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Home My WebLink About6376 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD ZBA FILE: #6376 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Tel. (631) 7654809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERNIINAT~~' '~ MEETING OF JUNE 10, 2010 NAME OF APPLICANT: Toni M. Fine and Barbara J. Cohen SCTM # 1000-98-01-2.14 PROPERTY LOCATION: 3100 Indian Neck Lane and Leslie's Road, Peconic, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 11, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Property is improved with a two story single family dwelling, an accessory shed and an accessory 7'X10 greenhouse. The property has 223.77 feet of frontage on Indian Neck Road, with 284.98 feet along the northerly property line, 93.31 feet along Leslie's Road and 127.61 feet on the southern property line. BASIS OF APPLICATION: Request for Variance from Code Section 280-15, based on an application for building permit for "as built" accessory shed, and the Building Inspector's January 25, 2010 Notice of Disapproval concerning "as built" 10X16 accessory shed, location of accessory shed in the front yard rather than code required rear yard. RELIEF REQUESTED: The applicant proposes to maintain an as-built Accessory Shed in the approximate same location as a pre-existing nonconforming accessory shed that was removed by the applicant due to its severe disrepair. The location of the proposed as-built accessory shed will require a front yard variance as well as a setback variance. ADDITIONAL INFORMATION: Certificate of Occupancy #33394 dated 11/17/08 for the subject parcel indicates the "remains of an accessory framed non-habitable shed". A copy of a survey, submitted with the application, prepared by R. Van Tuyl, P.C. dated Feb. 26, 1979 shows the location of sheds in the front yard, one of which is the approximate location of what is being proposed by the applicant in this appeal. The applicant testified that the pre-existing nonconforming shed was in terrible disrepair and had termite infestation. The applicants/owners are pursuing improvements to restore and preserve the historic architectural character of the individual structures on this parcel as well as its existing landscape and garden features. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2- June 10, 2010 ZBA File#6376 - Toni M, Fine and Barbara J. Cohen CTM; 1000- 98-1-2.14 The Zoning Board of Appeals held a public hearing on this application on May 20, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3){b){1). Granting of the requested variances for the 10'xl6'as-built accessory shed in the approximate same location and replacement in-kind of the pre-existing accessory shed will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. An accessory shed has pre-existed in this approximate location since at least February 26, 1979 (as shown on a copy of a survey dated Feb. 26, 1979) and a replacement in kind will maintain the character of this parcel and neighborhood. The distance from the proposed as-built accessory shed and the edge of pavement of Leslie's Road is approximately 21 feet and is treed and vegetated which mitigates the visual impact a shed might have at the proposed location when viewed from Leslie's Road. 2. Town Law §267-b{3}{b){2}. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The pre-existing nonconforming accessory shed existed in a front yard with an approximate six foot setback from the property line adjacent to Leslie's Road, consequently a replacement in-kind at the same location will require an area variance. The Code requires accessory structures to be located in a rear yard. The applicants' property has two front yards and the rear yard created by the principal residential dwelling is narrow and heavily treed which does not afford a feasible location for a 10'x16' shed without the removal ora mature tree(s). 3. Town Law l~267-b(3}(b){3}. The variances granted herein are not substantial when considering that there was a pre-existing nonconforming accessory shed in the approximate same location of what is being proposed in this appeal. The distance from the as-built accessory shed location to the edge of pavement of Leslie's Road is approximately 21 feet, as scaled from the survey prepared by Nathan Corwin, L.S. dated October 20, 2008. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that granting of variances for the as- built accessory shed in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(31(b)(5}. The difficulty has not been self-created, insofar as the pre-existing nonconforming accessory shed existed in a front yard with an approximate 6 foot setback from a property line and any improvement requiring a building permit or replacement in-kind of this accessory shed will require area variances. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the as-built accessory shed in the approximate same location and in-kind of a pre- existing nonconforming accessory shed while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dinizio, and duly carried, to GRANT, the variance as hpplied for, and shown on the Survey prepared by Nathan Corwin, L.S. dated October 20, 2008 of subject parcel SCTM #1000-98-01-2.14, subject to; Conditions: I. Adequate evergreen screening shall be planted along Leslie's Road to mitigate the visual impact of the'proposed as-built accessory shed. Applicant shall submit a plantings plan with respect to this condition, for approval by the Page 3 -June 10, 2010 ZBA File#6376 - Toni M, Fine and Barbara J. Cohen CTM: 1000- 98-1-2.14 Board and subject to modification by the Board. A Certificate of Occupancy shall not be issued until this evergreen screening is established and maintained to the satisfaction of the Board. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IV D~ Leslie Kanes Wcisman, Chairperson ,~ ' JU~ I 6 Cc*~ hold lo~ Cle~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 September 8, 2010 Barbara J. Cohen P.O. Box 391 Peconic, NY 11958 Re: ZBA #6376 Dear Ms. Cohen: I am in receipt of your letter dated August 30, 2010 and the attached Planting Plan. I have reviewed the Planting Plan for the property located at 3100 Indian Neck Lane in Peconic. The proposed location of the Leyland Cypress, Diadora Cypress and Green Giant Arborvitae meet the condition of adequate evergreen screening as required in your June 10, 2010 Board determination. I will instruct the office to send a stamped approved set to the Building Department so that you may proceed with your project. If you have any questions please call the office. Thank you. Sin e Chairperson/Department Head Cc: Building Department, ZBA file Toni M. Fine and Barbara J. Cohen PO Box 391 Peconic NY 11958 August30,2010 ~OARD OF APPEALS Ms. Vicki Toth Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971-0959 Re: 3100 Indian Neck Lane -Peconic ZBA # 6376 Dear Ms. Toth: The approval of the variance on June 10, 2010 was subject to one condition, described below: "Adequate evergreen screening shall be planted along Leslie's Road to mitigate the visual impact of the proposed as-built accessory shed. Applicant shall submit a plantings plan with respect to this condition, for approval by the Board and subject to modification by the Board. A Certificate of Occupancy shall not be issued until this evergreen screening is established and maintained to the satisfaction of the Board" Attached is a "plantings plan" and supporting materials to satisfy the above condition. Please notify us immediately upon the Board's approval of this plan. Thank you very much for your assistance. Any questions, please contact me at (917) 562-4290. Sincerely, Enclosures. Planting Plan 3100 Indian Neck Lane Peconic, NY 11958 The planting plan will incorporate the following new evergreen trees to compliment the existing trees (not shown in plan) in the area fronting Leslie Road in order to screen the accessory shed building. All new trees will be a minimum of 6 feet in height. Leyland Cypress - It is a fast-growing evergreen tree much used in horticdture, primarily for hedges and screens. ! Diadora Cypress - Fast-growing, upright conifer with pendent branch tips. Makes a dramatic garden evergreen. Best in sun or partial shade with moist soil. Will grow into a very large specimen conifer. Green Giant Arborvitae - The 'Green Giant' arborvitae is a large, vigorous, fast growing evergreen. It's natural pyramidal to conical form boasts dense, rich green foliage that darkens or bronzes only a little in the winter. This is an exceptional landscape tree for use as a screen, hedge, windbreak, or single specimen. LESLIE ROAD ~ CF_- 0.4' F--. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 25, 2010 TO: Barbara Cohen P O Box 391 Peconic, NY 11958 Please take notice that your application dated January 8,2010 For a permit tbr an "as built" accessory shed at Location of property: 3100 Indian Neck Lane, Peconic NY County Tax Map No. 1000 - Section 98 Block 1 Lot 2.14 ls returned herewith and disapproved on the following grounds: The "as built" 10' X 16' accessory shed, is not permitted pursuant to Article IlL 280-15 which states: "In the case AC District & Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subiect to ..." The "as built" accessory shed, is located in a front var& Authorized Signature DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED MAR 1 BOARD OF APPEAL~ THOMAS A. ISLES, A,I.C.P DIRECTOR OF PLANNING March 11, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant countY-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers CMEEC #6375 Cohen, Barbara fl6376 Tupper, Allison #6377 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SURVEY OF PART OF LOT 3 MAP OF EAST HILL SECTION No, 7 FILE No, 6044 FILED NOVEMBER 29, 1975 SI TUA T£ PECONIC TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-98-01-2.14 SCALE 1"=20' OCTOBER 20, 2008 AREA = 54,496 sq. ff. 0.792 ac. \S 6 26'$0,, £ \ \ \ \ N 7. 6 26,30 118.16, 127.61, // L... ·. MAP REVIEWED BY ZBA 1 __Il? I_lO CERTIFIED TO: TONI M. FINE NOTE; ADDITIONAL PATIOS, WALKS & iNTERIOR FENCING IF ANY ARE NOT SHOWN. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N,Y,S Lic, No 50467 Nathan Taft Corw~n III Land Surveyor PHONE (631)727-2090 Fax (531)727-1727 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ L~) For Office Use Only ! ~.~ ? ~ Filed By: Date Assigned/Assignmen~ No. Office Notes: ~ ~r:~? ) ~. ~ O0 House NO. Street ~'/q OllqN M~CI~ ~71/~"-Hamlet SCTM 1000 Section ~ Block 1 Lot(s). ~' I~ Lot Size I (WE) APPEAL T.T..H. E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED IffZt.~7~O]O BASED ON MAP DATED /O /~._O/~..~O8 Applicant(s)/Owner(s): {0'14[ ~.~'lgl~-~ ~.t4t~ ~:~CI//9~.t3BI._%~ Telephone:~t'~-62-tlt~-~O Fax#: Email: hi cc NOTE: In addition to lhe above, please complete below' if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: -- for( )Owner, or ( )Other: Agent's Address: Telephone ' Fax #: ~ Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: XApplicant/Owner(s),or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPE~CTOR REVIEWED MAP DATED AN APPLICATION DATED /ff~.~ ]~.xgt 0 FOR: .~:~ilding Per~it- / [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction EOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) "~t~K-O~'~KT~'~)~ L Article.~ Section 280- /'~' Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has ,~as not been made at any time with respect to this propertv~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) NameofOsvner= REASONS FOR APPEAL (additional sheets mag be used with preparer's signature}: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or x~..~-.~ ~ Are there Covenants and Restrictions concerning this land: ~o. [] Yes (please [urnisk copF). 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 SHEEI~ (Please be sur~.~to consult your attorney.) _ ,~ Signature of Appellant ~ ~thorized Agent (Agent must submit wrioen Aufl~rization from Owner) Sworn to~.be[ore me this ~l-~~' dayof I"~-Lo 20[ID . CARMELLA SANCHEZ NOTARY PUBUC, STATE OF NEW YORK QUALIRED IN QUEENS COUNTY NO. 01 SA6202305 MY OOMMISSION EXPIRES 0,3~9/~. [ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ]0'-vk; ~[=?ltA~ . ~-'~ff~(ff~lr~ &(K.~4 Date Prepared: i. For Demolition of Existing Building Areas elease describe areas being removed} ~'~ f. ta- ~.