L.L. No. 10-1993] (1) All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. 280:137 05 - § 280-141 SOUTHOLD CODE § 280-142 (2) All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. (3) The Zoning Board of Appeals shall retain continuing jurisdiction over the same. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the fight, after a public heating, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: [Amended 6-15-1993 by L.L. No. 10-1993] (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such aPproval: exceeding the scope of the activity, use Ol~ project as the same was described in the application. § 280-142. General standards. [Amended 6-15-1993 by L.L. No. 10-1993] No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of pennitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. 280:138 0s-01-20o6 § 280-143 ZONING § 280-143 § 280-143. Matters to be considered. In making such determination; consideration shall also be given, among other things, to: The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. The conservation of property values and the encouragement of the most appropriate uses of land. K. L. M. N. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot ' wherein the use shall be located. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. Whether the use or the structures to be used therefor will cause an over~:rowding of land or undue concentration of population. Whether the plot area is sufficient, appropriate and adequate for the use and the re~asonably anticipated operation and expansion thereof. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. Whether the site of the proposed use is particularly suitable for such use. Whether adequate bUffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. 280:139 05.0~. § 280-143 SOUTHOLD CODE § 280-146 Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous wast& which the proposed use will generate. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. § 280-144. Additional conditions and safeguards. [Amended 6-15-1993 by L.L. No. 10-1993] In deciding on any application for a special exception use, the Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. ARTICLE XXVI Board of Appeals [Last amended 1-10~1989 by L.L. No. 1~1989] § 280-145. Appointment; membership. The Town Board shall appoint a Board of Appeals consisting of five members, as provided by the Town Law. § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: 280:140 o5. Ol. 200~ § 280-13 ZONING § 280-13 (9) (io) (11) (12) (13) (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises? (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies.- One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. 10. Editor's Note: Former Subsection B(SXc), dealing with the glare of lights toward nearby property, which previously followed this subsection, was repealed 12-27-1994 by L.L. No. 30-1994. 11. Editor's Note: Former Subsection B(13), wineries, as amended, which previously followed this subsection, was repealed 11-29-1994 by L.L. No. 26-1994. 280:33 0s- 01 - 200~ § 280-13 SOUTHOLD CODE § 280-13 (h) (i) 0) (k) (1) (m) (n) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 280-4 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. All exterior alterations to the existing building, except for adcess to the apamnent, shall be made on the existing foundation. The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance ot: the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply an.d sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] (14) Bed-and-breakfasts which have been issued a. bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. 280:34 05- Ol - 2oo6 § 280-13 ZONING § 280-13 (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (1) (2) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the Town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the following subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: [Amended 4-9-1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-1992] (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carded on in an area not to exceed 25% of the area of all floors of the main building, and in no event shall such use occupy more than 500 square feet of floor area. 280:35 05- 01.2oo6 j~ -.