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HomeMy WebLinkAbout6409o'-3 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 R CrlVED FINDINGS, DELIBERATIONS AND DETERMINATION ~,~9,- '"""/~ · - - OV 7, Z010 Sout ( d Town' Clerk ZBA FILE # 6409 NAME OF APPLICANT: Dahna M. Basilice PROPERTY LOCATION: 3255 Bayshore Road (adj. to Peconinc Bay) Greenport, NY SCTM#1000-53-6-8 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 July 13, 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.' The variance relief requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non-conforming 10,848 sq. ft. lot in the R-40 zone. The parcel is improved with a one story dwelling, attached patio and hot tub and an accessory shed. It has 75 feet of frontage on Bayshore Rd., 144.86 feet along the northern property line, 75 feet on Peconic Bay and 144.42 feet on the southern property line as shown on the survey dated January 4, 2010 prepared by John T. Metzger, LS. BASIS OF APPLICATION: Request for Variance from Code Sections 280-15, based on an application for building permit and the Building Inspector's May 4, 2010 Notice of Disapproval concerning proposed construction of accessory garage, at 1) less than the code required side yard setback of 20 feet, 2) less than the code required front yard setback of 35 feet, 3) more than the code required maximum lot coverage of 20%. RELIEF REQUESTED: The applicant proposes to remove the existing shed and construct a 519 sq. ft. accessory garage requiring variances for a proposed 15 foot front yard setback where the code requires 35 feet, proposed 5 foot side yard setback where the code requires 20 feet and proposed lot coverage of 26% where the code allows a maximum of 20%. ADDITIONAL INFORMATION: At the Public Hearing the Board requested the agent to provide information regarding setbacks and lot coverage for garages on other properties in the neighborhood and the location of the water line for the subject parcel. On September 28, 2010, the Board received the requested information. Under a prior appeal #4678 the applicant was granted lot coverage of 25%. Page 2 October 7, 2010 ZBA File#6409 - Basilice CTM: 1000-53-6-8 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application September, 23, 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: 1, Town Law §267-b(3)(b)(1). Grant of the altemative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are several homes in the neighborhood with garages located in the front yard of their properties because their rear yards are fronting the water. The proposed accessory garage will be totally screened from view from the street and side yard by existing, mature evergreen vegetation. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the lot is small and located on the water which further restricts the placement of an accessory structure on the property. Furthermore, the location of the existing house makes the location of any accessory structure in the front yard require a variance. 3. Town Law §267-b{3){b)(3). The alternate relief for the side yard setback granted herein is substantial representing a 60% variance from the code required 20 feet,. The variance requested for the front yard setback is a 57% variance from the code requirement of 35 feet and is also substantial. However, due to the existing location of the dwelling and the water line for the house from the street, the proposed location is the only feasible place for an accessory garage. The proposed increase by 1% in the existing 25% lot coverage is not substantial on this small, 10,848 sq. fi. non-conforming lot 4. Town Law §267-bO}{b}{4} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The agent for the applicant provided documentation that shows similar setbacks on the properties within 500 feet in both directions from the subject property. 5. Town Law §267-b{3}(b}{5). The difficulty has been self-created. This property has had the benefit of two prior variances, the first in 1996 (appl # 4409) was for an addition to the rear (water side) of the house extending the setback from 53 feet to 49 feet. This addition was never built. The second variance (appl # 4678) was for an existing raised patio that exceeded the minimum lot coverage by 5% and reduced the setback from the bulkhead from 53 feet to 20 feet. However, this request is for a proposed accessory garage in the conforming front yard requiring front and side yard setbacks and a 1% additional increase in lot coverage that are common in this neighborhood of small waterfront properties. 6. Town Law §267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit ora two car garage 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 Goehringer, and duly carried, to GRANT the requested variance for the front yard setback and lot coverage as applied for. DENY, the 5 foot side yard setback as applied for, and GRANT ALTERNATIVE RELIEF as noted below: 1) The side yard setback shall be 8 feet from the property line. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay Page 3 - October 7, 2010 ZBA File#6409 - Basilice CTM: 1000-53-6-8 or denial 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 ~Veisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Homing by telephone, no voting rights) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for Filing/~0 //,),/2010 Southold Town Clerk LOT COVERAGE EXIS TING HOUSE - 2213 SHED 102 $~l. ff 2315 sq. ft. 2315/IOB4B sq. ft? 21.3% PROPOSED HOUSE -' 2215 SHED TO BE REMOVED PROP. G,4RItGE 621 sqfl. 2834 sq. ff 2834/10848 = 26% AREA= 10848 sq. ft. 1o tie line LOT NUMBERS ARE REFERENCED TO 'AMENDED. MAP A - PECONfC B,4 Y ESTATES" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 1124 ?10 ~0~ ISLAND VIEW LANE 36 CERTIFIED TO' VINCENT BA$1LICE BAHNA BASILICE FLOOD ZONES FROM FIRM 36103C0159 H (9/25/09 PROPERTY A T GREENPOR T TOWN OF $OUTHOLD SUFFOLK COUNTY, N Y. 1000-53-06-08 Scale: 1" = 20' Jan. 4; 2010 NOV. 3, 2010 (PROP. GARAGE) ~tCON~C SU~V~/b~ (63,, 765- 5020 ~ P. O. BOX 909 ~'_~ 1230 TR~ VELER STREET~ sou~,o:o. ~.~. ,,~, ~-~1~ ._/ I~- RECE[VED DEC $ ~010 BOARD OF APPEALS FINAL .MAP REVIEWED BY ZBA sEE o,E~;~S~o. # ~ DATED/0 I_.~._ I.~.._ REFE~ENC, E GENERAL NOTES BUILDING DEPARTMENT GENERAL SITE I~ORK AND EXCAVATION CONCRETE AND FOUNDATIONS STEEL ROUGH CARPENTRY AND FRAMING INEULATION PLUMBING AND HVAC ELECTRICAL THE E>(IETING MECHANICAL, PLUMBING AND ELECTRICAL 5¥$TEt"IE CAN HANDLE THE ADDITION AND UJILL NOT CAUEE AN O'v'ERLOADED ON EXI&TING~ CONDITION5 MECI-tANICAL ( CHAPTER 12 TO 24) SECTION MI202 EXISTING MECHANICAL S¥STEt'1S TAE~LE R3OL2 (I) CLrMATIC AND GEOGRAPHIC DESIGN CRTlTERIA NOTE: ALL LUMBER TO BE · 2 DOUG-FIR Fb= 1148,, E= 1,4 MTS12 -- BO4 FORt 4"X4" POST BC4~ FOR ~,"X~," POST AB,44 FOR 4"X4" POST -- AB~, FOR fo"X~," POST I/2" DIA. ANCHOR BOLT OPEN PLUMBING ( CHAPTER 25 TO 32 ) SECTION P2502 F.~I6TING PLUMBING SYSII-MS ELECTRICAL ( CHAPTER 3,3 TO 4.2 ) SECTION E.33OI PROVIDE CONT. 6LOPED HANGER6 TOP OF RAFTER / UJALL BY SIMPSON DEC{< / ~OOD WALL SHED ROOF OVERHANGING FLOOR JOIST CONNECTION TO E~TERIOR WALL BUILDING DATA ESlGN CRITERIA ~ HIGH I/JiND EDITION JFCM- FOR ONE AND TWO FAMILY DWEIt lNG6 MINIMUM UNIFORM DISTRIE~JTED DESIGN LOADS USE LIVE LOAD DF-~D LOAD CEILINGS , LUALL6 ABOVE GRADE: GUARDRAIL6 AND HANDRAILS: DECKS: 40 TABLE R3OI.T'J ALLOI/JABLE DEFLECTION OF STRUCTURAL MEMBER6 6T~UOTURAL MEI~BER RAFTER5 HAVING SLOPES GREATE~ THAN 3/12 nlITH NO FINISHED CEILING ATTACHED TO RAFTERS ALLOWABLE DEFLECTION INTERIOR LUALL6 AND PARTITIONS H/I~ FLOOR6 AND PLASTERED CEILING L/3~,O ALL OTWE~ STRUCTURAL MEME~ER6 L/240 E~TE~IOR IgALL tUITH PLASTER OR STUCCO FINI6H H/3bO E~T~IOR WALL6--LUIND LOADSa WITH BRITTLE FINISHES L/~40 EXTERIOR WALL$-~JIND LOADSa LUITN FLEXIBLE FINIEHES L/120 PECK f~AIL SECTION ~ POURED FOOTING/ TREATED POST WALL HT, (H) RIDGE TENSlON~'TRAP6 SHEAR ~ALL SEGMENT DETAIL RTOOF SHINGLE NAILING PATTEf~N 12TIE H2 I~ GA. ~-~ cl TO RAFTERS 5-~ d TO SllJDS ~ 14.1, A ALIGN BY STUDS · I~" O.C. RAFTER TIE DETAIL WALL 6TRAPPING DETAIL CORNER, END BJALL, AND POST ANCHORING F~OM FLOOR TO FLOOR E NAILING ~t 6TRAPPING EXTERIOR WINDOW/DOOR HEADER FASTENING SCHEDULE 4'-.0" .4 I-2"'X~," 2 2 i 2 NOTATION: r RECEIVED BOARD OF APPEALS ALL 3 ~'WFCM Z,nn I EDITION) 4' PB~INETE~ E~D~E ZONE I~" E O (SEE NOTE 33 f O (SEE NOTE 33 E 4 (SEE NOTE 43 "mFCM 1.