~[_[+Lltt.q~ lO ~.~ /6! II. New Coustrucflon Areas (New l¢~qtffig or ~ ~.uu.tm.~ r~xtenMons). Dimensionsoffirstfloore'~t~'-~i~'~: /O ' ~ I~ t Dimensions of ne~v second floor: Diinensions 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: IlI. Proposed Construction Description (Alterations or Structural Changes]~ (attach exna sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Nun~ber o f Floors and Changes W~H Al[erations: IV. C~kulatio~s of b.ildi~g areas and lot ¢overage (fro~ s.rveyor): Ex,sting square footage of buildings on your properW: ~ 5~W k ¢ . J ~ (q~ Proposed increase of building coverage: Square tbotage of your lot: ,lqZ ~ Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: ~:~ VI. Please describe the laud contours (tlat, slope %, heavily wooded, marsh area, etc.) on your land and how it re~tes to the difficulty in meeting the code requirement(s): ~ /d~ t~ t ~ o ~ Please sub,nit seveu (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. x 7/2002; 2/2005; 1/2007 (~'~ e-' ~ff-~'~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tire subj. ec) premises listed on the real estate ~narket for sale? C Yes ~o X,~ there any proposals to change or alter land contours'? o Iq Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses'? ~ 2) Are these areas shown on the map submitted with this application'? 3) Is the proper~y bulkheaded between the wetlands ~?~d the upland building area'? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or belo;v five feet above tnean sea level'? E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting'? ~J ~) (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) n ru t~on takln lace at th~s t~me concernln our renfises F. Do you have any co st c' ' gp ' ' ' gy p '. If yes, please submit a copy of your building pemfit and snap as approved by the Building Departmentauddescribe: ~ O_~J~'~-2t'~t.t.~ -f~[~'~ ~t~l~r_~ ~ ~lrtt/id~. v~ G. Do you or any co-owner also own other land close to this parcel'? ~/t~) If yes, please label the proxinfity of your lands on your map with this application. H. ~ list present use or operations conducted at ~ ~5~ / 14~ k W tJ(IA and proposed use (examples: existing: singlc-family; propo~ne ~vith garage or pool, or other description.) Authoriz'e~S~gnature and Date ~/f/~[O 2/05;1/07 APPLICANT TRANSACTIONAL DI~SCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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 information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: ~'/--0 IA ; }t4' ~,¢l. fl_.~ O..~M~ ~gS:Lff/~r_.~ ~""* &~..~ (Last name, first name, middlc initial, unless you are applying in the name of someone else or other entity, such as a company, if so, indicate the other person or company name.) NATURE OF APPLICATION: (Chcck all that apply.) Tax Grievance Variance ~ Special Exceptmn If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town.,~..~ ,%.~ployee owns more than 5% of the shares. J YES__ __ Complcte the balancc of this form an~t~ate and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP 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 ~pecial use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural district. ~Ill 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. 1) Name ofApplicant: ,~ Ia. ; [~, ~H,'~-- ~x~ b~I/~4.AF~.- ~'"' 2) AddressofApplicant: ~[00 ~g~a ~ ~ I ~O~t~ N~ 3) Name of Land Owner (if o&er than applicant): 4) Address of Land Owner: 5) Description ofProposed Project: ~ ~et~ ,~t~me~ ~, 6) Location of Prope~y (road and tax map number): ~ ( O D ~ ~t ~ ~ ~ ~ ~ 7) Is the parcel within an agricultural district?~No ~ Yes If yes, Agricultural District Number 8) Is this parcel actively farmed?~o ~Yes 9) Name and address of any owner(s) of land within the agricultural district containing active fatal operation(s) located 500 feet of the boundary of the proposed project. (Info~ation 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 Propeffy Tax System. Name and Address - - //. (Please use back side of page if more than six property o~vners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. -~ Signature ~JApplicant Date Note: I. Tile local board will solicit comments h-om the owners of land identified above in order to consider the effect of the proposed action on tbeir farm operation. Solicitation will be nmde by supplying a copy of this statement. 2. Comments returned to the local board will be taken inlo consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. Tbe cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time meavs thc application is not complete and cannot be acted upon by tile board. 1-14-09 STATEMENT OF FACTS IN SUPPORT OF AN APPLICATION FOR AN AREA VARIANCE 3100 INDIAN NECK LANE PECONIC, NEW YORK 11958 COUNTY TAX MAP No. 1000 SECTION 98 BLOCK 1 LOT 2.14 SUBDIVISION EAST HILL PART OF LOT 3, SECTION 1, FILE No. 6044, Filed NOVEMBER 29, 1975 March 2010 APPLICANT: TONI M. FINE AND BARBARA J. COHEN Introduction Statement of Facts This statement is made in support of the Area Variance application submitted to the Southold Town Board of Appeals by Toni M. Fine and Barbara J. Cohen ("Applicants"). This application respectfully requests permission to allow the in-kind replacement of a pre-existing accessory shed building to remain within the (Leslie Road) "front yard" on a property located at 3100 Indian Neck Lane, Peconic, New York 11958. The Applicants purchased the property in December 2008. Based on information provided by those involved with the transaction, the Applicants believed that a replacement of the pre-existing shed did not require a permit if it adhered to the dimensions of the established footprint of the structure. Needless to say, this was poor advice. The subject property is mapped within an R-80 zoning district, and is a non-conforming, irregular-shaped, through lot with frontages on Indian Neck Lane and Leslie Road. The total lot area approximates 0.79 acres, or 34,496 square feet, and has approximately 224 feet of frontage along Indian Neck Lane and about 93 feet of frontage facing Leslie Road, thereby creating two front yards. The subject