~ 118109 J~.' Mott Estate to Sutherland, Mott and Inenuso Enclosed please find your original recorded deed, dated 12/1/08, and recorded 12/15/08 in the office of the suffolk County Clerk in Liber 12574, Page 896. Also enclosed is your original Owner's Policy of Title Insurance issued by Chicago Title Insurance Company under Policy No. 3808-00502. Thank you. Deborah Sutherland Charlene Mott 42205 Route 48 Southold, New York 11971 WILLIAM H. PRICE JR. ATTORNEY AT LAW P. o. BOX 149- 828 FRONT STREET GREENPORT, N. Y. 11944 PHONE: (631) 477-1016 I IIIIIIIIIIIIIIIIIIIIIIIIllllil[[ltllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 4 Receipt N"m~er : 08-0118625 TRANSFER TAX NUMBER: 08-11263 District: 1000 D~edAmount: At: LIBER: PAGE: Section: Block: 059.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $310,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO N~S SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $1 240.00 NO Cc~m.P~es ' Fees Paid TP~NSFER TAX NUMBER: 08-11263 THIS PAGE IS ~ PA~T OF T~ INSTRUMENT THIS IS NOT A BILL z2/15/2oo8 10:02:23 AM D00012574 896 Lot: 025.001 Exem~' $20.00 NO $15.00 NO $75.00 NO $0.00 NO $30.00 NO $3,200.00 NO $4,615.00 Judith A. Pascale County Clerk, Suffolk Count~ prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Han~i.~ ~4~. O0 TP-584 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) 6__ EA-5217 (State) '-7 ~ -- Comm. of Ed. 5. 00 Affidavit Certified Copy N~rS Surcharge 15. 00 Other Sub Total / Z  5 lO00 05900 0300 02500! Real ~ Tax S~ ~ Age Verificauon 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec ./AssR. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment~,__~,~___ Transfer Tax ,~ ~' '-' Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this i~l~ument. I4- 5 Community Preservation Fund 'CPF T9x Due /" -_~-/ Improved Vacant Land TD Mail to: dudith A. Pascale, Suffolk County Clerk i 7 I Ti}l,e Company lnfnemnfion 310 Center Drive, Riverhead, NY 11901 [ Co. Name ~----~ )'~'/q~ ~,~-tce--- ~rr~,*~~ www. suffolkcountyny, gov/clerk I Thle # --.g~O-~' ~-~C.X.t'~O ,*.-- Suffolk County Recording & Endorsement Page This page form~ part of the attached ~.:~. ,.2,7~,fi' made by: (se cn 3~'o-~cK'~d~ ~/~'w~'~ C~t-~-~ ~./P~/~,_ The premise~ herein is situated in -~'q,~0~'-; o ?C..: ,.~/:~t'~"f ~ C-/4'~;'c~r~JFFOLK COUNTY, NEW YORK. THIS INDENTURE, made the 1~ day of December, Two ThoUsand E~ght BETWEEN, CHARLEI~ D. MoTr, whose address is 42205 Rome 48. O. ?d ecamrs of the last s C. MOrt ,,-ho 971, as Co Ex of~e lust pan, '~ Southuld, N,e~ .Y or~ 122,,ch' Two Thousand Seven, the party died on the 4 rtay o~ DEBORAH~I~ SUTBERLAND' residing at 42205 Route 48, Southold, New york 11971, CHAP, L.E,.NI~_ D. MOTT, residing at 42205 Route 48, Southold, New York 11971, and KATHI~ A. IENUSO, res~amg Meyers Road, Neversink, New York 12765, party, of the second part, were issued by the at 96 testament and/or by Article 11 of the Estates, WITNESSETH, that the party of the first part, to whom letters testamentary ork on Ma 24, 2007 (File No. $76P2.007) and by virtue of · . mmvm v TEN mous (s3 0,00 0.0) - LaW, and in cons~derauon of ~ of the second part forever, the power and aumm"Jthffparty of the second part, u ....... eby _ ' improvements thereon erected, second part, the distributees or successors situate, lying and being in the ToWn of Southoid, County of Suffolk and State of New ALL that certain plot, piece or parcel of land with the buildings and York, being more particularly bounded and described as follows: side of Middle Road (C.R. 48) dlsmn.t 680.55 BEGINNING at a point on the northwestejln~ of a straight line connecting the easterly s~de of Kenn¢ eme southeasterly easterly from the extrI iddle Road (C.R. 48); ~°oar~ with northwesterly s~de of M land now ov formerly RkllqNINO THENCS North 41 degrees 05 minutes 20 seconds We~ foal~gedy of Yenetis; Suffolk County Water authority a distance of 224.96 feet to land. now . THENCE the foUowing 2 courses and distances along last mentioned lands. North 60 degrees 46 minutes 40 seconds East 140.00 feet_; the northwesterly side of Mi~ 2'. South 41 degrees 0g minutes 20 seconds East, 229.63 tect to RoM (C.R. 48); the northwesterly side of Middle Road (C.R. 48) along an arc of a c THENCE southwesterly along feet a distance of 140.03 feet to the point or pla~ bearing to the left ha~ing a radius of 2116.68 Beginning- lames Molt by deed dated BEING AND INTENDED TO BE the same pt~nnises conveyed to and recorded $/23/54, in the Office of the Suffolk County Clerk in Liber 3745, page 406. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center line thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the fu'st part has or has the power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. The word "party" shall be constxued as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written iN PRESENCE OF: D~BORAH b.~g'O-TH~RL~Utor CHARLENE D. MOTT, Co-Executor STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the 1st day of December, 2008, before me, the undersigned, personally appeared Deborah D. Sutberland and Charlene D. Mott, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the insmament, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public HERB[RI A. FEtGENBAUM NOTARY PUBLIC. State oF New York No. 01 FE4327993 Oua!ified in Sbffo{~ Cou]l~y Comm~sica ~xp res Dec. 31.20 =_O'~NE~ S'rRE~ ff'2,'2 ~.~ W~.LAGE ~ST SU~. · ~-u~ ~. ' ~ ~ ..~ ~%~.~: ~- _... s w.' w~ OF ~u,m~ /~~ ...... . . RES,.~ . S~S. W. .FABM ~. C~. .M~CS. MHD iMP. TOT~-- ,.DATE - RE~RKS ~[~ }q~ L ~gqC ~ qB6 Z ~ ~v z~ ,,/, t~' " ' ~ ' ' ' AG[ BUILDING CONDITION ~N~ NORMAL BELOW FA~ Acre Value Per Value Acre Tillable DRONTAGE ON WATER ~o~land FRONTAGE ON ROAD Mea~w~d DEPTH' · House Plot BULKH~D ' Tota~ ~ DOCK COLO~ TRIM Basement .- Ext. Walls Place Room Bmh · ]nteH°r Finish Rooms ]st Floor Rooms 2nd Froor Drivewoy / j Dinette J ¢OLO 59.-.3=25,1 12/07 ~ t~X~<~ = ~?--~ ~,eo I~>~:) Foundation OTHER Bath Extension Fi~ Place Garage ~ ~ ~ ~7~ / ,~ ~ ~ Ext- Walls Porch Dormer Baths Dec~Pafle ~ Faro, Rm. Pool Foyer A.C. Laund~ O.B. L]bra~/ Dock S~dy 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 January 22, 2009 Zoning Appeal No. 6273 Transmitted herewith is Zoning Appeals No. 6273 of Deborah Sutherland & Charlene Mott - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Copy of Application for Building Department Dated January 13, 2009, Notice of Disapproval from Building Department Dated January 14, 2009, Drawings of Proposed Apartment Prepared by William Schott, 3 Pages of Photos of House, 3 Pages of Property Record Card, Certificate of Occupancy for New Single Family Dwelling Dated May 31, 2007, Certificate of Occupancy for As Built Accessory Shed Dated November 14, 2008, 6 Pages of Recorded Deed Dated December 1, 2008, Copy of Floor Plan for Basement Dated August 11, 2006 Prepared by Deluxe Building Systems, Copy of Survey Dated October 13, 2008 Prepared by Hands on Surveying. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/22/09 * * * RECEIPT * * * Receipt~: 38686 Transaction(s): 1 1 Application Fees Reference Subtotal 6273 $400.00 Check,:1036 Total Paid: $400.00 Name: Sutherland, Deborah 42205 Rte 48 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6273 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/21/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP SUTHERLAND, RECEIYED Deborah & MOTT, 1036 $400.00 6273 Charlene JAN 2 2 2009 Soul hold Town Clerk $400.00 By__ Thank you. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MAY 28~ 2009: 9:40 A.M. DEBORAH SUTHERLAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apartment (without a permit). The Certificate of Occupancy for the existing single-family dwelling was issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. Location of Property: 42205 County Road 48 (alk/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 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: May 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 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 May 5, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 28, 2009 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 May 14th 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 al._~l owners of property (tax map with prope[ty numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hear n.q, providinq the returned letter to us as soon as possible; AND not later than May 15th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any 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 May 19th: 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 May 26, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at_,ht%'>°5 IT tlr , New York, being duly sworn, depose and say that: Onthe I~¢~ dayof ~f , I rs · . .