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HomeMy WebLinkAbout6267~r Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 VIA CERTIFIED April 15, 2010 Robert Lehnert Peconic Permit Expediting 32645 Main Road Cutchogue, NY 11935 RE: Pending ZBA File#6267, Droege Dear Mr. Lehnert: 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. Sincerelty~ , Vicki Toth Board Assistant Postage $ Certified Fee Return Receip Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~xstrnark · Completo items 1, 2, and 3. Aiso complete item 4 if Rest~tad Deliver/is desired. · pflnt your name and address on the reverse so that we can tatum the can:l to Y°U. · Attach this card to the back of the mailpisce, or on the front If speoe permits. D. ~ dellvely addn~s d~mnt f/om ~em ' If YES, e~ter delNery sddmss betow: r'l No r'"l Cert~ed Mall r=l ExPtess Mall [] Registered [] pat~m Rec~pt for Merohandlse [] Insured Mall [] C.O.D. Restricted Delivery? (Ex~a Fee) [] Yes 2;Al~cleNumber 7009 0820 0001 7819 6297 PS Form 3811. February 2004 Domestic Return Receipt 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 ZBA # T xMap#: t 00- /q - http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 COVER SHEET WITH ZBA FILE STATUS OF FILE : lSrveg, e., Location: ~ ~ [ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn application). [~-~ NO .REFUND DUE, based on time spent for Town to process application and hearings. [~'] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps.to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. forms were r,e~tumed to applicant early in process, as requested by applicant.) (All SURYE'r' OI= ~ LOT NUI'~,Ef:~.~ f~EFEt~. TO "~AP DP ~'S ~I6HT" FILED IN T~ ~FFOLK GOUN~ CLERK5 OFFICE AS HAP NO. 5~ TO~: ~~LD ~OL~ ~0~, ~ .EAJP, VEYED~ NOV. 18, 2008 .St.IFFOLK C, OUNT'r' TAX # IOOO- 14- 2- 24- DEC 16 ,5; ,' N W E S ®t:2-,APHI C, %ALE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver~pros\08\08-198.pro 0 0 x, ~Oo/~ PROPOSED-'~TERIOR STEPS TO SECOND FLOOR DECK AD AP?ROVED BY SOU OLD EXISTING CONCRETE DRIVEWAY \ / 0 -'--4 0 © (~) o o © O FIRST FLOOR PLAN LINE OF EXISTING SITE PLAN INFORMATION FOR 51TE PLAN TAKEN FROM 5UP-.VEY BY JOHN EHLER`5 LAND ~URVEYOR, DATED NOVEMBER. I&, 200& I[ ,' [ SECOND FLOOR PLAN SCALE, I/4" = I'0" SITE AND ZONING DATA ZONING [R.EQUIREMENTD R-40 EXISTING CONDITION.~ PROPOSED CONSTRUCTION AS PEP-. 280 - I 24 LOT AREA 35, 973 5.F. 35, 973 5.ff. FRONT YARD DETDACK 50.0 fit 35. 0 PT. 35. 0 FI-. REARYAI~D DETDACI<, 50.0 fit 52. 5 fiT. 52. 5 PT. 51DE YARD SETBACK I 5.0 fit I ~5.& FT. i 825 fiT. TOTAL ~ BOTH DIDE5 35,0 PT 50. 2 FT 46. 8> PT MAX. GRODD FLOOR AP-J~A 20% 5GTG 5.?. I 5,6% 5774 5,P. I G. 1% MAXIMUM HEIGHT 35.0' VT 30. O' fit 30. O' FT THEt~E ,,&~ NO ,~P-.,~I~E CHANGES, EX(%4V'ATION, FILLINO, ,~NI2,/O~ CLEA~IN~ I~ONE TO TMI.~, P~OPE~T¥ D~DROOM5 TO DE USED FOR, BED ~ 15REAKFADT USE PROPOSED BED & BREAKFAST AT THE DROEGE RESIDENCE PETTY'S DRIVE ORIENT, NY S.C.T.M. # 1000-14-2-24 REVISIONS AD PER ZDA REVISIONS DATE; 5- I 2-09 F,",Y 13 2OO9 PECONIC PERMIT EXPEDITING PHONE: 6;31.734.636;I THESE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PECONIC PERMIT EXPEDITBqG INC. IN FRINGEM1]NTS W1LL BE PROSECUTED DATE: 12-8-08 DR. BY: R W L SCALE: AS NOTED CHKD: PROJECT NUMBER 0836 I I S1 [EET NUMBER A-1 I SOUTHOLD TOWN BOARD OF APPEALS ~ -C Phone (631) 765-1809 Fax (631) 765-9064 ~ ~ ~ APPLICATION FOR SPECIAL EXCEPTION Date Files: - I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, NeTM York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE , SECTION SUBSECTION Telephone: NOTE: If applicant is not the owner, state if applicant is ovcner's attomey, agent, architect, builder, contract vendee, etc. For the below-described property for the following uses and purposes (and as shown on the attached plan drown to scale): (attach separate sheets if needed) Statement of Owqership and Interest: and referred to as ~ ~' 5'- ~'e ~¢'~y a (House No., Sffeet, Hamlet) is (are) the owner(s) of property known identified on ~e Suffolk County Tax Maps as District 1000, Section ] ~ , Block /~. , Lot(s) ~- ~ , which is not (is) on a subdivision Map (Filed , "Map of ~0~,~/,~,~ ~-~S~ ~' " Filed Map No. ~'~"9 ,andhas been aCproved by the Southold Town Panning Board on -' -- as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on ,~-~ 7 ~ ~ ~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be de~imental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned /~' 4 ~ and ~ is consistent with the use(s) described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being fiLmished h~rewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ZBA2 (rev. 2~06) NOT,~fY PUILIC-STAli OF NEW YORK No. 02MC6151514 QuollflecI in Suffolk Counly My Commission Explr®l August 08. 2009 QUESTIONNAIRE FOR FILING VqlTH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes jlg,No B. Are there any proposals to change or alter land contours? ,lg,No [] 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? y~'.5 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? ~/~--~5 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. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not,shown on the survey map that you are submitting? ~I/0 (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? /~/t7 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this.parcel and proposed use /~ .~ (~~~osed: same with garage or ~ol, or other description.) 2/05; U~.7 ..... DEC 54375 Main Road (at Youngs Avenue) ,/.~/[N.' Southold, NY l 1971 htt'p://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailln~ Addtiss: PAGE 02/02 53095 Main Road P.O. Box 1179 $outhold, NY 11971-0959 Name o~ the AppLicant(s) and his/her Residence: mames of CUrrent Residents/Occupants of the Subject Premise~: aur~en%.Occupants are: (please check one or more boxes) ( } Tenants with Written Lease [ } Teen-ts without Written Leas6 ~ C%~rrent Owner {. } . Con=tact Vendees { } Propose.d Occupants/Residents under the subject Applicatxon { } Residents NOTE: By not checking one or more of the above, it is a~.~umed that the current Occupants are not tenants with a written or without a written lease, are not current owners, ~re. not contract vendeea, are no~ proposed Occupa3/ts/Residen~s ul%der the Subject Application; and/or have a different residence. Is th~ subject premises listed on the ~or being shown~ to prospective buyers? No, ~ ...- ..;-, ./....~.~.:~, A~r~ed ~l~e and ~ate ' real estate market for (') Yes 617.21 Appendix C State Environmental Quality R~view SHORT ENVIRONMENTAL ASSESSMENT FORM For UNZISTED ACTIONS Only SEQR PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2, Project Name 3. Project [ocation: Municipality County Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION ("~') MODIFICATION/ALTERATION 6. Describe project bdefly: In,tially:. ~..2.- acres; Ultimately: . q~2-. acres 8. Wilt proposed action comply with existing or other existing land use restrictions:( ) YES ~ NO If No, descdbe briefly: 9. Whet Is present land use in vicinity of project: (describe): [~,h~Residential ( )Industrial ( Commercial ( ) Agricultural ( ) ParkJForest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Lo?l) ( ) YES C:~ NO If Yes' list agency(s) and permil/appr°vals: r--~-- i~'~i~'~ ~7 i II ' 11. Does any aspect of the action have a currently valid permit or approval? ()YES .(,.