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Home My WebLink About6406IIi Io 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/Flint 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 SEPTEMBER 15, 2010 Southold Town Clerk ZBA FILE://6406 NAME OF APPLICANT: Eileen F. Debaney PROPERTY LOCATION: 1140 Carrington Rd. and Vanston Rd.,, Cutchogue, NY SCTM#1000-111-6-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming corner lot with 37,521 sq. fi. in the R-40 zone. It's improved with a one story framed dwelling with an attached deck and garage. The lot has 111.66 feet of frontage on Vanston Rd, a corner radius of 63.24 feet, 250.00 feet of frontage on Carrington Rd., 124.04 feet along the eastern property line and 251.00 feet along the northern property line. As shown on the survey dated April 29, 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 June 3, 2010 Notice of Disapproval, concerning "as built" deck addition to existing single-family dwelling, I) less than the code required front yard setback of 40 feet. RELIEF REQUESTED: The applicant is requesting a front yard setback of 24.4 feet for an existing deck addition, built without the benefit of a building permit, where the code requires a front yard setback of 40 feet. ADDITIONAL INFORMATION: A letter, dated August 17, 2010, was received from a neighbor in opposition to the variance request based upon experiences with flooding conditions at the intersection of the subject property on Carrington and Vanston Roads. A letter in response to the neighbor's objections was received August 24, 2010, by Angel Chorno, Architect, addressing the neighbor's run-off concerns. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 26, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2 - September 15, 2010 ZBA File#6406 - Debaney CTM 1000-87-5-18 1. 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 deck is open to the sky and is not visible from the road. 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 deck is existing and as was built without the benefit of a building permit by a previous owner 3. Town Law §267-b(3)(b){3). The variance requested is substantial. The relief sought represents a 39.5% relaxation of the current code. However, the deck is small at 294 sq. ~., and has existed in its present location for many years without detriment to the neighborhood. 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. Although a neighbor at the Public Hearing suggested that the run-off from the deck was causing damage to his property. The applicant's agent/architect inspected the property on a rainy day and stated the deck was not contributing to the damage. Moreover, a swale exists on the subject property to control all rainwater runoff on site. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, since the deck is already built. However, the deck is open to the sky and in not visible from the road. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built deck" while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT, the variance as applied for; and shown on the survey dated April 29, 2010, prepared by Peconic Surveyors, subject to the following condition: 1. Deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora 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. (By Phone was: Member Homing, no voting righ0 This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson ApprovedforFiling7///7 /2010 Southold Town Clerk To: FORM NO. 3 NOTICE OF DISAPPROVAl, · DATE: 3uric 3, 2010 51020 Main Road Southold, NY 11971 Please take notice that your application dated May 3, 2010 For an "as built" deck addition to an exist'..m.g single family dwelling at Location of property 1140 Can'ington Rd,, Cutchogue, NY County Tax Map No, 1000 - Section 111 Block 6 Lot 10 Is returned herewith and disapproved on the following grounds: ..T~._e. "as built" deck addition on this non-confomling 37,5.21 sq. ft. lot. is not oerrnitted pursuant to Article XXIII Section 280-124 which states; 'q'his section is intended to urovide minimum standards for m'auting of a build_~g permit for the principal buildin~ of lots which are recognized by the town under 280-9, are nonco.nforrnino & have not memed oursuant to 280-10." For lots between 20,000 & 39,999 sq. It., th.e. required front yard setback is 40'. Thc 7'a_~s built" deck addition is.setback 24.4'. 'Authorizcd Si a~ ~ FL 85'11'00' E. PlO LOT 362 251.00' PlO LOT 362 ~ iSTY. LOT 363 AREA = 57,521 sq. ft. to lie lines ANY AL TERA TION OR ADDITION TO ThIS S(.~VEY I$ A VIOLA TION OF SECTION ?E09 OF THE NEY/ YORK STATE EDUCATION LAW. EXCEPT AS ~ SECTION 7Eog-suBDIVI~ION g. ALL CERTIFIC~ TIONS HEREON ARE VALID FOR THIS MAP ~ND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF' THE o gy'r. 4~ ?.50.oo o RO/ O SURVEYOR WHOSE ~C-NA TURE APPEARS HEREON. cARRINGTON LOT ' CERTIFIED TO. JOHN BENDICK JACOUELINE BENDICK PECONIC ABSTRACT~ INC. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK SURVEY OF PROPERTY A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000- 111- 06- 10 Scale: 1" = 40' APRIL 29, 2010 RECEIVED BOARD OF APPEALS LOT NUMBERS ARE REFERENCED TO "MAP OF SECTION D NASSAU POINT CLUB PROPERTIES~ INC. FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 806 ON MA Y 7~ 1926 / ' t~ Y.$.. ~ 9618 ~. o. aox ~o9 /0'.7 ' ~ OF ApPEALg · ,.r - , ExIsTiNG DEcK DEBANY RESIDENCE NASSAU POINT Southold NY CHORNO ASSOCIATES architects. SOUTHOLD, NEW YORK lee: $ ~L~.)