~r .. , pe onally placed the Town's official Poster, w/th the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place f.o.r seven dp4~! prior to tF~t date of the subject heating date, wlfich hear/ng date was shown to be ~t~ % g ___. Sworn to before me this day of [/~J/ ,200 ~ (Notary PubliOt (Signature) PENNY BEOEI, L_ Notary Public. State of New Yo~k No. 01BE6099317 *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete Items 1, 2, and 3. Also complete Item 4 ff Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~VC~e Addressed to: 'Printed Name) J C. Date oL~elive~v i D. Isdeliveryaddressdi/ferent from item 17 F'I Yes : if YES, enter delivery address below: [] No r · Cemplete items 1, 2, and 3. Also complete I~m 4 if Restricted Delivery is desired. · Pfl~t your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or co the front If space permits. C. Date of Dalh,~/ r; ~ Item 17 I-I ye~ ~ · Complete items 1, 2, and 3. Also complete item 4 if Reetficted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. B. Received by ( Printed Name) C. Date Is delivery address different from item 1 ? [] Ye~ if YES, enter delivery address bel6w: [] No · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · JM*a~oh this card to the back of the mailpiece, ,. ~r~l~ the flont if space permits. 1. ,NtiC~e Addressed to: 4. Restricted [~live~ (Exes Fes) [] Yes ~,~,~ 7009 0820 0001 7820 0970 PS Form ~811, February 2004 Domestic Return Receipt · Compiste Items 1, 2, and 3. Nso compiste item 4 If Resfltcted Dellve~ Is deelred. · Pdnt your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpisce, I~e~iv~d by ( P~rr~d Narm D, Is deliv~ address diffem~t~ If YES, enter delivery addre~ ~ items 1,2, and 3. Also complete Item 4 if ResMcted Delivery is desired. ~ your name and address on the reverse eo that we can return the card to you. . ~ lfllll~h this card to the back of the ma~tplece, ~ ~ the front if space penrnits. · Oemplete Items 1, 2, and 3. Also complete i·m 4 if R~ Dellve~ Is deelred. · I~nt your name and address on the reverse ~ tf~t we can return the card to you. '1 ~ this card to the back of the mellpisce, er on the front if space permits. ~ PS Fo~ [] Add~, ~y ( Printed Name) D. Is delivery address different from item 17 If YES, enter delivery add~'~s below:, r'l No D. isdelive~addmssdEfem~tf~omiteml? i--lYes If YES, enter delivery address below: r'l No I I-I Registered [] Return Receipt for Memhendise / [] Insured Mall [] C.O.D. · COmplete items 1, 2, and 3./Uso complete I~m 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits, B. Received I~,er tiffed Mell [] Registered r~ Insured Mail 4. Restricted Deliver/? (Ex~a Fee) 2. ArflcJe Number 7009 0820 0001 7820 1038 ~ PS Form 3811 __ ~ Return Receipt r-1 Express Mall r'l Rctum Receipt for Merchandise [] C.O.D. I~yes · Complate ;tams I 2 and 3./Uso Comp ete item 4 f Restricted De ivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mairpiece, or on the front if space permits. 1. Article Addressed to: A. ~gnature ] ~ent C. Date of Deliver/ from item 17 []Yes r'3 No [] Registered [] Insured Mall [3 Expre~ Mail f"l Return Receipt for Merchandise ~ C.O.D. 4. Restricted Delivery? (E~,= Fee) 2. A~ticre Number __ f-I Yes ~'m,=~lc 7009 0820 0001 7820 1052 . PS Form 3811, Feb,,,,,~, ~uue Domestic Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: blEW YORK In the Matter of the Application of (Name~of Applicants) CTM P~cel # 1000- AFFIDAVIT 01~ MAILINGS COUNTY OF SUFFOLK) STATE OF blEW YORK) , New York, being duly sworn, depose and say that: On the/_J~day,of ,~ ~ ,-)~T't,, I personally raailed ai the IJnited States PostOffico in ' ~ o crfL.~ d~ ,New York, by CERTIFIED MAIL, RETURN RECBIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the em-rent assessment roll verified from the official records on file with fl~e ( ) 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. (Signature) /t' dayoft/ ,200 PENNY BEDELL No. 01BE6OgcJ317 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresse~ for which notices were mailed. Thank you. Postage $ r~- Certified Fee r-1 RetuTn Receipt Fee t--1 (Endorsement Required) c [ post~ge Certified Fee Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees r~_ or PO Box No. $0,44 O~ql $2.80 77 Postmark $2,30 $5.54 5/11/2~ postage 0%'1 $2.80 'r/ Postmark $2.30 R~ $ $5.54 05/11/2(X)9 . ,~ fl , "' ,. f :..l _o:_~__o:..o:'..~.o/_(f ~,...~.~ ...