~1 EDITION (TABLE R3OI,2.1.Z.~ mROPOSED ADDITION TO EXI6TING t~E61DENCE DATE GENERAL NOTES, UPLIFT CONNECTIONS, NAILING SCHEDULE LEE JACOBSEN, R.A. I 15 FAWN DRIVE, EAST ISLIP ,NEW YORK l 1730 Tel: 631-581-2940 R402.2 CONCRETE. Goncrete ~ubJect to ~eatherln~ am in~lcate~ In table ~ 501.2 (I) ~hall be a~r ~mrai~e~ a~ ~n~lcate~ in TaDle ~402.2. The maxlmu~ mel~ht of ~1~ ash,other pozzolan~, ~Hlca Fume or mla~ that Is Included ~n con~rete mlxturem For ~ara~ Floor sla~ an~ ?~r exterior porches, percentages ~ the total ~eltht oF cementltfou~ mater[al~, Materlal~ used to produce concrete and temtfn~ thereof shall compl~ ~ith the applicable etan~arO~ Ii.ted [n AOl ~1¢. TABLE 402.2 HINIH H 5PECIFI COHPRE551YE 5TEEN TH OF CONCEETE TYPE OR LOCATION5 OF CONCRETE CON6TRUCTION Basement walls,roun~atlons and other Negligible Moderate 6evere 2,500 2,500 2,500 Basement slabs and Interior slabs on ~rade, except ~ara~ Floor slabs 2,500 2,500 2,500 Basement walls, Foundation malls, exterior walls and other vertical concrete work exposed to the weather 2,500 3,000 3,OOO Porches, carport slabs and st~ps exposed to th~ weather, and ~llracje Floor slabs 2,500 3,000 ¢'~ 3,~20 d,¢ a. At 28 de.js psl. b. ~ee Table R3OI.2 (I) For weath~rfr~ potentfal. c. Concrete In these locations that mag be subject %o Craezl~ a~ th~lnffi durln~ cohorts%ion shall D~ alr~n~aln~ concr~t~ In ~cor~ance ~lth Footnote d. ~. Co~r~t~ shall ~ air ~alne~. To~l air cont~n% (~erc~ b~ volu~ of c~ncr~t~) , a. ~a ~actfon R402.2 ?~r minimum c~mant content. R403.1.4 MINIMUM D PTH. ~,11 exterior Footlnc~s and Foundation %lSt~ms shall extend below the Frost Ilne specified In Table R3OI.g (L>. All exterlor Footln~s shall be placed at least 12 fnoh~s (350 mm.) below the undisturbed c.~round. R404.1 CONCRETE AND MA. ONRY FOUNDATION W LLS. Concr~ and ma~nr~ Found~lon ~116 shall ~a selected a~ ~uct~ In ~cor~ce ml%h the ~rovfelons or this ~ctfon 404.4.&,1 OENERAL. Reln?orcln~ steel shall meet the requirements oF A6TM Thru mlnl~m ~fel¢ 6~en~th o? r~lnrorcln~ steel shall 40,000 ~el (~rade ~3 (29~ Ve~lcal a~ horlzonM[ mall r~[~orc~men~ shall ?a~ oF the ~all than one.al? th~ ~all thlckneee. Stell relnForcem~ For Foundation · all~ shall ha~ concre~ cover m accordance ~th ACl ~IS. R408 UNDER-FLOOR PACE 40 .1 VENTILATION The under- Floor space between th~ bottom oF the Floor Joists and th~ earth umder ami buildln~ (except space occupied b~ a baeeme~ or cellar) shall be provided mlth ventilation openln~ throu~ ?ou~atlon ~alle or exterior ~alle. TH~ mln[mum ~t ~aa or ventilation openfn~ shall not De Ieee ~han I s~u~a Foot For ~h 150 ~u~e ?eat (O.~q m2 For e~h IOO m23 of u~er~loor 6~a¢e ~ea. On~ e~h v~llatln~ ~enln~ shall b~ mlthln 3 ~¢et (~14 mm) o¢ each R40 .2 OPENING6 FOR UNIDE -FLOOF VENTILATION The minimum ~t area of ventilation openlnln~s shall not be [ess than I square Foot (O. O92~ rog) ?or each 150 e<~uare (IOOmg) ~ under Floor epac~ ~aa. One ~h ve~llatl~ openl~ shall be mTthfn 3 ?~et (~14mm) or e~h corner or the building. Ventilation openTn~ shall be covered rot shall ~ ~xceed I/4 Inch (~.4mm3: l. Perforated eheert, metal pla s not lees than O.O'10 Inch (I.Smm) thick. 2. Expanded sheet me,al plates not lees tha~ 0.041 Inch (I.2m~ thick ~. C~t Iron ~llle or ~I~ 4. ~sd Io~e~l~ brick ve~. 5. N~d~a cloth d O;O35 l~h (o.~ ~lre or ~vl~r. ~. Comoslon ~efe~ ~1~ m~, mfth t~ le~t dl~lon beln~ I/8"l~h (3.2mm) m~e ~1~ ~l~~ le I~ ~ ?1o~. SEPaRaTION ~30'~.1 OPENING PROTECTION Openings From a private ~ara~ dfrectl~ Into a room used For sleepIn~ purposes ~3OG.1,1 DU~T PENETRATION the ~allln~ ~rom the ~ra~ shall be contracted of a minimum No 2~ ~au~ ~30~.2 6EPARATION REQUIR~ The ~ra~ shall b~ s~paratad ?r~m th~ reeldenc~ and 1~ attic area by horlzon~l or verUcal eaparatlone comFormfn~ to r 30~.2.1 a~ r3OB.2.2. ~hffir~ ~rtlMon~ ar~ ~ffid to ~ara~ v~rt~c~ll~ an at~hffi~ ~r~ From ~ ~111~ I~ H~u or ~ro~ln~ ~r~ltion~ that ha~ · ~/4-hour FIr~ffieletan~ ratl~, thick, T~-~, ~eum board m~b~ lnetallffi~ on th~ ~ar~ eld~ ~ o~ la~er of 1/2-~h ~hl~k, T~-X, ~um board m~be inetall~d on t~ o~o~lt~ e~. Ap~ll~lon eh~ll b~ ~n ~cor~a~ ~l~h ~02.~ ~h~r~ horizontal con~u~Ton le ue~ to m~arat~ ~hffi ~r~ From thffi rffi~l~e~ O~nin~ In horizontal ~hall not b~ ~rmltt~ ~x~ ~h~rffi ~h~ r~l~ ~6 o~h~ ~rot~c~ b~ v~l~l ~aratlon. ~her~ th~ horizontal e~aration ie · rloor~llln~ ~1~, th~ etructur~ mu~ortln~ ~ ~aratlon ~h~ll al~o b~ ~rot~c~ffi~ b~ not I~ee (l~.~mm) T~p~-X ~p~um board or [ R4 FT6TOPPIN R314.~ UNDER 6TAIR PROTECTION Enclosed accessible space under stairs shall have walls, under stair surface and anq eofFrte protected on the enclosed slde I/g-Inch (12.'1mm) ~ypeum board. ~2.12 DRAFT6TOPPING REQUIR~ ?OIIomln~ circumstances: 1. Callln~ le euep~nda~ under the Floor Framing. 2. Floor ?ramln~ fe conetr~ted of truee-t~pe prart~t¢ppln~ materials shall mot ~ Ieee thmn I/2-~ncH (12.~mm) ~eum ~0~¢, 5/~-Inch (~,~mm) mood structural pan~le, 3/~-Inch (~.Smm) T~p~ 2-M~ partlcl~board ~equatel~ supported. ~raFtetoppln~ shall b~ Installe~ ~arall~l to th~ Floor framln~ mambos. The Int~lt~ of all FI LO KIN R502.13 FIREBLOOKING REQUIREID Flreblockln~ shall be provided In wood-Frame floor construction and ?loor-~elllnffi assemblies Flrablockln~ shall b~ provided to cut o?? all conceal~ draft o~nfn~e (both v~rtfcal a~ horizontal) and to Form an ~F?~ctlve ?lr~ b~rl~r b~n e~rl~e, a~ ~e~en a to~ stor~ a~ the rroF l. In concealed spaces of stud walls and partitions, Includln~l Furred spaces, at the cellln~ and Floor levels. Concealed horizontal Furred spaces shall also be Flreblocked at lm. erva[e not exceedln~i IO Feet (304~mm). Batte or blankets o? mf~ral or ~Laes Frber shall be all~ ~ ?lr~lockfn~ In malls constructed usln~ ~arallel rows o? etude or starred 2. ~t all lnterconnactfone bet~n conceala~ ve~lcal and horizontal spaces such as occur at ~, ~n ~o~l~d ~ ~ ~a[r ~trln~r~ at tH~ ~o~ ~ ~ottom oF ~h~ run. En~lo~ 4 ~t op~n[n~ ~rou~ v~n~, p~p~ ~ duc~ at ~1~ ~ floor I~1, to r~ ~h~ rr~ 5, For ~h~ ¢lr~lockln~ o¢ chimings ~ ¢ir~la~, ~ ~1OO1.1~. R~O2.~.l M~TERIAL$ Except as provId~:l In R&og.~, Ib~m 4, ?lreblockln~ shall consist o? 2-1nth (51mm) nominal lumber, or two thicknesses of' )- Inch (25.4mm) nominal lumber with broken lap Joints,or on~ thlcK~ee o? 23/32-1nch (19.~mm) wood etruct~al panels mlth Joints ~acK~d by 23/32-Inch (l~.~mm) ~ood e~uctural pan~le or one thick.es o? 3/4-Inch (19.1mm) p~Iclebo~ mlth Joints backed b~ 3/4-1nth dB. Imm) part/clebo~d, 1/2-Inch (12.qmmJ ~p~m bo~d o~ I/4-[~h (~.4mm) ce~a~ mlllbo~d. Batte or blanka~ of mlnera~ ~ol or ~laee rl~ fne~ll~ In ouch a maker ae t~ be ~cu~e~ ~e~l~ In place ~all be pem[tted a~ ~ acceptable rife Dlock. Looee~lll I~ul~lon material shall not be u~ as a Flr~ ~loc~ unless ~cl~lcall~ t~s~ ~n the R LAZING R 308.4 WAZ~,RDOU6 LOCATION6. The ?ollowln~ shall be coneldered specific hazardous locations For +.he purposes of ~lazln~l= RECEIVED DEC S ?010 BOARD OF APPEALs 1. ~lazln~ In elde-hln~d doors except Jalousies. 2. ~lazln~ In Fixed and slld[ncj panels of slTdln~ door assemblies and panels In slldln~ and closet door assemblies. ~. ~1~ In all un~ram~d ~ln~ln~ ~oore. ~. ~]~[~ In ~oor~ an~ ~nclo~r~e rot hot ~b~, ~hir~ool6, ~auna6, ~team roo~6, ~ath~ub6 and of ~h~ ~lazln~ le I~ee than ~0 lnch~ (l~2~mm~ ~ov~ ~he Floor or ~a~ln~ ~0 Inches (1524mm)) above th~ ?loot or ~alKl~ ~. Glazln~ ~n an ~n~l~l~ua~ ~lx~ or opara~l~ pan~l, ~her than ~ho~ locations ~a~¢rlb~ In I~m~ 5 an~ 9.L ~poeed area o¢ an indfvldual pane ~ater than 9 square F~at (O.