~- Filed By: ~9. M0~'-~ Assignment No. fO/'~ ~9 RECEIVED BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1140 Street Carringtou Road SCTM 1000 Section_Ill Block___~6 Lot(s). 10 Hamlet Cutchogue Lot Size 37,521sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 3~ 2010 BASED ON MAP April 29~ 2010 Applicant(s)/Owner(s): Eileen F. Deban.y__(seller) Mailing Address: 1140 Carrington Road, Cutchogue__ Contract vendee: John & Jacqueline Bendick, Carrington Road, P.O.Box 733 Cutchogue (contract vendee) Telephone: c/o Pat Moore 765-4330 Fax #: Emaih pcmoore l(~optonline.net NOTE: In addition to the above_, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel~optonline.net Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED April 29, 2010 and DENIED AN APPLICATION DATED May 3, 2010 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning ~£CEIVED Ordinance by numbers. Do not quote the code.) 1. Article_XXIIl_ Section 280- 124 existing deck in the front yard (24.4' from Carrington Road) BOARD OF APPEALS Type of Appeal. An Appeal is made for: E 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, E has not been made at any time with respect to this property, UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Eileen F. Debany (owner) John & Jacqueline Bendick (contract vendee) ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject parcel is on a subdivision map, lot 363 and ~ of 362 on a Map of Section D Nassau Point Club Properties, Inc., filed in th4e office of the Suffolk County Clerk as Map No 806 on May 7, 1926. The property is on the corner of Carrington Road and Vanston Road. The original house was constructed prior to zoning as a summer cottage. Thereafter, it was converted to year round use with heating added. The current owner (Debany) constructed a one car garage & breezeway in 1978. Thereafter in 1993 the owner enclosed a porch for a bathroom. A VanTuyl survey shows that the deck was existing in 1992, however, the building department did not show the deck on the building permit. Mrs. Debany is selling her home and the contract vendees wish to retain the deck. The contract vendees are making this application with the consent of the seller. (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 house was constructed prior to zoning and the setbacks were established. It would appear by the cut back in the deck design that the deck was made to conform with a minimum 20' "side yard" setback, however, since the house is located on the corner a front yard setback is required. (3) The amount of relief requested is not substantial because: The deck has been on the property since, at least, 1992 and Mr. & Mrs Bendickare also the adjacent owners who would be most affected by the location of the deck. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The lot is not on the water and has no environmental restraints. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No However, the building department issued a CO for the garage and breezeway and the deck was not an issue. Are there Covenants and Restrictions concerning this land: Private C&R's not applicable to deck No. X Yes ~vlease furnish cow). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Checl~ this box ( ) IF A USE VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be su~rney.) Slgnml~re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this dayof ~"~/~' ,20 /~) . MARGARET C, RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~_ Commission Expires June 3, ,~ / / RECEIVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD OF APPEALS Applicant: Eileen Debany (seller) John & Jacqueline Bendick (purchaser) / Date Prepared: June 7, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: I1. New Construction Areas (New Dwelling or New Additions/Extensions): existing deck 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):n/a ls basement or lowest floor area being constructed n/a If yes, please provide height (above ground) measured from natural existing grade to first floor: 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: existing house, breezeway and ~,ara~,e vrovosed permit for "as built" deck at rear of the existing house Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): All structures.' ~-~ Sq.ft. House 24.3 x 47 = 1,142.1 sq.ft. Garage: 14 x 24 = 336 sq.ft. Breezeway,: 7 x 8 = 56 sq.ft. Proposed increase of building coverage: ~.~.uare footage of your lot: 37,521 sq.ft. Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: legalize existing deck VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): deck is at rear of the existing house and Carrington Road was treated {incorrectly) as a side yard rather than a front yard setback. Deck can not remain without a variance. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. RECEIVED OWNER: CTM: QUESTIONNAIRE BOARD OF APP£AL$ FOR FILING WITH YOUR Z.B.A. APPLICATION Eileen Deban¥ (contract vendor) John & Jacqueline Bendick (contract vendee) ~ A/O(~, 1000~111-6-10 Is the subject premises listed on the real estate market for sale? X Yes No Are there any proposals to change or alter land contours? E No Id Yes, please explain on attached sheet. I ) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? no 3) Is the properW bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? _ n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~__ If yes, please label the proximity of your lands on your map with this application. Adiacent house owned by Bendick H. Please list present use or operations conducted at this pamel house with breezeway & ~ara~,e and proposed use existing deck. (exa~de~xisting: single-family; proposed: same with garage or pool, or other description.) Ah~-h~-~d Signature and Date 2/05; 1/07 PROJECT I.D. NUMBER 617.20 Appendix C ROARD OF APPEALS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT iNFORMATION ('TO be completed by Applicant or Project sponsor) 'l 1. APPLICANT/SPONSOR I 2, PROJECTNAME ~ ] 4. PRECISE LOCATION ($treet ad~ress end road Intersections, grominent I~ndmarks, etc., or ~fovMe map) RECEIVED ~ ZTZO~' SEQR ~. is PRO.BED ^CTION: ~ b '__~k-~ ~ [] New [] Expansion [] Modlflcatlon/allerallon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND A~FE~ED; 9, WHAT IS PRESENT LAND USE IN VIC~NiT'f OF PROJECT? [] Agd;ulture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes .~NO If ~es, list IOe~-y(s) im:l permlt/l~owl~ 1 I. ODES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VA~JD pERMIT OR APPROVAL? [] YeS [~No If yes, list agency name ~ permit/ipprovll 12. AS A RESULT OF PROPOSED ACTION W1LL EXISTING PERMIT/APPROVAL REQUIRE MODiFICATiON? DYes ~No I CERT]FY THAT THE INFORMATION pROVIDED ABOVE IS TRUE TO THE RE.S'T OF MY KNOW1.EDGE If the action Is in the Coastal Area, and you sm a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS (FOR SUBMISSION BY OW~'qER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Eileen F. Debany (Last name. first name~ middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Fown of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. Thc 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) thc legal or beneficial owner of any interest in a non-corporate entity (when thc applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE S ubmiUed th is ~da~:'ol' June,.2010 Signature: t~,~_,~.t ~ JZ9 _ 2t--t..-'~ Print Name: Eileen F, Debany ~ECE~VED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 13OARD 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 inlbrmation, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same, YOUR NAME: Patricia C. Moore, John Bendick and Jacqueline Bendick (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If ~Other'', name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this lbrm and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee, Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation): C) an officer, director, partner, or employee of the applicant~ or ..... D) the actual applicant, DESCRIPTION OF REI.ATIONSHIP Patricia C. Moore, Esq. SubmillexMhis 6~:lj~y of June, 2010 Bl~rivt~me: Jonl/..~ Jacque RECEIVED TOWN OF $OUTHOLD WI-~EN TO 'USg TItI, ~ FORM: The fo~m rau~t be ~mp~ b~ ~e ~pUc~t for ~y spedM'~e~ ~ · pl~ ~r~ t~e v~n~,,.or ~ub~g~on ~p~ on prop~ ~ ~ a~ ~ O~ . soofeet of~ ." ' . ............ 4) Ad~as of~'O~:..~ .' .,. .... · ~ .... ~. 'Please use l~k s,de ofpage if ~re ~ six propOa'y owners ~e i~.) . . · ~ I~ n~em may~ ob~ i~ ad~,,, w~ ~fi~.~om me Offio~ of ~e P~ Bo,.at 765- Hote: arch time me~s ~e a~lic~on is.no~ ~mplete ~d ~ot ~ a~t~ ~ by ~ bo~. 1-14-09 RECEZVED Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 80ARD OF APPEALs All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and 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). lfany 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 Wood Deck constructed 15-20 years ago- violates front yard setback from Vanston Road SCTM# 1000-111-06-10 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X 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: [] Type: Town of Southold IWRP Consistency Assessment Form 1 Nature and extent of action: Location of action: ll40CarrinetonRoad, CutehoguetCornerofCarringtonRoad & Vanston Road) Site acreage: 37,521 sq.ft. Present land use: house, with attached garage, deck behind house located 24.4' from Vanston Road 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: Eileen F. Deban¥ (owner) John & Jacqueline Bendick (contract vendees) (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section I11 - Policies; Page 2for evaluation criteria. Yes No [] Not Applicable X Discussion (ifapproprial¢): Project is located in Nassau Point subdivision- not waterfront needs a front yard setback for as built deck located behind existing RECEIVED BOARD OF APPEALS Construction of rear deck 24.4 from Vanston Road ~9 6L0 ~' house. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section 111 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate) developed subdivision- not applicable Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate)- not waterfront- not applicable RECEIVED Enhance visual quality and protect scenic resources throughout t~zeO~oDwnOFopPPEAI.$ 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 16for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): not applicable Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 111 - Policies Pages 16 through 2l for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality- residential use 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 111 - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion if appropriate): not applicable Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38 Jbr evaluation criteria. Yes [] No [2 Not Applicable X Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town qf Southold from solid waste and hazardous substances and wastes. See L WRP Section Ill -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 RECE~.