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Home My WebLink About6395,2., 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 DETERMINATION MEETING OF AUGUST '18, 20'10 Sou~ho!fl Tovm Cler~ ZBA FILE: #6395 NAME OF APPLICANT: Rita Duran PROPERTY LOCATION: 1145 Smith Dr., South, Southold SCTM#1000-76-2-33 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 May 14, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a 8,725 sq. ft. nonconforming lot. It is improved with a one story single-family dwelling and a detached accessory garage. It has 83.50 feet of frontage on Smith Drive South, 100.28 along the west property line, 91.00 feet along the north property line and 100.00 feet along the east property line as shown on a survey dated last revised March 26, 2010 prepared by Peconic Surveyors. BASIS OF APPLICATION: Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's Mamh 18, 2010 Notice of Disapproval, concerning additions to existing dwelling, 1) lot coverage at more than the code required maximum of 20%. RELIEF REQUESTED: The applicant proposes to construct additions and alterations to the existing dwelling requiring a variance for 22% lot coverage where the code requires a maximum lot coverage of 20%. ADDITIONAL INFORMATION: A letter was received from a neighbor in support of the application, stating the addition would be an improvement to the neighborhood. 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: Page 2 - August 18, 2010 ZBA Fileg6395 - Duran CTM: 1000-76-2-33 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition as granted will allow the owner to add a bedroom on the second floor while minimizing the height of the structure of the building and conform to the average size of homes in the area. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant wishes to expand the size of the house and add a bedroom on the second floor. The expansion as proposed will minimize the overall height of the structure. While the applicant has the option to add a full second story, that would not require lot coverage relief, this option would require a side yard set back variance in order for the applicant to build an addition that would support the benefit he is requesting. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. The pementage of lot coverage over the code required 20% limit is 1.9 %. 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. The applicant is proposing drywells to contain all storm water runoff on site. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. To the extent that the applicant is required to ask for a vadance the difficulty is self-created, however, the size of the property and requirements of the code concerning setbacks and lot coverage restrict the ability of the applicant to update his home to current standards within the neighborhood. 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 additional bedroom and updated home 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Elevation Drawings, dated received by the Zoning Board on Apdl 27, 2010, Scaled by James Fitzgerald Jr. and the Survey dated 3/26/2010 prepared by John T Metzger, 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 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horoing ) This Resolution was duly adopted (4 -O ). Leslie Kanes WeismA?n, Chairpereon Approved forfiling ~) /~0 /2010 REC I ED Scuthold Town Cler[ N Tesf Boring ~/23/08 by McDonald Geoscience Pale Brovm · 4' Silly Pale Fine sP Wofer ~own Fine Sond RA~ RUNOFF HSE .¢RQOF~ 1725 sq. ft. I725 ~ I x OJ67=2BB 28EII42.2 = 6.8 VF. PROVIDE 2 Dry Wells 8'ex 4'deep or equel FLOOD ZONE X FLOOD ZONE FROM FIRM 36103C0166 G 5/4/98 I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL 5;YSTEMS FOR SINGLE FAMILY RESIDENCES and w/il ,ab/de by fha conditions set forfh Iherein end on fha perrnlt 1o conslruct. The locations of wdis and cesspools shown hereon are from field observe/ions and or from dale obtained from others. NEE SEPTIC SYSTEM f 3 BEDROOMS) i- I000 gal. PRECAST SEPTIC TANK 3- LEACHING POOLS B'e x 4.5' DEEP WITH 3' SAND COLLAR (SWl 3'min, ABOVE GROUND WATER EXI, STING C.P.s TO BE REMOVED % cu. fl. ',J"' LOT COVERAGE LOT AREA - 8?25 HOUSE AREA- 1561 sq. ft. GARAGE AREA - 356 sq. fl. 19J7 sq. ft. 1917/8725 = 22% SURVEY OF LOT 116 & PlO LOT ii4 A T BA. YVIEW TOWN 'OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-76-02-33 SCALE: 1~30' MARCH 7, 2008 MARCH 27, 2008 (rebar JUNE 20~ 2008 (REVISIONS) MARCH ~5, ~0~0 MARCH E6, ROlO (revlslo~ FINAL MAP REVIEWED BY ZBA SEEOECI$1ON# AREA = 8,?25 SO. FT. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIr"TCATIONS HEREON ARE VALID FOR 7HIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON. ~.:,,o.6'. _,-,, ~'t'l--I ~-~'~' ' APR 272 ~ P.O. BOX 909 ~A~S ~E R~ ~ N~ OA~ SOUTHOLD, N.