~3~ m2). ].2 Bottom ~ less than I¢ Inches (459mm) above the ?IOOF. 9.3 Top ad~ ~ater than 3~ Inches (914mm) above the 9.40n~ or mor~ ma[kln~ eurfac~ ~fthln 3~ Inch~s (B14mm) horlzonta]l~ of th~ ~lazln~. ~. All ~lazln~ In railings r~ar~lese o~ an ar~a or heist ~o~e a ~al~l~ s~r~aca. Inclu~e~ ar~ structural baluster panels an~ none~ructura[ In-~lll pan~l~. ~. Gl~ln~ In walls ~ r~ncee enclo~ln~ ~ndoor a~ ou~oor ~Imm[n~ pools, hot ~bs a~ spas ~hr~ bo~om e~ o~ the pool or spa e[d~ le less ~han ~ I~ches (1524mm~ abo~ a ~alkln~ surface and ~ incha~ (1524mm) hor[zon~all~ or ~he ~ater's ~d~. This shall appl~ to sin~le ~lazln~ and ah panee In · h~n th~ ~xpo~ eurfac~ oF the ~laee [~ I~e~ than ~O ln~h~ (l~24mm) a~o~ th~ pman ~F ~h~ · alkln~ ~urFac~. )l. ~lazln~ ~Ja~nt to etalr~a~ ~mthln ~ Inch~ (m~24mmJ horlzontalm~ oF th~ bo~[om ~a~ oF a ~talr~a~ In dlr~ctlon ~hen [he expo~d ~urFa~e oF th~ ~[a~ In mee~ ~han ~G I~he~ (l~24mmJ a~ov~ th~ no~e o~ th~ tr~. EX~b~TmoN= :INAL MAP SEE DEClSlOI o The Followln~ products, materials and uses are exempt From the above hazardous locations= I. Openings In doors throu~h which a 3- Ir,=h (g&mm) sphere Is unable to pass. 2. Decorative ~lass In item I,~ or 'L 3. Glaz[n~ In r30~.4, Item &, mh~n there Is an lnterv~nln~ mall or other perman~n~ b~rler b~tme~n the ~oor an~ th~ ~lazln~. 4. Glazln~ In e~ctlon R~O~.4 ,Item~, In malls perpe~icul~ to th~ plane of %he door In a or where access through the door le to a closet or etora~ area 3 Feet (914mm) or Ieee In depth. ~laz~n~ ~ I~hes~ 2 Inches (~14mffi +-51mm) a~ove th~ Floor. The ~ar shall b~ c~le a horlzon~l Io~ or 50 pounds per l[~ar ~oot (14.Skf/m) ~lthout con~U~ %h~ ~lase o~ I- I/2 lnch~e (3~mm) In &. Ou~oard panes In lneumatln~ ~l~s unfts a~ other mumtlple ~laz~ panels In R30~.4, Item 9, when the bottom ed~ o? the ~laes le 25 ?~et (9~2Omm) or more above ~e, a roo?~alk[n~ eur?~, or other horizontal [ ~lthln 45 d~r~s (O.9~ ra~) o? hoHzon~l ] su~ac~ to the ~laee ~xt~rlor. ~. ~[rror~ an~ o~h~r ~laee panel~ mo~ or hun~ on a ~ur~ac~ t~ ~ovi~ a continuous RE61DENT[~L CODE NOTE6 of NELU TORK ~TATE 'LEE JACOBSEN, R.A. 115 FAWN DRIVE, EAST ISLIP ,NEW YORK 1't730 Tel: 631-581-2940 ARCHITECT: TO: RECEIVED FORM NO. 3 NOTICE OF DISAPPROVAL JUL t~ ZOlO~/~)~ APPEALS DATE: May 4, 20~OARD OF Dahna M. Basilice 3255 Bayshore Rd. Greenport, NY 11944 Please take notice that your application dated November 30, 2009: For permit to construct acgessory garage at: Location of property: 3255 Bayshore Rd. Greenport, NY County Tax Map No. 1000 - Section 53 Block 6_ Lot _8 Is returned herewith and disapproved on the following grounds: The proposed accessory garage, on this non-conforming 10,890 square foot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-15; lots measuring 10,000 to 19,999 square feet, require a mimmum side yaid setback of 20 feet and maximum lot coverage of 20%. Additionally, in the case of waterfront parcels, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the principal front yard setback... The survey shows a side yard setback of 5 feet (20 required'), and front yard setback of 15 feet I35 feet required') with lot coverage of 26% +/- (20% required). A~thorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Bnilding Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March31,2010 TO: Dahna M. Basilice 3255 Bayshore Rd. Greenport, NY 11944 Please take notice that your application dated March 29, 2010: For permit to construct accessory garage at: Location of property: 3255 Bayshore Rd. Greenport, NY County Tax Map No. 1000 - Section 5~3 Block 6 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed accessory garage, on this non-conforming 10,890 square ~tbot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-15; lots measuring 10,000 to 19,999 square feet, require a minimum side yard setback of 20 feet and maximum lot coverage of 20%. Additionally, in the case of waterfront parcels, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the principal front yard setback... The survey shows a side yard setback of 5 feet (20 required), and front yard setback of 15 feet (35 feet required) with lot coverage of 33.3% +/- (20% required). Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. TO: Dahna M. Basilice 3255 Bayshore Rd. Greenport, NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 1, 2009 Please take notice that your application dated November 30, 2009: For permit to construct accessory garage at: Location of property: 3255 Bayshore Rd. Greenport, NY County Tax Map No. 1000 - Section 5_}3 Block 6 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed accessory garage, on this non-conforming 10,890 square foot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-15; lots measuring 10,000 to 19,999 square feet, require a minimum side yard setback of 20 feet and maximum lot coverage of 20%. Additionally, in the case of waterfront parcels, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the principal front yard setback... The survey shows a side yard setback of 5 feet (20 required), and front yard setback of 15 feet (35 feet required') with lot coverage of 33.3% +/- (20% required). Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require thrther review by the Southold Town Building Department. CC: file, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS a. ISLES, A.I.C.P DIRECTOR OF PLANNING July 13, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair 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 Tenedios, Steve & Olga Quinn, Bonnie M. Basilice, Dahna 6407 6408 6409 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPLICATIO~TO SOUTHOLD TOWN BO~/D OF APP~,C~vI=D '~ ' ? THE Fee: $ DIr~ Filled By: Office Notes: For Office Use Only Date Assigned/Assignment No. JUL 6 2010 Parcel House No. 3255 Street Bayshore Road Hamlet Greenport SCTM 1000 Section 5~3 Block 6~ Lot(s) 8 Lot Size 10,848 sq ft Zone R40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 1,2009, redated March 31, 2010 redated May 4, 2010 BASED ON MAP DATED Jan 4, 2010 Applicant/Owner(s): Vincent P. Basilice and Dahna~2silice Mailing Address: 3255 Bayshore Road, Greenport, New York 11944 Telephone: (516) 527-3000 Fax#: Email: NO'I E: In addition to thc above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract, vendee, etc. and name of person who agents represents: Name of Representative: Abigail A. Wickham for ( X ) Owner, or ( ) Other: Agent's Address: Wickham, Bressler, Gordon & Geasa, P.C., P.O. Box 1424, Mattituck, New York 11952 Telephone: (631) 298-8353 Fax#: (631) 298-8565 Email: wwblaw~aot.com Please check box to specify whom you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s) X Authorized Representative i Other Name/Address WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED Jan. 4, 2010 DENIED AN APPLICATION DATED Nov. 30, 2009, as amended FOR: aa Building Permit n Certificate of Occupancy Pre-Certificate Occupancy rn Change of Use rn Permit for As-Built Construction and Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XIII Section 280-15 (sideyard setback) 280-16 (frontyardsetback and lot coverag_9_) Type of Appeal. An Appeal is made for: ~lk A variance to the Zoning Code or Zoning Map. rn A Variance due to lack of access required by New York Town Law-Section 280-A [] Interpretation of the Town Code, Article Section rn Reversal or Other A prior appeal ~ has or [] has not been made at any time with respect to this propertw, UNDER Appeal No 4678 Year 1999 , and under Appeal No. 4409, Y~r 1996, however,, thSs · -- r-- : .... addition was never oullt. (p ease be sure to research before completing this quesUon or call our othcc to asses you.) RECEIVED REASONS FOR APPEAL (additional sheets may be used with preparer's signature90ARD Of APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (a) as to the sideyard setback, the proposed garage is at the same setback, 5 feet, as the existing shed which will be removed, and comparable to the garage on the property immediately to the South. While it will be 14.7 feet longer than the shed, it will be screened for its full length by an existing hedge and located well forward of the adjoining neighbor's residence. As to the frontyard setback, the proposed garage is at the same or greater setback, 15 feet, as the garage on the property two lots North. It will be fully screened from the road by an existing hedge. The proposed location, as to both side and front yard setbacks, is consistent with other accessory garages in the