~/EO ...... BOARD OF APPEALS Policy 9. Provide fbr public access to, and recreational use of ~,~,at waters, public lands, and public resources of the Town of Southold See L WRP Section 111- Policies: Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not waterfront 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 II1 - Policies; Pages 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): NOt waterfront Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not waterfront Policy IZ Protect agricultural lands in the Town of Southold See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no agriculture is conducted on the land Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 RECEIVED BOARD OF APPEALS John 8: Jacqueline Bendick Carrington Road (PO B 973) Cutchogue NY 11935 April 5, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, John Bendick and Jacqueline Bendick as contract vendees, authorize you to make any and all applications and appear on our behalf to the Town of Southold Zoning Board of Appeals and any other necessary agencies on our behalf regarding properties located at 1140 Carrington Road, Cutchogue, New York (sctm: 1000-111-6-10) I, Eileen Debany as owner of above property, authorize you to make any and all applications and appear to the Town of Southold Zoning Board of Appeals and any other necessary agencies regarding properties located at 1140 Carrington Road, Cutchogue, New York (sctm: 1000-111-6-10) John Bendick Ei'k~DebanY ~- RECE~/~ED.,. BO~R~ OF A~£AI.$ :' BOARD OF APPEALS pz'em:L se e. ~/ TOWN OF $OUTHOLD ~OPERTY RECORD CARD OWNER FORMEROW~ER ' ' STRE~ S VI LLAGE W DISTRICT SUB. ACREAGE TYPE OF BUILDING RES. ~/~9 SEAS. VL. LAND TOTAL AGE IMP. ~Z~ o 3rloo 5'-00 BUILDING CONDITION DATE REMARKS NEW NORMAL BELOW Farm Acre Value Per Acre Tlllable !e 2 T able 3 Woodland Swampland Brushland House Plot ABOVE Value M. Bldg. Extension Breezeway Garage/? Foundation Basement v,F,-x t. Walls Fire Place Porch Porch Patio Driveway Bath Z/to Floors Interior Finish Hmt Attic Rooms 1st Floor Rooms 2nd Floor RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20 Disapproved Expiration ,20 PERMIT NO. BUILDING PEP.MIT APPLICATION~ECKLIST Do you have or need the following, before applying? Board of Heahh 4 acts of Building Plans Planning Board approval Survey Check Septic Form Trustees F[ood Permit Storm-Water Assessment Form Contact: Mail to: Pho.e:---) Ce S- ~ ~ . un r~ r'2x'~ Building Inspector ~ ]tl~PLICATION FOR BUILD~G PE-T ' ~AY -3 2010 1~1 Oat 3 -- ~ [0G 0EPI ~ ~ a. This~W~T~Tb etcyfi ed nby~pe~terorini~andsubmi~edtotheBuildinglnspectorwi~4 sets, ,lo,,a, accurate plot plan to scale. Fcc according to schedule. b. Plot pl~ showing location of lot and ofbuildlngs on premises, relationship to ~joining pmmlscs or public s~eem or ~e~, and wate~ays. c. Thc work covered b7 this application may not be commenced before iss~n~ &Building Pemit. d. Upon approval &this application, the Building Inspector will issue a Building Pe~it to the applicant. Such a pe~it shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in p~ for any pu~ose what so ever until the Building Inspector issues a Ce~ificate of Occupancy. f. Eve~ building pemit shall expire if the work authofi~d h~ not commenced within 12 monks aRer thc date of issuance or h~ not been completed within 18 months from such date. If no ~ning mendments or other regulations affecting the pmpe~ have been enacted in ~e interim, the Building Inspector may authofi~, in writing, the e~ension ofth~ pc~it for an ~dition six months. Therea~er, a new pemit shall be required. APPLICATION IS HE,BY ~DE to the Building Depa~ent for thc issuance ora Building Pc~it pu~uant to the Building Zone Ordln~ce of the Town of Southold, Suffolk Count, New York, ~d o~er applicable Laws, Ordinances or Regulations, for the constmctlon of building, additions, or alterations or for removal or demolition ~ heroin described. ~e applicant a~ees to comply with all applicable laws, ordinates, building code, housing c~gulations, and to admit authori~d inspectors on premises ~d in building for necess~ inspections. ~ ~ 2g q ~ 7~c~~ ~ad ~ (Si~am~ofapplicmtorn~e, ifaco~oration) ~OD~ ~ (Mailing address of appllcant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~ / (._e ~.. ~.5 ~r~ I~ ~ ~X) k~ (As on the tax roll or I~.test deed) If appllcant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. Elec~icians License No. Other Trade's LicenseNo. I. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision /// Hamlet Block ~ Lot / O Filed Map No. *:~'~,t~Ot'~'a~ RECEIVED BOARD OF APPEALS 6qo 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. ~ {~e'Xd~ddition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelli[ng units on each floor RECEIVED BOARD OF APPEALS 6. If business, commemial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front dT...~ /7Z Rear Height. Number of Stories ./ Dimensions of same structure with alterations or additions: Front oZ~ ~ Depth Height ~ Number of Stbries 8. Dimensions of entire new construction: Front -~ 5/ Rear Height Number of Stories 9. Size of lot: Front ~ ,5",~"/ Rear _Depth 10. Date of Purchase~(-~YX~cl~r-~me of Former Owner 11. Zone or use district in which premises arc situated ~__~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES NO ~ Will excess fill be removed from premises? YES 14. Names of Owner of premises ~ ~ Address. Phone No. 