HomeMy WebLinkAbout5854
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
VIA CERTIFIED
April 15, 2010
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
http://southoldtown.no~
rx-
BOARD OF APl mm
TOWN OF SOU'] ~
Tel. (631) 765-1809 Fax ~ ~
RE: Pending ZBA File#5854, Massa
Dear Ms. Moore:
Your application has been dormant since March 2006. 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
ru ILl
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' FORM NO. 3
TO~N OF SOUTHOLD
BUILDING DBPAKTMENT
$OUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: February 1.2.006
TO:
Patricia Moore MC Maurecn Mass,a
51020 Main Road
Sou~old, NY 11971
Please take notice that your application dated
For a permit for a subdivision at
location of property g205 Wesmhalia Avenue. Matfituck
county Tax Map No. 1000 - Section 11.~3 . Block23 Lot 2__~2
Is return~t herewith and disapproved on the following grounds:
~Ihe vronoseat let line chan~,e, is not permitt~l .mtrsuant to Article IH. Section 100-32. whioh stat{~;
"No buildine or Premises shall bc used and no buildi..o_ or hart thereof shall be erected vi
1~~-. R-120. R-200 and R-400 Districts unless the same conforms to L~-;
reomr~ments of the Bulk Schedule and of the p~trkq,a~ Schedule. with the same force and cffe~;I,
~ifsuch m~ulations were set forth herein full." -
The minimum Jot size reauired in the ]~irl~nti~l R-80 District. aecordin~ to thc bulk s~hexiulc,
80,000 sau~e feet. Following, thc vronosed'lot lille chant, e. lot #1 will measure 62.632 sauare feet i,,
tota~ size-and ~2:308 .tinware feet in total ~ ba~d on upland calculations.
...~.-'~.uthoriz
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
PRELIi'dlNAR¥ c'~.)BOlV'ISION OF PROPEt:2-..T"K
1'4AUt~E~N PIAZZA
~I'I1)ATE, MATTITtY~K
TOHN OF ~2UTHO~
5UI=t=OLK (X21)NT'¢, N1¢
HAPPED IO-O~-200~
P, IETLANI~ At;~.EA COMPS. 1-26-2006
SUFFOLK OOUNI'r' TAX :it.
IOOO - 1153 - 153 - 22
C. EP. TIFIED TO:
,os 07~°*~e< %
GRAPHIC, SCALE I"= ,SO'
NOTES:
· 1'4ONUiVIENT FOUN~'
JOI-EN C. EHLER$ LAND SURYE¥OR
O PIPE FOUND 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
Ate. EA = 4.-/53 AG~.E~ (2.-/2 UPLAND) ~,N.Y. 11901
..... 369~-8288~Fax 369-82~8]_ ..... KEF: \\C~ompaqserver\pros\90S\99~- I0~
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Office Notes:
__ Filed By:
Office
Parcel Location: House No,3,~0S Street Wds~0)lo-/'ta' ~ Hamlet
SCTM 100O Section//~ Block i~ Lot(s) ~ Lot Size Zoue District
I (~) APPEAL THE ~TTEN DETE~fI~%~)OF TtlE BUILDING INSPECTOR
Applicant/Owner(s): ,4,4~. Ur".~Z.-'/g /14~...(.~ c~l
Mailing
Address:
/'k,.../ //¢5'-7__.
Telephone: ~ ~/~ - t-/~'d, - 0~3/
Authorized Representative: /t~ ~t.'L~t:; ~i ~'"~ //PT 0 0 ~C.
Address: <~,/0,?_0 /'}9a.4 Rood, Jog-4cl-to{o/ ,p.x/ //ql/
Please specify who you wish correspondence tO be mailed to, from the above listed names:
[] Applicant/Owner(s) ~ Anthorized Representative [] Other:
WttEREB¥ 5'HE BUILDING INSPECTOR DENIED AN APPLICATION DATED //~/R&
FOR:
[] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Ocenpancy
[] Change of Use
U Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by mtmbers. Do not quote the code.
Article /// Section 100~...?,~ Subsection
Type of Appeal. An Appeal is made for:
~ A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal ID hasJl{has not been made with respect to this propert3, UNDER Appeal
No. Year
Reason for Appeal Continued
Zoning Board of Appeals
re: Maureen Massa
Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze
and assess the personal benefits anticipated by the applicant against the potentially deleterious
effects that a grant of the relief requested would have on the health, safety and welfare of the
effected neighborhood or community. In performing this balancing test, the Zoning Board is
charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-
3(b). The variance should be granted for the following reasons:
1. No undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties, if the variance is granted. The property is over four (4) acres in size with one
small house along Westphalia Road. The parcels can be subdivided into 2 two acre parcels however
the area calculations of each lot is reduced by the wetlands. Due to the deduction of wetlands the
lot size is less than 2 acres. The surrounding parcels are similarly constrained with wetlands. The
lots which abut on the south-west side of the subject property in the Bennett's Pond subdivision are
only ½ acre in size. The upland portion of the proposed parcel (lot 1) is suitable for development
in that there is 100' x 209' of upland area. The wetlands are fed by road runoff from Westphalia
Road which travels from a Town owned drainage pipe onto Ms. Massa's property and results in
growth of Phragmites.