neighborhood. (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: (a) the garage is situated a reasonable distance forward of the residence, and would block light and air to the residence and the landscaping on that side of the residence if located further from the street; and overpower the front yard view from the street; (b) if it were closer to the street the turning radius into the garage would be too tight; and (c) the narrowness of the lot renders this the appropriate location. Further, a one car garage would take less room but would mean one of the owner's vehicles would be parked outside. Internal parking would make for a heater property and improve the look of the neighborhood. If the garage ±s set back further from the street, it would interfere with the sanitary system and block access to the water along the North side of the house. (3) The amount of relief requested is not substantial because: the setbacks are not unlike those of existing accessory structures in the immediate neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the structure will be well screened and one story in height. (5) Has the alleged difficulty been self-created? ( ) Yes, or (X) No. It is a result of the small lot size, which is typical of the neighborhood. Are there Covenants and Restrictions concerning this land: ) Yes, or ( X ) No. 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPEL TE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney) Signatur/eTof APp[llant or Authorized-'~gent (Age~J~i.u. st submit written Authorization from Owner) Abigail A. Wickham, Authorized Agent Swom/~e.~fore me this ~/~/' Notaf~ u b-lic ' - DONNA McGAHAN Notary .Public, State of NewYork No. 01MC485145B Qualified In Suffolk Count~_ __ Commission F. xplre~ A~g. 18, ~ RECEIVED Applicant(s): APPLICANT'S PROJECT DESCRIPTION JUL 6 2010 ,., (for Z.B.A. Reference) ~ ~.p ¢~ BOARD OF APPEALS Basilice, Vincent P. and Dahna I,I. Date Prepared: April 23, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: Shed, 12.3 feet by 8.5 feet (102 st) II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: New Garage 27' X 23' 621 sf Dimensions of new second floor: N/A Dimensions of fioor above second level: N/A Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) Measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,315 sf Proposed increase of building coverage: 519 sf Square footage of your lot: 10,848 sf Percentage of coverage of your lot by building area: Before 21.3% After 26% V. Purpose of New Construction: To replace a shed with a two car garage Vi. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat VI1. Covenants affecting Premises: Please submit seven (7) photos, (labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to e altered with the yard view. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION"- JUL A. Is the subject premises listed on the real estate market for sale? ~n Yes ~ No B. Are there any proposals to change or alter land contours? ~ No ~Yes, please explain on attached sheet. BOARD OF APPEALS I) Are there any areas that contain wetland grasses? NO 2) Are these areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? YES 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination ofjurisdict!on? /'fro Please confirm status of your inquiry~or ' ' ]~O~</~tat~') application with the Trustees: S6'oc-hc~'e ts > IOO ~'¢¢Jc ~rom U.)~4~ct~c[~ (.10'5 ~l~',d 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 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? NO Ifyes, pleaselabel the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel use Single Family Residence (ex~amples: existing: single-family; proposed: same with garage.) "~ ZgAuth~fr]'zed Signature and Date Abi~ A. Wickham, Esq., Authorized Agent Single Family Residence and proposed 617.20 Appendix C State Environmental Quality Review RECEIVE_~ ~ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only JUL 6 ~O1L1 PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2.PROJECT NAME - Garage Dahna M. ~ Basilice / Variance Application BOARD OF APPEALS 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 3255 Bayshore Road, Greenport, Iq~ 11944 - SCUM# 1000-53-6-8, which is 1,030.64 feet northwest of the intersection of the northerly side of Island View Lane and the easterl' side of Bayshore Road. 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Proposed Accessory Garage - variance required due to insufficient side and front yard setbacks and lot coverage. 7. AMOUNT Of LAND AFFECTED: Initially .25 acres Ultimately .25 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~] No If No, descdbe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParldForestJOpen Space [] Other Describe: Residential R-40 Zoning. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~LJ No If Yes, list agency(s) name and permit/approvals: Building Dept. - Building permit and C.O. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~r~ No If Yes, list agency(s) name and permitJapprevals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ["~ No I CERTIFY TI-~E IN F~IRM~TIQN~J~ROV/QEB/ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Signature: I If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceed ng w th th s assessment I OVER '"PART I1"- 'IMPACT ASSESSMENT [. ~,~.. completed by Lead Agency) // A. DOES ACTION EXCEED ANY ~PE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ," ~Yes ~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r-lYes [-'1 No 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, ex[sting traffic pattam, so~[d 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? Explain 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 other natural resources? Explain briefly: C5. Growth, 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 Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABL[SHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY 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 necessa[7, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part II 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 you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ] Check this box if you have detarmined, based on the information and analysis above and any supporting documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the oarl of town officers and emnlovees. The nurpose of this form is to nrevide information which can alert the town of ~osslble conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Abigail A. Wickham pemon's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of Zone Approval of plat Exemption from plat or official map Other (If"Other", name the activity J (Last name, first name, middle initial, unless you are applying in the name of someone else or other *ntity, such as a company. If so, indicate the other Building Tmstee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee oftbe 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% &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 Southold 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 employee or his or her spouse, sibling, parent, o'r child is (check all that apply): A) the owner of greater than 5% &the shares &the corporate stock oftbe applicant (when the applicant is a corporation); B) the legal or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this n~j~ay ofq~ Signature Print Name Ab'l~il TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Vincent P. Basilce Dahna Basilice (Last narne, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If co, indicate the other person or company name.) Agent: Abigail A. Wickham RECEIVED NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activity__ X Reversal of Stop Work Order BOARD OF APPEALS 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 lf you attswered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provide& The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or .D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 30~h ~_.f O~.