property is improved with a pre- th existing, two-story, single family residence built in the late 19 century. The property also contains an in-kind replacement of a pre-existing 10' x 16', one stow, accessory shed. Current and past maps and surveys as well as the updated certificate of occupancy dated November 27, 2008 note the presence of the pre-existing shed building in the Leslie Road front yard of the property. (See Appendix A-Property Documentation and Appendix B - Maps and Surveys) The applicants have made every effort to undertake improvements that restore and preserve the historic, architectural character of the individual structures, as well as its landscape and garden features and the overall patterns of spatial organization of the property, The applicants have been guided by the US Secretary of Interior's Standards of Rehabilitation and believe it is their responsibility to shepherd the property into the future and to make it possible for "Leslie House" at 3100 Indian Lane to be recognized as one of the "many beautiful restored 18TM and 19th century houses in Peconic," according to the Town of Southold's summary history of Peconic. In so doing, due to its severe disrepair, the applicants replaced the pre-existing, accessory shed building with a new shed that is the same size, dimensions, and at the same location. The replacement shed represents neither an increase in overall building area, nor lot coverage of the property. The location of this accessory building fronts Leslie Road (i.e. a front yard) and thereby is not permitted pursuant to Article III, 280-15, which requires accessory buildings to be located in the rear yard and to comply with certain height and setback requirements. Apart from its location on the subject site, the 2 accessory shed building complies with the additional requirements detailed in Article III, 280-15. Therefore, the applicants seek a variance to permit the 10' x 16' accessory building to remain in place within the (Leslie Road) front yard of the property at 3100 Indian Neck Lane. Pre-Existing Accessory Shed Building (10' x 16') Replacement of Pre-Existing Accessory Shed Building (10' x 16') Property History ..~,~ ~~~iI The development of the existing buildings · (primary residence and accessory structures) at the subject property appears to have taken place - between 1873 and 1905, although agricultural ~' - ~ buildings may have appeared earlier.(See Appendix B-Maps and Surveys) By 1905, the subject site represented a small part of "Mrs. ~/.,/', '~ ~.,. :/ .~ ,!? Leslie's" property of over 20 acres. It contained //.~: %`/., z,~ the primary residence, the"Leslie House", and ,- ?!"~ severaIRoad, accessory buildings, all fronting Leslie /~'"~;'<'--'~"'%`"'!'"',/'h ~ %. _-..,. "[~ ~ ~..-\ The initial subdivision of the property occurred in ¢%%%-~" --"" "~ ~/ ".,'~" 1975 (See Appendix B). At that time, the subject "'~%% /?*'/,;~;'~, / property contained the adjacent property at 2900 ~ ~ Indian Neck Lane (Lot 2.12), and a portion of 3040 Leslie Road (Lot 2.15). Pursuant to a variance granted in November 1977, the subject site's western edge was moved to exclude the large barn at 3040 Leslie Road. In addition, a new property boundary line was at drawn to the northeast to create the triangle-shaped property at 2900 Indian Neck Lane and permission was granted to convert the existing barn on that property to a single family residence. Based on the historical documentation as well as current evidence, it is clear that the location of the subject site's accessory building fronting Leslie Road is supported by the other long-standing accessory buildings on adjacent properties, and provides an established sight line along Leslie Road (See Appendix C-Photographs). Moreover, the landscape components such as, Leslie Road, the accessory barn buildings, the topography, and the adjacent land uses associated with the Agricultural Conservation and R-80 zoning districts all contribute to defining the neighborhood character and historic significance of this location in particular. Therefore, the (Leslie Road) front yard location of the 10' x 16' accessory shed building on the subject property is appropriate. Unique Site Conditions The subject site is unique in the neighborhood with its relatively small size (at approx. 3/4 acre), its unusual shape, its two front yards (Indian Neck Lane and Leslie Road), and the recognized pre-existing, single family house and accessory shed building. Since the subject property does not have a rear yard, a variance would be required to allow for the presence of any accessory shed on the site, This request for e-variance to allow the 10' x 16' accessory shed to remain in place'~is based on the folloWing: i 4 First, the pre-existing, 19th century, single family house on site provides virtually no storage space. The structure lacks an accessible attic. Almost 3~ of the foundation is represented by a Iow-rise crawl space, with the remaining area defined by a partial basement that contains a 275 gallon oil tank, furnace, hot water heater, electrical panel, and well water pump and holding tank. There is no garage on site. The replacement of the pre-existing 10' x 16' shed provides the badly needed storage area in a location that is accessible, year-round. Second, the pre-existing shed building was severely damaged and could not be used. The unstable, timber framing, metal roof, and dirt floor rendered it obsolete and clearly not a candidate for repairs and maintenance. The condition is characterized in the November 2008 Certificate of Occupancy which refers to the structure as "remains of a shed." The only cost-effective, rational approach was to provide a replacement of the pre-existing shed. The applicants took great care in identifying an appropriate replica. The new building was selected as it contains exact features of the pre-existing shed and/or reflects design elements associated with historic barns. For example, it is a one stow, wood framed, gabled roof structure with large swing out doors centrally located at the southern end. The transom light over the door also reflects historic barn design, as