2. The benefit sought by the applicant can not be achieved by some method, feasible for the
applicant to pursue, other than an area variance.
The lot is more than four acres in size and larger than most of the lots in the surrounding area. The
land can be easily subdivided and the owner wishes to build on Lot 1 a new home.
The property owner can not subdivide the land without an area variance because of the deduction
of the wetlands which are fed by Town drainage runoff. A very small portion of the property is
affected by the natural creek. If the creek and ditch which runs through the property were the
limiting factor the proposed subdivision lots would be conforming.
3. The area variance is not substantial The application of the balancing test weighs in favor of
the grant of the variance. The parcels are in fact over two acres in size, the drainage has enlarged
the Phragmites (wetlands). These wetlands filter the impurities from the road and the owner merely
wishes to use her property rather than provide a drainage system for the Town on her private
property.
4. The variance will have no adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The house on lot 1 can be located at a minimum of 50
feet from the Phragmites, possibly more, depending on the house design. The access is on the north
and away from wetlands. There is no change to the existing house on Lot 2.
The owner would accept a condition that the drainage will not be changed.
5. The alleged difficulty was not self-created.
The Town drainage pipe has caused the difficulty. Without the road runoffthere would be
minimal wetlands on the property and the proposed lots would be conforming.
6. The variance requested is the minimum variance practicable given the personal benefits
anticipated by the applicant.
We respectfully request that the appeal be granted, together with any further relief that is deemed
necessary and reasonable.
State of New York )
)ss
County of Suffolk )
Sworn to this ~/day 0 ~ frE ~.~'~-
N~tary "' '
Pubhc
,~l C RuTKOWSKI
MARG~A ,P.,,:,. Siate o~ New York
oommisSion
,7¸
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s):.
I. If building is existing and alterations/additions/renovations are proposed:
A. Please give the dimensions ahd ov6rall square footage o£extensions beyond existing building:
Dimensions/size:
Square footage:
B. Please give the dimensions and square footage of new proposed foundation a[eas which do not
extend beyond the existing building:
Dimensions/size: /,.//-4
Square footage:.
If land is vacant:
Please give dimensions and overall square footage of new construction:_
Dimension/size: /-oq ¢ ,,4y-ca d~,~6, ~ (0/~/~,a~. /,q,.~ ~
Height:Squaref°°tage: ~,.~-/ 09,. ,,4r'~ d.~37 ~ .t/c.~/,n..~] ~ /,Zl ~'_ - ~t~'
III. Purpose and use of new construction requested in this application:
W. Ad&tional info~ation about ~e sunounding conto~s or nearby buildings that relate to the difficulty
in meeting the code requkement(s):
I / 7 '
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
7/02
Please note: Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Dizapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-]809) if you are not sure. Thankyou.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attachedl)
B. Is the subject premises listed on the real estate market for
sale' or being shown to prospective buyers? { } Yes
(~ } No.
C. Are there ~nx p~uposal~ ~_D uh~nge zrr ~lter lmud conto~?
{ } Yes {~] No
De
1. Are there any areas which contain Wetland grasses?
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the property bulkheaded between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of Jurisdiction? ~/M
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~V (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fenc~_s
which ~t ~nd are not ~hown un the survey map that you ara
submitting? A/~ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? /V~ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? n/~ If yes, please explain where or submit copies
of deeds.
Please lis% present use or operations conducted at this
and
Authorized Signature and Date
3/87, 10/901k
Maureen Comenzo Massa
3205 Westphalia Road
Mattituck NY 11952
December 5, 2005
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Dear Ms. Moore:
I, Maureen Comenzo Massa, of 3205 Westphalia Road, Mattituck, New York, hereby
authorize you to make any and all applications to the Suffolk County Health Department, Town
of Southold Zoning Board, Town of Southold, Southold Town Trustees, DEC and any other
necessary agencies on behalf of me regarding my property located at Westphalia Road,
Mattituck, New York
Very~ly yours,
Mat(rien ~
617.21
Appendix C
Stale Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION {To be completed by Applicant or Prelect sponsor)
$. APPMOANT/~PONSOR J 2, PROJECT NAME
...,,,o,,,~. /,w's a~d /¢-¢¢. co..,, k-.--
$. IS PROPOSED ACTIOH:
$. O£SCRIB£ PROJECT BRIEFLY:
If Ihe action is in the Coastal Area, and you are a stale ,;goncy, complele Ine J
. Coasia! Assessmepl Form before proceeding wllh this assessmenl . .