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__ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES __ NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. Depth ' Rear / Depth :20O 16. Provide survey, to scale, with accurate 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. Are there any covenants and restrictions with respect to this property? * YES ~ NO · IF YES, PROVIDE A COPY. A,t"//..~ STATE OF NEW YORK) COUNTY O~U,~:- '~l~'~t~ C. t/~ C. ~ Cx'Y'- ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ""--C~ ~-/~ ~'~ (Contractor, Agent, Corporate Officer, etc.) (S)He is the of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are 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. Signature of Applicant 82/82 RECEIVED 8OARD OF APPEALS SOARD OF AppEALS FORM ND. 4 Southold, .Certificate C~ Occupancy RECEIVED BOARD OF APPEALS ~?.~ v~.~' ~ ... ' g~ ...... ~o~on of~ty. . ~ , ' · t ....... .Co~ T~ ~*p ~o. lOOO ~on . . ,,. I~.~-' .... ~1o~ , · .~ ..... * ..... ~t 0.~ ............. ~bd~A · - ~e~u ,~- ~' ~' '~ ~e ~o.,' . ....... ~ ~o.. · ........... co~s'su~ ~o ~e ~i~n for ~8 . ..... ~r .~ ........ ] ~..~ t0 w~oa ~ ~tt ~o ..... 9e&~. Z. ......... d,tea ...... ;~..~'6 ............. 19. ~ Of ~ a~le p~o~ of ~ ~w. ~ oe~paa~ far ~ ~s ~te ~ ~s~ is ......... . .. ~e~:e~a~. ~. one. o~ .~e. ~&1%~ ........ ' ...................... ~e ce~r~o L* i~u~ ~o ..... ~ ~, ~*.' ~e~.. · '.' ....... , ............... : ...... of ~e afor~ g~olk County ~t o~ H~ Ap~l ............ Certificate Of Occupancy' RECEIVED BOARD OF APPEAL~ dat~ Deo ~2 .., 19.7~., ~as [s~, and uonfor~ to ell of the ~. merits of ~e applicable provisio~ of ~e law/The oaeup~ for w~ th~ ce~tflcate Is ' o~ the ~ores~d .bufi~. " ': . ~C~pp~ l~lae:/.z~ ~C ~0~ ''' BtllJdltrls In~p¢(:tor / ~OA~ZD OF A ~ ' · 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 June 16, 2010 Zoning Appeal No. 6406 Transmitted herewith is Zoning Appeals No. 6406 of Patricia C. Moore for Eileen F. Debany - 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, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated June 14, 2010, Notice of Disapproval from Building Department Dated June 3,2010, Authorization Letter from John Bendick, Jacqueline Bendick & Eileen Debany, Both Sides of Property Record Card, 2 Pages of Application for Building Department Dated May 3, 2010, Certificate of Occupancy No. Z-34272 for Heating System Dated April 14, 2010, Certificate of Occupancy No. Z-22682 for Alteration Dated October 27, 1993, Certificate of Occupancy No. Z-10114 for Breezeway and One Car Garage Addition Dated August 27, 1980, Certificate of Occupancy No. Z4945 for Pre-Existing Dated December 12, 1972, Copy of Plan Showing Decking as it Exists Dated June 8, 2010 Prepared by Chomo Associates, 1 Aerial Photo of Property, 3 Pages of Photos of Property as it Exists, Copy of Survey Showing Existing Construction Dated April 29, 2010 Prepared by Peconic Surveyors, P.C. OTown of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/16/10 Transaction(s): 1 1 Application Fees Check~: 1148 Receipt: 83736 Reference Subtotal 6406 $400.00 Total Paid: $400.00 Name: Bendick, John G & Jacqueline P O Box 733 860 Carrington Road Cutcho~ue, NY 11935 Clerk ID: CAROLH InternallD:6406 August 24, 2010 Angel B. Chorno Architect 51020 Main Road Southold, New York 11971 Tel: (631) 765-6530 RECEIVED 'AUG gq?g:" BOARD OF APPEALS Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 Re: John & Jackie Bendick SCTM# 1000-111-6-10 Dear Ms. Weisman and Board: At the request of the owner, I inspected the drainage conditions at the Bendick property on Sunday August 22, 2010 during a heavy rain. I observed that the storm water traveling west (down hill)along Carrington Road, including the storm water runoff from the Bendick driveway, to 2 catch basins (one catch basin on the west side of Vanston Road and the second catch basin on the east side of Vanston Road. The easterly catch basin on Vanston Road is shown on the Bendick survey). The balance of the storm water runoff from the house, deck, and grass runs within the property limits of the Bendick property, toward the north, and into the natural swale owned by Mr. And Mrs. Bendick and identified as part of Lot 362 on the Bendick survey. The deck does not cause any storm water runoff on to either Vanston Road or Carrington Road. The deck storm water runoff remains on the Bendick property. Very truly yours, Angel B. Chorno, Architect Zoning Board of Appeals Town of Southold New York P.O. Box # 1032 ~"/;7 ' '~ ~ Cutchogue, New York 11935 ' ' ! 