it allows light in without opening the doors. The 6 light windows are reminiscent of cow and horse stables of the 19th century, as farmers recognized the health benefits for their herd. The pine board, tongue-in-groove siding and the large black strap hinges continues to be used for accessory buildings. (See Appendix D-Accessory Shed) Thirdly, the properly has many topographical features that are inherent to the site's integrity and visual beauty. Beyond the location of the principal structure (pre-existing th 19 century house) which is oriented to the south, the landscaping is a combination of garden, wooded area, private driveway and patio. The prior property owner, Judy Plant (a professional, well recognized local gardener), established a garden and numerous flower beds that occupy much of the southern portion of the property (See Planting Plan in Appendix B). The wooded area is situated to the southwest portion of the site and extends along the borders of the property, and the driveway that connects Indian Neck Lane to Leslie Road provides access for this through-lot. The accessory shed building itself is surrounded by very tall, old, picturesque locust trees that have a distance from the shed building ranging from 2 feet to 9 feet. The private driveway itself that fronts the south fa(;ade of the shed is only about 13 feet wide and is lined with many trees. It is the applicants' intention to enhance all of the natural elements, and create a connection between these distinct areas of the property. Therefore, any effort to re- establish the shed would result in the destruction of trees, intrusion into the wooded area, and other established and proposed natural features on site. No benefits would be gained, only a reduction in the visual beauty of the property. ~, Conclusions I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. If variance is granted, there would be no negative effect or impact on altering of the neighborhood character and would not impair appropriate use or development of adjacent properties. More specifically, the history of uses of the area and at the premises demonstrate that the proposed variance (an accessory shed building) will not alter the essential character of the neighborhood, but in fact, will be in keeping with the existing character of the area, reflecting the goals of R-80 and adjacent AC zoning districts, and recognizing the history of uses at the premises. Furthermore, the size and design of the new shed building was carefully chosen to replicate the severely damaged, pre-existing 19th century shed building by utilizing architectural elements that reflect historic barn structures. The new shed is an improvement to the property that not only benefits the applicants with badly needed storage space, but also benefits the owners of adjacent properties, while also contributing to the attractiveness of the neighborhood overall. 2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. The requested variance is the only reasonable, cost effective option to provide the minimum benefit sought by the applicants without creating practical difficulties and unnecessary hardships. The exact replacement of the pre-existing shed at the same location provides the needed storage space that is accessible year round, and is in keeping with the history of use of the property and the surrounding neighborhood character. Any proposed alternative would: (1) go against the rural landscape's integrity and historic significance of the site, (2) damage existing trees and other natural features, (3) compromise the garden created by local horticulturist Judy Plant and the applicants' plans to enhance the natural beauty of the subject property, and (4) create significant financial and unnecessary hardships for the applicants. 3. Whether the requested area variance is substantial The requested variance is not substantial, as it represents the in-kind replacement of a pre-existing 10' x 16' shed that was located on the subject site. Therefore, there is no change in the site's lot coverage or total building area. 6 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. Whether the alleged difficulty was self-created, which consideration shaft be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of an area variance. The pre-existing shed building was severely damaged and could not be used. The unstable, timber framing, metal roof, and the dirt floor rendered it obsolete and clearly not a candidate for repairs and maintenance. The only cost-effective, rational approach was to provide a replacement of the same size and design. Therefore, the practical difficulty caused by the very poor condition of the pre-existing shed building is not indicative of a self-induced hardship. Appendix A - Property Documentation 11/18/2888 14:04 PAGE FORM NO. 4 TOWN OF SOUTHOLD EUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Mo: Z-26005 Date: 10/05/98 THIS CERTIFIES that the building ALTERATION Location of Property: 3100 INDIAN NECK LANE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 98 Block 1 Lot 2.14 Subdivision Filed Map No. __ Lot No. -- conforms substantially to the Applzcation for Building Permit heretofore filed in thim offzce dated JAlqU~RY 12f 19B7 pursuant to which Building Perrait No. 17912-Z dated MARCH 13, 1989 was Lssued, and conforms to all of the requirements of the applicable provisions of the law. The OCCupancy for which thls certiflc&te is zssued Ks ALTERATION & P~NOVATION TO EXISTING ONE FANCILY DWELLING AS APPLIED FOR. The certificate is issued to JUDITH LYNN RAIqDLETT of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF ~LEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. PENDING PLUMBERS CERTIFICATION DATED N/A 10/02/98 -- //u/ding I'nDpector Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plar~ Planning Board approval Check Septic Form Trustees Flood Permit Storm-Water Assessment Form Approved 20 / [' Phone: ~ ~. -- ~ .. -- _ - ~~ Building Inspector ~ ~ ~ ~[ ~ ~ 2010 [~ APPLICATION FOR BUILDING PE~IT ~~' 1" [B ~/ INSTRUCTIONSin i~ ~d sub~aed~ ~e Building --4 ~mpletely filled m by ~pe~ter or to Inspector wi~ ~~~ate plot