~ 11971 08-i15 FRONT ELEVATION RIGHT ELEVATION APPLIC,~TION OF RI%~ DUI~N~I, SC'TM #1OOO-7~-'2-~..~ DIMEN.~ION.~ .~C, A4-ED E,Y J, AI'flF_...~ E. FITZ~EP-,AI..D, JR. AT 1/8" = 1' RECEIVED APR 2 720I~ BOARD OF APPEALS MAP BY ZBA REAR ELEVATION LEFT ELEVATION FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 29, 2010 .TO: Rita Duran & Martin Gitlin 555 Smith Dr. So. Southold, NY 11971 Please take notice that your application dated March 5, 2010 For additions to an existing single family dwelling at Location of property 1145 Smith Dr. So., Southold, NY County Tax Map No. 1000 - Section 76 Block 2 Lot 33 Is retumed herewith and disapproved on the following grounds: RECEIVED APR ~ '/2010 BOARD OF AP¢~AL$ The proposed additions on this n~m.~h'~ing 8,725 sq. fi. lot, is not permitted pursuant to Article XXIII Sectio~l 2l~0-i"?A/which states; "This section is intended to provide minimum standards for ~'anting 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 280-10." For lots less than 20,000 sq. fi., th~i~d lot coverage is 20%. The proposed additions indicate a lot cox(,erage(o/f 22O/o?. t/2 Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECE~/ED MAY 0 2010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING May 14, 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 A 14-14 thru A 14-25 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 T-Mobile Northeast LLC #6379 Sutton * #6385 Southold Free Library #6391 Harkoff #6392 McNamara #6393 · Zupa #6394 Duran #6395 Maritime Day School #6397 Cebulski, Fambach & Farnbach #6398 * The driveway and pedestrian easements should be separate and distinct in order to avoid potential conflicts. TRI~: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 RECEIVED ,APR ~7~mn ! .- BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. 1145 StreetSmith ~rive South HamletSouthold SCTM1000Seefion 76 Bloek 2 Lot(s) 33 LotS~e8725 sf Zone R-40 I (WE) APPE~A~T~I~ ~WRITTEN DETERMINATION OF THE BUILDIN~G~ ~I~N~SF~EFTO" DATED '~ / ~ ~ / ~- u BASED ON SURVEY/SITE PLAN DATED '~ / ~ v / l d . Rita Duran Applicant(s)/Owner(s): 1145 Smith Drive South, Southold NY 11971 Mailing Address: 765-8519 Telephone: Fax: Emali: NOTE: In addition to the above, please complete below if application is si~ned by applicant's attorney, agent, architec~ builder, contFact vendee, ete. and name of person who agent represents: NameofRepresentative: James E. Fitzgerald, ~o~r.(X)Owner( )Other: Address: PO Box 617, Cutchogue NY 11935 Telephone: 734-5800 Fax: 734-7463 Emil: jefitzge@suffolk.lib.ny.us Please check to specify who you wisk correspondence to b~ mm~ed to, from ~ above names: ( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below: WTxtEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3 / 26 / 1 O and DENIED AN APPLICATION DATED ~ / ~ / 1 n (X) Building Permit ( ) Certificate of Occupaney ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote tbe eode.) Art XXIII, Section 280-124 Type of AppcaL An Appeal is made for: 00 A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, {(~ has not been made at any time with respect to this orooertv, UNDER Appeal No(s). N / A Ycar(s). N,/A . (Please be sure to research before completing this question or call our o. ffice for assistance) Application, Page 2 ~'~ RECEI~/ED Applicant: Rita Dura~ REASONS FOR AREA VARIANCE: BOARD OF 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed renovation and expansion of the existing single-family dwelling, although resulting in a house significantly different in style from the existing house, will produce a house similar in size and style to a number of recently renovated homes in the area. The proposed house is two stories in height, but this is not unusual for the renovated houses in the neighborhoo,t 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: The benefit sought, to renovate and expand the existing house in a manner that meets the day-to-day living needs of the owners and is consistent with the design guidelines they provided to the architect requires a slightly inrger foolprinL The home, as proposed, is modest by comparison to today's residential projects throughout the Town, and the own- ers feel that it is important that this project, considering the expense, meet their needs. 3. The amount of relief requested is not substantial BECAUSE: The relief requested, lot coverage exceeding the Code limit by 2%, amounts to only about 175 square feet, and the requested additional lot coverage is located such that the side- yard setback at the location of the proposed expansion is 23feet, compared to the code- required minimum of lO fee~ The existing house and garage occupy only about 14% of the property. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The single-family dwelling use of the proposed structure is unchanged, and us has been noted, the proposed scenario of owners choosing to stay in their present dwellings and expanding them to suit current needs has been successfully achieved in the neighbor- hood. 5. Has the alleged difficulty been self-created? ( ) Yes ( X)No 6. Are there covenants and restrictions concerning this land? ( ) Yes, information is attached ( X ) No, see attached copy of deed 7. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. J~a~/s E. Fitzgerald, ~ ~'~i"~'""~o ....... l¥oper-T Permit Services Sworn to before me this 27th day of April, 2010. Notary Public UNDA d COOPER NOTARY PUBLIC, State of New Yc~ NO. 01CO4822563, Suffolk Coun~ Term Expires December 31, 20 JD Revised 4/26/10 DURAN PROPERTY 7/29/10 The proposed renovation and expansion of the existing single-family dwelling, although resulting in a house significantly different in style fxom the existing house, will produce a house similar in size and style to a number of recently renovated homes in the area. The proposed house is two stories in height, but this is not unusual for the renovated or newer houses in the neighborhood. The renovated dwelling will be comparable to many other dwellings in the neighborhood that have already been renovated and upgraded, and its construc- tion will support the notion that the neighborhood is on an upward trend, with 24 of the 50 homes on the 2 Smith Streets already seeming to have been renovated, or to have been newly-built to larger and more esthetically pleasing designs. The benefit sought in this case, to renovate and expand the existing house in a manner that meets the day-to-day living needs of the owners and is consistent with the design guidelines they provided to the architect, requires a slightly larger footprint than the existing dwelling. The home, as proposed, is modest by eom- parison to today's residential projects throughout the Town, and the owners feel that it is important that this project, considering the expense, meet their needs. The relief requested, lot coverage exceeding the Code limit by 2%, amounts to only about 175 square feet, and the requested additional lot coverage is located such that the side-yard setback at the location of the proposed expansion is 23 feet, compared to the code-required minimum of 10 feet. It should be noted that 64 of the 175 square feet are within an existing setback not visible from the street and not contributing to the overall dimensions of the proposed renovated dwelling 36481 Dc~J / Moflgage Tax Slamp FEES Cl~nm. of Ed ..... _5_. O0 Sub Total Sub Tolal .... Real Property Tax ~ervke Almcy Vtrllicaliol Dist. Seclion Block Lot I000 033~o0 Recording / Filing Stamps c Amt. I. Basic Tax ----. Sl~C./Add. TOT. MTG. TAX Held fo~ APpomonrnent -- TransFer Tax 0 . Mansion Tax 1be p~perty covered by Ibis mo~ngage is d~lling ~ty. YES ca'NO If NO, see appmpr/ase tax clause Title Company Information Gary Flanner 01sen, Esq. P. O. Box 706 Cutchogue, NY 11935 RECORD & RETURN TO Suffolk This pagc folms part of the allaCh~ E/~ HOLliES Company Name 'lille Number FEE PAID BY: Cd,~ Check Payer same as R & R __ for if different) NAME: DEED ADD~ESS: & Endorsement (SPEaFY TYPE OF INSTRUMENT) The mist, s helein is sillmlcfl in SUFFOt. K COUNTY. NEW YORK. SOUTtiOLD In the Township of In Ihe VILLAGE of HAMLET of R PRII~H~D IN Tlll~m~ethe ./~,~yel June ,-~aet~enb~d~ed~a4 ninety six EMMA HOLMES. as surviving tenant, by the entirety, residing at: 1145 Smith Drive, Southold. NY 1197I RITA DURAN, residing at 2948 Lexington Avenue, Mohegan Lake, NY 10547 , -., lying ~ beln~ i~/~ at Bayview, near Seuthold, in the Town of Southold, County of Suffolk and State of New York, being known and designated as Lot Numbered 115 and westerly half of Lot 114 on a certain map entitled "Map of Goose Neck, situate at Bayview. Town of Southold, Suffolk County, NY, owned by G. W. Smith & Sons, "made by Otto W. Van Tuyl, Licensed Surveyor, Greenport, NY, and filed in the Suffolk County Clerk's Office on November 22, 1948, as and by File No, 166:]. This is a Torrens Title bearing Duplicate Certificate of Title #19026 for Lot 115 and Certificate #4515! for westerly half of Lot 114. AND the pat~y ~ the fir? part, in cmnpli~nce with ~ I$ et the L~en Law. hereby cover, ant~ th the I~fly any o~et laalx~e. The yin, rd "l~'y" ~ be construed u i~ k reid "pm'~e*" whene~ ~he sense of '~4Js indenms'e m te~ire~. Ill[ IIIIT'I~ ~1~, ~e ix~rly of the first