~2010 Signature [,3~'' ' ~' / ~ Print Na~Vin ~;~ili. ce Signature~ ~r~ 'k [~;~;Y~ Print Nan~ '~]D~hna Basilice t. VINCENT P. BASILICE and DAHNA BASILICE - Accessory Garage 3255 Bayshore Road, Greenport, NY 11944 1000-53-6-8 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED JUL6 BOARD OF APPEALS A. INSTRUCTIONS I. 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. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, lfan action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000 53-6-8 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees ZBA 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: Nature and extent of action: Construction of accessory garage. Location of action: 3255 Bayshore Road, Greenport, NY Site acreage: 10,848 sq ft Present land use: Residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Vincent P. Basilice and Dahna Basilice (b) Mailing address: 3255 Bayshore Road, Greenport, NY 11944 (c) Telephone number: Area Code (631) 298-8353 (Abigail Wickham) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO 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 of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No (Not Applicable ) YES. This project will allow utilization of the open area furthest from the waterfront, and provide interior parking space for the vehicles using the site. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable) YES The proposed location is tucked in the comer of the property, will not be visible from the water, and will avoid outdoor parking of the primary vehicles on the site. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Structure is in Zone X Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE No plumbing facilities Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable) Not Applicable WORKiNG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable ) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No (Not Applicable) - Not applicable. ERICJ. BRESSLER ABIGAIL A. WICKHAM I,YNNE M. GORDON JANETGEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 I'ELEFAX NO. 631-298-8565 v, wblaw(~aol.com July 2, 2010 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Dahna M. Basiliee WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 RECEIVED BOARD OF APPEALS Premises: 3255 Bayshore Road, Greenport, New York SCTM# 1000-53-6-8 Ladies and Gentlemen: The Building Inspector has issued a Notice of Disapproval stating that proposed accessory garage does not meet the Town's requirements pursuant to Article III Section 280-15 and Article 1II Section 280-14 regarding lot coverage, and due to insufficient side and front yard setbacks. Accordingly, we enclose the following papers, in nine sets, in connection with the Notice of Disapproval dated May 4, 2010: 1. Copy of Notice of Disapproval updated May 4, 2010; 2. Application to Southold Town Zoning Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Forms for owner and agent; 6. LWRP Consistency Assessment Form; 7. Consent of Owner; 8. Applicant's Project Description with photos; 9. Map of project area prepared by Peconic Surveyors; 10. Building Diagram of Garage; 11. Appeal fee of $600.; 12. Copy of the tax map and Assessors Card; 13. Copy of Deed to the premises; and 14. Receipt from Zon±ng Board (original set only). Please schedule this matter at your next available hearing. AA I}~ dm encl. 30 Shdzbaapp Very truly yours, Abigail A. Wickham CONSENT Re: Premises: 3255 Bayshore Road, Greenport, NY 11944 SCTM#: 1000-53-6-8 JUL D BOARD OF APPEALS ViNCENT P. BASILICE and DAHNA BASILICE, the owners of the above referenced property (the "Premises"), consent to their attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make a variance application to the Town of $outhold Zoning Board of Appeals sideyard and front yard setback relief, to make applications for Notice of Disapproval and or Building Permits or Certificates of Occupancy to the Town of Southold Building Department, and to deal with and make applications if required to the Suffolk County Department of Health Services, Suflblk County Water Authority, Southold Town Board of Trustees and NYS Department of Environmental Conservation, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals or obtain information fi'om such Agencies. This authorization shall include all matters in connection with those applications and matters. Dated: April 30, 2010 Dahna Basilice ZBA 'Basilice/consent RECEIVED JUL 6, ~)i; ~:30ARD OF I~PPEAL$ I lmllllllli~liiHilBl~lllllllllll Illiilillllill JUL 6 2010 BOARD OF APPEALS · OFFOLK COUIlTY CLERZ Recoz~edz 09/23/2007 -~a. Ld ~AOB X8 k ~JdtT C)~ ~ ~Tud£th A, l)&oc&le This doelJmeMwlll hi ~ or reeofll. PJa~ie rernotm all L Social Numbem prior {o mordinB. ,.,'3,~& dh'/.F...,',&vt- I Suffolk Co~ RecordlnR & Endorsement Page TMm Of ~ou~toId, New Yo/k, OKO W. VBr~T~L Laird ~m4yo~, ~ld fbd hl ~h. ,-~' TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT LAND ACREAGE IMP. TOTAL DATE TYPE OF BUILDING JlND. JcB. J MlSC, NEW' NORMAL ABOVE Farm Acre Value Tellable ] Tillable 2 Tillable 3 Woodland Swamplond.~, Brushland House Plot BUILDING CONDITIOh BELOW Value Per Acre FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wv, blawf~aol.com WILI.IAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I I I MEI,VILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 September 27, 2010 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 RECEIVED Re: Dahna M. Basilice 3255 Bayshore Road, Greenport, New York SCTM# 1000-53-6-8 ZBA#6409 8OARD OF APPEALS Ladies and Gentlemen: Enclosed are eight copies of chart showing setbacks and lot coverage for other garages in the neighborhood and map showing location of public water line. These items were to be furnished following the closing of the public hearing. Thank you for your attention to this matter. ,,I,4 ~E dm enc]. Zba Baxilice qtrzbcl Abigail A. Wickham BCh~ID.tlF APPEALS , ~ U~JARD OF Bas,lice, Appeal ~o. 6409 - Chart of other dctaclncd garage setbacks ~n neighborhood: Numbers relate to photograph numbers tn application. <nl~(o ~0~' Bas~]ic¢ ~s #3255 Bay Shore Road, Tax Map # 53-6-g Photo # Street # Tax Map # # of cars Front yd setback Sideyd setback Lot Cov. % 1 2705 53-6-1 1 5.5 2 /~ 20 2 2855 53-6-3 2 10 +/- 2.4 25.2% 3 2905 53-6- 4 1 10 2+/- 27.58% (ZBA #5375) 4 3165 53-6-6 2 8+/- ~ 10 ~ 20 [Basilice 3255 53-6-8 (2) (15) (5) (26)] 5 3345 53-6-9 2 34 .06- 2 <~ 20 6 3705 53-6-16 1 12.2 2.6 23%+/- (ZBA4971 ) 7 3805 53-6-18 2 9.5 4 Note: +/- = approximate > = more than ~. = less than ZbaJbasilice/setbackchart '/5 ? 0848 ,'sq.//. ARE REFERENCED TO ~MENDE~ EC 8AY ESTATES' FILED ~ THE 'SUFFOLK CO~NTYCLERK AS pio ISLAND iAA.86' 56 VIEW LANE' CERTIFIED TO, VINCENT BAS/LICE BAHNA BASILICE FLOOD ZONES FROM FIRM' 36/03C0159 H (9/25109 SUR YEY OF PROPER T y-.° A T GREENPOR T 7-0 WN OF SOUTHOLD~ . SUFFOLK.COUNTY, .N. Y~ 1000-53-06-08 Sca/e.,. 1" = 20' Jan. 4; 20~0' -/ ~Y.S. LIC. NO. 49618 SOUTHOLD, N.Y. 11971 ~,~--~-~/ (~ . House~P~an HWi~PLl1837 image 11./29/09 5:05 PM window O~mtor Get accredited ~aining at our CAD school & start a new career path! Anthem- Instit ute.com/C~_Dmlting http://www.eplans.com/image-gallery, hwx/Q/Plan.HWEPLl1837/Imageld.]08499 Page 1 of 1 House Plan HWEPL11837 image 11129109 5:10 PM UNFIN. STORAGE UNE OF 8' CLG I I I I I I I I I I I I I I dose window I I I I I Travel New Imaae View Beautiful Image ~ide Shows Produced By Bing Travel! w~w~.t~ng.tom/Travel Photo Imaoe View Beautiful Image Slide Shows Produced By Bbg Travel! http:llwww.epl~ns.comlimage-gallery.hwxlqlPlan.HWEPL1183711ma~eld.109907 Page 1 of 1 House Plan HWEPL11837 image 11/29/09 5:07 PM ~., GARAGE · r.r -~, I I I t I I I I I I I I I I I [ I I I I I I I I I I I I I I I I I I /'~-~. I ~ I Travel Photo Imaae View Beautiful Image Slide Shows Produced By Bing Travel! Double Image view Beautiful Image Slide Shows Produced By Bing Travel! http:llwww.eplans.comlimage-gallery.hwxlQIPlan. HWEPL1183711mageld.