plm~ to scfle. Fee acmrd~g to schedule. b. Plot pl~ show~g location of lot ~d of build~gs on pre~ses, relationship to adjoin~g premises or public streets or c. The work covered by this application may not be co~enced before issu~ce ofBufld~g Pe~t. d. Upon approv~ of~is application, ~e Build~g ~spector MIl issue a Building Pe~it to ~e ~plic~t Such a pemfit shill ~ kept on ~e promises available for ~spection ~ou~out ~e work. ' e. No build~g shill be occupied or used in whole or ~ p~ for ~y p~ose what so ever until the Building Inspector issues a Ce~ificate of Occup~cy. f Eve~ building pe~it shall expire if~e work au~ofized h~ not comenced M~ 12 monks after ~e date of issu~ce or h~ not been completed wi~in 18 months ~om such date. If no zon~g men~en~ or o~er regulations affecting ~e prope~y have been enacted in ~e interim, ~e Building Inspector may authorize, in ~it~g, ~e extemion of~e pe~t for m addition s~ mon~, Thereafter, a new pe~it shill be required. ~PLICATION IS ~BY ~E to the Bulldog Dep~ment for the issu~ce ora Building Pe~it pursuant to the Building Zone Ordm~ce of ~e To~ of Southold, Suffolk Co~ty, New York, ~d other applicable Laws, Ordm~ces or Regulafiom, for the conduction of buildings, additions, or flterations or for removfl or demolition ~ here~ described. The applic~t agees to comply with ~1 applicable laws, ordin~ces, bulldog code, housing code, ~d regulations, ~d to a~it au~orized inspectors on premses ~d h~ building for necess~ inspections. ~. ff~..~ ~ ~ ~a. ~Si~amre of applic~t or ~e, ifa co~oration) (Mailing add'ss of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofowaerofpremises" I (J~ ~ ~ ~tl~.- a~ (As on the tax roll or latest deed) If applicant is a corporation~, signature of dully authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Tradds License No. 1. Location of land on whi~osed v~ork will be dln~ ~ ~e' House Number Street Hamlet I County Tax Map No. 1000 Section ~ ?e~% v,,on J-- t~e~/{ BFI ~l;kd a~ Lot ~'[~ Subdi 's' ~], , .' ~' ' M o.~ Lot ~ .~ State existing use and occupancy of premises and intended use and occppanc~ of proposed construction: a. Existing use and occupancy ~LC..~ e<~ t~'-7 ~' ~t_~P.. b. Intended use and occupancy t~.~ 6¥- .~t~ d 3, Nature of work (check which applicable): ~ Repair Removal Demolition 4. Estimated Cost '~/ 2.~ 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 //(~ Rear _Depth Height. Number of Stories /,6 Dimensions of same structure with alterations or additions: Front Rear Depth .Height. Number of Stories 8, Dimensions of entire new construction: Front [O Rear _Depth Height Number of Stories 10. DateofPurchase tz-aq,-b2' Same ofFormer Owner ~ ~[~t4~/ 11. Zone or use district in which premises are situated ~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES /~NO "~ Will excess fill be removed from premises? YES O~_~9 ~ 14. Namesof0wner ofpremises~,~t4//~ ~dl~ess {)0~0X. ~[ ~P~hon~e~o.C~/~ ~tr2~l~ Name of Architect ! Address -Phone No ~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~__._~) * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 3 00 feet of a tidal wetland? * YES NO * IF YES, D.E.C. pER/vlITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to properly lines. I7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES ~F~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY O~)kx~ ~ ~~l~ ~,~"-' &~ being duly swom, deposes ~d says that (s)heistheapplic~t ~e ofindividu~ sign~g contract) above rimed, tS)He is the 0 (Contractor, Agent, Co.orate Officer, etc.) of said omer or omers, ~d is duly authorized to perfo~ or have perfo~ed ~e said work ~d to m~e · at ~ls a emens con tuned m ~is application ~e ~e o ~e best of his ~owledge ~d behef; ~d ~at perfo~ed in the m~er set for~ m the application filed therewifl~ ~O. 01~ MY ~MMI$$10N EXPIRES 0~2~201 Sworn to before me this ~otary Public -- Signature o f Applidgn.~) Appendix B - Maps and Surveys 19O5 3100 Indian Neck Lane was part of "Mrs Leslie" Property of over 20 acres. Accessory Barn Struck;res Fronting Leslie Road L97 / 1973 Subdivision Map 3100 Indian Neck Lane - Subject Site Prior to 1977 Variance, Subject Site included part of Lot 4 Barn building and the entire property now known as 2900 Indian Neck Lane (ie., triangular site at Leslie Road and Indian Neck Lane intersection) F 1979 PROPERTY SURVEY .3¸ PECONIC 3100 Indian Neck Lane - Subject Site Existing Garden, Flower Beds, Wooded Area P:\RT OF LOT 3 EAST HILL PECON1C TOWN OF SOUTHOLD Nathan Taft Corwin III Land Surveyor Appendix C - Property Photographs 3100 Indian Neck Lane - Subject Site Primary Residence and Accessory Shed 3100 Indian Neck Lane - Subject Site In Kind Replacement of Pre-Existing Accessory Shed 3040 Leslie Road (Lot 2.15), Adjacent Property with Accessory Barn Leslie Road 3100 Indian Neck Lane-Subject Site Leslie Road Frontage 3100 Indian Neck Lane- Subject Site Wood Area and Garden - Southern Part of the Property Intersection of Indian Neck Lane and Leslie Road View West along Leslie Road 2900 Indian Neck Lane (Lot 2.12) - Converted Barn,to Single Family House pursuant to November 1977 Variance Appendix D - Accessory Shed newenglandbam, eom/access ories.php New England Barn Architectural Elements l/23/2010 The Classic Colonial Pre-Cut Shed Kit benefits Our famous trademark gable keystone. High peak for visual beauty and better inside wall height. Classic transom window. Tongue-in-groove double doors. All walls tongue-in-groove siding. Heavy duty door hardware· 2 barn sash windows with trim and removable screens· Notched wall support assembly for high strength. Pressure treated lumber floor joists, 2 x 6s and '~6 on center holds heavy loads. Tongue-in-grove Siding wall for beauty and strength. Our barns and sheds are carefully propodioned to the classic New England barn look Call us to order: 203.405.1555 Eastern Standard Time Ridge Vent Vented Soffits Three quarter inch -" :~ tongue-in-groove fir '"~ plywood provides added strength. Reinforced, extra generous gussets add stability to Easily removable wood sash windows with screehs and trim. Our Classic Colonial yard shed will liberate your garage and add value to your · property. The kit is pre-cut saving you time and labor. COLONIAL C~DAR [~ARN 4~ ! B~r'~ BA~s IIIIIIIIII Section BETTER BARNS OWNER SEAS. IMP. iVL- TOTAL qlloble 1 'i~l~ble 2 'illable 3 ?oodlond wampl~nd ,rushlond [touse Plot J OF SOUTHOLD STREET N PROPERTY MILLAGE E W FA RM COMM CB MISC DIST, / ,~ ~~ ... TYP~OF BUILDING ~kt. Valua DATE REMARKS Value Per Acre Jue RONTAGE ON WATER .