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HomeMy WebLinkAbout6380 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINA~~. ~ MEETING OF JULY 29, 2010 ZBA FILE: #6380 NAME OF APPLICANT: Thomas and Nancy Spurge PROPERTY LOCATION: 3273 Manhasset Rd, Greenport SCTM# 1000-43-01-09 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION' The subject property is improved with a single-family dwelling and accessory shed. It is a non-conforming 9,835.66 sq, ft. lot in the R-40 zone district. It has frontage of 108.66 feet on a 50 foot right of way, 107.57 feet along the southern property line, 76.57 feet along the western property line and 100 feet along the northern property line as shown on a site plan dated, 2/16/10, by Fairweather-Brown Design Assoc. BASIS OF APF'LIGATIOhI: Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, Notice of Disapproval concerning "as built" deck addition at less than the code required front yard setback of 35 feet at; 3273 Manhasset Rd., Greenport, NY. RELIEF REQUESTED: The applicant proposes to maintain an "as-built" deck with a proposed 24.2 foot front yard setback from a fight-of-way, as shown on the site plan prepared by Robert Brown, R.A., dated 02/16/2010. ADDITIONAL INFORMATION: The applicant's parcel has ingress and egress via a 50 foot right-of-way which abuts the parcel's eastern property line and continues northerly along other parcels. This right-of-way creates the front yard for this parcel. This right-of-way, beyond the applicant's parcel, is not improved for vehicular use and has mature trees and is heavily vegetated. Under ZBA appeal #835, the applicant was required, as a condition, to improve this right-of-way up to the parcel's southern property line, this condition has been met. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 30, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2- July 29, 2010 ZBA File#6380 - Thomas and Nancy Spurge CTM: 1000-43-1-9 On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3){b)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "as-built" deck and its size is a common feature to dwellings in this neighborhood. There is no visible impact on other nearby properties, which are screened from view by mature vegetation. 2. Town Law §267-b(3)(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the size of the parcel and Code required setbacks, there is no location on the front of the dwelling where the applicant may propose a deck addition that would not require an area variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial requiring a 31% variance to the code required 35 foot front yard setback. However the granting of the variance is not substantial when considering the additional area created by the unimproved right-of-way creating a visual condition of a greater setback to the "as-built" deck. 4. Town Law §267-b(3){b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are no drainage issued on this property. The dwelling is located on a private right of way with minimal vehicular traffic. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The placement of the dwelling to the right of way did not allow for any additions to the front of the dwelling without variances, the deck provides access to the entry of the house. However, the right of way is private and accessed only by the applicant and two or three other homeowners. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as-built" deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Site Plan and Elevation Drawing, titled: Spurge, prepared 02/16/2010 by Fairweather - Brown, Design Associates, Greenport. Conditions: The "as-built" deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 - July 29, 2010 ZBA File#6380 - Thomas and Nancy Spurg¢ kote of the Board: Ayes: Members Goehringer, Dinizio, Homing, Schneider. (Absent was: Member 19'eisman (Chairman)) This Resolution was duly adopted (4 -0). L 'e anes Weisman, Chairperson Approved for filing ~ / ~ /2010 RECEIVED Southold Town Cler~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 20, 2009 Updated: February 18, 2010 Thomas Spurge C/O Fairweather-Brown Assoc. 205 Bay Ave. Greenport, NY 11944 Please take notice that your application dated November 13, 2009: Permit for as built deck addition on existing single-family dwelling at: LOcation of property: 3273 Manhasset Rd., Greenport, NY County Tax Map No. 1000 - Section 43 Block 1_ Lot 9 Is returned herewith and disapproved on the following grounds: The as built deck addition to the existing single family dwelling, on this non-conforming 9835.6 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming tots, measuring less than 20,000 square feet in total size, require a front yard Setback of 35 feet. The site plan shows a front yard setback of 24.2 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. N Z Z N845osO'50"E BADFD DESCR.IDFD PROPERTY' 51TUATE NEAP-, GR.EENPOR.T, TOWN OF ~OUTHOLD DUFFOLI<, COUNTY, N.Y. TAX MAt=' NO. 1000-043-0 I 5UR.VEYED FOR. THOM,&5 5FUR.GE AND NANCY DPUR.GF 5UR.VEYED FEB. 07, 2000 AP-J~A = 9,835.G58 OR 0.22G ACP-J~5 5URVE'rl%) STANLEY J,15AKSEN, JR. SITE PLAN N / F CLAVIN 5CALF: I ": 20'-0" I00.00' pAVEP-- '.D ON 2,,,' NG ExIsTi I 5TORY woOD FRAME RED. REVI! SEE DECI$ DATED ~' /~,~ ~FR'ED 2ND FLOOR ADD~TION iO'50'NV 15.80' '4 / F KLEIN (~) DJ,ST. pROM iRON 5PURGE 02/I G/2010 FAI P-,,WEAT H ER-BROWN DESIGN A550CIATES,INC. 205 BAY AVENUE GREENPORT, N.Y. I 1944 1-477-9752 (Fax) G31-477-0973 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ ~C~ Filed By: ~,.-- ]~/~4-~.66,~. Date Assigned/Assignment NO. Office Notes: SCTM 1000 Section__.~Block.~Lot(s) q Lot Size ~g,.~ ~. 6, Zone I (WE) APPEAL THE WRITTEN DETERMINATION .OF THE BUILDING INSPECTOR DATED II1'~ ]OC~ BASED ON MAP DATED o~//6//o Applicant(s)/Owder(s): D~I ~LV~ ~.~ NOTE: In addition to the above, please complete below if application is signed by applicant's attm'ney, agent, n~chitect, builder, contract Name Agent's Address: Owner, or ( ) Other: Telephone /-~ '~ - ~ '7 ~,q.~ Fax#: Please check box to specify who you w'~(h correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING IN~PE~ETOR REVIEWED MAP DATED AN APPLICATION DATED Il J~ ~Jo~ FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy ~pehange of Use rmit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quot.~ the code.) Article )~ Xll { Section 280- ] ~-~ Subsection Type of A~ppeal. 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. 13 Interpretation of the Town Code, Article Section ~3 Reversal or Other / A prLor ~ppeal ~(has, ~q~as .~,, ,,~n made at any time with resnect to this uronertv. UNDER Appeal No. ~' Year/ff~ . (Please be sure to research before completing this ques~on or call our office for assistance.) Name of Owner: ZBA File # ~9'~ ~(~) REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARL4NCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The var~n~ ~ N~ have an adve~e effe~ or impact on the physical or ~onmental condi~ons in ~e nei~borhood or ~strict because: / (5) Has the alleged difficulty been self-created? (v~es, or ( )No. Ar ere ovena.. .c.o. Th~ is the ~I~M that is necessa~ and adequate, and at the same time pr~e~e and prote~ the character of the ne~hborho~ and the heal~, safe~, and welfare of the communi~. Check this box ( ) IF .4 USE VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE .4TT.4CHED USE V~I`4JVCE SHEET: (Please be sure to consalt your atto~ Slgna t or Authorized Agent (Agent must subtth~ written Authorization from Owner) Sworn to before Not~/P](blic NOVEMeEn3,20? APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: C) II. New Construction Areas (New Dwelling or ~Additions/Extensions): Dimensions of first floor extension: ~ Dimensions of new second floor: J Dimensions of floor above second lev~.. Height (from finished ground to toff ri~lgc): Is basement or lowest floor are)26eing constructed? If yes, please provide height (above ground) measured from naturalp~sting grade to first floor: HI. Proposed Construction Description (Alte~ons or Structural Changes) (attach extra sheet if necessary) - Please describe~filding areas: Number of Floors and General Charac~i~ics BEFORE Alterations: Number of Floors and Change~'~rITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Square footage of your lot: c~ ~ .~,.~,/~ Percentageofcoverageofyourlotbybuildingarea: .q, ffT./~ ~ 3-, .~ ~/° .f~' bede_. TMt~[ v. PurposeorNcwCoustruction: . ;?% VI. Please describe thc land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meetin~ the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered w~.th yard view. 712002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject/premises listed on the real estate market for sale? [~ Yes ~9~No Arff/there any proposals to change or alter land contours? B. ~ No E Yes, please explain on attached sheet. 1) Are there areas that contain sanjbor wetland grasses? ~ 2) Are these areas shown on ~[~map submitted with this application?. 3) Is the property bulkhea~ between the wetlands area and the upland building area? 4) If your prope ~. ntains wetlands or pond areas, have you contacted the office of the Town Tmstees.~r. its determination of jurisdiction? __ ~Please confmn status of your inquky or a~. i. cafion with the Trustees: and if issued, please attach copies ofperm~ ~ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean see level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submittin,g,? o]e.5 (Please show area of these structures on a diagram if any exist. Or state' none"ton the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Buildi_~ng Department and describe: ~5~,/~O'~, ~e/nd~t~ ~- ff~: ~ .~0-~o ~ /zjzz/°7 G. Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel __ __ __ and proposed use ~a.'~d~,~'~.~ (exaraples: existing: single-family; proposed: same with garage $~pool, or olher desclipfion.~ I Au~l~rized'Sj~aature and Date 2/05; 1/07 61%20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be comp]eted by Applicant or Project sponsor) · 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LC~,,ATION: SEQR 5. I$ PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF e. WILL PRO~ION OOM~y ~H 10. ~ A~ON INVOLV~ a P~ ~ROVAL OR ~N~ N~ OR UL~MA~Y ~M A~ ~H~ ~M~ AG~ (F~E~ STA~ OR LO~ 11. I~,OE~ ANY '~$PEC~T OF THE ACTION HAVE A ~R~Y V~D ~ ~ ~AL~ '" ~ Y~ ~ ~ If ~ II~t ~ ~ ~ ~i~ If the action i In the Coastal Area, and you am a state agenw, complete the Coastal Assessment Form bolero proceeding with thla assessment ttt OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATEO WITH THE FOLLOWING: IA~wer$ may ~3e nanaw. Uen. il legiotel C7. Or,let Impacts iincluding cha. nge$ in use of either <3u&ntity ~r ty~e ol erlefgy)? EzDtain i~tietly. WILL TH~ 'P~LO,~ECT HAVE AN IMPACT ON THE ENVIRONMENTAL ~HARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CE~? r'~ Yes [] No IS TNER~:"'~R' ~S THERE UKELY TO 8~ CONTR~ERSY RE~T~ TO ~TE~IAL ADVERSE ENVI~NMENTAL IMPACTS? ~ Yes ~ NO If Y~, ~p~ain ~fly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Iclentlfled at~ove, determine whether it.i~ subatanttaJ, large, important or otherwise significant. Each effect shoutd 13e aseeseed in CORReCtion with Its (a) setting (i.e. urban or rural); ~) pmhal)ility of occurring; (c) duratioc; (d) irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exolanations contain sulficient detail 1o s}lovs that all relevant adverse impacts have been identified and adequately addresse~. question D of Part II was checked yes, the determination and significance must evaluate the potenflat impact of the proposed actior~ on the envi¢onmental characteristics of tile CEA. [] Check this box if you have identified one or more potentially la.~ge or significant adverse inl'~,~cts which MAY occur. Then proceed directly to the FULL FAF an~/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adveme environmental impacts AND provide on sttachments as necessa~, the reasons supporting this determination: Date ZONING BOARD OF ~PPEAL$ TOWN OF SOUTHOLD ' .......... of t~e Zonh~ Ordinance, and the decision of th.. B~ild/n~ I~pec~or ( ~ be reversed ( ~ be ~,,, 130 ~t, &ftor AnveetlV&tA~ end ~uepe~%ce the ~d f~ ~ Bu&l. dlJ~g Inspector, Touu of Jouthold. Page 1 spurge Google Earth: Directions 2/2/2010 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT .(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35235 Z Date DECEMBER 22, 2009 Permission is hereby granted to: NANCY M SPURGE 63 NEW MILL RD SMITHTOWN,NY 11787 for : 1ST FLOOR INTERIOR ALTERATIONS TO DWELLING & 2ND FLOOR ADDITION AS APPLIED FOR at premises located at County Tax Map No. 473889 Section 043 pursuant to application dated NOVEMBER Building Inspector to expire on JUNE 3273 MANHANSET AVE GREENPORT Block 0001 Lot No. 009 12, 2009 a_nd approved by the 22, 2011. Fee $ 372.80 Authorized Signature COPY Rev. 5~8/02 AUTHORIZATION (where applicant is not the owner) RECEIVED residingat ~ ~36~0 ~331 [/]~,~ ~OARD OF APPEAL~ (mailing address) do hereby authorize Amy K. Martin, or other of Fairweather-Brown Design Associates, Inc. to act as my agent to apply for all permits necessary for the proposed work to be performed at ~7~ ~D~//3&~r~%g~ ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, fi?st n~me, mida~e 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 4- Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO / Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of ,~ ~'~ ~ Signature: C~'~[~_~/ ~/~..-~/~/z ~ Print Name: 1[/24/20e9 17:68 63i4770973 F~IEI~THER BRDk~N 02 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart 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.) Tax Grievance Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption fi~om Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or enid) 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 ownemhip of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO t/" Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted Sigr t e: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics urohibits conflicts of interest on the ~art 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.) Tax Grievance Variance --~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of thc 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 Submitted this /.r~ d~af ~/.~.~ ~W/L~ Signature: ~rOr~ (])~.~o~% Print Name.'~ ~ q ~ ff)~R T-/~(J / TOWN OF Sou'rtlOLD BUILDING DEPARTMENT TO~:'~L . $OUTHoLi), NY TEL: (631) 76~-1502 FAX: (631) 76~-9502 SoutholdTown.NorthFork. net Examined Approved Disapproved We PERMIT NO. BUILDING PER/VIIT APPLICATION CHECKLIST Do you have or need the following, before applying? .... Board of Headth , 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N-Y.$.D.E.C. Trustees Flood Permit Storm-Water Assessment Fo~.~ Contact: Ma to:. Phone:: Expiration Building Inspector 2ATION FOR BUILDING PERMIT Date INSTRUCTIONS BLDG. DEPT. TOWN OF SOUTHOLO a.' ms appncanon ~U~! ye eompletej ~. filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, ac ~cm'ate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises relationshio *~ .a-_: · . areas, and waterways. , ~ to auautmug prermses or public streets or c. The work covered by this application may not d. Upon approval of this application, the be commenced before issuance of Building Permit. Building Inspector will issue a Building Pm'mit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. · e. No building shall be Qcoupjed or used in whole or in part for any purJ?ose what s~ ever until th~ Building Inspector issues a Certificate of Occupancy: ' ' . · f. Every building permit shall.expire if the work authorized has ' · . not commenced, .w~thin 12 months a~er the date of ~ssuance or has not been completed wathin 18 months fi.om such date. If no zoning amendments or other regulations affecting the property have b~en enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the censlruction of buildings, ' · - . . additmns, or alterauous or for removal or damolitzon as herein descn'bed. The applicant agrees to comply with all applicable laws, ordlnaqces' buildin code ho authorized inspectors on pmmiees and in b,,;m:-~ :- . :g , using code, and regulations, and to admit ,.~mag xor lleeossary lospectlol~s. ( 8nature. of applicant or name, ifa corporation) State whether applicant is owner, lessee, ,ge~~gineer, general contracto0~r,iling address of applicant, eleclrician, plumber or builder Nameofownerofpremises ~5 d ~ ~ ~j (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer .~ ame and rifle of corporate officer) Builders License No. Plumbers License No.. Electricians License No. Other Trade's License No. 1. Loca~n of land on which proposed work will be done: ' House Number S~'eet ,. Hamlet County Tax Map No. 1000 Secfion~O4'l/'~5 Block 0 / Subdivision Filed~Map No.. Lot ~? Lot State existing use and occupancy of premises and intended use and occupancy of proposed coustructiom a. Existing use and occupancy _ ,~ ~C:f~ b. Intended use and ocCUpancY ~¢:/~- Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost If dwelling, re,tuber of dwelling traits If garage, number of cars Fee Addition Alteration Other Work ~[jF//~ ~ (Description) (To be tiaid on filing this application) Ntmaber of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensious of existing struCtUres, if any: Front [ ~ Rear [7~- ! Height Number of Stories Depth Dimensions of same structure with alterations or additions: Front Depth Height. 8. Dirnensious of entire new construction: Front .Rea~ · Depth '; . Height,, Number of Stodes , -" (Og. ~/,e Rear '7(~ ,S Depth 9. Size of lot: From Number of Stories · Rear · 06 t 10. Date of Purchase .Name of Former Owner. 1 l. Zone or use district in which premises are situated ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~'//NO. 13. Will lot be re-graded7 YES __ NO ~'"~ill excess fill be removed from premises? YES. NO ~ 14' Names ° f Owner °f pr,e-Ipises"'f~,, 5 ~C/(Z~ Address ~'tqt fOT'o~0*,l Phone No. Name of Architect ~,/-'6t~T 1E~ 1~, Address ~ ~ ~A'q ,~ ~/'.~Phone No q 7 7. q7 ~" ).. Name of Contractor Address ' Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO~ * ~ ~ s_om'a. %q .T9 ~ViN. ~ ~U.S~.~.S & D.~.C. Pm,~rS MAy ,~ ~QUmeD · m~ property witmn ~ou Ieet o~ a tidal wetland? * YES NO l/ ' * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 6 · i ........ : ........... ' ........... 1 . Prov]d~ survey, fl~'~l:ate, with ~tcctwate ~undation plan and distances to property lines ! ~ .... : '"- ....... , I ' 17. If eleva~o~ itt any point on proper~ is a! 10 feet or below, must provide topographical data'on survey. 18. Are them any covenants and mstricti0us with respect to this property? * YES NO ~/ * IF YES, PROVIDE A COPY~ :: · co . ~ l~d~.l being duly sworn, deposes and says that (s)he is the applicant (Name of individual si~ning contract) above named, (S) e is the (C~htm¢ior, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be ./rmed in the manner set forth in the application filed therewith. ' before rne thig~ ~ ~,. e~y or I.,UO0~20 0~ ~ , / - Notav/.P. ublioCl,~a~o~eW 1o" ' ~ ~,gnature orApplieant / (lual?fi°~duin Suffolk Count'/ (. Commission Exph'es D~. 3t,200~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ~-~0 '~ //'~---20"- FORMER ~ND IMP. STREET FARM VILLAGE DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING TOTAL DATE /50 .~o o (~AGE NEW' Z2~ o O o ~ ~:x~"~O BI .DING BELOW /,7¸ NORMAL ABOVE Farm Acre Value Per Acre Value Tilbble Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Toro I _ ~ Foa'ndation i ~! ~ i ~ ~.~.... h,~"r~ ,.. ~___ _~ ~__ ~-- ~ Extension '~ ~ ~'~ ~O~ Basement [ ,~ Fl~rs ~) Extension ~ ~z~2~ --. ~t. Walls Y~' ~ Interior Finish Extension Fire PI '~ ~ .... '--'~> . ~ ~ ~ Porch Atti~ (~x~ Breezeway I~ ~ I~= iq2 '~ ". ......... ~ ~ Patio Rooms 2nd Floor Ga rage Driveway ~ l ~~t~ .......................... ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRJXR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o 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 'FO: FROM: DATE: RE: Southold Town Board of Appeals Elizabeth A Neville March 9, 2010 Zoning Board of Appeals - 6380 Transmitted herewith is Zoning Appeals No. 3680 Spurge, Nancy & Thomas - the Application to the Southold Town Zoning Board of Appeals for Variance. Also transmitted are applicants project description, questionnaire for filing with ZBA application, Notice of Disapproval updated 2/18/10, two (2) site plan copies, elevations by Fairweather Brown, survey of property, SEQR SEAF, agricultural data statement, action of the ZBA dated 4/21/66- 2 pages, 4 pages of photos, building permit 35235Z dated 12/22/09, applicant transactional disclosure form Nancy Spurge & Robert Brown & Amy Martin & Thomas Spurge, owner authorization, application for building permit dated 11/9/09, and double sided Town property card. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/09/10 * * * RECEIPT * * * Receipt#: 73736 Transaction(s): 1 1 Application Fees Reference Subtotal 6380 $400.00 Cash Total Paid: $400.00 Name: Spurge, Nancy 3273 Manhanset Ave. Greenport, N.Y. 11944 Clerk ID: LYNDAR Internal ID: 6380 AUTHORIZATION (~'~e~ applicant is not the owner) residing al _ __. (mailing address) do b. crcby authoriz~ ~ or othcr of Fatrweathcr-Brown Design Associates, lnc, ~ ~t aa my agent to apply for ~l per.ts ne~ssa~ for ~e ~p~sed work to be g~rfo~ at 03-33--IC:07:C2P~l;:GS Miliwcrk 1831477C73 ;1212240587 ~ 2/ :? APPL ICANT TRANSACTIONAL DI $CLOSUI~. FORM (FOR ~UBMI~ION BY O~ ~dO~ER'$ 'i've Town of Sea. It's Code ofE~k~ ~ohlbl~ ~ict~ of ia~m~ ou ~e n~t of To~ and ~v~oy~es. ~e D~DO~e of ~is ~m is ~ pmvidc lnfor~on, whioh c~ ~ ~ Town of posalb]~ oonflio~ of lntgest ~d ~low it to t~e what~ ~tion is aeces~ ~ avoid .......................... ~ n~8, fl~ n~ midge i~, u~ you ~ ~pl~ ~ ~e of semele el~e m o~r ~nS~, ~ ~ ~ ~ompa~. If so, indi~ ~e NATUR R OF APPLICATION: (Check ali ~hat ~ply.) Orleva~c~ Verience __?. ..... If "O~her", the a~ivit-/:___. _ ..................... Cha~e of ?~or~ A;g,~ovsl of Plat _ Rxempd~ f~om Plat or Official My Do you per,,.~oually, (or garough your company, spouse, sibling, parent, or child) have a relationship wiflt any offioer or employee of the Town of Sotlthold? "Relationship" includeS by blood. marriage, or business hltere.~t. "Business interCSl' tug.ns a bo.,in~s, ir~cluding a parl~ersMp, in which the To~ officer or employcc has even ~ partial ownership of (or employmcnl by) a corporation ia which the Town offic~ or employee owns morc than $% of the sh~res. NO Complete ~he balanc~ of this .corm ~d d~t~ ami sign b~iow whcr~ iMic..at~i, Name ofpersou employed bythe Town of Sou~old: Title or position of that person:. Describe ~ relationship be~een you~lf (~e ~li~nt) and the Town officer or cmpt~. Ei~ check ~ appm~ata lins A ~ough D ~[ow) ~ de~ib~ the ~lations~p in ~ space p~vld~. l~e Town o~c~r or ~ploy~e ~ his or her s~, stb~g, apply); A) the o~=er org~er t~ s% of the shares of~ ou~ratc oft~ lpp~c~l (w~ ~ ~plto~t Is a B) th~ legfl or bengfioiN o~e~ of any ~e~t ~ a (when ~e ~lica~ Is not a co~oralion); C) an officer, direly, p~r, or employee of the ~plic~t; or D) ~e ~t~l applier. DESCRIPTION OF RELATIONSH1 P Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30~ 2010: 10:50 A.M. THOMAS and NANCY M. SPURGE #6380. Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, Notice of Disapproval concerning "as built" deck addition at less than the code required front yard setback of 35 feet at; 3273Manhasset Rd., Greenport, NY. SCTM#1000-43-1-9. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth~,Town. Southold.ny.us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1, 2010 Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al__[I owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin,q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 22st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before June 28th, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Spurge, N. # 6380 MAP #: 1000-43-1-9 VARIANCE: SETBACK REQUEST: AS BUILT D K DATE: WED., JUNE 30, 2010 10:50 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 17th day of June, 2010. Sworn to before me this Principal Clerk 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2Zq0 PUBUC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the folinwing pubfic hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at thc Town Hnil, 53095 Main Road, P.O. Box 1179~ Southnld, New York 11971-0959, on ~ 9'30 A.M. MARY ZUPA ~6394~ Request for Variance from Code Sec- tion 280-14, based on an application for building permit to build a new single family dwelling in addition to an ex~st- ing marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed cons~rucllon is not permitted Schedule and Parking Schedule propos- al is at less than the code required 80,000 sq, ft. of land. Location of Property: 580 BaSin Rd., (adjacent to Southnld Bay) Southold, I~. SCRM#1000-81-1-16.7. Zoae: R-80. (The Zoaha~ Board of Ap- Pea~,in its Decision # 5244 dated the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was con- ditioned upon either the abandonment of the existing, legal non-conforming pursuant to Section 280-321G [bat would allow the non-conforming use to continue in conjunction with the single application is being made to fulfill this condition.) tion 280-10(A) based on an application for building permit and the Building In- spector's March 18, 2010, Notice of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a to,al lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residen- tial Zone District). This land merged with the adjacent property located to the south identified as SC'FM #1000~79~1~41 at; 500 Harbor Lights Dr., Southnld, NY. 10:15 A.M. SIM MaY ~?,8~ quest for Variances from Code Sections 280-124 & 280-1 t6 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updated March ~5, 2010, Notice of Disapproval concermng construction of a new single family dwelling, at (1) less than the code required minLmum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-L (adj. to Little Pc- conic Bay and dug Inlet) 10'.30 A.M. ANDREW GREENE ~6~87. Request for Variances from Code Secdon 280-116(A) based on an applica- tion for building permit and the Build- lng Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at le~ than the code requked setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM#1000-73-4-5. (adj. to Lortg I~land Sound) ~ Request for Vari- ception under Sccilon 280-13B(14),. The dental to their residential occupancy in (3) bedrooms to five (5) bedmoms for Updated March 9, 2010, Notice of Dis- Creek) based on an application for building per- NOTARY pUBLIC-STATE OF NEW YORK NO, 03.VO5105050 Qualified in Suffolk County Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearin~ March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: ~ P.M. MARC and DEIRDUir Adjourned from Public Heating April 22, 2010 The Board of Appeah will hear all and prior to the day of the beating. If you have questions, please do not hesi- Bated: June 9, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISM. AN, CHA~- PEI~ON 54375 Main ROad (Office 53095 Main Road (MailingAJSPS) 1~O. Box 117~ ri;/ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of - ~plic,ants) CTM Parcel #1000- .z//..~ ' // - 7 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ' / , ew York, being duly s~vom, depose and .. , ~Oi1 t!le~day ~ ~ ,xza0/0,I personally mailed at the United States t'ost kyrtlce in_f,~,a.dyItM,4.,~ f/, ~ New York, by CERTIFIED MAIL, RETuRN RECEIP] REQUESTI~D, fflirue ~opy of the attached Legal Notice in prepaid envelopes addressed to ~,,iur~e.n,t o~wr~.rs shown on tbe~current assessment roll verified fr.p~n the..gffici.al records on file me V) Assessors, or ('s/p~County Real Property Office ~c~w~],,~ for every property which abuts and is across a public or priv?e stree( or vehicular right-of-way of record, surrounding the applicant's properly. '.~to before me this ~- ~,~ VERONICA F. ClDONE y of 0 ~ No. 01CN661406 Notary Public, State of New York Commission Expires Doc. 31, 2013 PLEASE list, un the back of this Affidavit or on a sheet of paper the lot numbers next to the ownermames~ndmddresses~'or-whi~hwro-ltc, etr.were maii6d?q'h~t~ yo~ FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477- As per your notice: Date: 6/10/10 m Adjoining lots to: o : : ,=B Postage 0944 Name: Nancy Spurge ~ , ~ Certified Fee Address: 3273 Manhanset Rd. Greenport m 05 Return Receipt Fee Postmark SCTM: 1000-43-1-9 m :Endo~e~ent R,d~,r~*2.30 43-1-5 David & Susan Flics 520 11th St Brooklyn, NY 11215 ~§,71 06/14/2010 43-1-7 Sorgen Family Trust I*l:l:l/l~ll~lBli~l'_qlltl:i:[fl~lF-J, 6 Algonquin Dr Huntington Station, NY 11746 ! A L U S E 43-1-8 Roland & Lorraine Klein 4635 E Calle Del Pontera Tucson, Arizona 85718 43-1q10Fiics as sent above 43-2-2.1 Jere Jacob PO Box 27 Green NY 11944 Postage '~O.6l (Endorsement Required) {0 · O0 'total ~'o.t~,.e & ~e.,* $ $5.71 06/~4/2010 ~F~: ............................................................. Postage $0.6.t Certified Fee Return Receipt Fee (Endorsement Required) Restricted Derivery Fee (Endorsement Required) Total Po~tage & Fee8 $ · Complete items 1,2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the mveme so that we can tatum the card to you. · Attach this card to the back of the mai{piece, or on the front if space permits. B. Received by ( D. Is delivay address different flora item 1 ? ~f YES, enter delivery address below: [] NO 1. Article Addressed to: ~iflad Mall [] Express Mail 7001 2510 0003 2656 0121 PS Form 381 1, February 2004 Doms~dc Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Resthctsd Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is daii~y address different fn3m item 17 If YES, enter delivery address below: [] No 3. Type ~c~[fled Mall [] Express Mail [] Registered [] Retum Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Deliver/? (Ex~a Fee) [] Yes 7001 2510 0003 2655 6032 ; PS Foffn 3811, February 2004 Domestic Return Receipt top.-~lr~a-M-154~ FAIRWEATHER BROWN FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT L BROWN~ ARCHITECT P.C, 205 Bay Avenue Greenport, N.Y. 11944 631-d77-9752 (fax) 631-477-0973 Email: FBDAlne~optonline.net PAGE 0! - & 'qPP6ALS Fax Transmittal Fax No: 765-9064 Date: 7/15/10 To: Vicki Toth Southold Town ZBA Re: Spurge Mailing Please call (631) 47%9752 if you do not have all pages, or have any problems with clarity. Total pages sent, including cover 2 Remarks For your records and the information of the Board Members Attached please fred the returned mailings for the previously held hearing on the Nancy Spurge Property, Manhanset Road C-reenport. Neither was collected at the addresses to which they were mailed, the second one only being ree'd beck by us today. These addresses were acquired at the time of mailing from the Town Assessors' Office. I had also hand delivered the same notices to thc local addresses of these owners, Amy Martin Permit agent CONFIDENTIALITY NOTICE: Tho documents accompanying this Telecopy transmission contain confidential information belonging to the sender who is legally privileged. The information is intended only for the use of the individual or emily named above. If you ara not the intended recipient, you are hereby notified that any disclosure, copying, dis~-ibution or the taking of any action in reliance on this t~l~:opied information is s~'ictl¥ prohibii~L If you have received this telecopy in error, please immediately notify us by telephone to arrange for the return of the original document~ to us. Robert I. Brown Architect P.C. 205 Bay Ave Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 ibdainc~optonline, net 6/10/10 To: Neighbors of Nancy & Thomas Spurge From: Robert Brown, Architect Amy Martin, permit Agent Re: Spurge Residence 3273 Manhanset Road SCTM# 1000-43-1-9 Attached please find the notice of hearing before the Southoid Town ZBA for our application for the existing, non-conforming small deck on this non-conforming interior lot. The non-conformance is to an un-used right of way. The deck was previously constructed by the owner without application for building permit. The Zoning code requires a 35 foot "front yard" setback from the "road". The applicant is seeking permission to keep this deck as it was built. If you have any questions please do not hesitate to contact Robert Brown or myself at the above number of e-mail address. We would be happy to answer any questions or discuss any concerns. Enclosed also please f'md the Building Department's notice of disapproval, The Zoning Board of Appeals' Notice of hearing and the site plan showing the existing deck in question. Thank you, ~my M~)~ln Permit Agent 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 100o- - / ' 7 ST^, oF NEw Yom ff__..~~ , New York, being duly sworn, depose and say that: / oster, with t te o 'nR~a'fid natur y pp ' 'or noted thereon, securely upon my property, located ten (lO) feet or closer from the street o~ right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that [ hereby confirm that the Poster has rema;d~ed in place forjeven days prior to th/at date of the subject hearing date, which bearing date was shown to be .(~(..,r&~ ~7~ ~/0. _.,~/,~<._~" Sworn to befo. Lre me flUS ~ day of .J'~,.e.. (Notary Public) oORIS D. MOORE NOT/~Ry PUBUC, STATE OF NEW YORK QUAUFIED tN SUFFOLK COUt'ffY NO. 01MO4~8~99 .., *near the_e_n_~'a!ce or_dri~veway e_ntran¢~)f m~: propelly, as theareamos[vis/ble4o passersby ~ - Robert I Brown Architect, PC 205 Bay Avenue Greenport, New' York 11944 Robert I Brown Architect,PC 205 Bay Avenue Oreenpo~t, New York I NNO~ ~H±~3M~I~ ~LBOLLP~9 ~0:§~ 0~0~/B0/~ ~ USPS - Track & Confirm Page 1 of 1 ~ UNiTED STA~ POSTAL S£RVICE~ Home I Help Siqn In Track & Confirm FAqs Track & Confirm Search Results Label/Receipt Number: 7001 2510 0003 2656 0138 Status: Delivered Your item was delivered at 1:04 pm on July 12, 2010 in GREENPORT, NY 11944. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offiine. Track & Confm'a ,: Enter Label/Receipt Number. Copyright(o 2010 USPS, All Rights ResefYed. NO FEAR Act lEO Data FOIA O ~ http://trkcnfrm 1.smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 8/19/2010 USPS - Track & Confirm Page 1 of 1 Home I Help I Siqn In Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7010 0780 0000 8662 2627 Status: Delivered Your item was delivered at 12:29 pm on July 14, 2010 in GREENPORT, NY 11944. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offiine. Track & Cmffirm Enter Label/Receipt Number. Copyr gh Cc, 2010 USPS All Richts Reserved. No FEAR Act EEO Dat~ FOIA O ~ hHn./Itrkcnfrml ~mi n~n~ cnm/PT,qlnternetWeh/lnterl,abelInauirv.do 8/19/2010 Page 1 of 1 T oth, Vicki ~ ~ From: Fairweather-Brown [fbdainc@optonline.net] Sent: Tuesday, June 29, 2010 1:01 PM To: Toth, Vicki Subject: Spurge hearing Attachments: Sign posting aff-zba 001 .pdf Attached please find the Notarized letter of Posting for this hearing on tomorrow's agenda. I Have yet to receive the other 2 green cards - one from Flic/Brooklyn and another from Klein/Tucson Arizona. I will go and try to find these property owners if you have not heard anything yet from either of them. Amy Martin 477-9752 Fairweather Design Associates, Inc & Robert 1 Brown, Architect PC 205 Bay Avenue, Greenport, NY 11944 631-477-9752 6/29/2010 Page 1 of 1 Toth, Vicki From: Fairweather-Brown [fbdainc@optonline.net] Sent: Tuesday, June 29, 2010 2:36 PM To: Toth, Vicki Subject: Spurge Hearing Dear Vicki, I have put copies of the notices of which cards were not yet received- both the Flics & the Kleins at their homes on Angler & Manhanset roads- neither owner was @ home when I was there, the Flics' Home has a realtor's sign. Regards, Amy Martin Fairweather Design Associates, [nc & Robert I Brown, Architect PC 205 Bay Avenue, Greenport, NY 11944 631-477-9752 6/29/2010 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 4, 2010 Amy Martin Fairweather-Brown Design Assoc. 205 Bay Avenue Greenport, NY 11944 Re: ZBA # 6380, Thomas and Nancy Spurge Dear Ms. Martin: Transmitted for your records is a copy of the Board's June 10, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely.(~_x Vicki Toth Encl. Cc: Building Dept. IP '20.2' N/F~)C~ CLA V1N o~ N/F CL ~ VIN 36.2' 36.~-' N/F SORGEN 30' N/F EAST ELEVATION E3 WEST ELEVATION NOP-.TH ELEVATION 50UTH ELEVATION FAI RWEATH ER-BROWN DESIGN A550CIATES,INC. 5 PURGE 02/I g/2010 SCALE: ;3/32"= I '-0" N&45o50'50"~- Q BASED ON SURVEY Of DESCRIBED PROPERTY SITUATE NEAR GREENPORT, TOWN OF SOUTHOLD 5UFFOLIK COUNTY, N.Y. TAX MAP NO. 1000-043-01 -09 SURVEYED FOR THOMAS 5PURGE AND NANCY 5PURGE SURVEYED FEB. 07, 2000 AREA = 9,835.g58 OR 0.22G ACP-~S SURVEYED BY STANLEY' J.15AIKSEN, JR. SITE PLAN SCALE: I "= 20'-0" N / F ctAVIN I00.00' EXISTING I .~TORY woOD FRAME RE5. 3Co.2' 2ND FLOOR ADDITION ~/. 584o50,50,,W 35.80' N / F KLEIN 6PURGE 02/I g/2010 FAI P--,WEAT H E R- E~ROWN DESIGN ASSOCIATES,INC. 205 DAY AVENUE GREENPORT, N.Y. 11944 g31-477-9752(~x) g31-477-O~73 2O ~ARDINER$ BAY 9