[09792 Page 1 of i APPEALS BOARD MEMBERS Gered R Goehringer, Chairman Serge Doyen, Jr. lames Dinizio, Jr. Robert A. V~I/a Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF TIlE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 21, 1996 APPLICANTS: VINCENT and LINDA BASILiCE- Appl. #4409 LOCATION OF PROPERTY: 3255 Bay Shore Road, Greenport, NY, also shown on the Subdivision Map of Peconic Bay Estates. COUNTY TAX MAP DISTRICT 1000, SECTION 53, BLOCK 6, LOT 8 BASIS OF ACTION: July 23, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning 'Code concerrLiBg proposed 49 fi. setback from existing timber bulkhead for a new dwelling addition (ext. emsion of 4' by 21' into the rear yard). MOTION MADE BY: [~. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED 49 FT. SI~'rBACK FROM EXISTING BULKHEAD for the proposed 4' x 21' exlension at the rear of dwelling which was referred for ZBA jurisdiction under the July 23, 1996 Notice of Disapproval from the Building Inspector. (Note: An on-grade patio as shown on the 7-10-96 sketch has not been a part of thLq application since the zm~ug code exempt~ patios at or below grade from the permit requirements. Any on-grade patios, sidewolk-q, and other improved areas sbAl! not be enclosed without further application to the Building ]inspector for permits, and if necessary to this board and other agencies having jurisdiction. ) ~ REASONS/FINDINGS: Addition is proposed with a reduction of the existing established setback from 53 feet to 49 feet to allow for a new addition. The portion of the addition which has been disapproved by the Building Inspector involves a 4' by 21' wide protrusion into the rear yard. The setback reduction is minimal in relation to the code requirement, and this is the first variance request for a reduction concerning this parcel. E(' I e ' THE SOUTHOLD TOWN CLEF, K ZBA:Ik DATE ¢'/&q/?~ HOUR 31oo ?t~ Ayes: Serge J. Doyen, James Dini~.io, Jr., .~rard P. Goehringer_v.=_~ (Member Tartara3.L~~ abseffc.) ../'-GERARD P. GOEHRINGER, ~IR~N /' Approved for F~ng TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20 Approved _, 20 Disapproved a/c Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans plamung Board approval Survey Check%'-0, ,5,i' Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: 5I(-~ 5-o?7 BLOG. 0£PT. TOWN OF SOkJTHOLO Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,200'/ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of SouthOld, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectom on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (l~lailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~'~ ~t~r e~ 0t~U¢~.'('" e"~c,${,{tC (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed ~vork will be done: House N~ber t S~eet - ~ H~let Co~ty T~ Map No. 1000 Section ~ ~ '~-~ Block Subdi~sion Fil~ Map No. Lot ._~(a ~' i'7 Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ~9~ OC~ a. Exisfing use and occupancy 0ri (o-.lt~- [r~'Y'gg~ b. Int nd du. d. u 4 --- 3. Nature of work (check which applicable): New Building ~/ Addition Alteration Repair Removal Demolition Other Work (Description) Estimated Cost ~r c~(~ ~'~ Fee If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. o Dimensions of existing structures, if any: Front Rear Height. Number of Stories ' ~, Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories ~, Dimensions of entire nbw ~>nstmcUon: Front Rear Height Number of Stodes Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__ NO __ 14. Names of Owner of premises t/~'~'-~*¢(~ ~ Address ~1 l..~m~' '-~ ~__~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 fi'eshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~/ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 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. STATE OF NEW YORK) s: ~c.~'~Jff- ~'bOt_qt' [{ Ca'I_... being duly swom, deposes and says that (s)he is the applicant ~me of ~dihd~l sing contract) above m~, (S)He is ~e ~'~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swom to before me this ,,:~0 dayof Notary Public vIcKI TOTH Notary Public. St~P_ of New York No. 01T06190696 Qua ified in Suffgt .k ~u~ ~ "L Commissiofl Expires ~u y to, ~ Signature of Applicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-21142 Date NOVEMBER 10, 1992 THIS CERTIFIES that the buildin~ ONE-FAMILY DWFI.LING Location of Property 3255 BAYSHORE ROAD GREENPORTr NY House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 6 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9r 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-21142 dated NOVEMBER 10~ 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE-FAMILY DWRrJ.INGWITH PANTRY OFF KITCf~,NAND SmD ATTAC~ED TO SOUTH SIDE OF DW~.?.LING. ~* The certificate is issued to DIANE .SALR~NO (owner} of the aforesaid building. SUFFOLK COUNTYDEPARTMENTOFHEALTHAPPROVAL UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A **PLEASE SEE ATTACHED /-NSPECTION REPORT. Rev. 1/81 Subdivision ;~p Mot . Lot(s) .. Na,~e of Owner(~O m~a~ SAL~O 0ccupan~y ~.- I ~SlDE~r~AL Key available _ D':,~LL I MG: ,Type of construction Accomp~i~d by: SAF~ Suffolk Co. T~c Mo. '- ' Date .4181~2 WOOD ~ ,~stories ONE Foundation. C~NT .Cellar 3/,% Crawl space I/4 Total rooms,.lst. F1 ? 2nd. F1 5r~. F1 Bathroom(s) 2 ~ BAT~$ · Toi!e~ room(s) Porch, ~e ~ ~os~ Deck, ~ ... Patio, t~ Breezewa~ _Garage Utility r~ ~pe Heat OIL ' Wa~ Air ~ Hotwat~r Fireplace(s)' O~ .No. ~¢i~3 2 Airconditlcni~ · Dcmestic hatwater ~S ,~e ~ezter P~OP~ ACCESSORY STRUC~L~E3: NO~ : .,- G~rmge, ~y~e tansy- Storage, ~e const. Swir.=ing pool Guest, t~e const. 0thef ,j Descrimtion J Art, J Sec. ,~ncat!en ,, Incpected by: - I J I t I I I I I I · .D~te of In"-p.4/20/92 amd ]1/9/92 · Time startg:3o end 9:45 ..~ECE!VED JUL 6 .2010 BOARD OF APPEALS .[' 'i M A.,5 DA'bEN . St.)~VE"fED ¢OI2., E.' GOO'D~ICH APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Janles Dinizio, Jr. Lydia A. Tortora Lora S. Collins- George Homing TOWN OF'SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 TelephOne (5t6) 765-1809 FINDINGS,DELIBERATION, S AND DETERI~E~ATION .,i M~E-FB<jG OF.MAY :5, 1999 Appl. No. 4678 - VINCENT BASIUr. f 1000-53-6~8 STREET: &.LOCAl_l-fY.:. },255 :Bay Shore Road, Greenport DAll~ O~iPUBLIC HEARiNG.:] April 22~ i999 r'-[NDINGS OF FACT PROPERTY FACTS/DESCRIPTION: ,~p[I 'n.t's property is located along-the east side of Bay Shore Road, GreenP°rt. A survey map be ~Ji~ date, prepared for pdor owner. Go°ddch; shows 75 ft. width and 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. ft. However, h~ Building inspeCtOr's dis~ppr~vaJ is ban ~n an aEea of :L3,1'12 sq. lc. The property is i~proved with a principal slngle~f-ami.ly dwelling, ~ back 55+- feet at its. closest point from the front property line, 17 feet from the southerly ptol~ffy line and 7+- foot setback from the'northerly line. The current'lot coverage S app~0xq?nate!y 2172'sq. ft. ' BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1.999 for 'raised bdck patio areas in excess of 20% lot coverage limitaUon and less than 75 feet from the bulkhead, Artide IIIA, secffon 100-30A.3 and:AKdcle ~II~,:Section i00-239.4B. RL~IEF REQUESTED: Appl cant Is requesting variances authorizing a raised bdck patio area of 1102 sq. ft. according to the lBuil~ng:I~.spector'5 calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Baard makes the following findings: (1) The paUo is partially constructed and consists of bricks set in sand within retaining walls of sand-filled decorative concrete blocks. The highest segment of the paUo is almost 3 feet above grade, at the level of the floor of the house; the lowest segment is about I foot above grade" ,Applicant testified that he unded:ook the project in reliance on advice from a Town employee to the effect that no permit would be needed for a paUo of bricks set in sand; However, after the work was underway, the Building Inspector's Office issued a stop order and disapprovals. (2) The Building Inspector calculates lot coverage without the: patio as 16,6%; coverage would be greater if the sma]le~ lot size referred tq above were used. AppliCant testified he wishes to build a large paUo in Order b3 suppress insects in his rear yard. Given the lot size and the size Page 2 - May 5, 1999 ,. Re: 1000-53-6-8 ~ ZBA Appl. No. 4678 - Basillce of the existing house, applicant needs a lot coverage variance in order to have any .patio of the sort he envisions. (3) Because the house is only 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above-grade patio at the rear of the house. (4) The neighborhood is characterized by small lots with a fairly high degree of let coverage, and it is common for structures to be located less than 75 feet from bulkheads.: Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments on the water views, the'Board concludes that grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to neaEby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct the sort of patio he envisions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTiON/ACTiON: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to DENY the vadance as applied for, and to GRANT ALTERNAT/VELY a variance authorizing construction of a non-permanent patio of bricks set in sand, which shall have a total area of no more than 925 sq. lt., shall be no less than 20 feet'from the bulkhead at the closest point, and shall remain at all times unendosed and open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TOP, TOP, A, COLl./NS. was Member Horning, of Fishers~rs Isl~~//~////~.Island.) 