~ ~./. ................................... I NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SUTHERLAND/MOTT #6273 MAP # 59-3-25.1 VARIANCE USE VARIANCE REQUEST ACCY APARTMENT-BASEMENT DATE: THURS, MAY 28, 2009, 9:40 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 #9297 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14th day of May, 2009. Principal Clerk Sworn to before me this SOUTHOLD TOWN ZONING, BOARD OF APPEALS THURSDAY, MAY 28, 2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant ~o Section 267 of ~ Town Law and To~ ~~);~,wn o~ Somllotd. ihe f~o~b~c hearin~ willbetl,~llby*~'SOIfl~t.~OWN on to~l.01oth) side yard setbacks, and ZONIN~ ~ OF ~; at ~t I~aan 75 ~t from the bulkhead, the To~.lff~ll,~dS ~ ~ EO. ,~tl~WestShomDrba:,Sonthold;CTM Box 1179, Southold, Ne~ nfork I~t971- 1000~5-5.1 ad~:ent to Southdid Bay. 0959~0n':, 1.15 A.M. MICHAEL and LINDA ~1~ ~ lllYrl~l~ :~'. GAMBARDELLA S6272. Requests for 6~ Requ'L&l~10'~e ~i~ Variances under Section 280-124, based · st for a Variance 1/~der on the Building Inspector's December Zoning Code Section 280-13(m), based 1S, 2008 amended Notice of Disapproval ~ the Building Inspector's January 14, concerning a proposed addition m the ~09 Notice of Disapproval concerning single-family dwelling. The ~app!ication concerning conversion of breezeway addition is ~ment area to a~ccessory apart- neet the preexisting two-story ~ n~t~witbout a permit). The Certificate the dwelgng' resulting in:. (1) a side yard of O~cupancy for the existing single- setback at less than the code-required lami~dweilingwaslssuedMay31,2~ff/, 15 ft. miimnum and (2) lot ~ ami Section 280-13(m) states that the 'exceeding the code limitation of b~ilding must l/ave a valid Certificate at 9480 Nassau Point Road, C~ltchOgue: of O~upancy issued prior to January 1, CTM 1000-118-6-7 (adjacent to Peconic t95~, or proof of ogcupancy prior to that Bay). date. Location of Property: 42205 Coun- 1'1:25 A.M. JOHN and ty goad 48 (a/k/a North Road, Middle Read), Southold; CTM 1000-5%3-25.1. , ~ A.M. LUKE UCALZI Location of ProperS: 2105 Calves Neck Road, Southold; CTM 1~00-704~6A. Requests for Variances under Seetio~ 280-15-F and 280-122, based on the Building Inspector's revised February ~3, 2(~ Notice of Disapprovai concern- mg proposed additions and alterations to the existing accessory structure and concerning the Occessory baildmg (as~ built paol-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increa~ in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or frofit yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at BERKERY # 6277. Location o{ Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CT~ 37-4-2. Requests for Variances under Sections 280-11~ and 280-124, based on the Build- ing Inspeeinr's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit ~o construct additions and alterations to the existi~ dwelling. The reagons stated for proving the appgcation are: (I) a single side yard setback will be less than 10 feet; (2) ~be combined side ~ard setbacks will be less th~n 25 feet (both sides~ (3) the rear yard setback will be Jess tha~ 35 feet from the proper~ line; (4) the setback to the bulkhead wi0 be less than the code required minimum of 75 feet; (5) the~rc~ntage of lot coverage on this buildable lot area of 8,676.41 square feet ~iH exceed the code liraltution of less than the code required minin~um of ' 20%. 15 feet on this 58,519 squexe foot iot; c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolbouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. and Section 2780-15(b)(c)(d), based on disapproved ar~ ' ' (1) ,two 0he-family dweilingS will be 1:10 PM, SUSAN TSAVARIS Request for a Variance under Section 280-116A(I); based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition and alterations to the existing dwelling wit~ a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE #626% (Pending attendance by owner/ applicant). Request. for a Special Ex- ~4~ P~L LEANN'NEALZ ~74. ~ae~!ionof660~qua~efeet for rReqn~'~ for Variamces under Section toE's January 14, 2009 revised Notice of the roof width limitation, Disapproval concerning a proposed rear (4) the:height wil/be 24.6 fe~t instead of the code m~xtmum l~nitation of 22 · (5)~the ~ethack wifi be six (6) feet in,' st~cadof the cod~.requfred minimum of screen porch addition tO the existing dwelling, which construction Will result in a rear yard setback at less than the code required minimum Of 35 fe~t and lot COverage exceeding the code iimita- AM. WILLIAM am! MAR- CTM 1000-18-5-8. GARETHOWI~LL # 6275.Request for . .The Board of Appeals will hear all tions to the ex'ting dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long ~t~d S0tmd,at 92ff2 Bridge Lane, ::~teho~.