-~)~NO If Yes, list agency(s> and permit/approvals: '~ ~Z~7 I 12. As a result of proposed action, wilt existing permit/approval require modification? I~. ) YES 0X~NO If Yes, fist agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge If the acti I y, complete the Coastal Assessment Form before proceeding with this assessment To~.n of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other infomaation used by a Town of Southold agency in making a determ/nation of consistency. *Excel)t 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 e;tplanations 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 aclfievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online ~Lth__e._T?wn of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the P/latmJngDepartment, all-local libraries and the Town Clerk's office, i B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# / 4 - - The Application has been submitted to (check appropriate response): Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) Locationofaction:~,,<" /9~ ,L~7/:>. pr'It,e_. , ~5?Ft¢,~ /- Site acreage: ,. ~.~ ~' Present l=d use: / Present zomg cl~sification: ~- 4 ~ If ~ application for the proposed action has been filed with ~e Town of Son.old agency, the following info~ation shall be provided: (a) NmeofaPplic~t: ~d~.~ ~rOCf~ O) Mailingaddress: ~t ~ ., IIq57- )f 2 (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 R NoJS~ If yes, which state or federal agency?. C, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in.the Town of Southold that en.hances community character, preserves Open space, makes efficient use of infrastructure, makes benefictal use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Attach additional sheets if necessary '- - Policy 271~rote~t and~r~g~r~-~-hisl~ic'i~d~-r~h~ ol~gi~l' resources oX~li-e oT6w~of-g6ht~ld.~e LWRP-' Section III - Policies Pages 3 through 6 for evaluation criteria Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town Of South01d. See LWRP Section III - 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 Sectiou III - Policies Pages 8 through 16 for evaluation criteria Yes ~ NoPq Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -P01i~ies Pages 16 through 21 for evaluation criteria Yes [~ No ~Not Applicable 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 III - Policie_s;_~Pa~ges 22 through 32 for evaluation criteria. Attach 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. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. 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[~ No~;q Not Applicable 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. Attach 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 ~-] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [-'] 1No ~1 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 through 68 for evaluation criteria. [] Yes [] No ]~ Not Applicable Created on 5/25/05 11.'20 AM APPLICABLE 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 information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (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.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, Rela,o_.~nshlp includes by blood, _marriage, or business interest_. "Business interest" means a business '· ~ in which the Town offic ~.-. , .... ~ , Including _a er ..... ,pm_~.~e nas even a ~o~ershi~c~9~f (or _empl_oyment by~_corporation in which the Town officer or employee owns mo~re than 5% of the 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: Descr/be 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-corp ......................... ,orate(when the applicant is not a corporation); el~i~ i~ != ' ::: ) C) an officer, director, parmer, or employee of the applicant; or D) the actual applicant. I ~[C l:' ~ DESCRIPTION OF RELATIONSHIP [ ..l~6:,,2 ~' Submitted this ~.~tay~~, ~ a~/O,~,, Signature: ~ ~ ~, -" Pr/ntName:_~_~ ~$j ~t ~ PI=CONIC PERMIT EXPEDITING Bmldm~J / DEC / Variance / Marine 32645 Main Road · Cutchogue. NY 11935 E-Mail peconicpermits2t)optonlinc.net Ph 631.734.8361 · Fx 631.734.2276 October 21,2008 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peeonic Permit Expediting Inc." to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Madeline Droege - Owner DFC 15 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Ball Southold, N.Y. NO Z-20569 Date THIS C~RTIFIES that the building Location of Property 885 PBTTYS DRI~E House NO. County Tax Map NO. 1000 Section 14 MARC~ 5, 1992 ORIENTr NEW YORK Street Block 2 Lot 24 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAy 25~ 1990 pursuant to which Building Permit No. 19102-Z dated J~NE 7, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is The certificate is issued to CIPITELLI BROTHERS R~ALTY of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 88-SO-166-F~B. 2t 1992 U~)ERWRITERS CERTIFICATE NO. N-197580 - JI~LY 26, 1991 PLUMBERS CERTIFICATION DATED MA~ 2~ 1992 - Bev. 1/81 ~ilding Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. C~RTIFICATE OF OCCUPANCY No Z-20568 Date MARCH 5, 1992 THIS CERTIFIES that the building INGROUND S~q~9{ING POOL Location of Propert~ 885 PETTYS BIGHT ORIENTt N.Y. House NO. Street Hamlet County Tax Map .No. 1000 Section 14 Block 2 Lot 24 subdivision Filed Map No. Lot NO. conforms substantially to the Application for Build/rig Permit heretofore filed in this office dated MAY 25r 1990 pursuant to which Building Permit No. 19102-Z dated JUNE 7~ 1990 was issued, and conforms to all of the requirements of the applicable prouisions of the law. The OCCupancy for which this certificate is issued is INGROUND SW]]~JaNG POOL WITH DECK & FENC~NCLOSUP~AS APPLIED FOR. (owner) of the aforesaid building. UNDERWRITERS CERTIFICATE NO. N-197666 - J~LY 26~ 1991 PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 w ,.Me /~a- '-:Z- TOWN OF SOUTHOLD PROPERTY RECORD CARD ~,w~,~cr~ STREET ~ VILLAGE DIST. SUB. LOT F~ER ~ER ~ 0 __ N E~~ ~,o/o~ S W ~ u ~~L . DATE R~RKS ~la~ FRONTAGE ON ROAD , / ~ DEPTH 4~4~ PI~ BULKH~D COLOR TRIM Extension P tio TQ~al /.o00 Foundation Bosement Ext. Woll$ Fire Place Roof Recreation Bath Floors Interior Finish Rooms Ist Floor Rooms 2nd Floor Driveway ,/ I So' thold Tow Bo d lapp Is MAiN ROAD - STATE ROAD 25 P.O. BOX 11179 SOUTHOLD, L.L, N.Y. 11971 TELEX'lONE {5161 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAfl CHARLES GRIGDNI$, SR, SERGE DOYEN. JR. Appl. No. 3849 FAX NO. (516}76~1823 ~C~IO~ OE '[~"[~ BO.AR~ OE .,~k~..] ;S Matter of CIPITELLI BROS. REALTY. Varia Ordinance Article XXIII, Section 100-239d, A.] to construct a one family dwelling with insuf~ within 100 feet from Long Island Sou/Id in thi~ District. Location of Property: 90 Petty's I County Tax Map ~o. 1000, Section 14, Block 2, WHEREAS, a public hearing was held and cc Septembez 21, 1989 in the matter of the Appli¢ BROS REALTY, under Appeal NO. 3849; and WHEREAS, at said hearing all those who d~ were heard and their testimony recorded; and WHER~A~, the Board Members have personal] familiar with the premises in question, its pz the surrounding areas; and WHEREAS, the Board made the following 1. The premises in question is located Petty's Drive, Town of Orient, and is identif~ County Tax Maps as District 1000, Section 14, 2. This is an application for Variances Code Article ~III, Section 1B0-239d A.1, for construct a one family dwelling, proposed cons within 100 feet of the Sound. :e to the Zoning · for permission icient setback and R-40 Zone rive, Orient, Lot ncluded on ation of CIPITELLI sired to be heard ¥ viewed and are esent zoning~ and ndings of fact: along