13/.0 , August 17, 2010 BOARD Off Appbt~ ALS Re: request for variance - Eileen F. Debaney #6406 Dear Sirs: I am writing to register our opposition to granting a variance for an g. as built@ deck on the property of Eileen Debaney at 1140 Carrington Road and Vanston Road, Cutchogue. We own the property at 3150 Vanston Road, which is opposite to and downhill from the Debaney property. Our reasons for objecting to the deck are as follows: 1) In recent years, excessive storm water runoff from the Debaney property and others on Carrington Road have repeatedly damaged our property. In the case of the Debaney property, a large expanse of paved driveway sloping to Carrington Road and the deck must be contributing significantly to this. 2) During severe rainstorms, runoff from the intersection of Carrington and Vanston Roads has entered our property at that point and cut a swath of destruction hundreds of feet across our property. This has destroyed landscaping, deposited a large volume of silt and forest litter along its course, caused serious erosion of an embankment on the south side of our house, damaged our beach and that of the adjacent right of way, and dumped debris into Horseshoe Cove in front of our house. While runoff from the Debaney property has not been the only cause of this damage to the beach and cove, it has been a significant contributor. This is obviously an environmental, as well as an esthetic issue. Some silt and debris from the last bout of flooding are still evident on our property. 3) In an unsuccessful effort to stop this damage, I have had to install landscape ties where I do not want them. Also, I am now unable to mow parts of my property, because the sandy silt damages my lawn mower. Finally, the restoration of landscaping is expensive and time- consuming. 4) Since 2006 the Town of Southold Highway Department has made at least 6 attempts to control the runoffby building up the embankment on Vanston Road, constructing a drainage sump, and installing two drainage cisterns on either side of Vanston Road at the intersection with Carrington Road. It simply is unclear if the most recent attempt (this year) to reinforce the embankment around the westernmost cistern with a surface liner and rocks will prevent future washouts to either side of the protected area. In recent years, splashing by passing vehicles has repeatedly eroded that embankment. Although the Town of Southold has been highly responsive to my complaints, I object to what this must be costing us as taxpayers. The problem is not caused by the Town, but rather by property owners who dump storm water ont9 T0~rBa,,ds. · The embankment opposite to the driveway entrance for 2995 Vanston Road is presently being 5) eroded by storm water runoff. Left unchecked, this threatens the roadbed, as well as deer fencing and landscaping on our property. Some of the runoff must be coming from the Debaney deck, which is directly across the road and above the affected area. 6) The concrete Aretaining~ wall between the deck and Vanston Road can only be partially effective in holding back runoff from that property. The wall is cracked and there are open spaces between its concrete blocks. Until serious efforts are made to reduce runoff from the Debaney property, we will oppose the approval of a variance for the existing deck. It is my intention is to attend the meeting of the Zoning Board of Appeals on August 26th in order to participate in any discussion of the request for a variance. Thank you very much for your consideration of these issues. Sincerely yours, John J. Rasweiler IV BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 26, 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 t179, Southold, New York 11971-0959, on THURSDAY, AUGUST 26~ 2010: 12:30 PM - Eileen F. Debane¥ #6406: Request for Variance from Code Section 280-124, based on an application for building permit and the Building Inspector's June 3, 20t0 Notice of Disapproval, concerning "as built" deck addition to existing single-family dwelling, 1) less than the code required front yard setback of 35 feet, at: 1140 Carrington Rd. and Vanston Rd., Cutchogue. SCTM#t000-111-6-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town.Southold.ny. us. Dated: August 2, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box t179 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 July 30, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, August 26, 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 August 9th: 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 Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin,q the hearing, providin,q the returned letter to us as soon as possible; AND not later than August 16th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along 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 August 18st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt 'by our office before August 24, 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: DEBANY/BENDCIK # 6406 SCTM #: 1000-111-6-10 VARIANCE: SETBACK REQUEST: AS BUILT DECK DATE: THURS, AUG. 26,2010 12:30 PM If you are in.terested in this project, you may review the file(s) prior to the hearing dunng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 kU~ 9885 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 12th day of August, 2010. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 26, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Seuthold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. PO. Box 1179, Southold. New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9-~0 AM - Steve and Ol~a Tenedios g~407: Request for Variance from Code Section 280-15(F), based on an applica- tion for building permit and the Build- ing Inspector's June 11, 2010 Notice of Disapproval. concerning proposed two story two car accessory garage, 1) lc, ca- tion in a side yard when a front yard or rear yard location is code-required on a waterfront parcel, at: 17327 Main Rd,, East Marion. SCIWi#1000-23-1-14.10. 