~ 1000-73-2-3.1. ~' 1~30 :~KENNETH MARD BOROU~ff~79. Request for a Vati- ante under ~ 280-15, based on the Bailding ImpectOr's October 7, 2008 Notii:6 of Disapproval concerning an ap- plication,for a building permR to locate an accesSory swhnming pool structure in a front yard ih part, rather than en- tirely in a rear vard.at 95 Strohson Road than designated above. Hies are avail- able ~or review during regular business hours and prior to the day of the hear- ing. If you have questions, please do ti0l hesitate to contact our office at (63.1) 765-1809,, or by email: Linda. Kowalski@ ·Town. Soathold.ny. us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSK! 54375 Main Road (Office Loc~fion) day of~~:~/' 2009. ,~', "O~ NEW YoRK ~{OTAI~V PU~LIC - A'~ salo Newspaper ouu~ ~au. w~r, ,v, 14th day of May, 2009, Principal Clerk Sworn to before me this LEGAL ~ SOUTHOLD TOWN ZONING. BOARD OF Ai~.~IA~ ,' TllUI~DAY, MAY 28, 2fi00 '~ ~PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant [o _~oa. ~677f.~ ~ ].~ ~d ZONI~ OF ~; at Box ll~J, Sou{hOld, Near n/ot~ .t~1971- Zoaing Code Section 280-13(m), based ~ I]le Building inspector's January 14 JNotice of Disapprova concern ng ~:a~lPlication concerning conversion of 5~ilser'~ merit area [o a~accessory ap~t- ::#111~(without a permit).The Cet~tificare · ~t ~cupancy for the existing single- ~ dwelling was issued May 31, 21Eq, ~ Section 280-13(m) states that the Inlildiag must have a valid Certificate day of~..~// 2009. W'/ 'pUgL~C .~TAt~- 0~: NEW YORK HOTA ~ 5~ 05O60 mt told 0~o~h) side yard ~etbacks, and ~ I~m 75 f~et fi.om the bulkhead, ;~t ][~$/e~t Sho~Drixe, Soarhold; CTM ~5.i a~lcent to Soft,old Bay. 11:15 A.M. MICi{AEL and LINDA GAMBARDELLA ~6272. Requests for Variances under Section 280-124, he~d on the Building Inspector's December 15, 2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwehing. The pro~o~d breezeway addition is propose~:on- neet the preexisting two-story ~ the dwelling, resulting in: (1) a ~ yard setback at less than the code-required 15 ft. minimum and (2) lot 'exceeding the code limitation of at 9480-Nassau Point Road, Cdtchogue; O~¢upancy issued prior to January 1, C"138 1000-118~6-7 (adjacent to Peconic ~9~4, or proof of ogcupancy prior to that Bay). Location of Proper ty: 42205 O. oun- 11'25 A.M. JOHN m~d KATIII~,~ BERKERY ~ 6277. Location of erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37~-2. Requests for Variances under Sections 280-11~ and 280-124, based on the Build- lng Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a b~dding permit ~o construct ~ addltions and alterations to the ~ti~ dwelling. The reasons stated for ding- proving the application are: (1) a single side yard setback will he less than 10 feet; (2) the combined side yard setbacks will be less thhn 25 feet (both sides)'; · (3) the rear yard setback will be less then 35 feet from the property line; (4) the setback to the bulkhead wig be less than the code required minimum of 75 feet; (5) the percentage of lot. coverage on this buildable lot area of 8,676.41 square feet b/ill exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS Request for a Variance under SecQon 280-116A(1), based on the Builffmg In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition and alterations to the existing dwelling wi~ a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; ~ 10(~0-30-2-53. 1:15 P.M. MADELINE DROEGE ~6267. (Pending a~endance by owner/ applicant). Request.for a Special Ex- ception in aocordance with Code Sec- tion 280-13B(!4) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing ~mgle- family dwelling, with owner-occupancy, for the purpose of lodgi~,g (two guest bedroo&s) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/Wa as Lot 6 on the fdod Map of Petty's Bight; CFM Parcel g100Q-14-2-24. 1~0 P.M. LEANN NEALZ ~374. 