Ixu.t ha~ duly exec~t~ th.is ~*ed the dlly &nd y~sr ~.st above v~t~L day of 19 , before me to me known, who, being by me duly sworn, did depose and , ~bat he resides at ~ , the coq~orafion described ~ in an~ which executed the foregoing instrument that he ~.: know~ the se31 o~ said corporation; that the ~ the board of dlrector~ of sa~d corpora- Onthe dayof persomlly ~ to me known to be the individual de~rlbed in and who executed the foregoing instrument, and acknowledged that executed the zam~. On the day of 19 , before me personally c~me the subscribing witness to the foregoing ins~rurnent, wi:h whom I am personally aciualnted, who, being by me dui)' Io be ~t;¢ individual descrikd in and who execut,d the foregoing instrument; that he, said subscrlb;ng whness, was present and saw execute the ~me; and that he. said witness, TO DURAN Gary Flanner Olsen, Esq. P. O. Box 706 Cutchooue, NY 11935 APPLICANT'S PROJI~CT DESCRIPTION (For Z~A Reference) Applicant: R i t a Dura n Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: t 6UIU H. New Construction Areas (New Dwelling or New Additions/Extensions): BOARD OF APPEALS Dimensionsoffirstfloorextension: g2.S' × :26.0' overall Dimensions ofnew second floor: 44.9' x 26.0' overall Dimensions of floor above second level: No n e Height (fxom finished ground to top of ridge): 2 5 ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 2 0" IH. Proposed Construction Description (Alterations or Structural Changes) (at~ach extra sh~'t ifnccessmy) - Please describe building areas: Number of Floors and Oeneral Characteristics BEFORE Alterations: One floor; Type V, Group B Number 6~l~oo~L:~hfl~hanges WflH Alterations: Two floors; Type V, Grou~ B IV. Calculations of buliding areas and lot coverage (from surveyor): Existing square footage ofbuildings on your property: House, 877 Proposed increase of building coverage: 684 Square footage of your lot: 872 S Percentage of coverage of your lot by building area: 22 % garage, 356; TOTAL 1233 V. PurposeofNewConstraction: Provide additional living space VI. Please describe the land contours (fiat, slope %, heavily wooded, mesh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Fiat Please subm~e~en (7) photos~j~abeled ta show different angles of. yard areas after staking comers Ao QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes, please explain on attached sheet. I.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N / A 3.) Is the property bulk headed between the wetlands area and the upland building area? N o 4.) If your properg~ contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm stares of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed conslruction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N o n e Please show area of the structures on a diagram it'any exist. Or state none on the above tine. 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 survey as approved by the Building Department and please describe: N/A Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. SFI) w/ ara~e garage, pool or oth~ Please list presem use or operations conducted at this parcel S FB w/g ar a g e and the proposed use expanded and renovated · (ex: existing single family, proposed: same with ~d Dat~ 7' orized ~n~n RECIEI~/ED BOARD OF APPEA , 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) I. APPLICANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, Jr. ~ Proper-T Permit Services /Duran dwelling renovation & expansion 3. PROJECT LOCATION: Municipali~J $outhold Coun~ SuffoE 4. PRECISE LOCATION (Street address and road ir~ersections, prominent landmarks, etc., or provide map) R~CEJVED 1145 Smith Drive South Southold, NY 11971 See attached maps. 5. PROPOSED ACTION IS: APR ~ 72010 BOA~D OF APPEALS [] New [] Expansion [] Modification/aEemtion 6. DESCRIBE PROJECT BRIEFLY: Renovate and expand existing single-family dwelling. Footprint to be expanded approximately 585 sq. ft. ; 7, AMOUNT OF LAND AFFECTED: In~ial~ NMT 0.1 acres U~imately N/A WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descdbe bdefly Lot coverage exceeds allowed 20%. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Indu~dal [] Commercial Describe: Medium-size single-family dwellings. O AgricuEure [] ParkJForesFOpen Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes -- U NO If Yes, list agency(s) name and permi~approvals: Southold ZBA, Southold Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and perm~approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE IN.~FO~M~TION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUspoosorna~-~mes E. F~.J;F~//J~_.