__ FRONTAGE ON ROAD DEPTH ~ULKHEAD COLOR TRIM 'X I IF°undati°n ~ ~1 C if Bath / , Dinette I Interior Finish ~xtension , Fire Place /~/0 , Heat 6 ~' Type Roof Rogms tst Floor ] Rooms"2nd FI~ FI'N. B. ~ iRecreation Room iDormer ~reezewoy ~Dr[vewoy Sarage ~otio D.B. 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 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 1, 2010 Zoning Appeal No. 6376 Transmitted herewith is Zoning Appeals No. 6376 of Barbara Cohen & Toni Fine - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Agricultural Data Statement, Notice of Disapproval from Building Department Dated January 25, 2010, 7 Pages of Statement of Facts to Support Application, Appendix A, Tax Map Showing Property, Certificate of Occupancy No. Z-33394 Dated November 17, 2008, Housing Code Inspection Report Dated November 7, 2008, Certificate of Occupancy No. A-26005 Dated October 5, 1998, Appendix B, Sub-Plan of 3100 Indian Neck Lane Dated 1905, Subdivision Map of 3100 Indian Neck Lane Dated 1973, Copy of Survey Showing Existing Construction Dated February 26, 1979 Prepared by Roderick Van Tuyl, P.C., Survey of Property Showing Existing Construction & Gardens, Copy of Survey Showing Existing Construction Dated October 20, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, Appendix C, 3 Pages of Photos, Appendix D, 2 Pages of Photos Describing Construction of Shed, 2 Pages of Plans Showing Elevations & Foundation & Floor Layout, 2 Pages of Property Record Card, Survey of Property Showing Existing Construction Dated October 20, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor Large Copy. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 02/26/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 73046 Reference Subtotal 6376 $150.00 Check Total Paid: $150.00 Name: Cohen, Barbara 150 East 18th Street Apt 14h NewYork, NY 10003 Clerk ID: CAROLH Internal ID: 6376 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 20, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 20, 2010: 10:30 AM TONI M. FINE and BARBARA J. COHEN #6376. Request for Variance from Code Section 280-t5, based on an application for building permit for "as built" accessory shed, and the Building Inspector's January 25, 2010 Notice of Disapproval concerning "as built" 10X16 accessory shed, location of accessory shed in the front yard rather than code required rear yard; at 3109 Indian Neck Lane and Leslie's Road, Peconic, NY. SCTM#1000-98-1-2.14. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~.Town. Southold.ny.us. Dated: April 26, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box t179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: COHEN, BARBARA # 6376 MAP #: 1 000-98-1-2.14 VARIANCE: ACCESSORY SHED LOCATION REQUEST: AS BUILT SHED DATE: THURS, MAY 20, 2010 10:30 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal busIness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS 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: hrtp://southtown.northfork.net April 19, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 20, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 3rd: 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 alJ owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 10th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 12st: 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 t8, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. \~'" 9742 STATE OF NE'VV YQRK) ) SS: COUNTY OF SUFFOLK) Kamn Kine · of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly Published in said Newspaper once each week for 1__ week(s), successively, commencing on the 6~ day of Ma,/, 2010, Principal Clerk Sworn to before me this fic~ ofDisapproval ~miccmi~ propped (Adjmm~l ~m D21110) ]~qu~u for ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- qg - I - 2..Iq AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the~day of _~4~.~ ~-~/'O , I personally mailed at the United States Post Office in_ P,J~ l~t.,~/r_ _, New York, by CERTIFIED MAIL, RETURN RECEIWT REQUESTED, a tree cop5, of the atlached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the~ssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv~,t~ street, or vehicular right-of-way &record, surrounding the applicant's properly. , Sworn to before me this day of ~V!,~.} ,20~O t- - (N~)ta~ Public) - ' DOROTHY WEED NOTARY PUBLIC. STATE OF NEW YORK QUALIFIED IN QUEENS COUNTY NO. 01 WE62.03025 MY COMMISSION EXPIRES 03-23-2013 PLEASE list, on the back of tiffs Affidavit or on a sheet of paper the lot numbers next to the o wnermames ~and~addresses -fm-whichmol~g=w-e=r-e=fiy~ ~lCTh~c~0-u: m 0051 05/03/2010 t0.44 $2.80 $2.3O $0.(X) Total Postage & Fees ~ 05/03/2010 Postage $ $0./'~ 0051 Cettlfied Fee $2.80 ~ Return Receipt Fee r'~ (Endorsement Required) Restricted Delivery Fee (Endorsement Required) eeO.00 Total PoStage & Fees $ $5.54 05/03/2010 Street Ap , ......................... ...... ~"""":~:: ............ ~"'2_~+ ¢,t ~,~ ~: zo ~r~:~:~;zr'"'":Z~'"",Z':'"=:'"~",;F'/';'~j~'-~" ~~ l A L U S E m ILl Postage Certified Fee Return Receipt Fee (Endorsement Required) Total Peetage & Fees $ $0.~4 0051 $2.80 25 Postmark $~.~0 Here m m Postage ~o~1 (X)51 Cerafieq Fee ~ (E ~dorsement Required) $2.~0 Hero ~ (Endorsement Requlreq) ru 1~3 Total Postage & Fees =orPOBox r- .............. _. ,,_.,,.....<=...:_.:...,.. ............... m $2.80 $2.30 $ $5.54 0051 05/03/2010 $2.80 25 $2.