OVER
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
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.
YOUR NAME: /~ c~./~/./~..~J/~ /~/'") ~'~'~ ::t
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply,)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If "Other",
name the activity:
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes 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 officer or employee oxvns more than 5% of the
shams.
YES NO )~
If 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) 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
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
February 13, 2006
Southold Town Zoning Board of Appeals
Ruth 01iva, Chairwoman
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re:
Maureen Massa Variance
Subdivision of property
1000-113-13-22
Margaret Rutkowski
Betsy Perkins
Secretary
Dear Chairwoman and Board members:
1
2
3
4.
5.
6.
7.
Enclosed please find 7 packets
Notice of disapproval
Subdivision Map with calculation of area of the
and wetlands)
Project description
Variance Application with questionnaire
Transactional disclosure form
Short EAF
Suffolk County Tax Map for your convenience
of the following documents:
lots (upland
me.
If you need anything
else please do not hesitate to contact
ricia C. Moore
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
February 15, 2006
Zoning Appeal No. 5854
Transmitted herewith is Zoning Appeals No. 5854 of Maureen Massa- the Application to the
Southold Town Board of Appeals. Also enclosed is a letter from the applicant giving
authorization to Patricia C. Moore, Esq. to file on her behalf, a Project Description, the
Questionnaire For Filing With Your Z.B.A. Application, a Short Environmemal Assessment
Form, an Applicant Transactional Disclosure Form, a Notice of Disapproval, and a Subdivision
Map with calculation of area of the lots.
Town Of Southold
P, O Box 1179
Southold, NY 11971
Date: 02/15/06
* * * RECEIPT * * *
Receipt#: 1083
Transaction(s):
1 1
Application Fees
Reference Subtotal
5854 $400.00
Check#: 1083
Total Paid: $400.00
Name:
ClerklD:
Massa, Maureen
Po Box 1046
3205 Westphalia Rd
Mattituck, NY 11952
MICHELLE
Internal ID: 5854
ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for P. rocessing)
DATE: 02/14/06
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
EecEIVED
5854 MASSA, MAUREEN 1083 $400.00
(Patricia C. Moore, Esq.) FEB
$oufhold Tow~ C~er~
Total $400.00
(631) 765-1809 (ext. 5012, 5011)
OFFICE OF
ZONING BOARD OF APPEALS
Mailing Address: 53095 Main Road, P.O. Box 1179
Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue
Southold, NY 11971-0959
Emails: Linda. Kowalski~,Town.Southold.n¥.us
Jayne. Martin~Town. Southold.n¥.u s
http://southoldtown.northfork.net
fax (631) 765-9064
DATE: J~/~/~
TO:
REPLY FORM
ZBA File #~ - "~/,~,~.~ 0~, Yn,~.~,
Date of Bui d ng nspector Nr~)tlce of Disapproval:
('1~ The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the
following by mail or by hand delivery. Thank you.
) The map submitted does not match the information on the Building Inspector's Notice of
Disapproval. Please submit the amendments dated directly to
the Building Department for review. If an amended Notice of Disapproval is
issued, please furnish seven (7) copies with a cover letter confirming that the amended relief
that is being added or revised in your request for variance(s). Thank you.
Missing information~ /O.~_a..sz4 ~ ~.~,'~ )
(~) Filing fee is $~l), ; Amount due (please mail): c~.~), ~ Amount paid was: (~0, '~.
( ) Available survey showing existing property/building details, with licensed surveyor information.
( ) Architectural map or updated survey showing dimensions of existing and proposed new
construction areas, setbacks to property lines, and building lot coverage calculations.
( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top
of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of
construction.
~)-- Letter confirming status and date of review by other involved agencies for presubmission
comments, or copy of up-to-date agency action.
( ) Updated single-and-separate search dated back to April 23, 1957 {Zoning Section 100-23D-4), and
copies of deeds dating back to creation of original lot lines for the property in the unmerger request.
ank you.
¢,TTtTUd<
NOTICE ~ COUNTY OF SUFFOLK Q SOUTHOLD I SECTION NO
................................ ~¢'~¢.]t~%Reol Property lox Service Agency '~ 1%