__._~ ~ Date: 4/20/10 I If the a~'n ie in th~ Coestel Area, and you am a ~tate agency, complete the ~ Coastal A~nt For~ b~fom proceeding with thi~ es~e~ent OVER 1 Reset PART II- IMPACT ASSESSMENT ~ ~_ comp~e{e~ by Le~_d Agency) ~1~ A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-lyes r-INa B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED A, CTIONS IN 6 NYCRR, PART 617.67 If No, a negative ' declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattsm, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhOOd character? Ex~lain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or ofller natural resources? Explain briefly: C5. Growth1 subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ,--~["-J No If Yes, explain bdefly: E. S THERE, OR S THERE L KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'~ [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban Or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to ,=how that all relevant adverse impacts have been identified and adequately addressed. If question D of Part ti was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if have Ideotifled one or more pofentlally or adverse which MAY Then to the FULl you large significant impacts occur. proceed d~mcfly EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the informatlen and analysis above and any supporting doc~menlation, that the progesed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 4/20/! 0 Name of Lead Agency Date print or Type Name' of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signetum of Preparer (if different from' responsibte Officer) Reset 1145 Smith Drive South Southold, New York 11971 APR ~, BOARD OF APPEALS Chairperson Southotd Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Madam: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agem in the submission and processing of an appli- cation for an area variance required for the expansion of the exiting dwelling on my property located at 1145 Smith Drive South, Southold, and designated by Suffolk County Tax Map No. 1000-76-2-33, and to furnish, upon request, supplemental information in support of the appli- cation. Sincerely, Rim Duran~ TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics umhibits conflicts of interest on the trait of town officers and emolovces. The ourt~se 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: Rita Duran (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) XX Building Trustee Coastal Erosion Mooring Planning RECEIVED APR 2 7 2010 BOARD OF APP EAL$ Do you personally (or through your company, spouse, sibling, parent, or child) havea 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 paflial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Sonthold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) 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 employe~ or his or her spouse, sibling, parent, or child is (cheek 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, patmer~ or employee of the applicant; or __.D) the actual applicant. DESCRIFrION OF RELATIONSItlP l~Orm TS 1 TRANSACTIONAL DISCLOSURE FORM The Town of So!!thnld's Code of Ethics orohibits conflicts of interest on the oart of town officers and emolovees. Thc oumose of this form is to provide informafinn which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Fitzgerald, James E., Jr. (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Agent Building Trustee Cohstal Erosion Mooring Planning to ZBA a~licant u. ita Ouran Do you personally (or through your company, spouse, sibling, paint, or child) have' a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, malxisge, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a pextial 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 Descdhe the relationship between yourself (the applicant/agent/representative) 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 th_an 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, pa~tner~ or employee of the applicang or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 PrintName~v~/fimes E.. i-tzg~l~[d, o~r./ Proper- T Permit Servtces P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 TO: FROM: SUBJECT: jefltzge@suffolk.lib, ny. us MEMORANDUM Vicki Toth - ZBA Office Fax: 631-734-7463 ~' RECEIVED JUN ~ ,g 20!0 DATE: June 25, 2010BOARD OF/"PPEAL$ Jim Fitzgerald Rita Duran; ZBA 06395, SCTM #1000-76-2-33 As was requested, and we discussed by email on 6/22/lo, attached are eight sets of photos in- tended to show the four elevations of the existing house on the Dumn property. If you need anything else, please call. 8OAF~D OP APPEALS PHOTO A: Looking NNW. Pink-flagged stakes mark the eastern comers of proposed expansion. (4/20/10 at 1335 hrs) PHOTO B: Looking NE. Pink-flagged stakes mark eastern comers of propos- ed expansion. (4/20/10 at 1650 hrs) RECEZVED BOARD OF APPEALS PROJECT SITE PHOTOS Application regarding the property of Rita Duran, SCTM #1000-76-2-33 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 April 20, 2010 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~ORMER OWNER S :/ W DISTRICT SUB. TYPE OF BUILDING RES. LAND AGE NEW s EAS.