'n 'o 4-0). For Filin9 5/11199 (Absent 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 July 16, 2010 Zoning Appeal No. 6409 Transmitted herewith is Zoning Appeals No. 6409 of Gail Wickham for Dahna M Basilice - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Gall Wickham Dated July 2, 2010, Authorization Letter from Vincent & Dahna Basilice to Gall Wickham to represent them in this Matter, 2 Pages of Photos of Property and other Properties with Insufficient Setbacks, Notice of Disapproval from Building Department Dated May 4, 2010, 5 Pages of Recorded Deed, 2 Pages of Property Record Card, Drawing of Garage & Floor Plan, Copy of Survey Showing Existing & Proposed Construction Dated January 4, 2010. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/15/10 * * * RECEIPT * * * Receipt: 87660 Transaction(s): 1 1 Application Fees Reference Subtotal 6409 $600.00 Check#: 7879 Total Paid: $600.00 Name: Basilice, Vincent Prescott 3255 Bayshore Road Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6409 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southo!dtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 8, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6409 Action Requested: Within 500 feet of: Owner/Applicant: Basilice Setbacks & Lot Coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson By: ~ /~~ _ 9914 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) .... .Ka[en_ Kine of Mattituck, in said county, being duly sworn says that she is Principal Clerk of THE SUFFOLK TIMES, a 'weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 9t._~_h day of ~ -- Sworn to before me this SOUTHOLD TOWN ZONING BO~D OF APPEALS THURSDAY SEPTEMBER ~ ~10 PUBic ~G$ ' ~f Sou~hold, ~ fo~o~g pub c hear- rags ~11 ~ he d by ~e SO--HOLD TO~ ZON~G BOARD OF Road, ~O. BOx H79, Sou~old. New Seedons ~0-124 and 2~-H6, ~dan appli~at?n for bu~d~g pe~ t 20,n ~e..Bedthn~ l~pector's June 3, single-f~0y dwelling, at I) ]ess the code required ~ont y~d sethack of S--~. ~d ]OANN ~SE ~lS~R~uast for Var~ bined side yards of 25 feet, 4) less than on the Building Inspector's July 14, 2010 the COde required rear yard setback of Notice of Disapproval citing Zoning ' 35 feet, 5) more than the code required Code Section 280-IOA, which states that t°tall°tcoverageof20%,at:780Rabbit the noncon/orming lots merged until La,, (adj. to Gm-diner's Bay) East Marl- a total lot size conforms to thd current on~ bulk schedule (minimum 40,000 square ~ feet in this R-40 Residential Zone Dis- ' q st for Variance from Special ExCeption per Code Sec- don 280-13B(i5) and Variance from Code Section 280-18 based on an appli- ~OeacoOd~ accessory la,age, at 1)less than , e reqmred s~de yard setback of 20 feet, 2) less than the code required front yard setback of 35 feet, 3) more than the cation for building permit and the Build- ins Inspector's July 19, 2010, Notice of Disapproval concerning construction of a new building; #6416. owners request a Special Excej~tion for Historical Society, #6420. less than the Code required front yard setback of 50 feet, a 27230 Main Rd., and Case's La., Cutchogue, NY. SCTM#1000-109.5.6.1. e from Code Sections 280-15, based on an application for building permit and the Building In- spector's May 4, 2010 Notice of Disap- txict) this lot i~ merged with lot 10 to thc south, ati 355 and ~05 Robinson La., Pe- conic, NY $CTM#1000-98-5.9 and 10, 12:45 AM - LOUIS and ELIZp. r BETH MAgTRO # (~417 - Request for Variance from Code Sections 280-116(Bt and 280-124, based on an application for building permit and the Building Inspec- tor's June 14, 2010, Notice of Disap- proval 6oncerning proposed substantial alterations/additions to dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet,3) less than the code required to- tal combdied side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayvinw Ave., (adj. to Arsimmomque Harbor) Sou[hold, NY, SCTM#1000-52-5_9. -~.6410~_Rhquest for Variance from Code Sections 280-i5 and reh~f from print grant #6205, based on an applicat/on for Adjourned from Public Hearing June 30,20~0: ~ ' 29, 2010: bile Hearing July rson B~o.,~ . of Appeals wi// hear the .COnclusion of each hearing Each ~:e~nagboW~ve,agls._t~rt earlier than desig. · . *~ are ~vaflable for re- prior to the day of the hearin imve questio.~ .1.-_ g- If you at (631) 765'-~'o~n~*"~e C°ntact our Office ZONING BOARD OFAp LESLIE KANES un= ..... PEALS · , ~o.'vlAN, CHAIR. PERSON ' E Y: Vichi Toth 5}~5M/~ R°ad (Ofllce Loca lion, ~aam Road (Mal/ing/UspS~ ance from Code Section 280-124 based ' code required maximum et covtrage of building permit and the Building Ins on an application for building Cermit 20%; at: 3255 Bayshore Rd., (adj. to Pc- tot's May 25, 2010 Notice of Disappt oval and the Building InspectOr's May 26, conic Bay) Grcenport, NY SCTM#1000. concerning "as built" accessory shower, 2010. Notice of Disapproval Concerning 53-6-8 proposed demo lion and consfruc new ~Re- at 1) location other than the code re- single-family dwelling, at; 1) less than 2q~0e.~t for Var ance from Code Sections quired rear yard, 2) relief from Coedi- the Code required front yard setback of at,;ln2~ amd 280-116, based on an appli- lion #1 of ZBA Grant #6205; at: 165 Sec- 35 feet, 2) less than the code required c ' o building nmta · ~7d. iS;.~0N,~w S u ffolk, Ny S CTM # 1000- ~ar yard setback of 35 feet, at' 2575 C)Id ina Insn~e~,~,, ,- pe? nd the Bu ~,,.. ...... '~(adjt OnentEay) East June 3, 2010 Notice .... ded LL-~M - REG~A'S Request for Variance from .~e Sec- :--ES ~13 - Re~u~t~oor" :c re~uir_~ .. ) ess than he Code [ions 280-~3 and 280-14, based on an ap- :,~.~no,m,, Code Sec[inns 280-116(B) ~ less than theY~Uod. thac.k. °.flSfeet, 2) p/icatinninrbui/dingpermittooperatea ........ x24, based on an a~-//--*~- side-~--~ .... ~.requlran eombned ' farmofficeinanonconfurmingbuilding, . . . ~.~ .~,~,un ! ~u aem?~ o~ 35 feet 3) less than i and the Building Inspector's ~arch 10, pectur's J~he 1 ! 2010 ~*~ ..... .g In ~.,~ ~ e requnced setback o a bulkh .~r.~?~, ,~ace~t~,, g proposed alteratinns/ Creek (Eu~ene'~ 5t~S~-['~r ~ve., (East the proposed use on this parcel in the uamons and 'as built" deck edditi- SCTM#~,~,~ ..2 ~e*.~ ~utcnngue, Ny, , seasonal dwetling, at; I) less than ,b[AN~ the code permitted number of uses per ~e code required bulkhead setback of ~ ....... t ...... - Th/§ is a Mattituck. SCTM#1000-120-3.5. ~ feet, 2) less than the code required request tot a Waiver under Code Article Adjourned from Pub0c H~aring July 29, 2010: JR. g6344. 