~0 Here $ $5.54 05/03/2010 Mailing List 98-1-2.:12 (2900 Indian Neck Lane) Robert and Laura Giliberti 1679 Oak Street Baldwin, New York 11510 98-1-2.3 (3380 Indian Neck lane) Carl Argila 34 East Main Street - Unit 200 Smithtown NY 11787 98-1<1.3 (3375 Indian Neck lane) Philip and Patricia Marco 37 Riverside Drive New York NY :10023 86-5<14.2 (2885 Indian Neck Lane) Peter Stoutenburgh 2885 Indian Neck Lane LLC PO Box :197 Peconic NY :1:1958 85-3-:11.2 (39390 route 25) J. Petrocelli Raphael Vineyards Inc PO Box :17 Peconic NY :1:1958 98-:1.2.15 (3040 Leslie Road) Ms. Susan Praus 186 Edgewood Avenue Ronkonkoma, NY 1:1779 86-4-8 (3435 Leslie Road) Thomas and Felicia Geiger 3435 Leslie Road Peconic NY 11958 IMPORTANT: Save this receipt and p, resent It when makln§ an Inquiry. · Complete items 1, 2, and 3. ,~ =omplete item 4 if Restricted 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. 1. Article Addressed to: 2. A~ticle Number (Transfer from service/abe0 PS Form 3811, February 2004 [] Agent [] Addressee Pdnted Name) D. Is delh,~y address different from Item 17~es if YES, enter delivery address below: -[~No 3. Se~ce Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 700= 0620 D001 623[= 3P'I,D Domestic Return Receipt 102595-0~-M-1540 i · 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. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arllcle Addressed to: (Transfer from s~/Ice label) PS Form 3811, February 2004 [] Agent Printed Name~ Is delivery address different l I? [] Yes If YES, enter delivery addres~ below: r-i No 7009 0820 0001 8236 3197 Domestic Return Rsceipt · 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. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. !.¢~icle Addressed to: PS Form3811, February2004 > [] Ag~lt [] Addressee D~te of Doliv D. I* daiivery addm~ dilfemnt from Rem 1 ? [] Yes If Y£$, enter deliveo/addre~ below: [] No 3. Service Type [] CedJfled Mail [] Expmes Mall I [] Registered [] Return Receipt for Memhandise I [] Insured Mail i-'l C.O.D. J 4. Restricted Delivery? (Ex~a Fee) r-i Yes. 7009 0820 0001 8236 3203 Domestic Return Receipt · Complete items 1, 2, 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. · Attach this card to the back of the rnailpiece, or on the front if space permits. [] Agent [] Addressee C. Date of Delivery addressdiffere~t flom item 17 [] Yes If YES, enter delivery address betow: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return R~ceipt for Merchandise [] Insured Mail [] C.O.D. '7 4. Restricted Delivery? (Extra F6e) [] Yes 7009 08~20 0001 8236 3234 PS Form 3811, February 2004 Domestic Ratum R~e~pt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. {'rra PS Fc C. Date o Delivery [] Certified Mail [] Express Mail · Complete items 1,2, and 3. Also complete itom 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 mallpiece, or on the front if space permits. [] Ag~n~ D. Is daiivery address different from item 1' If YES, enter delivery address below: [] No [] Certified Mail [] ~ Mail 2. A~icle Number ffrensfer ~m sen~ce/abe/) 7009 0820 0001 8236 3180 PS Form 3811, Februa~'y 2004 Domestic Return Receipt 102S,9,~O2-M-1540 USPS - Track & Confirm Page 1 of 1 ~ UNITED ST~TES POSTAL SERVICE* Home I ~ I !~lqn In Track & Confirm Track & Confirm FA(~s Search Results Label/Receipt Number: 7009 0820 0001 8236 3173 Class: Flint-Class Mail® Service(s): Certified MallTM Return Receipt Status: Notice Left Track & Confirm Enter Label/Receipt Number. We attempted to deliver your item at 7:18 AM on May 27, 2010 in PECONIC, NY 11958 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www usps.com/redeliveq,, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: ,, Notice Left, May 27, 2010, 7:18 am, PECONIC, NY 11958 · Unclaimed, May 24, 2010, '11:08 am, RONKONKOMA, NY * Nottce Left, May 09, 2010, '12:05 pm, RONKONKOMA, NY 1'1779 ,, Acceptance, May 03, 2010, 1:17 pm, NEW YORK, NY 10011 Notilicalion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by emaiL Ge.. Copyri§ht~ 20t0 USPS. Ail Rights Reserved. NO FEAR Act EEO Data FOIA O ~ http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/IntcrLabellnquiry.do 5/27/2010 7009 0820 0001 8236 3173 Ms. Susan Praus 186 Edgewo PAID NEW YORK,NY ~AY 03. lO 000~167- Ronkonkom USPS - Track & Confirm Page ! of 1 ~ UNI TED S TI~TES POSTAL SERVICE Siqn In Track & Confirm .t&g Search Results Label/Receipt Number: ~009 0820 0001 8236 3173 Class: First-Class Mail® Service(s): Certified Mail'" Return Receipt Status: Notice Left We attempted to deliver your item at 12:05 PM on May 5, 2010 in RONKONKQMA, NY 11779 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: ~.~ · Notice Left, May 05, 2010, 12:05 pm, RONKONKOMA, NY 11779 · Acceptance, May 03, 2010, 1:17 pm, NEW YORK, NY 10011 Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Track & Confirm FAQs Enter Label/Receipt Number. RECEZVED 9 http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 5/11/2010 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MAY 6 2010 BOARD OF APPEAI. (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as lOGO- cig . i - COUNTY OF SUFFOLK) STATE OF NEW YORK) C4~ I~/q t I q_k"~_ _, New Y~,rk, being duly sworn, dep~ose and say that: -- O.n..th..e~. od,ay o.f~,2,g//0~, I personally placed the Toum's official Poster, wire me Gate or neanng and nkture of my application noted thereon, securely upon my property, located ten (I0) feet or closer from the street o[ r/ght-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 io ,) ~-. c ....... / ~ -,,,~ ,ut ~ven Gays prior to tP~at date of the subject heanng date, wlfich hearing date was sboxm~ to be Sworn to before me fl~is t4. day of~'i/~.,/ ,20~O NOT/~tY PUBLIC, STATE OF NEW YOP, K O0^LI~m IN OU£EN$ C, OUNI't NO. O1 -- MY COMMI,~ION EXPII:IES __ *near tile entraace or dm'eway entrance of my prol~e~ly' ms the m:ea most visible to passersby: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 1, 2010 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 # 6376 Owner/Applicant: COHEN, Barbara Action Requested: Within 500 feet of: As built accessory shed in front yard. ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisma~ ZBA ~l~rp,~er~. By: ( ~Vbh/V-x 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 June 11,2010 Toni M. Fine and Barbara J. Cohen P.O. Box 391 Peconic, NY 11958 Re: ZBA # 6376 Dear Ms. Fine and Cohen: Transmitted for your records is a copy of the Board's June 10, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere~z,~ Vicki Toth Encl.