~ & ~ IMP. NORA~AL VL. TOTAL 060 FARM DATE BUILDING CONDITION BELOW Farm Acre Value Per Acre Tillable 1 Tillable 2 Tillable= 3 Woodland Swampland Brushl~_. ~ House Plot Tote I REMARKS Est. Mkt. Value DOCK A~ov~ ~ON~A~ ON WA~ Value FRONTAGE ON ROAD BULKH~D Extension r Ext. Walls ~ Interior Finish ~tension ,~ Fire Place ~ Heat y~ = ~ J Po~h R~f Type Porch Roo~ 1st Floor Breezeway Patio Rooms 2nd Floor Garage /~ / [ ~ ~ 5 ~ ~ ~ 5~ / Driveway Dormer O.B. TOWN OF SOlYFItOLD BU1LDING D~J~ARTMI/NT TOWN HALL SOUTHOLD, NY 11971 TEL:- (631)'76~1802 FAX: (63i) 765-~02 www. northfo~et/Southold/ P~ NO. , BUILDING PERMIT APPLICATION CH~CK. LIST · ' ' ; Do~have-orn~xltl~llowiag, I~f~ro applyingq 4 Sets of Buildin~ pl~ Survwz N.Y.S.D.E.C. Trustees Contact:. Marl to; Expiration , 20 Phone: APPLICATION FOR BUILDING PERMIT - ~ ~/ ~t~. ~,. '1- i , Date [~o~ ~' ;20 10 ~ ~d ~ e. No b~mn~ s~e~ ~i~ or ~ ~ whole ~ ~ ~ for ny P~se ~at ~ ~v~ ~ ~e B~ ~or J ~ or ~ ~t ~ ~ ~th!n 18 mon~ ~ ~h &m. ~ no ming ~m~ or o~ ~ ~g ~e pmp~ ~ ~ ~~ ~t~ ~ B~g ~ ~y au~o~, ad~fi~ s~ m~: ~, ~ ~'~t ~ ~ ~ B_-. ,. qPU~ON ~ ~ ~E to ~ B~g ~t for:~ ~ of a ~a!ng Pa'~ ~tTM ~e ~ ~ne ~ma~ee or'me t o~ of So~ol~ S~o~ ~, N~ Yo~ ~ o~ ~a~le ~ws, O~ or a~n~ ?~ to ~p~ ~ ~.~ne~le ~ws, 0~e~ bml~g code, hom~g ~E, aumo~ ~o~ on ~s~ ~d ~ bmq~g ~r n~ ~o~. S~e wh~ app~t ~ o~, l~see, a~ ~e~t~ ~, g~ ~n~or, el~ plm~ or b~ Name of owner of premises If applicant is:a corporation, signature of duly authorized officc~ · (Name and title of corporate officer) Plumbers Li~ NO. 0o '~..~' 0~. ~ Electricians License No. C~ ~va ' Other Trade's License No. (As on the tax r°ll ~ late~ deed) 1. Location of land On which proposed work will be done: House Number County Tax Map No, 1000 Section Subdivision fl_.~-O 0 ~ e A~ c~c.~ (NamO Block Hamlet O~ Filed Map No. Lot iifx- ~/0 a. Exi~n~ use and oc~panc~ b. Intended use and occupancy State 'existin~g use and occupancy of pr~mi~es and intended rise and occupancy of proposod corm 3. Nature of work (check which applicable): New Building Repair Removal DemolitiOn · AdditiOn ' v Alteration Other Work 5. ffdwelling, number of dwelling units If garage, number of cam Fee (De on) Cio be paid on filing this application) Numbe~ of dwelling units on each floor / 6. flimsiness, commercial or mixed occupancy, speeify nature and extent of each type of use. 7. Dimensions of existing structures, if any:. Front o lO. DateofPm-eha~ :~ ~,. Height Number of Stories DimensiOns of same. structure with alterations, or additions: Front, Depth ?~r. ~, Height' - ' Number ~ ~des Dimensions ofeatir~ new con,auction: Front Rear [" Depth Height Number of Sto~es !_.. £/; / Size oflot: Front o°~.Z0 ~ Rear ~/ ( Name of Former Owner 11. Zone or use district in which p~o,,ises are sitfiated f~ 12. Does proposed construction violate any zoning law, ordinance or r~gulation? YES Rear 6-'0 NO V/ 13. Will lot be re-graded? YES NO x//Will excess fill be removed fr0m premi.~es? YES NO '/ NameofArchitect ~z~t~-¢~-,,C~ Aro~ Addre~/~.'Yd~/o 7¢ ~,:'~,;P Phb~eNo 15a. Isthlnprope~with~n 100 feet of a tidal wetland or a freshwater wetland? ~YES: . NCC/' * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAYBE, REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO 'v/ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property 1/ne~. l?. If elevat/on at any point on property is at lO feet or below, must prov/de topographical data on survey. STATE OF NEW YORK) _ - · SS: ~(~b~x ~- O&e~:~r~ being duly sworn, d~poses and says that (s)h~ iS thc ax~Dlicflnt (Name of individual signing comract) above named, ' o~ conmmeo m mm eauon are wae ~o the ' · performed in the manner set forth in the application filed themw/~ otszy Public ' "~0 ' ' NOTARY PUBLIC, State of New York NO. OlJ~1:~6020932, Suffolk County ~erm Expires ~ch 8, 20~ VICINITY MAP Application regarding the property of Rita Duran, SCTM #1000-76-2-33 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Aoril 20, 2010 THE SITE OF THE PROPOSED ~ PROJECT IS SHADED :1.4 ~ECEIVED TAX MAP Application regarding the property of Rita Duran, SCTM #1000-76-2-33 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 April 20, 2010 Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: DATE: April 27, 2010 Vicki Toth - ZBA Office Jim Fitzgerald Rita Duran; SCTM #1000-76-2-33 Attached are an original and seven copies of a revised Page 2 of the application form, indicat- ing that there are no C&R's associated with the Duran property according to the deed, a copy of which is attached to each of the new Page 2's. Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 April 22, 2010 (631) 734-5800 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; SCTM #1000-76-2-33; Rita Duran Dear Madam: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the expansion of an existing single-family dwelling on the property of Rita Duran located at 1145 Smith Drive South in Southold. Proper-T Permit Services represents Ms. Duran in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $400) Application (8 copies) Project Description (8 copies) Letter of Authorization (8 copies) Transactional Disclosure Form (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies Vicinity Map (8 copies) Tax Map (8 copies) Survey of Property (original plus 7 copies) Building Elevation Sketches (8 copies) Town Property Card (8 copies) Project Site Photos (8 copies) Yours tmly,~'~/~/y a subsidiary of THE PECONIC EASTERN CORPORATION 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 29, 2010 Zoning Appeal No. 6395 Transmitted herewith is Zoning Appeals No. 6395 of Proper-T-Permit for Rita Duran & Martin Gitlin - the Application to the Southold Town Zoning Board of Appeals with Deed Attached. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Cover Letter from Proper-T Permit Services Dated April 22, 2010, Memorandum from Proper-T-Permit Services Dated April 27, 2010, Notice of Disapproval from Building Department Dated March 29, 2010, Authorization Letter from Rita Duran to Proper-T-Permit Service to Represent them in this Matter, Copy of Vicinity Map Dated April 20, 2010, Copy of Tax Map Dated April 20, 2010, 1 Page of Photos of Property, Copy of Property Record Card (Both Sides), Plans of Construction Showing Elevations of Building, Copy of Survey Showing Existing & Proposed Construction Dated March 26, 2010 Prepared by Peconic Surveyors. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 04/28/10 * * * RECEIPT * * * Receipt~: 78462 Transaction(s): 1 1 Application Fees Reference Subtotal 6395 $400.00 Check#: 18567 Total Paid: $400.00 Name: John, Bertani Builder Inc. 1380 Oakwood Dr. Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6395 ? BOA/~D OF APPEALS 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 1179, Southold, New York 11971-0959, on THURSDAY, JULY 29, 20t 0: 10:10 A. M. - RITA DURAN #6395 - Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's March 18, 2010 Notice of Disapproval, concerning additions to existing dwelling, 1) lot coverage at more than the code required maximum of 20%, at: 1t45 Smith Dr., So., Southold. SCTM#t000- 76-2-33. 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 contact our office at (634) 765-1809, or by email: Vicki.Toth~,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 (MailinglUSPS) 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 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 al_l 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, prov d n.q 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 21st: 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 DURAN, RITA #6395 MAP # 76-2-33 VARIANCE LOT COVERAGE REQUEST Additions DATE: THURS, JULY 29, 2010 10:10 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) ~Ox~O ^ ~2010 ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that~sh~'~s 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 ~ week(s), successively, commencing on the 15th day of July. 2010. 'Prihcipal Clerk Sworn to before me this ('~[ ,~-~.~ 2010. dayof ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of OF ApPrc- t'$ RITA DURAN Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-76.-2-33 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 12th day of July, 2010, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies 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, for every property which abuts and is across a public or private sweet, or vehicular right-of-way of record, surrounding the applicant's property. Dated: July 14, 2010 Sworn to before me this 14th day of July, 2010. Notary Public ota~J rublic ~ NO, 01~,I~466761! Ouali~ied in Suffolk Count~ ,,, Commission [xpire$ Ausust 31, 20¥'~L · Complete items'l, 2, and 3, AJso complete item4 if ~eetricted Delivery is desired. · Print yo~ name and address on the revere® so thet we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Walter N. Gitlin 1180 Smith Drive South Southold NY 11971 2, Article Number (Trar~fer from e~vlce lebel) ~. R~caived ~ ( Prlnted Neme) te of Daiivery ~i[~ Mail [] Ex~ Mall I'1 Registered [] Return Receipt for Merchandise [] Insured Mail I'1 C.O.D. 4. Restr~ Dai~very? (Exba Fee) r"l Ye~ 7008 1300 0001 7023 9809 Form 3811, February 2004 Domestic Return Receipt RITA DURAN: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-76-2-33 Rita Duran 2948 Lexington Avenue Mohegan Lake, New York 10547 l~l.