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 August 30, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, September 23, 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 September 6th: 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 alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin.q the hear n,q, provid n,q the returned letter to us as soon as possible; AND not later than September 13th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 15st: 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 Sept. 21st, 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 23, 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 1t79, Southold, New York 11971-0959, on THURSDAY~ SEPTEMBER 23, 2010: 1t:00 AM - DAHNA M. BASILICE #6409 - Request for Variance from Code Sections 280- 15, based on an application for building permit and the Building Inspector's May 4, 2010 Notice of Disapproval concerning proposed construction of accessory garage, at t) less than the code required side yard setback of 20 feet, 2) less than the code required front yard setback of 35 feet, 3) more than the code required maximum lot coverage of 20%; at: 3255 Bayshore Rd., (adj. to Peconic Bay) Greenport, NY SCTM#1000-53-6-8 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. South old.ny, us. Dated: September 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BASILICE, D. & V. #6409 MAP # 53-6-8 VARIANCE Setbacks & Lot Coverage REQUEST Construct Accessory Garage DATE: THURS, SEPT 23, 2010 11:00 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 ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK In the Matter of the Application of - Dmhn~MBasilice ' '~--~-. (Name of Applicants) ' CTMParoel #1000- 53 6 _ 8 · AFI~AV1T OP COUNTY OF SUFFOLK) STATE OF NEW YORK) [, Elln Corwin residJngat_ 2555 Youngs Ave, Unit lC, Southold, NY 11971 · New York, being duly sworn, depose and say that! ~ Onthe 10th dayofSeptember, 2010 ' [ personally mailed at tho United Sta~es Posl Office in Mattituck , New ~oilg by CERTIi~EED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notic~ in prepaid envelopes addressed to with the ( ) Assessors, or ( ) . · : , for every properly which abuts zutd is across a pubhc or prlv~.~ street, or vehicular right-of-way of record, surrounding the applidant's property. (Signature) Sworn to before me th/s \ ' - // ' DONNA McGAHAN /~,',,, - - '¥~,~.~/_ ! Notary Public, State of New Yor ~'~ '~ ~ NO. 01MC4851459 ~ ' .... ' ~? Oual/fleU n 8uffo, .o~er n~es ~d ~&~s~ for which hOfiUs wem'm~. ~ yoq. Basilice Mailinq Lot No. 1000-53-6-7 1000-53-6-9 1000-53-6-39 1000-53-6-38.1 Owner Edward & Darline Duffy Jurzenia The Gloria R. Hayden Greenport Residential Trust John E. Rempe and Wife Dahna Basilice Address P.O. Box 285, Greenport, NY 11944 P.O. Box 1426, Dolores, CO 81323 3070 Bayshore Road, Greenport, NY 11944 3400 Nesconset Highway, Suite 107, East Setauket, NY 11733 g TotaJ Postage & Fees -Postmark Hem s~roMr~Edward Jurzenia & Darl4ne ou~y ourzenla crPO'EloxNo.'~f~e~£'~'tT~7: ...................................................................... P.O. Box 285 ci~'state'zIP+4Greenport, NY 11944 Postage Greenport P.O. Box 1426 Dolores, CO 81323 r--~ Cet~fied Fee 0 ~ Postmark ~ (E~dorsement Requ red ~*'~ .-o Total Po~aa. & F~ $5.54 09/10/2010 / East Setauk~ $ J2.80 : $ $5.54 USE 03 r~postmar~ Basilice MailinR Lot No. 1000-53-6-7 1000-53-6-9 1000-53-6-39 1000-53-6-38,1 Owner Edward & Darline Duffy Jurzenia The Gloria R. Hayden Greenport Residential Trust John E. Rempe and Wife Dahna Basilice Address P.O. Box 285, Greenport, NY 11944 P.O. Box 1426, Dolores, CO 81323 3070 Bayshore Road, Greenport, NY 11944 3400 Nesconset Highway, Suite 107, East Setauket, NY 11733 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery la 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 mailplane, or on the front if space permits. 1, Article Addressed to: Mr. Edward Jurzenta & Darlene Duffy Jurzenia P.O. Box 285 Greenport, NY 11944 2. Article Number ~r~ 7009 1680 0000 2736 6292 PS Form 3811, February 2004 D~,,~,[;C Return Rec~pt B.' .R~I~ ~y (~ame)' C. Dat~ofDellv~ so that we Can return the card to you. -'1 · AttachthiacardtothebackOfthemailpleca, D. Isdellve~yaG.~,~dfffereotf~x~lteml? r"lye~ i Mr. & MRs. John E. Rempe 3070 Bayshore Road Greenport, NY 11944 ~1 I:] mq3m. Maa r [] Regl~KI I-I Retum I 2. Adtde Number F~ 7009 1660 1~~ PS F~ 3811, Feb~any 20~ If YES, enter delivery address below: [] No i~ Insured M~II [] C.O.D. 4. Reebfcted Deliv~ (Ex~a FM) 0000 2736 Domestic Retum Receipt · Complete items 1,2, and 3. ,Nso complete item 4 if Restricted Delivery Is desired. · Pitnt your name and address on the reveme so that we can return the ca[d to you. · Attach this card to the back of the mailplsoe, or on the front if space permits. Ms. Dahna Basilice 3400 Nesconset Highway Suite 107 East Setauket, NY 11733 [] Insured Mall [] C.O.D. 2. A~Jcle Number ?~om~ 7009 1680 0000 2736 5820 PS Form 3811, Fei)may 2004 Domest~ Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Restrfcted 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 maJlpiece,, ~ on ff~e front if space permits. 1 ,~w~t ~lcle Addm~ed to: ~he Gloria R. Hayden Greenport Residential Trust P.O. Box 1426 Dolores, CO 81323 [] Registered [] Retum Receipt fo~ Memhandlse [] Insured Marl [] C.O.D. 4. Restricted Deliver~ (Ex~a Fee) i'-I ye~ Ps Form 3811, February 2004 7009 1680 0000 2736 6308 Domest~ Retum Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Dahna M. Basilice (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 53 6 8 COUNTY OF SUFFOLK) STATE OF NEW YORK) ~o'~Rl) OF ~pp~ AFFIDAxOpF OF SION POSTING I~ Eli.n Corwin residing at_13015 Main Road, Mattituck, , New York, being duly'sworn, depose and say that: Onthe_ llth .dayof September , 2010 , I"orsonall--D~-~,~ Poster, with the date -~ L__:,- . _ ; . t..-. y F a,~u the town s omolal ut ncarrng *mo nature ormy apphcat~on noted thereon, securely upon rny prope~y, 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 th'at dale of the subject hearing date, which hearing date was shown to be S_~Eptember 23, 2010 (Signature) Elin Corwin Sworn to before me this ~0~.of September,:gO0 2010 ~ (i~l'o-ta~ Public). DONNA McGAHAN . I~otary Public, State of New York No. Ot MC485t 459 Qualified In Suffolk Counb/ *near lhe cn an .. -s ~ m my p~ope~, ~ me ~ most visibl~ to p~mby. ERIC J. BRESSLF, R ABIGAIL A. WICKHAM I,YNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com September 20, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVII,LE. NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 1197l Re: Dahna M. Basilice 3255 Bayshore Road, Greenport, New York SCTM# 1000-53-6-8 ZBA#6409 Ladies and Gentlemen: In connection with the above matter, enclosed please find Affidavit of Posting. Very truly yours, Abigail A. Wickham A,41~/dm Zba/Basih'ce/ltrzba ERIC J. BRESSLER ABIGAIL A. WICKS-IAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com September 13, 2010 WILLIAM WiCKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Dahna M. Basilice 3255 Bayshore Road, Greenport, New York SCTM# 1000-53-6-8 ZBA#6409 Ladies and Gentlemen: In connection with the above application, enclosed please find Affidavit of Service by Mail together with the original certified mail receipts. The returned green signature cards will be delivered to the ZBA upon receipt of same. Veryj ~ru~you~s, _ Abigail A. Wickham A,4 W/dm encl. Zba/Basilice/htzba BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.nor thfork.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/Fimt Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 12, 2010 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituek, NY 11952 Re: ZBA # 6409, Basilice Dear Ms. Wickham: Transmitted for your records is a copy of the Board's October 7, 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. Sincere ,~ Vicki Toth Encl. Cc: Building Dept. LOT COVERAG~ EXISTIN~ HOUSE - EElS SHED - Z315 ~D TO ~ RE~VED PR~. AREA= 10848,'sq. ft. to tie I/ne LOT NUMBER,.; ARE REFERENCED TO MMENDED~ MAP ,4 - PECONIC BAY ESTATES' FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 11~4 96 44 66. ISLAND VIEW LANE 56 N CERTIFIED TO' VINCENT BA$1LICE B,~HN,,, ~,,~$~_~C~ RECEIVED JUL $ ,~0~0 BOARD OF APPEALS FLOOD ZONES FROM FIRM 3E103C0159 H ) SUR VE Y OF PROPER T Y A T GREENPOR T TO WN OF SOUTHOLD SUFFOLK.COUNTY, N. Y. 1000-53-06-08 Scale: 1" = 20' Jan. 4; 2010 ./ SOUTHOLD, N. Y. Y.$o LIC. NO. 49618 c'AX (631; 765 - 1797 STREET ~,-~,~ ~ ~.