9:.~0 AM. Judith B. Uflman and Su- dith A. Moth ~6403: Request for vari- ance from Code Section 280q24, based on aa al~plication Ior building permit and the Budding Inspector's Maroh 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwcding at: 1) less than the code required front yard setback of 50 feet; 2)less than the code required side yard setback of 15 feet; 3) conversion of front porch to habitable space which pursuant to"Walz" constitutes an increase in non- conformance. Property located at: 7617 Soundview Ave~,(edj. tu Great Pond aka Leeton's Lake) Southold SCTM#1000- 10:10 AM - William A. Penney IH L~Iy~ (adj. from PH 12,t3109) Location of Properly: 45450 C.R. 48 (alMa North Road or Middle Road) and Youngs Avenue, Seuthold; CTM 1000-55-5-2.2. Zone District: Gen- eral Business B. The applicant is request- lion concerning vehicle and accessory sales, and #6336 - Request for a Variance con- ~ern!ng an as-built accessory shed build- mg ~n a location other than the code- required rear yard. 10'.30 AM * Thoma~ M. and Manreeq ance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 3010 Notice of Disapproval concern- mg proposed additions/alterations to a single-family dwelling at: 1) less than the cbde required side yard setback of 15 feet, 2) less than the code required to- tal side yard combined of 35 feet. Prop- erty located at: 1200 Broadwaters Rd., (adj. to Broedwaters Cove) Cutehogue, SCTM#1000-104.9-3. 10:45 AM · Michael and Renee Belie- ro 06414; Request for variance from ap- proved Cluster Subdivision setbacks and Code Section 280-18, based on an appli- cation for building permit and the Build- ing Inspector's May 26, 2010, amended July 13, 2010 Notice of Disapproval concerning proposed additions/altera- tions to existing single-family dwe ng at: 1) less than the approved front yard setback of 25 feet; 2) less than the~eode required maximum number of stories of two and a hail[ Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2.52. Request for variance from Code Sec- tion 280-116(B) and 280-15, based on an application for building permit and the Building Inspector's June 14. 2010 Notice of Disapproval concerning "as built" alterations/additions and acces- sory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2) accessory structures located in side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr., West (adj. to west Lake) Southold, SCTM#10~0-90-1 4. Oueen #6401: Request for variance from lng the following, based on the Building Code Section 280-124, based on an ap- Inspector's revised August 5, 2009 No- plicatinn for building permit and the tic* of Disapproval: update~May 27 2010 Not ce of Disap- ; ~ #6319 - Request for a Special Excep- Binldin Inspector's December 8, 2009, proval concerning proposed deck addi- tion to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property located at: 1380 Koke Dr., Soutbold SCIM#1000-87-5-18. 11:45 AM - Willlam Gormaq and Christi Watts-Gorman #64051 Request for variance from Code Section 280- 121(A)la, based on an app ication for building permit and the Bu ding Im ec- tor's May 14, 2010 Notice ofD sapproPva] concerning proposed change of use to an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grantgl50g structure was granted vacuum cleaner sales and repairs, proposal is to change to retail antique/craft shop. Property located at: 45805 Route 25, Seuthold isling single-family dwelling 1) less than Vanstun Rd., Cutehogue. SCTM#1000* day of ...... 2010. x.,..,~'(~ H RISTYN,~. VOLINS NOTAi~Y PUBLIC.StATE OF NEW YORK No 0~-VO6105050 Qt;ol!fled Ir! Suffolk County !7:45 PM - $OHN and DANIELLA V~.~N~2]~L#~.~LLocation of Property: 2600 Takaposha Road, (adj, to Corey Harbor) Seuthold; CTM 1000-87-6-4. Requests for Variances under Sections 280-116-B and 280-124, based on the Building Inspector's April 20, 2010 No- t[ce of Disapprpval concerning an ap- plication for reconstruction and second floor addition, which new construction wQ[ be: 1) less than the code-required mini- mum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (eom- bined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximumlot coverage (building area), Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Pubflc Hearing May ZO, 2010: 280-70(i) based on an application for 53095 Main Road (MaJling/USPS) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EILEEN F. DEBANEYIBENDICK (Name of Applicant) SCTM Parcel #1000-111-6-10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILIN~R~CE'~VED BOARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~ "" day of August, 2010, I personally mailed at the United States Post Office in Southold, New York, 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 ( X ) Assessors, or ( ) County Real Property Office , 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. Sworn to before me this /~q, '~-/-/ day of August, 2010 (' (Not~l'ry '~^RGARET C. RLrrKOWSlO Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ . Commission Expires June 8, ~, ~2.// PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT 71~2 6463 311o oooo 7583 FROM: PATRICIA C MOORE RE: BENDICK ZBA SEND TO: JOHN J. & MARGARET RASWEII 13 FIRST PLACE GARDEN CITY NY 11530 FEES: TOTAL $ 5.54 POSTMARK OR DATE FROM: SEND TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIP~ 7192 6463 311o oooo 76o~ FROM: PATRIC~4 C MOORE RE: BENDICK ZBA SEND TO: ~1 HOOG$ON FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 71926463311000007B13 FROM: ~^m~c~ c. MOO~E SEND TO: JOHN FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 311o 0(300 7620 FROM: PATRICIA C MOORE RE: BENDICK ZBA SEND TO: ROSERT C KELLY FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 311 o oooo 7637 FROM: PATRICIA C MOORE RE: BENDICK ZBA SEND TO: ROBERT ARNING 31 WHITEHALL BLVD GARDEN CiTY NY 11935 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 00co 7644 FROM: PATRICIA C MOORE RE: BENDICK ZBA SEND TO: THOMAS MCCARTHY 1105 CARRINGTON ROAD CUTCHOGUE NY 11935 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 7651 FROM: PATRICIA C MOORE RE: BEND[CK ZBA SEND TO: RUBS UHOMMEOIEU ~ 985 CARRINGTON ROAD CUTCHOGUE NY 11935 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 71926463311000007668 FROM: PATRIC[A C MOORE RE: BENDICK ZBA SEND TO: jAMES BRADY 2451 COLUMBUB AVE OCEANSIOE NY 11572 FEES: TOTAL $ 5.54 POSTMARK OR DATE PA?RICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: ([~Addressee or [3Agent) ~. Received J3y: (Please Print Clearly) c. Date of Delivery ' ~ il~; ~';,~"A',~ ~';~;; .............................................. PATRICTA C- MOORE 51a2a MAIN ROAD SOUTHOLD NY 11971 A, Signature: gent) B. Received By: 31early) C. Date of :). Addressee's ,z PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? Service Type 2. Article Number 7192 6463 3110 0000 76511 7192 6463 3110 0000 7651 t, Article Addressed To: RUSS L'HOMMEDIEU 985 CARRINGTON ROAD CUTCHOGUE NY 11935 ...... · (Extra ,*ee) [] Yes CERTIFIED 7192 6463 3110 0000 7606 t. Article Addressed To: WM. HODGSON PO BOX 53 CUTCHOGUE NY 11935 4. Restricted Delivery? I 3. Service Type ' -- ' (Extraree) r~Yes J CERTIFIED 2. Article Number J 7192 6463 3110 0000 7613 ___ [llllllllllllllllllllllllllllllllllllll 7192 6463 3110 0000 7613 Article Addressed To: JOHN & JACQUELINE BENDICK PO BOX 733 CUTCHOGUE NY 11935 DEBANEY/BENDICK NEIGHBOR LIST SCTM: 1000-111-6-10 JOHN J. & MARGARET RASWEILER 13 FIRST PLACE GARDEN CITY NY 11530 SCTM: 1000-111-5-9 ROBERT ARNING 31 WHITEHALL BLVD. GARDEN CITY, NY 11935 SCTM: 1000-111-11-1.3 JAMES RILEY 153 OXFORD BOND GARDEN CITY NY 11530 SCTM: 1000-111-5-10 THOMAS MCCARTHY 1105 CARRINGTON ROAD CUTCHOGUE NY 11935 SCTM; 1000-111-11-1.5 WM. HODGSON PO BOX 53 CUTCHOGUE NY 11935 SCTM: 1000-111-6-9 JOHN & JACQUEL1NE BENDICK PO BOX 733 CUTCHOGUE NY 11935 SCTM: 1000-111-6-11 ROBERT C KELLY 2550 HAYWATERS ROAD CUTCHOGUE NY 11935 SCTM: 1000-111-6-19 RUSS L'HOMMEDIEU 985 CARRINGTON ROAD CUTCHOGUE NY 11935 SCTM: 1000-111-11-1.2 JAMES BRADY 2451 COLUMBUS AVE OCEANSIDE NY 11572 SCTM: 1000-11-11-2 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 · Date of t4, Restricted Delivery? 13, Service Type 2. Arti;';9N;m~63 3110 "0~" 7620 7192 6463 3110 0000 7620 1, Article Addressed TO: ROBERT C KELLY 2550 HAYWATERS ROA~?/ CUTCHOGUE NY 11935~i? PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Date of Delivery 7192 6463 3110 0000 7583 t. Article Addressed To: JOHN J. & MARGARET RASWEILER 13 FIRST PLACE GARDEN CITY NY 11530 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Sign. atu,[~,t (E]A~o~ressee or DAgent) B. R~L~V~ By: (Please Print Clearly) 4, Restricted Delivery'? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 7637 7192 6463 3110 0000 7637 t. Article Addressed To: ROBERT ARNING 31 WHITEHALL BLVD. GARDEN CITY NY 11935 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EILEEN F. DEBANEY/BENDICK Regarding Posting of Sign Upon Applicant's Land Identified as 1000-111-6-10 COUNTY OF SUFFOLK) STATE OF NEW YORK) duly sworn, d~pose and say that: AFFIDAVIT OF SIGN POSTING RECEIVED AUG 26201r! BOARD OF APPEALS , residing at ~'1o2o HA~) ~ being On the ~.~ day of August, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 26, 2010. /' Sworn to before me this ~'~ day of August, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 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 September 17, 2010 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: ZBA # 6406, Bendick/Debaney Dear Ms. Moore: Transmitted for your records is a copy of the Board's September 15, 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. Sincer~by,~ Vicki Toth Encl. Cc: Building Dept. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 June 14, 2010 ~OARD OF APPEAL~ Attn: Leslie Weisman, Chairperson Zoning Board of Appeals Main Road Southold NY 11971 RE: VARIANCE APPLICATION -JOHN & JACKIE BENDICK/DEBANY PREMISES: 1140 CARRINGTON ROAD, CUTCHOGUE SCTM: 1000-111-6-10 Dear Ms. Weisman; With reference to the above, enclosed please find 9 sets of the following: 1. Current Notice of Disapproval 2. Application with authorization. 3. Existing conditions prepared by Peconic Surveyors last dated 4/29/10 4. Site plan by Chorno Associates of existing deck 5. Project description, Questionnaire form, Agritcultural Data Statemetn, Transactional Disclosure form 6. Town property card 7. LWRP form 8. Copies of existing C.O.'s and location photo 9. Evironmental Assessment form 10. Photographs of existing conditions 11. My client's check payable to the Town of Southold for the filing fee Please place this on your earliest available calendar, Thank you and if you should have any questions, please to not hesitate to call. Very truty.~ceurs, .~Z~ ,~ ~,-~_--Pafrlcia C. Moore PCM/bp encls. C: Mr. & Mrs. Bendick [SS ll.[~l# Ol#[qll[l. I ~L ~ NOTICE ///- /o --/o COUNTY OF