~ 9, 2010 NOTICE SENT 1000-76-2-9 John J. Carway 155 Emory Road Miueola, New York 11501 1000-76-2-10 GraceD. Greet 1180 Smith Drive North Southold, New York 11971 1000-76-2-32 Grace D. Greet 1180 Smith Drive North Southold, New York 11971 1000-76-2-34.2 Herbert Hoffxnan 1325 Smith Drive North Southold, New York 11971 1000-76-3-12.1 Walter N. Gitlin 1180 Smith Drive South Southold, New York 11971 1000-76-3-15.1 Goose Neck Prop Owners 705 Smith Drive South Southold, New York 11971 m m m Total Postage & Fee~ $ $5.,~ I~] (Endorsement Required) $~.~0 (Endomement Required) ~ Total potage & Feee $ $S.S~ 07/12/2~10 r3 Sent TO ~/ Goose Neck Pro~ Owners I [o.~o.~'*:~Z ..................... 705 Smith: .............. Drive~ ................. Sou'~'~' ......... P~mge ~.~ ~ (Endorsement Required) ~0,0~ ~ postage Total Postage a Fees $ $5.54 07/12/2010 Ce.lfled Fee ~ Return Receip, Fee Is""'r° Grace D. Greet [ ~ (EndorsementRequimd) t'~:'m:~:~ ......... 'r ~-~m--~-r ~tr'~'~_'VW~OTTh"'IRestricted Delivery Fee Postage Certtfled Fee ~t~C t A L U S E [ /C~, I~''~° Walter N. Gitlin J [~sr~:~:?~'T~'ff-- ~'~'['~-g'F~ ~ ~'"~5'~'~ ......... 1 .... L.: .................................. Postage Certified Fee 07/12/2010 Retum Receipt Fee (Endorsement Required) r-t Restricted DeliverJ Fee (Endorsement Required) ~ Total Postage & Fees $~.~ ~ Is"'~° Grace 9. Greet [:2:: ............ · Complete items'l, 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 mailpisoe, or on the front if space permits. 1. Article Addressed to: Grace D. Greet 1180 Smith Drive North Southold NY 11971 4. Restricted D~live~r~ (Extra Fee) O Yes 7008 1300 0001 7023 9779 PS Form 381 i, February 2004 Domestic Return Receipt · Complete items'l, 2, and 3. Also ~3mplete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if spaco parmlts- 1. Article Addressed to: Grace D. Greet 1180 Smith Drive North Southold NY 11971 ; ~ [] Agent Received by (F of DotiveP/ []Yes address below: [] No IUL 14 2l)lg 4. Restricted Delive~r~ (Ex'~a Fee) [] Yes 2, Article Number 7008 t300 0001 7023 972~6 (Transfer from se~gce label) lo PS Form 3811, February 2004 Domestic Return Receipt · Complete items'l, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print you~ name and address on the reverse so that we can return the card to you. · Attach this cand to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: Herbert Hoffman 1325 Smith Drive North Southold NY 11971 B. C. Date of Dolivery , D. Is delivery address different from item 17 .[~ Yes If YES, enter dellve~ address below: [] No X 3. Service Type ~LC~tifled Malt [] Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. R~dcted Dolive~j? {Extra F~) 2. A~i¢leNumber 7006 1300 0001 7023 9793 ~rans~mse~,/ce/abe/) PSForm 3811,Febma~2~ ~cR~umR~eipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of RITA I)URAN Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-76-2-33 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 19th day of July, 2010, I personally placed the Town's official sign, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or fight-of-way (driveway enmmce)- facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for a period of no fewer than seven days prior to the date of the subject hearing date, which hearing date was shown on the sign to be Thursday, July 29, 2010. Dated: July 26, 2010 Sworn to before me this 26th day of July 2010. NOTARY PUBLIC - STAT~ OF ~ ~ NO. 01HY6189696 QUALIFIED IN SUFFOLK ~.~--, COMMISSION IF.,Y~)I~$ 0~30t20_~ ~ 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 April 28, 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 #6395 Action Requested: Within 500 feet of: Owner/Applicant: Duran Lot coverage ( ) 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. Leslie K. Weisman ZBA Chairperson 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 SOUTHOLD 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 August 19, 2010 James Fitzgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: ZBA # 6395, Duran Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's PrI~I{~, 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, r'h Vicki Toth Encl. Cc: Building Dept. .) .~"~,=?~,=*~ ~ IReo[ Property Tax Service Agency EISTR~ITI~N ~ ~MY PORTIm OF TIL Comfy Center Rlverh~d~ N Y SECT~ NO 07~