the east of sd on the Suffolk Block 2, Lot 24. from the Zoning permission tc truction will be Page 2 - Aupl. No. 3849 Matter CIPITELLI BROS. REALTY Decision rendered October 12, 1989 3. Article XXIII, Section 100-239d A. building located on lots adjacent to Long Isla which there exists a bluff or bank landward beach shall be set back not less than one bund from the top Df such bluff or bank. 4. The subject premises for the one faa known and referred to as being built within tk envelope, as identified on the site plan from also a copy of the Survey fr~m Roderick Van T~ 5o In considering this application, the determines: (a) that the circumstances of this appl~ uniquely related to the premises and 'its estak nonconformities; (b) that there is no other method for a~ pursue, and placing the proposed dwelling in ~ on the premises will require other variance re {c) that the area chosen for the dwelli~ unreasonably located; (d) that the variance will not in turn ¢ effect on the safety, health, welfare, comfort and/or order of the Town; (e) that in carefully considering the i above factors· the interests of justice will k granting the variance, as applied conditional] Accordingly, on motion byMr. Grigonis, Dinizio, it was · requires all ad Sound and upon the shore or red (100) ~eet ily dwelling is ~ building ~ard Associates, Fl, Dated 4/17/89. Board finds and o~tion are lished pellants to ~y other location lief; ia not use a substantial convenience ~cord and all the served by noted below. =onded by Mr. Page 3 - Appl. No. 3849 Matter of CIPITELLI BROS. REALTY Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matt application of CIPITELLI BROS. REALTY as appli No. 3849, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there not be any construction t decks, swi~ing pools (Building Envelope), not than 60 feet to the top of the bank. Vote of 'the Board: Ayes: Messrs. Goehri and Dinizio, (absent Serge Doyen, Fishers Isla Sawicki). This resolution was duly adopted. df ~r of the .~d under Appeal ~at includes be any closer lger, Grigonis, id and Joseph NG~CHAIRMAN SOUTHOLD TOWN. Ci~EBK r DA~ H-D-~-3~ HOUR I~;oSP.l't To~ Clerk, Town of Southold YOUNG s YOUNG ALDEN W '~OUNG~PROFE$$1ONAL ENGINEER AND LAND SURVEYOR N.y .~i UCENSE NO 400 OSTRANDER AVENUE RIVERHEAD,NEW YORK Chai['woma~ BOAI~.O~ APPEA~S S/)~thdld To~n'~a~tl " 53095 Main R~ad TOV~N~.OF SOl--OLD. FIND[NGS,. DELIBERATIONS AND D~ERMINATION MAD REC MEETING OF OCTOBER 9, 2003 ~'~J"~ ~!::/:: C TM#14- 2-24, ~:..,~ ~: ~ '. ~.?. t, )'of~eb~k:facing th6'L~hg I~~' .~ '.-'. ~ ~l~g the no~ side of'P~S~Dfi~. ~'~,' ..' · ;~ ' ;:. : . . ~1.' . is ..: ,: , ~ I: The Appicant's requ'est is based ,on t_h,e Buildi 2.003':1~ofice of Disapproval, amended September'!0~'~003, citi 100-,3'~C, Sec[ion 100-30A.4 and SeCtion 100-3~, irt ts der t.an accessorYwin~f [uFoine'. The B~il;din,g, Del~ni ~o consthdct an accessbry win~.turb[fi~?,~f~ted trial ff.: (1) a wind turbine is not a 'per~itted. b~:,i (2) not permitted at leSS thafi 50 fe~ti:frc)m tt~front · ~: ~um is not.~hni{ted ~tla fi~ight:~ea~er tha~ ! ,.~ ~t a permitted Us0. The aPPliCa~ is!~,qbesti 'ard setbac~ an aiea varia~Ce fo~th~i~i'opos~ Department's pOSitiOn that a ase:ve~rianCe~ . a as an accessory use · :;The Zol~og' Board. of Appeals held.a pub c headn on th s a cation on A ' 1~ 20 3 ' ~ ai~t~ otJ~ 5/,2003 af, wh~ time wntten, and om ev dence were preSented. Based Up~ ~,!~ll =teSfii~0ny. d0c~r~t~[[on pemona r~Bpecti0n of the roe and other " ~¥ ....... . ...... ~ , _ p p dy. ewden . ':i~e? [I :~g B0ard'f~nd~ the f°ll°wmg facts t° be t~e and relevant: ~. ' The applkmnt desires to construct a new :umin the fmntYard area at 33 feet from th~ 0[04 'f~et to'the top *~ the windmill from ground le¥o , :::'mENb~?':RE~uEST;oF'THE APPLICANT~ i During the April 17, 2003 hearin! ';~ :e?ne~ms.w~'ra~t ~ibout ~he h~ight, Iomtio~; whether or not the use as pr~po'~d: :~n'. e.<~ t i ~ ! ht USes and structures, as noted in ~h~ Bbildirt{j nspect0 . '. !i ~ 26 nc' ~ er i'o~ 2003 NotiCes of D~sappr0~)al. During the Septemb ;~. i11, he ~ [ fittomey for the appliCant confirmec~ that a Use ~'afianCe' s · not !~'!i, ~, and that appiiCant is requesting a Rev~rsa~ of ~..' Department's April 26, 2003 Notice of Disapproval for the reason that the is an acc~essOi:y use customary and incidental to the residence. On September 15, 20D~, the applicant's attornej~ the height 6f the proposed :Wind t~rbiMe structure: . . ~,3 feet, pids the add tion of, the 4 fl b~ade on top~f 'l;he following provisions of the $outhold Town Zoning Code are ::,,? ~.: :' t0 this'R-N:)'Residential Zone DiStrict: t0~;30'A:l,;purpose, The purpose of the Low-Density Residential R-40 District is to ~ehtfal: developF)ent whom eXisting neighborhood charaCteristics, water @erm~ full development densities, of approximateJy one (~) acre ~ Space and agricuJt~ral preServation am hot predominate ,!.ii'. 'i; 'i '' ~pJl~kiiidin~S~hallbe'subjeCttothesamerequrementsas§100_33oftheAgriculturaJ_ ! ~ ': ~.' '. § ~0.31C.. ~A..c, ce~bry uses, limited to the following uses and subject to tho conditions .~': ~ .~- , (1) Any cusfomary Structures or uses wh ch am customarily incidental to the p~ncipal use, except ': ./ ~ ~! :~ .' th°se prohib~bythls chapter. i'? ,.:. ~' i:~!':i: ~2) Hom~ occupation, includir~ home professional office and home business office, in perm~ng ; ~! i: :;~; i ii!; ,~:: ~'": ~e~vld ~use~,~ ,~t~. T~wr~?° .~1 rec0~nizes that ~e residents historica!6j have operated small businesses Which i:'. : :,: fl , ~.~9,e~m the Corem.unity from their homes. The Board finds that these businesses have not ,' . ~-~ ; ml~aCted,~ly on ~e aPPearahce of these res dentJal zones nt;3eBoard,sjudgmset it flnds that n ," ":'~" ' °~rdertomaintail~llth6!ecellb~cVlabJEyoftbetown to. mantantherural~qUaEyof ifeand nthe nterestsof ;-. :. ;: .:the welf'~'e of~ re~ide~ these businesses (or home occupations) shou d be permitted to COntinue. rn · ~ ~?i ~;~' '? ~.Settlng f~,h'h the ~llowin~l subsections the Board ntands to permit as of right certan business uses n ~: .:-' -. ' res deo§al zone~s Wit~ the t~ndemtand ng that these uses are to be condu nerthat,.vi ,, ,~ ;, .. ,,.., ';-,, sth,.u~l~[ ~ the res~enUal neighborhoods. The Board be loves that the fo owing su6secfions provide ,~,;; :! ~.~ ~. _ aenrSafdguares to accomplish that aim. These uses shall be permitted, provided that: (see a-I). i~:?,, i~:?: ~13) B0~;=dbcklng fa~ §e~ for the docking mooring or accommodation of noncommercial boats, subjec[to ': ' ~ ~: ' : the f01Jowin'g ~o[rements: (se~ a, b, C). · i i.~ , i (4) Garden house, t~ol§ouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental fo thb residen~al use of the premises and not operated for gain, subject to the following · i ~ ' requirements: (~ee a, b). ~ ii:~i i~.' ": (5) priVate garages pmv ded however, that not more than two (2) passenger automobile spaces in such · i i '~arage-~ ~ay be leaC, ed to persons not resident on the premises. :(6) Off-street parking spaces accesSOry to uses on the premises. Not more than four (4) off-stroet parking :: '~ i.'i': ' ~o~ices Shall be Permitted within the minimum front ya~. ~ i,~;~.:, ~'.'. :, ~Tbe. storage of e~her a boat.ut travel trailer owned and used by ~e. owpar ur occupant of the ~ such beaf~ O~ travel a-~ller:lS st~.red, fbr his perSOna~ u.~e, subject to§ 10C)-1911~, ~:::..: . ~ ~ and the following requiremehts: · animals' shaJl not 2&) fowl shall n0t'~ b/pas ~ Sales of personal property owned 9-..