'Requests for Vari0aces under Section .2~,h24~ the ~ tot's January 14, 2009 revised Notico of Disapproval concerning a proposed rear screen po~h-addition to the existing dwelling, v~ieh construction Will r~sult in a rear yard setback at less than the code required minimum of 35 fe~t and lot cOverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. The Board of Appeals vail hear a0 p~rsons, or their representatives, dasir- lng to he heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing .will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (631) 765-1809; or by emali: Linda. Kowalski@ -Town. Southold.ny. us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Lo~tion) 53095 Ma~n Road fMailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 9297-1T 5/14 ty Road 48 (alk/a North Road, Middle l~ad), Southokl; CTM 1000-59-3-25.1. , ~ AM. LUKE IACALZI b~280. Location of Property:. 2105 Calves Neck Requests for Variances under Sectin.n.s 280-15-F and 280-122, based on the Buikling InspectorZs revised February 23~ 2~ Notice of Disapproval concern- ing proposed additions and 'alterations to the existing accessory structure and concerning the 0ccessory building (as- built pool-house) which are not permit- ted, for the fo0owing reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or fi.otu yard on this water- front parcel; b) create an increase in the degree of the setback to the side property fine at less than the cede required minimum of 15 feet on this 58319 square foot lot; c) thc height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built constraction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10:05 A.I~L gTANLI~y add'CHRIS- TINE MAI.ON # 627L Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d), based on an application for a building permit and the Budding Inspector's Novemher 5, 2008 Notice Of Disapproval concerning a proposed accessory garage/pool house, The reasons that the apphcarion were disapproved are: (1) two one-family dwedings will he created on this 16,059 gquare foot lot, (2) the proposed total square foot- age will he 1739 square feet instead of the code limitaffon of 660 square feet for lot~ UP t o 20~000~tuareda~t-i~ ~&~ (3) the dormers will exceed 40% of the roof width limitation, (4) the:height will be 24.6 feet instead of the code maximum limitation of 22 (5) the setback wili be six (6) feet in-' sttmd of the code required minimum of 10-.2~ A.M. WILLIAM and MAR. G~gT HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober 15, 200~ Notice of Disapproval concerning an application for a buildigg pernfit to construct additions and altera- tions to the existing dwelling, which new construction will he less than 100 feet from the top of the bluff or bank of the Long Is!and Sound,at 92ff2 Bridge Lane, Catchogu¢; ~ 1000-73-2-3.1. ~ 10'.30 ~ KENNETH MARL. BOROUG~H~ ~a~'/9. Request for a Vari- ance under Se~io~ 280-15, based on the Building Inspector's October 7, 2008 Nofic~ of Disapproval concerning an ap- plication,for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than en- tirely in a rear yard,at 95 Strohson Road at Little Neck Road, Carchogue; CTM IL00 A.M~ VINCENT AND LAU- RA MANETTI ~62'/8. Requests for .Variances under Sections 280-116-B and 280-122, based on the Building Inspec- tor's November 19, 2008 Notice of Dis- approval concerning proposed additions and alterations to the existing single- family dwegmg, The reasons stated for disapproving the building Pern~t app'- cation are t~t the new construction will constitute an increase in the degree of nonconformance on a single side var& AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 2) Address of Applicant: t~2-2~6~ ~L~ o{ O~fix~o ~ 3) Name of Land OWner (if other than applicant): 4) Address of Land Owner: 5) Descriptionoferoposederoject: .,[}~l~.~.~ ~ ?/'~_~.~ ~'at~ ~ /'tX ~~ 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district? ~INo [-]Yes If yes, Agricultural District Number ~ 8) Is this parcel actively farmed? UNo l-lyes ~-/-,00 ~- ~ ~ ~ ~ 9) Name and address of any oWner(s) of land within the agricultural disthct containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the ToWn Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the ToWn of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- . ~1938 or the ~/l~g Board of Appeals at 765-1809. - tri ~Signa~e of,~lil~flt - Date 1. The local board will-solicit continents from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 S0uthold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 · Januaryo19, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6273 Owner/Applicant: Sutherland and Mort Action Requested: Apartment in basement (use variance) Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman