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Home My WebLink About6390 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 October 25, 2010 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: Pappas, ZBA # 6390 Dear Ms. Mesiano: In response to your letter dated October 6, 2010, the Zoning Board reviewed your request and voted to remove the condition in the original decision. Transmitted for your records is a copy of the Board's October 21, 2010 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel,yx Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson fames 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 kECEIYED OCT 2 7 2010 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING 2010 ~¢ ' ~"~' ' ~.~ oF OCTOBEa 2I, S Clerk AMENDED ZBA FILE: 6390 NAME OF APPLICANT: Jennie Pappas PROPERTY LOCATION: 85 Beverly Rd. (adj. to Arshamomaque Pond) Southold, NY SCTM#1000-52-2-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated July 26, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. It is recommended that the following be required; the installation of gutters, leaders and drywells for storm water collection. PROPERTY FACTS/DESCRIPTION.' The subject property is a 9,928 sq. fi. non-conforming, improved parcel which fronts on two sides of Arshamomaque Pond as shown on a survey dated Feb. 4, 2010 revisions prepared by Peconic Surveyors. It is accessed by a private road (Beverly Road) and is located 109.86 feet south of Middle Rd. (C.R. 48), with 104.38 feet along the east property line, a total of 176.32 feet along Arshamomaque Pond (Mill Creek) and 121.00 feet along the north property line.. The placement of the home was evidenced by a 1974Zoning Board decision. BASIS OF APPLICATION: Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's January 12, 2010 Notice of Disapproval, amended March 4, 2010, concerning "as built" additions to single-family dwelling, at 1) less than the code required side yard setback of 10 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of 20%. RELIEF REQUESTED: The applicant has constructed an attached storage building to the rear of the dwelling and thus reducing the code required side yard setback from 10 feet to 8.3 feet. An additional improvement of a trellis has been placed on the side of the dwelling over an existing cement slab reducing the code required setback of 75 Page 2 - October 21, 2010 ZBA File#6390- Pappas, Amended CTM: 1000-52-2-15 feet to an existing bulkhead to 28 feet and 28.3 feet respectfully. Since this is a waterfront lot, the buildable land reduces the lot area to 7,406 sq. ft. and the "as built" additions have increased the lot coverage to 25.7 % where the code requires 20% maximum. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b(3}(b){l'b Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is significantly non-conforming in area and size. However, it is in keeping with the character of the neighborhood, the majority of homes in the area are small cottage type dwellings on non-conforming lots. Town Law §267-b(3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling is placed on the lot as per a previous Zoning Board grant and any additions to it would require variances. Town Law §267-b(3)(b)(3). The variances requested for the rear yard is substantial they represent a 67% reduction in present code requirements. The side yard variance represents a 13% variance from present code requirements. However, due to the pre-existing placement of the dwelling, in compliance with the prior ZBA grant, it would be impossible for the applicant to conform to the current code requirements. 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. The applicant will be required to follow the recommendations of the LWRP and install leaders and gutters into drywells. Town Law §267-b(3){b)(5}. The difficulty has been self-created, since the dwelling is already built and the additions were added without permits. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the "as built" storage shed and trellis, while preserving and protecting the character of this non-conforming 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 Weisman (Chairperson), seconded by Member Homing, and duly carried, to GRANT, the variances, as shown on surveys dated Feb. 2 and 4, 2010, prepared by Peconic Surveyors. 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 Page 3 -October 21, 2010 ZBA File#6390- Pappas, Amended CTM: 1000-52-2-15 condone any current or furore 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Homing, Schneider. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /~) /~&f/2010 REC,EIVED , - II .17 Southold Town Clerk ;:00 PM FROM: Fax TO: 7659064 PAGE: 001 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 RECEIVED BOARD OF APPEALS October 6, 2010 Leslie Kanes WeJsman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 By Fax: 765-9064 Re: Jennie Pappas ZBA File # 6390 85 Beverly Road, Southold SCTM # 1000- 52- 2 -15 Dear Ms. Weisman: At your meeting of August 18, 2010 the Board granted variances for an "as-built" storage shed and trellis. The grant was conditioned upon installation of gutters, leaders and drywells for stormwater collection. Mrs. Pappas is requesting that the Board waive the condition of installation of drywells, as there are the following practical considerations: 1. There is insufficient reom on the north side of the house to install a drywell while maintaining adequate setbacks from the foundation and lot line. 2. There is bulkhead on the west and south sides; the tie rods, deadmen, etc. extend at least 20' inland from the bulkhead. The setbacks are 28' to the trellis and shed. It would be imprudent to attempt to install a drainage structure between the house and the bulkhead. 3. Since there is a shallow groundwater condition, the septic system is a shallow, multi-ring system that occupies most of the area on the east side of the house and the septic tank is near the southeast corner of the house. A 20' separation between drywells and cesspools is required. Further, since the land is very sandy, there are no drainage problems on the lot. Existing gutters and leaders are directed into the flower beds which are edged with railroad ties. Any stormwater runoff is generally contained within those areas and drains well. There is one downspout at the northwest corner of the house and upon inspection of the site and of the photos provided to your Board, it is apparent that there is no pooling of water at the downspout and no erosion is evident. We respectfully request the Board's consideration in granting a waiver of the required installation of drywells at this site. Thank you for your consideration. Very truly yours, Catherine Mesiano, President Cc: Jennie Pappas 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIOns;[hold Towg Clef[ MEETING OF AUGUST 18, 2010 ZBA FILE: 6390 NAME OF APPLICANT: Jennie Pappas PROPERTY LOCATION: 85 Beverly Rd. (adj. to Arshamomaque Pond) Southold, NY SCTM#1000-52-2~15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated July 26, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. It is recommended that the following be required; the installation of gutters, leaders and drywells for storm water collection. PROPERTY FACTS/DESCRIPTION.' The subject property is a 9,928 sq. ft. non-conforming, improved parcel which fronts on two sides of Arshamomaque Pond as shown on a survey dated Feb. 4, 2010 revisions prepared by Peconic Surveyors. It is accessed by a private road (Beverly Road) and is located 109.86 feet south of Midd|e Rd. (C.R. 48), with 104.38 feet along the east property line, a total of 176.32 feet along Arshamomaque Pond (Mill Creek) and 121.00 feet along the north property line.. The placement of the home was evidenced by a 1974 Zoning Board decision. BASIS OF APPLICATION: Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's January 12, 2010 Notice of Disapproval, amended Mamh 4, 2010, concerning "as built" additions to single-family dwelling, at 1) less than the code required side yard setback of 10 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of 20%. RELIEF REQUESTED: The applicant has constructed an attached storage building to the rear of the dwelling and thus reducing the code required side yard setback from 10 feet to 8.3 feet. An additional improvement of a trellis has been placed on the side of the dwelling over an existing cement slab reducing the code required setback of 75 Page 2 - August 18, 2010 ZBA File#6390 - Pappas CTM: 1000-52-2-15 feet to an existing bulkhead to 28 feet and 28.3 feet respectfully. Since this is a waterfront lot, the buildable land reduces the lot area to 7,406 sq. fi. and the "as built" additions have increased the lot coverage to 25.7 % where the code requires 20% maximum. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b(3)(b){1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is significantly non-conforming in area and size. However, it is in keeping with the character of the neighborhood, the majority of homes in the area am small cottage type dwellings on non-conforming lots. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling is placed on the lot as per a previous Zoning Board grant and any additions to it would require variances. Town Law l~267-b(3)(b't(3). The variances requested for the rear yard is substantial they represent a 67% reduction in present code requirements. The side yard variance represents a 13% variance from present code requirements. However, due to the pre-existing placement of the dwelling, in compliance with the prior ZBA grant, it would be impossible for the applicant to conform to the current code requirements. Town Law §267-bO)(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. The applicant will be required to follow the recommendations of the LWRP and install leaders and gutters into drywells. Town Law §267-b(3)(b)(5L The difficulty has been self-created, since the dwelling is already built and the additions were added without permits. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the "as built" storage shed and trellis, while preserving and protecting the character of this non-conforming 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 , seconded by Member , and duly carried, to GRANT, the variances, as shown on surveys dated Feb. 2 and 4, 2010, prepared by Peconic Surveyors. Subject to the following condition: 1. Install gutters, leaders and drywells for storm water collection. 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 Page 3 - August 18, 2010 ZBA File#6390 - Pappas CTM: 1000-52-2-15 condone any current or future use, setback or other feature of the subject proper~ 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. Vote of the Board: Ayes: Members Goehringer, Weisman (Chairperson), Dinizio, Schneider. (Absent was: Member Horning) This Resolution was duly adopted (4-0). Le&~ W~eism'~ ~, C ~a~i~ Approved for filing ~7 bt /2010 RECEIVED Southold Town CIort ./ LOT COVERAGE HOUSE - 1905 sq. fl. UPLAND AREA = 9449 sq.[l. 1905/9449 '= ,20.2% A RSHAMOMA QUEj.~ .~9.t.o,' S. 6~7'00 POND ~ FLOOD ZONES VE (el 8) & AO (DEPTH FLOOD ZONES FROM FIRM 36105C0/58H ( MILL CREEK ) AREA = 9928 sq. ft to tie line ELEVA TION~ ARE REFERENCED TO NA vDee ANY ALTERATION OR ADDITION TO THIS $URVE~ IS A VIOLATION OF SECTION 7~09 OF THE NE*FI YORK STATE EDUCATION LAt~, EXCEPT A$.'I~R ~ECTION 7~O~-SU~DlVlSl(~ E. ALL CENTIFICA TIONS HEREON ARE VALID FOR 1'H~ MAP ANO COPIES Ttii~EOF ONL Y F ADorrJI~IALL Y TO COMPLY IFITH ~ LAW TI~ TE~M "ALTERED BY" MUST BE U~D BY ANY AND ALL ~ ~ A ~Y ~-T~A~ ~ ~T W ~ ~ ~ ~. RF,/CEIYED BOARD OF APPEALS SURVEY OF PROPERTY A T ARSHAMOMA QUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 52 - 02 - 15 SCALE: ?"= 30' SEPT. 23. 1997 OCT. 26, 2009 FEB. 4, 2010 (REWSIONS) FEB, 2, 2010 (revlsionsi FINAL MAP REVIEWED BY ZBA SEE DECISION # b3~O DATED ~ I /¢ I1~ '\N. (516) 765 - 5020 ~ P. O. BOX 909 1~30 TRAVELER STREET SOUTHOLD, N.Y, II~l 0-/_ '210 LOT COVERAGE HOUSE - 1905 sq. fl. UPLANDS - 9449 ~q. fl. 'BEVERLY ROAD' 2043 BUILDABLE LAND -' 7406 sq. fl. 190517406 = 25. 7% - ~ AL MAP '~', ,EVIEWED BY ZBA SEE DECISION # ~.~5 ARSHAMOMAOUE ( MILL FLOOD ZONES VE (el 8) & AO (DEPTH FLbOD ZONES FROM FIRM SGIO$COI58H AREA = 9928 sq ft. to tie line ELEVA nON,~ ARE REFERENCED TO NA vose POND CREEK ) 4NY ALTERATION OR ADDITION TO THIS ~.IRVEY IS A ~LA TION OF SECTION ~ OF THE NE~ YORK STATE EDUC.4TION LAFIt ~ A~ V~ F~ ~ ~ ~ ~S ~ ~ Y F ~Y ~ C~Y ~ ~ ~ ~ ~ '~ BY' ~T-T~A~ ~ ~T ~ ~ ~ ~ LAF. RECEIVED ;BOARD OF APPEALS SURVEY OF PROPERTY A T ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 52 - 02 - 15 SCALE= 1" = 30' SEPT. 23. 1997 OCT. 26, 200~ FEB. 4~ 2010 (REVISIONS) P. O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N. Y. 119,71 97- 319 Town H~I ~nex 54375 State ~ute 25 ~cor. M~n ~. & Youngs Ave.) Southold, ~ 11971 LOC~ WATERFRONT RESTriCTION PROG~ TO~ OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: MEMORANDUM Leslie Weisman, Chair Town of Southold Zoning Board of Appeals RECEIVED JUL 2 $ 2010 BOARD OF APPEALS From: Mark Terry, Principal. Planner Date: July 26, 2010L~,~.~.,t~ ordinatorWR~P,/Co Re: JENNIE PAPPAS #6590 SCTM#1000-52-2-15. A Board of Trustees issued a Chapter 275 Wetland and Shorelines on July 21st 2010. JENNIE PAPPAS #6390 - Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's January 12, 2010 Notice of Disapproval, amended March 4, 2010, concerning "as built" additions to single-family dwelling, at 1) less than the code required side yard setback of 10 feet, 2) less than the code required rear yard setback of 35 feet, $) less than the code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of 20%; at 85 Beverly Rd., (adj. to Arshamomaque Pond) Southold. SCTM#1000-52-2-15. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the following best management practice is implemented. In the event that the action is approved; to further Policy 5. Protect and Improve Water Quality in the Town of Southold and Policy 6. Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the following be required. 1. The installation of gutters, leaders and drywells for storm water collection. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney RECEIVED JUL 2 6 20!0 BOARD OF APPEALS DEPARTMENT OF PLANNING COUNTY Of SUFFOLK SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moy, Sim (c/o Shawn Barron) Gonzales, Joseph Abele, John Greene, Andrew Regina's Garden (c/o Edward Harbes) Wren, Mafyl Pappas, Jennie #6383 #6384 #6386 #6387 #6388 #6389 #6390 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 ' 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL RECE/VED BOARD OF APPEALs DATE: January 12, 2010 *Amended: March 4, 2010 To~ Cathy Mesiano for J. Pappas 12 Mill Pond Lane E. Moriches, NY 11940 Please take notice that your application dated January 4, 2010 For as built additions to an existing single family dwelling at Location of property 85 Beverly Road, Southold, NY CountyTax Map No. 1000 Section 52 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The additions o~on-contbrming 9,928 sq. ft. lot, is not permitted pursuant to Article XXIII Sectioff'2§0-1'~C)which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant ,to-2~-10." On lots 1~ ,O~,~an 20,000 sq. ft., the required side yard setback (s 10'add the rear ya,rd setback ~/s 35 .! The site plan indicates a side yard setback of 8.3-"-&~rear yard of 28 ./~--~ F4fi~,ihon, t'x'-~'he proposed addition is not permitted pursuant to~rticle XXII S ctc~o~ 280-.) 116 )~)lich states: ~ x,..__./ ,, All buildings or structures located on lots upon which a bulkhea~d, ... and ~llich are adjacent to tidal water bodies other than sounds shall be set b~ck~oo~ less than ~5~ from the bulkhead." so"a~" storage addition & trellis~ddition indicate a setback from the bulkhead of & ~8.3.?respectively. -~-~- 'x~ ~ , tfi~required lot coverag~(.is ~20%./The "as built" survey indicate~ot coverage. ~ ~ Disapproval was written based on the survey of J. Metzger, last updated 10/26/09. *Amendment of 3/4/10 is based upon J.Metzger surve% revised Feb.4~ 2010. Authorized Signature To~ Cathy Mesiano for J. Pappas 12 Mill Pond Lane E. Moriches, NY 11940 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 12, 2010 Please take notice that your application dated January 4, 2010 For as built additions to an existing single family dwelling at Location of property 85 Beverly Road, Southold, NY County Tax Map No. 1000 Section 52 Block 2 Lot 15 Is retumed herewith and disapproved on the following grounds: The additions on this non-conforming 9,928 sq. fi. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not m_e.r~ed p~uant to 280-10." . :~.~ On lots less than 20,000 sq. fi., the reqmr~t ~ya~ setback.as 10 and th0~ rear yard .. setback is 35'. The site plan indicates a si e~e yar-d'S~baCk bf8.3'& rear yar~ot~2g'.~ In addition, the proposed addition is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." Thc "as built" storage addition & trellis addition indicate a setback from the bulkhead of 28' ~ 28.3' respectively. This Notice of Disapproval was written based on the survev of John Metzger, last updated 10/26/09. Authorized S~gnature Jennie Pappas 85 Beverly Road, Southold SCTM~ 1000-52-2-15 Fee: $ /d'~) Filed By: f.t~/~ /~gta~l~.I,l~ate Assigned/AssignmentNo. office Nofes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 85 Street Beverly Road Hamlet Sou~old SCTM 1000 Section 5_~2 Block 2 Lot(s) 15 LOt Size .228 A Zone District R-40 ! (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~ ~ i'~'- ii ~> Owner as Applicant: ,Jennie Pappa$ Maifing Address: 1111 Bellmore Avenue, N. Bellmore, NY 11710 Telephone: 516-921-7075 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Catherine Mesiano, inc. Address: 12 Mill Pond Lane, East Moriches, NY 11940 TelephonefFax: 631 878 8951 Cell#: 631 553 3992 email:cmesiano~,optonline.net Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/2912009 FOR: X Building Permit [] Certificate of Occupancy [3 [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXll Section 280 - 116 Subsection and XXlll - 280 - 124 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of aecess required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] [] X has has not been made with respect to this property UNDER Appeal No. 1862 Year 1973. Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS RECEZVED 80ARD OF APPEALs (1.) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: o The use and utility of the property will not change. o The occupancy of the property will remain as a single family dwelling. o There will be no change in density in the neighborhood. o The "as-built" storage addition and trellis addition over an existing patio conform to the setbacks granted in the earlier ZBA determination except for 17 square feet of the storage addition. (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: o "Strict application of the Ordinance would produce practical difficulties or unnecessary hardship..." (3.) The amount of relief requested is not substantial because: o The dwelling was built in 1973-74 pursuant to relief granted by the Zoning Board of Appeals determination #1862. The "as built" conditions conform to the setbacks granted in the earlier ZBA determination except for 17 square feet of the storage addition. (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o The existing conditions, constructed per the earlier variance, have presented no objectionable conditions. Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? (X) Yes, or 0 No. o The dwelling was built in 1973-74 pursuant to relief granted by the Zoning Board of Appeals determination #1862. The "as built" conditions conform to the setbacks granted in the earlier ZBA determination except for 17 square feet of the storage addition. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: The 9928 sq.ft lot has water on 2 sides, a side and rear. The front yard is compromised by Beverly Road, a right-of-way. Strict compliance with the ordinance would result in a "negative" building envelope. The lot is a single and separate non-conforming parcel. This is the MINIMUM that is necessary and adequate, and at the same time preserves and pr~ects the character of the neighborhood and the health, safetv/~d welfare of the community. / Sworn to before me this ~0~'~day of ~1~ ~,.C ~ 20_.~._. (Notary Public) .... Jennie Pappas 6~~ 85 Beverly Road, Southold RECEIVED SCTM# 1000-52-2-15 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD OF APPEAL~ Applicant: Jennie Pappas Date Prepared: 2/1/2010 I. For Demolition of Existing Building Areas Please describe areas being removed: n/a II. New Construction Areas (New Dwelling or New Additions/Extensions): see plan attached Dimensions of first floor extension: n/a Dimensions of new second floor: n/a Dimensions of floor above second level n/a Height (from finished ground to top of ridge): +15' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: I sty. frame dwelling: kitchen, living/dining room, 3 bedroom, I bath, concrete patio, attached storage shed Number of Floors and Changes WITH Alterations: same, with trellis/pergola over patio5 fi, 2' ~ /2~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1905 sq.ft Proposed increase of building coverage: n/a Square footage of your lot: actual 9928 sq.ft, buildable area 7406 sq.ft. Percentage of coverage of your lot by building area: 19.2% actual; 25.7% buildable area** * Includes patio, **buildable area reflects reduction for Beverly Road r.o.w. V. Purpose of New Construction: n/a VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The subject property is generally flat. The south and west sides front on Arshamomaque Pond, run 3 courses and distances and have a concrete sea wall a total of 176.32' in length. The northwest lot line is 121' and the northeast lot line is 104.38'. Beverly Road is a 20' right-of-way that runs along the northeast lot line. Setbacks were established by the Zoning Board of Appeals per determination #1862 dated December 20, 1973. 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 with yard view. Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEIVED BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? {*} Yes { } No *it is intended to be put up for sale upon resolution of this matter B. Are there any proposals to change or alter land contours? { } Yes {X} No C. 1) Are there any areas which contain sand or wetland grasses? YES Seaward of bulkhead 2) Are these areas shown on the map submitted with_this application? NO 3) Is the property bulkheaded-between the wetlands area and the upland building area? YES D. 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? YES E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None G. Do you or any co-owner also own other land close to this parcel? NO Please list present use or operations conducted at this parcel. Single family dwelling and proposed use single family dwelling February 1,2010 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only RECEIVED 8OARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR |2.PROJECT NAME Jennie Pappas / 85 Beverly Road, Southold 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 85 Beverly Road, Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteretion 6. DESCRIBE PROJECT BRIEFLY: as-built trellis over existing patio; attached shed to dwelling 7. AMOUNT OF LAND AFFECTED: initially .23 acres Ultimately .23 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe bdefly ZBA variance required 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~ No If Yes, list agency(s) name and permit/approvals: Southold Board of Trustees, Southold ZBA 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 1973 ZBA variance for setbacks; 1974 CO for house, patio 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--~ Yes []No Signature: (~,~_~.~..~~ ~'~_~ ~-.~?z~_ I' If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset Jennie Pappas 85 Bevedy Road, Southold SCTM~ 1000-52-2-15 APPLICANT TRANSACTIONAL DISCLOSURE FORM 3?0 RECEIVED BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: JENNIE PAPPAS NATURE OF APPLICATION: (Check all that apply,) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If"Other," name the activity) WETLANDS PERMIT~ BUILDING PERMIT 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 If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate 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 J~lo day of ~' 2010 Signature ~.-~----~ ~ Jy Print name Jennie Pappas Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2~15 RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Catherine Mesiano NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone. Approval of plat. Exemption from plat or official map Other (If "Other," name the activity) Wetlands permit, Buildinq Permit 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 If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate 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 Sullied th~ 30th day'~ 2010 Sign at u r~.~'~.,,,~_.,~,~,~,~ ~'~'~-.~..4,,~ Print n~3~ne Catherine Mesiano Jennie Pallas 85 Beverly Road, Southold SCTM~ 1000-52-2~15 AUTHORIZATION I, Jennie Pappas, residing at t00 Hilton Avenue #71'JGarden City, NY 11530 (Phone # 516-921-7075) do hereby authorize my agent Catherine Mesiano, Inc. to apply for permits from the: o Town of Southold Building Department o Town of Southold Board of Zoning Appeals o Southold Board of Town-Trustees and o New York State Department of Environmental Conservation on my behalf. Jennie I~'al~pas Date:~~O Sworn to before me this ;~q day of I-~t~'~, ,2010. Notary Public Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 RECEIVED Town of Southold BOARD OF APPEALS LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Sonthold agencies, shall complete this CCAF for proposed actions that are subject to thc Town of Sonthold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a 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 at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-52-2-15 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X_ Building Dept. X__Board of Appeals X_.Board of Trustees 1. 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) (c) Permit, approval, license, certification: Nature and extent of action: Request variance/permit for "as-built" storage addition setback <10' from a side lot line and trellis addition over an existing patio <35' from the rear lot line and <75' from a bulkhead. The dwelling was built in 1973-74 pursuant to relief granted by the Zoning Board of Appeals determination #1862. The "as built" conditions conform to the setbacks granted in the earlier ZBA determination except for 17 square feet of the storage addition. No ground disturbance is proposed. Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 RECEIVED Location of action: 85 Beverly Road, Southold BOARD OF APPEALS Site acreage: .23A Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Jennie Pappas (b) Mailing address: 1111 Bellmore Avenue, N. Bellmore, NY 11710 (c) Telephone number: 516-921-7075 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The as-built improvements are on an improved site. This site is improved in a manner consistent with the pattern of development in the town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The project is not located near any histodc sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 - 7.for evaluation criteria Yes No Not Applicable The sub/oct site is developed with a single family dwelling. Poficy 3 has no relevance to the proposed action. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The sub/oct site is protected bi/a + 175' concrete seawall that appears structurally sound and stable. There is no evidence of erosion or flooding on the site. Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 RECEZVED BOARD OF APPEAI.~ Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. No new or greater intensity of usage is proposed. To my knowled.qe the existing septic system is adequate to service the existing dwelling without any impact to the water quafitv and supply in the Town of Southold. 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 - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The subject site is developed with a single family dwelling. No ground, disturbance is proposed. No new activity is proposed seaward of the 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 It does not appear that Policy 7 is relevant to the requested relief. 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. Yes No Not Applicable The subject site is developed with a single family dwelling. Any solid waste, etc. is disposed of at the Town landfill. 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 Not Applicable Approval of the as-built conditions will have no impact on public access to, and recreational use of, coastal waters, etc. 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. Yes No Not Applicable It does not appear that Policy 10 relevant to the requested relief. Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 RECE*~VED BOARD OF APPEALS 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 It does not appear that Policy 11 is relevant to the requested relief. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Po/ici/12 relevant to the requested relief. 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 It does not appear that Po/ici/13 relevant to the requested relief. TOWN OF$OUTHOLD( BUILDING(DEPARTMENT ~ TOWN BALL ~ ~ '~ ~ SOUTHOLD, NY 11971 TEL: (631) 76~1802 FAX: (631) 765-9502 www. nor thfork.net/S outholdY PERMIT NO. Di~approveda/e ]q~ I/Z/lO Date INSTRUCTIONS CHECKLIST BUILDING pl~rr APPLICATION 4 sets of Building Pla~ Check ;hol2 MILL PONt) LANE L MOR1CHES, NY 11940-1222 a. This application MUST be cgll~l~tely filled'ia ~}y.~pgpp'w. rite[ or.m..ink and sut-lmit't~ tg.the ~ .uildin4~ Inspector with 4 sets of plans, accurate plot plan to scale~ Fcc a¢cordillg to schedule. h. Plot plan showing.~9~den .of !?~,..or,buildings an premises, ralationship to ed~.piina.g~Pr~e..~]ses or public streets or c Thc work covered by this application may not ~ ¢o~nr~ced bcfor~ iss~anca of Building ?~rait: d. Upon approval of this applicatton, the Braiding Inspector will issue a Braiding Pex~mt to the appheant. Such a pernut shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or h par~ for any l~Urpese what so ever until the Building Inspector issues a Certificate of Ocx~upancy. f. Every building permit shall expke if the work authorized has not commenf~t within 12 months after the date of issuance or has not been completed w~ 1 ~1 mouths fizo~ Sgch date· If no zoning amendments or other regulations affecting the pro~ bare been.enttclod in thc interlm,~the Buil.dint~ I~sp~tor may au~0 .ri~.e., ia ~g~ the e~cnsion of thc permit for an addition six maths. Tbere~er, a new pendit 'shall be require& APPLICATION IS HERF~Y MADE to the Building Deparaaent for the issuance of a Building Permit pursuant to thc Building Zone Ordimmce of the Town of Southotd, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the ~9nstruction c~f buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applieabte laws, ordinances, building code, housing code, and regulations, and to admit authorized inspegtors on premises and in building for necessary inspections. ~Signamre of applicant or name[ifa corporation) (Mailing addm~ of applicant) State whether applicant is owner, lessee~)architect, engineer, general contractor, ul~'h-lcinn, pinmbm- or builder Name ofowner of premises --f~n~t~' (As on the tax roll or latest deed) '~-~ ,,~L If al~licont is ,a corl~_ralion, signatu/~ of d, uty authorized officer · v (Name and titlo ofcorporeaie officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's Licimse No, 1. Location of land on whicdi propo~ work will be done: ~gUS~ Number ' S~re.~ - il~amlet CountyTaX'MipNo: 1000 ~ection :'~ ~..=' Block ~ Subdiv/sion Filed Map No, (Name) 2. Slate existing use and oq~pcy of Promises and inten, ded use and oeoul?ncy ~oPosed moss-on: a. Existing use and o~Ll~paney 51~1~1~. ~.-,,,a]V ~z'~ O~ {x??~ifr.r dwelling, number of dwelling units ~,ONe' If garage, number of cars b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition OtherWork~-~ ~/t~. ~' on) ' Fee (To be paid on filing this appIicatlon) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each typo of use. 7. D~mens~ons ofeXtstih~, structures, fishy. Fmntit~ + t.* t~.~,,,~ ~4~.~!' ~DeF~ -H~O~ .... Number of Stones I ~ Dimensions of same structure with alterations or additions: Front ~sl en~ Rear Depth ~ ~: Height ~ Number of Stories 8~ Dimensions of eat4r~ mew construction: Front _Rear Depth Height Number of Stories 9. Sizeoflot:Fmnt ~O ~. ~,t Rear--Depth I.~.l* 11. Zone or use di~rict in which premises are situated ~- 4-0 12. Does proposed construction violate any zoning law, ordinanco or r~guletion? YES __ NO __ 13. Will lot be re-graded? YES NO.~ Will excess fill be removed from premises? YES __ NO 14. Namesof0wnerofpremises~Address . PhoneNo. Name o f Arohiteet Addre~ Phone No Name of Contractor Address Phone No. 15 a: Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES · NO · IF YES. $OUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b Is this proporty within 300 feetofafidalwe,tlund?*YE8 ~ NO.__ · IF YES D E C .PERMITS 19{AYB~ REQtlIRED. 16. Provide smwey, to seale, mith acoala'at~, foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below must provide topographical data on survey. 18. Aro there any covanants and restrictions with respc, et to this property? * YF~S NO__ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF~;~) (Name o f thdlwduai s~anng contract) above named, (S)I4* i* the ,~.tl ~ ~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duty authorized t6 perform or have performed the said work and to make and file this application; that all stmemems contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. ¢.,h day of "D e c_ 2b'$'~'" 02t11/201~ 10:12 8Ii, RD OF P~C~E Ol RECEIVED TO~lr[~ OF 5OU'IIlOLD BUIlI]ING DEPARTMENT Town Clerk's OEic~ S~thola, 1~1. ¥. BOARD OF APPEALS Certificate Occupancy THIS CERTIF~;S that the building located at . i~.S. B~er~,. (J~;). Jtfl~d Street conforms substantially to the AppLication for Building Permit heretofore filed in this office dated ............. D..ce..2.!.., 19.~3. pur~t to which Building Permit merits of the applicable provisions of the law. The occupar~ey for wh/ch this certificate issued i~ P:"tV0~t:,e one f,~21y ,l~'ol~llag (Approved b~ Bd Appeals) (owner, lessee or of the aforesaid building. , Suffolk County Department of Health Approval .O~.~.~ .3~..1~.....t~..1~.0..~.~. ....... .. t'flD'D L ~ t .l RECEZVED BOARD OF APPEALS 052. O* 02,00 Road; mid poln~ ofbe~.~mOn~ hbo be~ M ~o sm~tl-ma~ ~fnm orhnd of Fledle~, RtYNN1NO TII~NCE a~ ~ eo~d~e~ ]](Je o f ~ ~.old SOl~h $ I dejroes~ 40 mlnlflp~ ~ Jd~:allb ~nd 104.3B fee~ Io [b~ oKfmlz)~ IIJBb wirer i~m~c of ~u~ pond: THRNf~u 8tm~ told hiab wfster mad~ i 64 ~f.n:~ 20 minut~ 00 M~(mds West SL~ ~ O7i17/~829 03:45 51678~55 B3G~DVCOS p~,GF2 ~7 ~CEIVF. D WiClr 1~ o~ Old C~, Old Covl ~o~v~d. ~ECEIVED Ap~lhmt 8OARD OFAPPEALS appeal ~ECE~VED ~0~'~ ,..') F APPEAL~ COVERAGE )USE- 1905 sq,/l. ~qSfE~928 = 19.2% ARSHAMOMAOUE ( MILL RECEZVED E~OARr) O~ APPEALS POND CREEK ) AREA = 9928 sq. ft. to tie #ne TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined 20__ Approved ,20 Disapproved a/c /~ Expiration - : 2010 t'UL '' JAN, 4 BLDG. DEPT, TOWN OF SOUTHOLD '" Bllflding Inspector PLICATION FOR BUI_L. ~ ~[~,G PERMIT Date INSTRUCTIONS BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Cheek Septic Form N.Y.S.D.E.C. Trustees Contact: *ho MILL POND LANE a. This application MUST be c9¢.pl,etely filled'/n ~y, typewriter, or, in ink and sub'hinted to.the. Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. plot plan showing..l?¢ation.of lot ~ of ~uiJdings on premises, relationship to adqdiuiag premises areas, and waterways. ' :' ~ ~ '" ~ ~ , or public streets or c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building~sP~6t~r will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in paxt for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced with2n 12 months after the date of issuance or has not been completed wittqa 18 m0a. fils fl;om ~uch date If no zoning amendments or other regulations affecting the prop.erty l~ave.b¢en,engcted in the interim, the BuilOing Ig. spector may authorize, ia writ/ne, the extension of the permit for an addition six months. Thereafter, ' ' a new permit'shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or nam%~if a corporation) (Mailing address of epplicant)Aj State whether applicant is owner, lessee~architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises J~.~n ~t t d' /t~.,~q $ (As on the tax roll or latest deed) If a/p~)~ icant is ,a co]~.~ation, signature of d. uly authorized officer (Name and t~tle of corporate officer) ' ~ .... Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposg~ work will be done' CountyTax Map No~' 1000 ~ection ~-~ ~.~.' ' ,~lock Subdivision (Name) Filed Map No. Lot 2. Stateexistinguseand~ccupancy~fpremisesandinten-deduse~and~.~cu~an~y~f.pr~p~sedc~nstm~ti~n: ~(9~~xO a. Existinguseandoccupancy 6 ~ ~1~ d4, ;,, : ]y ,si t2t ~l lt ^,.9 b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work -- ~ ~.,i~-~ ~ a6till~lf, la~ion) 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Di/n~n~bns :o~ existih~g'structures, if any: Front 3 g'+" .* ~ ~.' t~ n~ .,g~ar 'H6i~jh'(' ~ :' ':: '; ' ' : - ~ Number of Stories / Dimensions of same structure with alterations or additions: Front Depth ~t_ Height ~ Numberof Stories 8; Dimensions of emir~ oew construction: Front Rear Height Number of Stories 9. Size oflot: Front ~O de. ~ Rear&'/.~"l' ~O,-/4-'Depth 10. Date of Purchase ~1~]~ ~ Name of Former Owner ~ 11. Zone or use district in which premises are situated ~ - 4-0 Rear 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__ 13. Will lot be re-graded? YES NO.~ Will excess fill be removed from premises? YES NO 14. Names of Owner ofpremises~,,~,2-, ~_r,4~t~..~Addressat~ff. tl~a,~.~MX. Phone No. 6 ~' q Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES t NO__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300..feet of a tidal wetland? * YES x NO__ * IF YES_, D:E.C. ~P.E~ ~Ay~.B,~ R~. QUI~ED. 16. Provide smwe3~; to scale, ~vith ~caurate. foundation plan and distances to property lines. 17. If e~evhti0n at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property?. * Yt~S.__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: ' ' COUNTY OF~t~_~) ~ 10r~l~O~_x~o ~ .~. ~_~ ~. a being duly swam, deposes and ,s~ays that (s)he is the applicant (Name of individual signing contract) above named, ' (S)He is the All (Conlractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized t6 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 performed in the manner set forth in the application filed therewith. Sworn to before me this ~ "- '-' g]~na~re-~fAppI]cant pappas 4 images, December 2009 RE~EI'¥ED BOARD OF APPEALS OF SOUTHOLD PROPERTY RECORD CARD ,/~ - 4-z - z.,-/,~-- TOWN OWNER AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland B(ushlond House PI0t ;TREET SEAS. IMP, ' NORMAL Ac re viLLAGE DI~ SUB. ACREAGE L TYPE OF BUILDING LOT / BELOW Value Per Acre Total Extension c×tenslon ~aroge Foundotion Basement Ext. Walls Porch .otb Floors Interior FiniSh Attic ~J Porch Rooms 1st Floor Patio ROoms 2nd Floor Driveway Sender: Submission r~qthout a Cover Letter ~ECEIVED ;~OARD OF APPEALS SCTM#:,iO00_ .~ ~' - C__ >- Jennie Pappas 85 Beverly Road, Southold SCTIV~ 1000-52-2-15 AUTHORIZATION ~OARD OF APPEAL~ I, Jennie Pappas, residing at 100 Hilton Avenue #71~Garden City, NY 11530 (Phone # 516-921-7075) do hereby authorize my agent Catherine Mesiano, Inc. to apply for permits from the: o Town of Southold Building Department o Town of Southold Board of Zoning Appeals o Southold Board of Town Trustees and o New York State Department of Environmental Conservation on my behalf. Jennie I~ap(pas Date: ~-~ ~. Sworn to before me this ..~_ day of ~e~'~, ,2010. Notary Public CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e.mail: cmesiano~optonllne.net 8ECEII/~D BOARD OF APPEA[~ December 29, 2009 Michael Verity, Chief Building Inspector Town of Southold Box 1179 Southold, NY 11971 Re: 85 Bevedy Road, Southold SCTM # 1000-52-2-15 Dear Mr. Verity: Enclosed please find an application submitted on behalf of Jennie Pappas, owner of the above referenced property. The subject dwelling was constructed under Building Permit # 7039 in 1973-74 pursuant to ZBA determination #1862. A Certificate of Occupancy was issued for a single family dwelling. Also enclosed are the following: 1. William Pappas check # 264 in the amount of $50 for the disapproval fee 2. Survey by John Metzger last dated 10/26/2009 3. ZBA determination #1862 4. Sketch illustrating setbacks as approved by ZBA determination 5. Photos 6. Copy of Assessors Property record card 7. Photos taken 12/14/2009 Your office has determined that the concrete patio was part of the original construction, however a pergola has been erected over the patio. Also, a storage shed was added to the northwest corner of the house. Kindly provide a determination as to whether or not a variance will be necessary to legalize the pergola and shed addition. Thank you for your attention to this matter Very truly yours, Catherine Mesiano, President Enclosures cc: Mr. & Mrs. W. Pappas CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 vlECEIVED February 9,2010 BOARD OF APPEAL~ Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 Dear Ms. Weisman: I am the agent for the above referenced applicant who is seeking relief from Article XXIII Section 280-124 and Article XXlII Section 280-116 of the Southold Town Zoning Code for an "as-built" storage addition setback <10' from a side lot line and trellis addition over an existing patio <35' from the rear lot line and <75' from a bulkhead. The dwelling was built in 1973-74 pursuant to relief granted by the Zoning Board of Appeals determination #1862. The "as built" conditions conform to the setbacks granted in the earlier ZBA determination except for 17 square feet of the storage addition. Enclosed please find the following: 1. Building permit application dated December 29, 2009 2. Notice of Disapproval dated January 12, 2010 3. Application 4. Applicant's check in the amount of $400 for application fee 5. Authorization 6. Z.B.A. Questionnaire 7. Project description 8. LWRP Consistency Assessment Form 9. Transactional Disclosure Form 10. Assessor's property card 11. Survey 12. CO and 1974 survey 13. Deed, including Covenants & Restrictions 14. Site photos Thank you for your consideration. Very !~ty yours, Enclosures C ERINE MESIANO, INC' 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano~optonline.net RECEZVED SOARD OF APPEAL~ March 2, 2010 Pat Conklin Building Department Town of Southold Box 1179 Southold, NY 11971 Re: 85 Beverly Road, Southold SCTM # 1000-52-2-15 Dear Ms. Conklin: You issued a Notice of Disapproval for the above referenced property on January 12, 2010. Before I submitted the application to the Zoning Board, I had additional data added to the survey. The ZBA has rejected my application because of the disparity in the two surveys, the one upon which the disapproval was issued and the revised survey last dated February 4, 2010. Please review the new survey and if necessary, amend the disapproval accordingly. Thank you for your attention to this matter Very truly yours, Catherine Mesiano, President Enclosures · CA RINE MESIANO, INC' 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesianoOoptonline.net RECEIVED BOARD OF APPEAl e March 8, 2010 Pat Conklin Building Department Town of Southold Box 1179 Southold, NY 11971 Re: 85 Beverly Road, Southold SCTM # 1000-52-2-15 Dear Ms. Conklin: You issued a Notice of Disapproval for the above referenced property on January 12, 2010. Before I submitted the application to the Zoning Board, I had additional data added to the survey. The ZBA has rejected my application because of the disparity in the two surveys, the one upon which the disapproval was issued and the revised survey last dated February 4, 2010. In addition, the ZBA requested that additional data be added to the survey. As this is the survey that I will be submitting with the variance application, please review the latest survey and if necessary, amend the disapproval accordingly. Please note that the latest survey was erroneously dated Feb. 2, 2010 when it should have been dated March 2, 2010. Please disregard my earlier request dated March 2, 2010. Thank you for your attention to this matter Very truly yours, Catherine Mesiano, President Enclosures March 30, 2010 RTHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 BOARD OF APPEALS Vicki Toth Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Jennie Pappas 85 Beverly Road, Southold SCTM# 1000-52-2-15 Dear Vicki: Per your Reply Form dated February 23, 2010, please be advised that I submitted the revised survey that is included with this application packet to the Building Department and was told that after checking with you, "all is good on their end". Please see correspondence attached to "original" packet. Enclosed please find the following: 1. Application - typo corrected, signatures as indicated. 2. Applicant's (2) checks totaling $600 for application fee. 3. Original Authorization. 4. Original Transactional Disclosure Form executed by the applicant. 5. Original Transactional Disclosure Form executed by me. 6. Revised Survey. 7. Sketch with overall height of structure indicated. No additional landscape is p?posed. / - ~t/~i,~ Nine complete application packets are included herein. ,/a't~erine Mesiano, President Enclosures Catherine Mesiano From: Conktin, Pat [Pat. Conklin@town~southold.ny.us] Sent: Monday, Mamh 08~ 2010 3:32 PM To: Catherine Mesiano Subject: RE: Pappas Cathy, ~ checked with ZBA. They said all is good at their end. Pat RECEZVED From: Catherine Mesiano [mailto:cmesiano@optonline.net] Sent: Monday, March 08, 2010 11:5,~ AM To: Conklin, Pat Subject: Pappas Pat, I send a request dated 3/2/10. please disregard. The ZB,~, requested that additional data be added to the survey, attached is a copy of the new request that i am mailing today with yet another revised survey. Thanks Cathy Mesiano 3/30/2010 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 April 13, 2010 Zoning Appeal No. 6390 Transmitted herewith is Zoning Appeals No. 6390 of Catherine Mesiano for Jennie Pappas - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Application for Building Permit with Disapproval Dated January 12, 2010, Notice of Disapproval from Building Department Dated March 4, 2010, Notice of Disapproval from Building Department Dated January 12, 2010, Certificate of Occupancy No. Z6233 for Private One Family Dwelling, Plot Plan Showing Proposed Construction Prepared by Frank A. Engel, 2 Pages of Deed for Property, 2 Pages of Actions by Zoning Board of Appeals No. 1862 for Construction of Single Family House Dated November 20, 1973, Copy of Foundation Plan & Floor Plan for House Prepared by Frank Engel, Copy of Area Map Showing Building Envelope and Construction, 2 Pages of Photos of Property, Copy of Survey Showing Distance from Property Line for the House, Copy of Elevation of House Prepared by Frank Engel, 2 Page Copy of Property Record Card, Written Notice from Catherine Mesiano Indicating there are no Covenants & Restrictions, Authorization Form from Jennie Pappas to Catherine Messiano to Represent her in this Matter, Cover Letter from Catherine Mesiano Dated December 29, 2009, Cover Letter from Catherine Mesiano Dated February 9, 2010, Letter from Catherine Mesiano Dated March 2, 2010 in Reference to Surveys, Letter from Catherine Mesiano in Reference to Surveys Dated March 8, 2010, Cover Letter from Catherine Mesiano Dated April 8, 2010, E-mail Between Catherine Mesiano to Pat Conklin Dated March 8, 2010, Copy of Survey Showing Property Dated February 4, 2010 Prepared by Peconic Surveyors, Copy of Survey Showing Property Dated February 2, 2010 Prepared by Peconic Surveyors. t~sTOWn of Southold P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 04/12/10 Transaction(s): 1 1 Application Fees Check~: 1233 & 1235 Receipt#: 76775 Reference Subtotal 6390 $600.00 Total Paid: $600.00 Name: Pappas, William & Jennie 85 Beverly Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6390 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 29, 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 tt79, Southold, New York 11971-0959, on THURSDAY, JULY 29~ 2010: t2:15 P.M. - JENNIE PAPPAS #6390 - Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's January 12, 2010 Notice of Disapproval, amended March 4, 20t0, concerning "as built" additions to single-family dwelling, at 1) less than the code required side yard setback of t0 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the code required setback to a bulkhead of 75 feet, 4) exceeding maximum lot coverage of 20%; at 85 Beverly Rd., (adj. to Arshamomaque Pond)Southold. SCTM#t000-52-2-15. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vic ki.Tot h~,Town. Southold.n¥.us. Dated: July 1, 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 1t79 Southold, NY 1'1971-0959 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 30, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 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 July 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 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than July 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available).' These will be kept in the permanent record as proof of all Notices. 2) Not Later July 21't: 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 July 27, 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: PAPPAS, J. # 6390 SCTM #: 1000-52-2-15 VARIANCE: SETBACKS / BULKH D LOT COVERAGE REQUEST: AS BUILT ADDITIONS DATE: THURS, JULY 29, 2010 12:15PM 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 OF APPEALS-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 15th day of .July, 2010. ~ ~ 'Prihcipal Clerk day of Sworn to before me this ~r/~'~ 2010. CHRISTINA VOUNSKI NOTARY PUSLIC-$?ATR OF NEW YORK ZON1NG BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Jennie Pappas Application # 6390 SCTM# 1000-52-2-15 AFFIDAVIT OF MAIL1NG COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at ~2 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On the 13th day JULY 2010, I personally mailed at the United States Post Office in East Moriches, NY, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors of the Town of Southold for every property which abuts and is across a public or private street or vehicular right-of-way of record, surrounding the applicant's property. .,)'/-- CATHERINE MESIANO Sworn to before me this ¢~-/day of Notary Public ANNE W. HILL Notary Public State of New YOr~ No. O1H 6103497 Ol~a ified n Suffo k Comff~ Comm ss on Exp res De 20 "~ll · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can 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: Town of Southold Box 1179 Southold, NY 11971 1000-52-6-1 [] Addmasse C. Date of Delivery 4. Restricted Delivery? (Extra Fee) [] Ye~ 2. Adlcle Number m~,se,,,,'c~/~) 7001 2510 0004 1873 1057 ~ I · Complete Item~ 1,2, and ~ Abo m3mpk~ ~ item41fRestflctedDellvelylsdaldmd. - -- '' '--'-- ~y /_.~,,~ ~ ~..' 1. · Print your narne and adcb'es~ orlthe r~'eme ~.,.,,-.-~"-,,/ - '~ I or on the front if spaca pe~mlts. ~. [,,'~-"' _~( I "'~'// ' ~' I Bee Hive Development Corp. 1111 Bellmore Avenue N. Bellmore, NY 11710 1000-52-2-14 3. Senrlss Tybe D Certified N 4. Re~t doted Delive~/? ~ ~) I-I~ 2. Article Number -- (rransferfro~seri4celabel) 7001 2510 0004 1873 1040 · Complste items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addmssedto: Marvin Wasserman Barbara Bulow 320 Central Park West New York, NY 10025 D. I~ del~address dfffere ifYES, enter delivery a~.t~17 nF-I N~o~ ~w 3. Service Type [] Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes 2. Article Number ~r~s~'v/c~/~/~ 7001 2510 0004 1873 1033 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 b Page 1 of 1 To: Toth, Vicki Subject: Pappas #6390 Attachments: receipts.pdf; affidavits.pdf Vicki Toth, Vicki From: Catherine Mesiano [cmesiano@optonline.net] ///~ ..~..~ Sent: Wednesday, July 21, 2010 12:13 PM Attached are the copies of the affidavits of mailing and posting, white receipts and green cards. The originals were mailed out today. Following is the mailing list: Bee Hive Development Corp. 1111 Bellmore Avenue N. Bellmore, NY 11710 1000-52-2-14 Marvin Wasserman Barbara Bulow 320 Central Park West New York, NY 10025 1000-52-2-39 Town of Southold Box 1179 Southold, NY 11952 1000-52-6-1 Thanks Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 631-878-8951 cmesiano@optonline.net 7/21/2010 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee $5. §4 ~ s..~To Town of Southold ru ~i;~,'; BOX 1179 ~, or~OE Southold, NY 11971 ~ ~ ~ooo-~-~ 0'//13/2010 (Endorsement Required) s.,,To Marvin Wasserman ~-~. Barbara Bulow o.~O'~o~ 320 Central Park West 'e~'~F;F~ New York, NY 10025 Postage CerUfied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $5.54 )7/13/2010 ~/~.~,To Bee Hive Development Corp. ~ [ ........... 1111 Bell.ore Avenue S tee, Apl ~ [o~o~o~ N. Bell.ore, NY 11710 § ~ ~ooo-52-~-~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 1~ the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POST~G Regarding Posting of Sign upon Applicant's Land Montified as ooo- 5 2- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) .'~.f~~, New York, being duly sworn, depose and say th-a~ +~. , On the. ~ ~- day ot~_~C~__,~.,~l b , I personally placed the Town s official Poster, witb the date of bearing and nature of my application noted thereon, securely upon my property, located ten (I0) feet or closer from the street or right-of-way (driveway entrance) -- facing the street or facing each street or fight-of-way entrance;* and that I hereby confim~ that the Poster has remained in place for seyen d~y~ prior to tl:~t date et' the subject hearing date, which hearing date was shovm to be "'1 J,.l. el/t 0 ~. (Signature) Sworn to before me this day of ,200 Qualified n Suffolk C0ur~ ....... *___n_ear tl~5 ~ntr~_~ce or driv_ewav ~!l~tr_a¢. C¢ 0£my_Ix~perls,. as lhe4~r*.a-mostwisibte to.passersby: .... Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 9, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6390 Pappas, Jennie Dear Mark: We have received an application for as built additions to an existing single family dwelling, bulkhead setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Leslie K. Weisman Chanson ~ By:~ffd/~. 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.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 9, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6390 Owner/Applicant' PAPPAS, Jennie Action Requested: Additions and alterations, setbacks and lot coverage. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District · ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Lesli~ By:(,_, Page 1 of 1 Toth, Vicki From: Neville, Elizabeth Sent: Friday, July 23, 2010 10:05 AM To: Toth, Vicki Subject: RE: Beverly Road, Southold I will check it out and let you know. Elizabeth A, Neville, RMC, CMC, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Toth, Vicki Sent: Friday, July 23, 2010 9:43 AH To: Neville, Elizabeth Subject: Beverly Road, Southold Good Morning Betty - Mark Terry advised to ask you about Beverly Road in Southold; 1) Is it a public road? Has it been abandoned? 2) Is it a private road? 3) Does someone own it? Vicki Toth Board of Appeals Town of Southold 631-765-1809 ext.501 Fax - 631-765-9064 email - vicki.toth@town.southold.ny.us 7/2 3/2 010 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 19, 2010 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA # 6390, Jennie Pappas Dear Ms. Mesiano: Transmitted for your records is a copy of the Board's }~_ ~, 2010 Findings, Deliberations and Determination, the original of which was filed w~th the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere~ ~ Vicki Toth Encl. Cc: Building Dept. / ?