~ :~ the premi~s~ which ~fiay'sa~l items aCCessory to wine j~ems for the storage and display of wine, b~oks on bemthg the ins[gnta of {he winery~ Wirierie~ may not hay0 :' ;;~ ;~:: ~L': = , h~v~, a noncommercial kitchen facility fo~ private use by , LJ., No. 26-I994] d 4-10-1990 by L.L. No, 6-1990] Low-Density Reslden~al R-80, R-120, R-200 and R-400 er ether acoes~ory uses shall beJocated in the rieClUired rear '; ;';~';~;.[ ;; :}i::','; '. :' '~: 8nbh ~ulldlhga sfi~[ not exceed elglitsen (18) feet in height !. - '. v ~ 3 tv~,.enty thousdnd (20,000) square fest~ such buddings shall be set pack no less ~ofhne. ,,,;.',.! ;': ?'. :'(~ ) Qn I(~ts. containing mom than twenty thousand (20 000) square feet up to thi~:ty-n ne thousand nine ~ · %? i-/", lti'ndt~d riir~ety, nine (39.999).S~iaar~ faeL such buildings shall b~sat ~ack no less than five (5) feet fiorh any i(~), Oh lots containing.in exces~ of thirty-nine thousand nine hundred ninety-nine (39 999) square feet up to ! ~.:,?! i:~;i ;'. ~Je~t~j-~he ffiousand n ne hundred n nety-nine (79 999) square feet such bud riga sba be set back no ~ :".: ,less t~an {eh (1'0) feet from ahy 10t line. . · .- ;: : (4)' On lots containing in excess of seventy-nine thousand nine hundred nthety-nine (79,999) square feet, : ~; [':. ,' Such baildings shall be set ba~ no less than twenty (20) feet from any lot line. · ,. C. in the case of a waterfront parcel, accessory buildings and structures may be located in the front that each bul[dings and structures meet the front-yard setback requlromants as set ~ .... [Ada ~2 by ...... .'. · ~this code. ~i~;'! '"; 'f'' 'REAsoNs FOR BOARD ACTION: On the basis of testimony presented, 'materials ::: ii ?iii :i. i '.:' submitted and persona in~specfions, the Board makes the f0il0wing findings::: . bZb Ap~! NO §~86 Ivladellne D~l~e ~ ' ' ~14-2'24 at Orient ; :".~i'i~:.:!:.;~- ~ . 1. The applicant's property is located in the R-40 Low-Density Residentia! Zone ~,:4.'.?f ')::L'~i;~'~':'[:' ' Bistfi~ arid is imprb~ed with a si,rLgle-famitydWe!ling. The use .i,s not a I!s,t,ed,~" ;"- §. 3..0!~-~3;3 .~ ~ use n0t..~ermlttedbv {his chaoter shall be deemed ~o be orolflbited. AnY list -' - 6t6fil]b~Cd~l Ii~,~atrv se~toh,qf ~ls, ~a~t~y,shall be ~l~emi~l to' bb not. an'exha~s'd~e li~l: biJt ~b I~v~ t~fi lo,tided Mr t~e.our~d~s of ot~ritvi~qd' e~nPhas~s: ' ' '"~'"/¥ !' §:10~..~37; pr~.,hibltod ~ ~ a!l dist~ots. [Amended 11~24;-'~.992 by L.L No. 26-'[992] . · i[~l strh~'.n's :)r ;~ ,~.dvemcl,.. ~{,,:x:l Ih~ .~i:.r:T. undincl';amA o~ bv reason ;of the creation of rfois~, whi~'h~i~t~¥ ida~l~i~t'ol~ f~ ~;Xplos ve mdicabflive ~r other ~aza'rd: et which causes · '~:~?: ...,>..,;undor ~~ ~,',~.~ e~authorlze,d accesspry use o~'&tructure, and the Board, :, :[,~: ?.,..:-~ !. ;;!,,,.~of.Appe~l~l~'~l"~fb.a~, lallguag~ to the Zo~l[~l~ Co~e or amend the code as · ' ' :il;written~~'~irit~ 'iS.'n~t a public utility or other flc~nsed provider of publl~: ;:. :;:' ',,;! ~(3) The s.etbac~, and tie!ght vana~ ,c? will have an adverse effect or impact on th~ ~'. ~'!i''= ij-.physical, ~i eh..~mi~ler~t~' condflionS m the neighborhood or d. istrict. It will involve ar ' '.'~' · ~ i annoyanbe qf :dist~bat),'ce to the surroun~fing pt0perties c~l~ to their ownem and~ -?::' ;': dccupar~t~ ::db~h~. ~:~a~l ~lUfing. hurricanes may be dadgerdus or prejudicial to :::.:';.i:' :;: .:' flea lite, saf~,,t~'bi; g~ne~al W~ifare. it is located in resJdei3tMI neighborhood. ';; '(~) The difficulty was seE-created when the applicant planned a'windmill in a residentia .:; '" heighborh,00d and In a site ocat on that does not meet the zen ng requ rements (5) The mtief requested will have an adverse effect or impact on physical or environmental COnditior~ in. the neighbOrhood or' district, 'for the same rea~bns notec~ "" above. Tl~e:property'[s located in a community of residential he,es. (6) The use requested could be authorized only bynew legislation in a change to the Town Code, authorized only by the Southold TOWn Board. 'P~age 5 - October 9, 2003 Appl. No 5186-Made neDr~ege 14-2-24 at Orient ~J OF THE BOARD: In considering all of the above factom and applying the g test under New York Town Law 267-B, motion was offered by Member ~ Member Oliva. and duly car~ed, to DENY the appl~:ation w~30ut prejudice, as applied for. (Chairwoman eff~ 10/21t03), Member Tortota and Member Orlando. (AbSent 'was ChairWoman - 12/ /03 Approved for Filing 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 December 17, 2008 Zoning Appeal No. 6267 Transmitted herewith is Zoning Appeals No. 6267 of Peconic Permit Expediting for Madeline Droege - the Application to the Southold Town Zoning Board of Appeals For Special Exception. Also enclosed is the Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Authorization Letter from Madeline Droege to Peconic Permit Expediting to Represent her in the Matter, 2 Copies of Certificate of Occupancy #Z-20569 for One Family Dwelling with Attached Garage & Deck Dated March 5, 1992, 2 Copies of Certificate of Occupancy #Z-20568 for In-ground Swimming Pool with Deck & Fence Dated March 5, 1992, 2 Copies of Property Record Card (2 Pages Each), Copy of Certificate of Occupancy, Copy of Survey Showing Existing Construction Dated November 18, 2008 Prepared by John C. Ehlers Land Surveyor, Site Plan Showing Floor Plans and Parking for Guests Dated December 8, 2008 Prepared by Peconic Permit Expediting. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 12/17/08 * * * RECEIPT * * * Receipt~: 31546 Transaction(s): 1 1 Application Fees Reference Subtotal 6267 $250.00 Check#:1150 Total Paid: $250.00 Name: Peconic, Permits Expediting Inc 32645 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH internal ID: 6267 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/16/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP ~ £CEIVED 6267 DROEGE, Madeline 1150 $250.00 DI:C ~ 7 "° Soothe 4d Town Clerk $250.00 By__ Thank,'ou. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com June 4, 2009 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Droege, Appeal No.: 6267 Ladies and Gentlemen: I find it very unfortunate that Ms. Droege was unable to remain at the heating for more than a few minutes, and left abruptly before being excused. I ask that you require her presence at the next meeting so additional questions may be posed to her directly. We also ask that the Board make a physical insl~ection of the residence prior to granting approval of a bed and breakfast. (~ ~tO~.b~'J The applicant's failure to produce the additional information required in connection with the stairway variance, which I requested at the first heating and which caused the Board to adjourn the hearing for a second time, was extremely inconsiderate of the neighbors, who took time off to attend for the better part of several hours for virtually no reason. I do not in any way fault the Board for this, as I realize your schedule is subject to the heating process and fmther that you do not control what the applicant presents. cc:Peconic Permit Expediting Very/t ~)xfl~y. ours,_ ~ : Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailim, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23~ 2009: 9:40 A.M. MADELINE DROEGE # 6267. Request for a Special Exception in accordance with Code Section 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single-family dwelling, with owner-occupancy, for the purpose of lodging (two guest bedrooms) and serving of breakfast for up to ten (10) casual, transient roomers, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty's Bight; CTM Parcel #1000-14-2-24. 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: April 2, 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 Off'me Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY l 1971 _Ma~ling 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 May 22, 2009 Fax Tmr~oj~sion 734-2276 Mr. Robert Lehnert Peeonic Permit Expediting 32645 Main Road Cutchogue, NY 11935 Re: ZBA file # 6267 - Request by Madeline Droege for a Special Permit Dear Mr. Lehnert: The Board has observed portions of the mad leading to the applicant's property (PeW's Drive) are in need of repair and updating to meet the requirements of New York Town Law, Section 280-a. Please contact the Planning Board for a determination as to the written specifications if desired, or contact the Building Department regarding any other step that may be involved for this portion of Petty's Drive that is shown on the Map of Perry's Bight. Thank you. Also, the following information is requested: a)~ Authorizations or Certificates of Occupancy from the Building Department when available the following structures: as-built sauna, second floor deck exterior stairs and steps, and the two accessory structures that exist in the westerly side yard. (The Certificates of Occupancy that were ifumished to us do not cover the structures.) Please make an application with the Building Department to resolve these issues and furnish copies of. b) a copy of an available map that will show the location of the Coastal Zone Management boundary line. / / Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 PECONIC PERMIT EXPEDITING Bu~ldlncj / DEC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail peconicpemfitsq~optonline.net Ph 631.734.8361 · Fx 631.734.2276 ,) [lAY 1 3 2009 May 13, 2009 RE: Amended Drawings for the Droege Residence B & B, Appeal # 6267 To Whom It May Concern, As per the last hearing, I have forwarded you the following information for your review prior to the next hearing date of May 28, 2009. 1. Revised drawings showing the proposed parking layout as per the request of the board. The drawings also show the proposed stairs from the second floor deck, and zoning calculations to show that the proposed stairs do not require zoning relief. 2. A copy of the trustees approval of the proposed stairs. 3. A copy of the homeowners drivers license & most recent tax bill. If you have any questions, please feel free to call me at any time. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7062 DATE: April 22, 2009 1SSUED TO: MADELINE DROEGE PROPERTY ADDRESS: 885 PETTY'S DR.~ OR1ENT SCTM#14-2-24 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 22~ 2009 in consideration of application fee in the sum of $250.00 paid by Madeline Droege and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and the following: Wetland Permit to construct exterior stairs from the second floor deck to grade, and as depicted on the plan prepared by Robert Lehnert dated March 12, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES W1CKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com May 27, 2009 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I I I MELVILLE. NEW YORK I 1747 631-249-9480 TELEFAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Droege #6267 Bed and Breakfast application Petty's Bight, Orient, NY Ladies/Gentlemen: The objections of the adjoining neighbors to the East, the Mallis family, as set forth at the hearing on this matter, are summarized as follows: 1. Impact goes beyond acceptable residential nora, s. Code Section 280-139 requires that bed and breakfast applicants receive individual case by case review to insure compatability with community character, land use patters, and natural environmental factors. The ZBA is not required to grant a B&B application. The ZBA must consider Compatibility with surroundings and the character of the neighborhood. Visibility, scale, and overall appearance Disturbing emissions of light, noise, etc. Parking issues Sufficiency of plot area, expansion possibilities Adequate buffers Those factors argue against this application, which would locate a trafficked B&B in a quiet, private residential neighborhood at the end of an impassible private street. The scale of the project is beyond what is reasonable in this neighborhood, and because the homes are on small lots, the impact of the business activity would be dramatic. 2. Application is Contrary to Prior ZBA Decision: The single family residence exists solely by virtue of the substantial variance granted by the ZBA in 1990 for insufficient bluff setback. That decision, Appeal # 3849, gave the applicant a huge increase in the allowable building envelope beyond the very small triangular footprint allowed by the Code. The decision specifically referred to the structure as a "single family dwelling". To expand that definition now to include a bed and breakfast goes far beyond the Board's prior decision, and such a large expansion of the building envelope might not have been granted had the Board at that time been contemplating a commercial bed and breakfast use in a residential neighborhood. 3. Proposed Stairs will Require Additional ZBA Hearing. Applicant has applied to the Town Trustees for a stairway from the second story deck which will require ZBA approval due to it's proximity to the bluff. The two applications should be considered together, not piecemeal. 4 Parking. The proposed parking spaces are right on the Mallis boundary line with no provision for screening. They should be moved further to the West. Further, regardless of where the parking is located, screening along the Malllis line should be required. 5 Lot Coverage. An inquiry into lot coverage is required. This goes to the scale of the project and the impact on the surrounding area. 6 Poor Road Access. The private access road is virtually impassable. According to other testimony, it was the applicant who prevented the Home Owner's Association from improving the road. Applicant now accesses the property over a private road in another subdivision over which she has no legal access. This raises concerns of guest access and more importantly, emergency access if the ZBA is to approve a bed and breakfast use to which emergency vehicles cannot adequately respond. Further, from the perspective of the Homeowner's Association, introducing paying guests to the area vastly increases its liability. 7 Illegal Sauna. The applicant maintains an illegal sauna on the bluff which was constructed without a permit and which should not be allowed to remain. Its expanded use by guests would create additional noise and adverse environmental impact to the bluff. 8 Number of Guests. The number of breakfast guests cannot, under the Code, exceed the number of room guests. The applicant's proposal for four room guests and ten breakfast guests indicates that she contemplates running a restaurant. 9. No Owner Occupancy. The applicant lives and runs a business in New York City. It is unrealistic to assume, regardless of any testimony which may be produced to the contrary, that she will meet the owner occupancy requiremems. We respectfully request that the application be denied. Very~ t/~uly yours, Abigail A. Wickham l/zbaltr Dino & I)~pina D~me~ad~s 400 P~y Drive Orient, NY ! 1957 April 21, 2009 Zoning Board of Appeals 54375 Main Road Southould, NY 11971 Re: MMeline Droe~ Appe, al//6267 Dear Zoning Board Members: We ~ve just learned that Madeline Droege is planning to mm her house into a Bed & Br~slc~. This is not ap~opriate for this quite family oriented neighborhood. We do not know wh~t king of people will be coming in and going out, In the past there w~ Satlmln~ of offensive people- in the seminude - coming an~ going. Also there will be a lot of traffic and no/~ in this quite family area. An exception wes granted by the Zoning Board whe~ this house was built. We do not feel k is appropriate to grand the property any further c, oasem. It will ~v~rdy affect our quality of life and value of our property. We thank you f~r your understanding and consideration in this matter. Sincerely, Dino & De,pia~ D~m~ades PA~E $'n~YPnCH~mmmim:~. F YOU HAVI~ R~'ndm C(~MMUN!C~ITION ~,II~OI~,pL~ASE~U~.iM~,T~.y, 'T~ YC~J, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) d'~ ~t'J ~ t,,e~. , New York, being duly sworn, depose and say that: On the ] .~ .day of ,ZJIOt'~ / .,~ta~, I personally placed the Town's officia! Poster, with the date of hearing t~nd nature of my application noted thereon, securely upon m~ property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days phor to that date of the subject hearing date, wlfich hearing date was shown to be 4,vt~/ .~3 ,.~,Oo4q' Sworn to before me this daY ,200 c/ (Notary P~ NOTM'Y Iq~LIC-ITAII OF ~ YOIIK NO. 08MCil $1814 e~llll~ In lull, OB COUntY .~t Coff~ml~ Exam August 0i, *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name_of pplicants)' . AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~'t~ ~d~ ~ ~/~ , New York, being duly sworn, depose and say that: On the ~' day of ,~/'J ] . ~_~,,~_~ff, I personally mailed at the United States Post Office in '~'o~'~ ~ v~- · , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, atme copy of the attached Legal Notice io prepaid envelopes addressed to current owners shown on the om-rent assessment roll verified from the official records on file with the 1~ Assessors, or ( ) County Real Property,Office .., for every property~vh-Xtch abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ~l~g~-$~ OF NiW romic No. e'lldC:6181814 e~li.ea Iff Suffo~ county Sworn to before me this Iqrl/ day oft~/,,e/c_ ,200 ~ PLEASE list, on the back of fltis Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. · Complete Items 1, 2, sod 3. Also complete ~em 4 If ~ictad Deliver' is desired. · Print your name and address on the revame . so that w~e~can-mtum-fll~ ce[d_ to.you. · Attach th'~'~r~to the I~ck ~fthe mallpiece, or on the front If space permits; d by ~ ~Y/pted Ne/ne,[ [] Addressee ' C. Date of belJvery~ "l D. Is delivery If YES, enter delivery address b iSe~m Type [] Certified Mai~ [] Express Mai~ Restricted Dellve~ (Ext~ Fee) r- 2. ,Nttcle Number 7006 2150 0004 2218 5409 3811, Februa~ 2004 · · C(~plate Items 1, 2, and 3. Also complete Ifem 4 ~f ~ Dellvmy Is desired.. · Print you~0a~eand address on the reverse so that we can return the cad to you. · Attach this card to the back of the mallplane, or on the fn3nt it spaca permits. 1. Article Addressed to: 2. Article Number (T~nsf~ fn~n sense ~) PS Form 3811, February 2004 Postage Certified Fee Return Receipt Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent TO or PO Box No. $ $5.32 3. Se~ce 'FJpe [] Ce~fled Mall [] E~xaa~ Mail [] Regletemd D Return Receipt for Memhandlse [] Insured Mail r'l C.O.D. 4. Restricted Delive~y? (Extra Fee) [] yes 7006 2150 0004 2218 5386 Domee~ Fletum Receipt Return Receipt Fee r-i (Endomement Required) Restricted Delivery Fee ~ (Endorsement Required) Total Postage & Fees nj C3 Postage CerUfied Fee nj Postage ~ Total Postage & Feet 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 Suffotk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in Newspaper once each week for I week(s), successively, commencing on the said -- 9th day of April, 2009_. /~.~...___ /~.~ Principal Cler~ Sworn to before me this I~ day of~~ 2009. ~ t~a]~,e~t reome~, at ~ Perth's · ~ ~ ~ ~e~ con- C~RIST~NA vOL~NS~ D~, ~n~ ~a ~ ~ 6 ~ ~ ~(~~nof~ pUBLIC-STAlE OF N~W yoRK ~ ~), ~ ~w ~- NOTARY ffl~ ~ ~ ~'s ~ ~ ~ No. O1 .rOb105050 tion'is pro~d ht less ~an the ~-re- QuolJlJed I~ SuffOlk COUntY ~UST by ~ey Za~o ~ 6~. ~- ~ ~_~y dweRing at less ~ 1~, b~ on ~e BuRding ~s (1) si~ ygd less than 10 f~t, (2) total Novem~r 14, 2~ Nofi~ of ~ ~ ygds l~ss ~ ~ feetl ~ ad~ ' p~v~ ~n~g a new s~e-~ a V~ fl requgst for lot ~v~r~s dwel~g{aRgr~mo~onof~e~ ~ ~nio~g 6,8~ square ~t lot cons~on: (1) ~1 e~ed ~e ~- ~t to ~g ~ng Island Sound. 8,711 square f~t lot, ~d (2) ~R ~ ~ 1~ A.M. ~D~W ~d EL~A- B~ G~ENE ~235 (as amended rear ygd setback. ~afi~ of ~: ~). R~uest.for a Va~an~ ~n~r. 2~ ~uth Oakw~ D~w 's~e), at ~ureI, ago sh~ on t~ ~ ~ ~tor's ~rch 20, 2~ Nofi~ of ~ an addition (~nditioned spa~) ~237. R~uest for Va~an~s und~ ~- · · ' tions 2~-15C and 2~116A(1), ~ ~ ~s ~an thg ~-rgq~ed 20 ft. m~- 2~ Notice of~D~a~r°val con~ ~ ~om ~ side yard. (~e applier quest for a Variance ~der Section ~ ~OHES ~2~ (Continued He~- 10:35 A.M. DAVID BERWALD ~ s~onddweRing~t, and(2) it~nta~ . ~an the c~e r~uked ~: (a) ~fore the conclusion of each he~g. (c) setback less ~ 1~ feet to ~e bluff renew d~g teg~ b~es~ hours ad~fion, a v~ance h requested for lot hiw qugs~o~ p~ do not ~ of ~: 15~ ~ua~ew Ay- Dat~: ApriI6,~- HOLD'G, INC. ~d EDUCA~ON' ~AI~ ~O~ ~US~Y BOA~ FOR 54375 M~ Road (Offi~ ~afion) ~ ELE~IC~ ~USTRY 53~5 M~oad (~il~S~) ~ ~ ~~ ~-lT 4~9 t~e adja~m m L.I. ~ ~ _~L~ ~ q~ ~e follo~g, basgd on the BaRd- ~G BO~ O[ APP~ ~. ~tor's ~en~ ~o~r 20. ~AY, ~ ~ ~ ~ No~e of ~PPr~: pU~C ~A~G ' (a) Va~ undg ~n~g ~ ~' To~ ~d~ ~apter ~ (~n~g),T°~ ing. w~ ~R ~x~ ~e c~e h~fion ~ ~ held by ~ SO~OLD ~ (b) S~ Ex~tion under ~N~O BOA~ ~F APPEA~ at ~e ~fion ~35B t~ cons~ct ~d ~e To~ ~, 5~ ~ R~d, EO. estab~h ug ~ a ~eren~ f~ty ~59, on ~DAY,~ ~, 2~ ~; ~d ~ A~. ~A~OS ~d (c) S~I ~U~ ~dg ~g ~y~ KATSO~AS ~ ~70. Re- ~e ~on ~B ~n~g a~ W~) b~ on ~e BuRd~g ~'s 11:10 A~. E~C~U~ ~ 6269. whic~ new ~ ~ ~nsfim~ approval~Pr°~d ~ ~ ~ ~e ~ o[ ~nt ~ s~on (s~ ~1) w~ ~.~u~t f~ a S~I E~Uoa W~w ~v~ ~i~, adja~nt to 13B(14) for ~bli~em of ~ A~ ~ ~ ~ ~l ~ ~- '~e c~" ~qY dwc~ on ~e B~g ~or s ~to~ ~, THURSDAY, APRIL of lodging (two guest bedrooms) and Sworn to before me this casual, tsami~t ~ at ~/~tty~s Drive, Osiang. a/k/a aa Lot'6 on the 9:50 A.M. ROBERT and BETH ANELLO ~6242. Request fat Variances under Sections 280-124, 280-122 and ZBA Code Interprelation under R. Wala 1~039, besed on the Building Inspector's ~mded October 29,2008 Nnfice of Dis- approval. New c~nsUucti0n is proposed a~ additions.and alterations to the exist- in~ sis~,~imify dwelling at less than the c~d~-requlred minimuxu conCerning: (1) side yard less than 10 feet, (2) t~tal side yards less than 25 feet. In addition a Variance is request for lot coverage ~g the code limitation of 20% on il~ nol~onforming 6,825 square fuot lot located at 1980 Leeton Drive, Southold, ed~ to the Long Island Sound. 10:05 A.M. ANDREW and ELIZA- ~ GREENE ~6235 (as amended ~24t09). Request for a Variance Under Code Section 28044, based on the Binld- lng Inspector's March 20, 2008 Notice of Disapproval concerning an amended a~tion for a building permit to con- stm~ an addition (conditioned space). to alla~ the as-built construction to the dn~ling, which as-buth construction will be less than the code-required 20 ft. min- unlama from the side yard, (The applicant withdraw the previous request for an a~e~ao~y building with noi~-pennirted ~). LOcation of Property: 30653 C.R. 48 (a/k/a Middle Road or North Road), Peconie; Crlv173-4-5. 10:20 A.M. PETER BACCILE and KATHERINE BACCILE ~6266. Re- quest for a Variance Under Section 280- 15 based on the Building lnspector'~ October 16, 2008 Notice of Disapproval concerning a proposed accessory garage- storage building proposed in a side yard lo?ation at Equestrian Avenue (north/ east of Oceanview Avenue), Fishers Is- land; CTM 1000-9-3-11. 10:35 A.M. DAVID BERWALD # 6250. Request for Variances under Sec- tions 280-124 and 280-116A(1) based on the Building Inspector's NovEmber 10, 2008 Notice of Disapproval concern- ing proposed new dwelling construction (after demolitiun of the existing dwe0- ing). The new construction will be less than the code required minimum: (a) sihgle side yard at less than 10 fee~, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. Ia addition, a variance is requested for lot c~)verage in excess of the code limitation of 20 percent of th6 lot size after deddet- hag land area below the top of blu~ Lo- caffon of Property: 1525 Aquavie~v Av- enue, East Marion; CTM Parcel 22-2-3. 10:50 A.M. E and C PROPERTY HOLDING, INC. and EDUCATION- AL & CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY ~6245 (former owner: Demetslades~ Santorlni Restaurant/Motel). Location of Property: 38~0 Duck polad tchogue adjacent to L.L Sound, CrM P~.e_ t 1000-83-2-17.3. The applicant re- quests the following, based on the Build- ing. Inspector's amended October 20, 2008 Notice of Disapproval: (a) Variance under Zoning Code Sec- tion 280-36 based on an application for a building permit to construct a new build- lng which wig exceed the code limitation (b) Special ExcePtion under Zo~ug Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes; and (c) Special ExCeption under Zoinng Code Section 280-35B concerning built Motel units in former accessory poorhouse building. ll:10 A.M. ERIC McCLURE # 6269. Request for Variances under Section 280-124 based on the Building Inspec- tor's November 24, 2008 Notice of. Dis- approval concerning proposed deck con- struction (surrounding pool) which will be less than the code requited minimum single side yard setback of 15 feet and · ~ined side yards of 35 feet, after removal of an existing Preexisting deck, at 435 Long Creek; CTM Parcel # 139-1-23. tions 280-15C, 280-18, 280-116B, based Principal Clerk con- CHRtSIINA VOL~NSKI ~(~~nof~ tion'is proposed ht less than the code-m- quired minimum: (a) less than 50-f~et the front yard setback and (b) 75 feet from the bulkhead. ~ Property: 1134 Bridge Lane, Cu~d~ae; CTM Parcel lt~0-118-1-9 adj~ Wunneweta Pond. TRUST by Carey Zagurino # 6~/. 124, based on the Building ~ Nove~b~[ 14, 2008 Notice of ' pmval concerning a new single-~l~lak~, dwelling (after demolition of the building), for the reasons that the new construction: (1) will exceed thc c~le- limitation of 20% lot coverage on 8,711 square fogt lot, and (2) wig be than the cede-required 35 ft. miai~nMm rear yard setback. Location of Prolmrty: 200 South Oakwood Drive (we~esiy 'side), at Laurel, also shown on the Mn~ of Laurel Park as Lot 15 and pert o{ 16; CTM 1000-145=3-3A. 1:30 I~M. GEORGE YATRAI~lS ~6237. Request for Variances unde~ tions 280-15C and 280-116A(1), applicant's amended application and the Building lnspept0r's amended April 3, 2009 Notice of Disapproval cunc~ a proposed dwelling with trellis addison and swimming pool construction at than 100 feet from the top of the bluif ok bank on lots adjacenf to the L.I. Sound, at 18805 Soundview Avenue, ~outhald; 1:50 EM. MICHAEL and THERESE · HUGHES #6236 (Continued Head- lng). Request for Variances under Sec- tions 280-4 and 280-12, based upon an application for a building permit and the Building I~p~ctor's September 22, 2008 Notie6 of Disapproval stating that the as-built mobile home is not permit- ted for two reasons: (1) it constitutes a second dwelling unit, and (2) it contains less than 850 square feet Of living area. Location of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each bearing will nut 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 cotitact our office at (631) 765-1809, aY by e-mail: Linda. Kowalski@Town. Seuthotd.ny.us. Dated: April 6, 2009. ZONING BOARD OF APPEALS GERARD' E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main_]~oad (Maiilng/USPS) Ea. Box I179 Southold,NY 11971-0959 NOTARY pUBLiC-STATE OF NEW yORK No. 01 -V06105050 Qualified In Suffolk county 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 Fnx 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto://southtown.nor thfork.net ,~lL 3,2009 Re: Town Code Chapter 55 - Public.Notices for Thursday, April 23, 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 April 7tl~ Please send the ~bclosed Legal Notice, with both a Cover Letter including your telephone number and a, cop~ of your Survey or Site Plan (filed with this application) which shows the · new constm(!tion'~area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all~ owners of property (tax map with property numbers enclosed), vacant' or improved, which abuts and any property which is across from any public or private, street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. I[ any letter is returned to you undeliverable, you are requested to make.other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best.of your ability, and to confirm how arrangements were made in either ar wdtten statement, or durinq the hear n.q, prov din.q the returned letter to us as soon as possible; AND not later than April 9,th: 'Please*either mail or deliver to our office your Affidavit of Mailinq (form enclosed) w!~h parcel numbers; names and addresses noted, and furnish it to our office with the whi~ receipts'P°stmarked by the Post Office. When the green slgnatur,e cards are returned to yo~Iby the Post Office, please mail or deliver them to hs before the Scheduled hearing. If any sig~'ature card is not returned please advise the Board dur ng the hearing and provide the card (~}3e,n available). These w be kept in the permanent record as proof ~f all NOtices. 2) Not Later April 13th: 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 plaice 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 Postinq for receipt by our office on April 16, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for.your cooperat on. (PLEASE DISPLAY YOUR HOUSE N UMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME DRO , MADELINE #6267 MAP # 14-2-24 VARIANCE SPECIAL EXCEPTION REQUEST ACCESSORY BED & BREAKFAST DATE: THURS, APRIL 23, 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 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 PUBLIC HEARIN(~S OTICE IS HEREBY GIVEN, pursu ant to Section 267 of thg Town Law anti Town Code Chapter 280 (Zoualg),Town of Southold. the followin~ public hearine will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road. EO. Box 1179, Southold, New York 11971- 0959. on THURSDAY. MAY 28. 2009: 9:40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTY g 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 apart- ment (without a permit).The Cer)ificate of Occupancy for the existing single- family dwelling was issued May 31,2007. and Section 2g0-13(m) state~ that the building must bare a valid Certificate of Occupancy issued prior to January 1. 1984. or proof of occupancy prior to that date. Location of Property: 42205 Coun- ty Road 4g (fdk/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 9:50 A.M. LUKE LICALZI g6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under Sections 280q5-F and 280-122, based on th~ Building Inspector's revised February ~3, 20Q~9 Notice of Disapproval concern- mg proposed additions and alterations to the existing accessory' structure and concerning the accessory building (as- built pool house) which are not permit- ted, for the following 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 front yard on this water- front parcel; b) create an increase in the degree of day of ~,,-."" 2009. d bIOTA~¥ i,'{!~l P,2-~iA'~ q3~ N~W YORK the setback to the side property line at feet ~vill exceed the code limitation of less than the code required minimum of 20%. 15 feet on this 58,519 square foot lot: c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built construction is In a sloe yarn. where the code permits a location m a rear yard or front yard on this water- front parcel· 10.'05 A.M. STANLEY and CHRIS- TINE MALON g 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue; CFM 1000-13%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 Building Inspector's November 5, 2008 Notice of Disapproval concermng a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 squa[e feet for lots up to 20,000 square feet in area, (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 feet, (5) the setback wi0 be six (6) feet in- stead of the code required minimum of 20 feet. 10-.20 A.M. WILL1AM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1). based on the Building Inspector's Oc- tober I~, 2008 Notice of Disapproval concerning an application for a buildipg permit to construct additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; C'TM 1000-73-2-3.1. 10-30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice 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 on lotal (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Drive, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINI~A GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15, 2008.amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%~ at 9480 Nassau Point Road, Cutcbogue: CFM 1000-118-6-7 (adjacent to Peconic Bay). 11'.25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Prop erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-Z Requests for Variances under Sections 280-116 and 280 124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap proving the application are: (I) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (b~th sides)} (3) the rear yard setback will be less than 35 feet h'om the property line; (4) the setback to the bulkhead will 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 1:10 EM. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1}, based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition ano alterations to the eyasQng dwelling with 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 I000-30-2-53, /~267. (Pending attendance by owner/ · t 4 Principal Clerk Sworn to before me this day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,,2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the followine public hearine will be held by the SOUTHOLD TOWN on total (both) side yard setbacks, and ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, I~O. Box 1179, Southold. New York 11971 0959, on THURSDAY. MAY 28. 2009: 9:~0 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTT g 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 apart- ment (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 L at less than 75 feet from the bulkhead, at 150 West Shore Dri~e, Southold; CTM 1000-80 5 5,1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and L1NDA GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December ] 5, 2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue; CIM 1000-118-6-7 (adjacent to Peconic 1984, or proof of occupancy prior to that Bay), date. Location of Property: 42205 Coun~ ty Road 48 (a/k/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 9'.50 A.M. LUKE LICALZI g6280. Location of Property: 2105 Calves Neck Road, Southold: CTM 1000-70-4-46.1. Requests for Variances under Sectio0s 280-15-F and 280-122, based on the Building Inspector's revised February 23, 20~ Notice of Disapproval concern- ing proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted. for the following 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 front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the where the code permits a location in a rear yard or front yard on this water- front parcel. 10~5 A.I~L STANLEY and CHRIS- 'fINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-1374-33.1. 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 Building Inspector's November 5, 2008 Notice Of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16.059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 square feet for lots up to 20,000 square feet in area, (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 will be six (6) feet in- stead of the code required minimum of 20 feet. 10:20 A.M. WILLIAM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober 15, 2008 Notice of Disapproval concerning an application for a building tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound. at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2-3.1. 10'30 A.M. KENNETH MARL- BOROUGH g 6279. Request for a Vari- ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication for a building permit to locate 0rely in a rear yard. at 95 Strohson Road at Little Neck Road. Cutchogue; CTM 1000 103-10-15. 11:00 A.M. VINCENT AND LAU- RA MANETTI g6278. 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 dwelling. The reasons stated for :iisapproving the building permit appli- 11:/5 A.M. JOHN and KATHLEEN BERKERY g 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond): CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Build lng Inspectoffs January 15. 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling· The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (b~th sides)'; (3) the rear yard setback will be less than 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 ~vil[ exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition ann alterations to tl~e exmtmg dwelhng with 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; CFM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE ~67. (Pending attendance by owner/ applicant). Request~ for a Special Ex- ception in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgin, g (two guest bedroo~as) with serving ol breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive, Orient, a/k/a as Lot 6 on the filed Map of Perry's Bight; CTM Parcel #100Q-14-2-24. l~10 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspec- toffs January 14, 2009 revised Notice of Disapproval concerning a proposed rear 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 feet and lot coverage exceeding the code limita- tion of 20°,0, at 195 Village Lane, Orient; The Board of Appeals wi0 hear all persons, or their repthsenta0ves, desir- ing to be 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 (63.1) 765-1809, or by email: Linda. Kowalski@ Town.Southold.ny. us. Dated: May 7, 2009. ZON1NG BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSIO 54375 Main Road (Office Location) 53095 Main Road (MailingFtJSPS) P.O. Box 1179 Soufhold, NY 11971.0959 " td~,¥ 21 200g [ OOUNTY OF !