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HomeMy WebLinkAbout6423I1:t' I0 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 SOUTHOLD TOWN OF Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION ~"~'~ MEETING OF NOVEMBER 16, 2010 $outhold Town Clerk ZBA FILE: 6423 NAME OF APPLICANT: Elizabeth Lyons CTM 1000-117-10-12.2 PROPERTY LOCATION: 8680 New Suffolk Rd. (aka Filth St.) (adj. to Great Peconic Bay), Cutchogue, NY 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 September 30, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated October 13, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 24,471 sq. ft. non-conforming waterfront parcel in the R-40 Zone. The northerly lot line measures 100.21 feet along adjacent property, the easterly lot line measures 256.89 feet along Fifth St., the southerly lot line measures 99.30 feet along Great Peconic Bay, and the westerly lot line measures 238.04 feet along adjacent property. The parcel is improved with an existing single family dwelling, which is shown, along with a proposed new garage location, on the survey prepared by Nathan Taft Corwin Ill Land Surveyor, dated Oct 28, 2010. BASIS OF APPLICATION: Request for Variance from Article III, Code Section 280-15, based on an application for building permit and the Building Inspector's August 26, 2010 Notice of Disapproval, concerning construction of an accessory garage; proposed location other than the code required rear yard, at: 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-12.2. RELIEF REQUESTED: The applicant proposes to construct an accessory two-story garage in a side yard location when Code requires such new construction to be located in a rear yard. AMENDED APPLICATION: During the hearing, a neighbor stated an objection to the proposed location and requested the garage be placed closer to the road. Mr. Lyons stated he would like to withdraw the current Page2 November 16, 2010 ZBA File#6423 - Lyons application and reapply with a new location for the garage. The new proposal would create a request for two variances. ADDITIONAL INFORMATION: A letter dated October 29, 2010 from the applicant's agent was received requesting the garage stay in the side yard not closer to the road but closer to the house. An updated survey prepared by Nathan Taft Corwin, III, LS dated October 28, 2010 was included with the letter showing the new location which did not change or increase the number of variances requested. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Oct. 21, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Gram of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The garage will be screened from the street by a mature hedgerow planted along the front yard of the property. Photo's provided by the applicant at the hearing showed many garages with similar locations within the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicam cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the narrow depth of this lot the applicant would require a variance with any location proposed for the accessory structure. The Applicant did not want to alter an entrance to the existing dwelling and eliminate bedroom windows in order to be able to attach a garage to the side of the house. 3. Town Law §267-b(3)ib)(3). The variance granted herein is substantial since the garage will be located in a side yard when Code requires an accessory building to be located in a rear yard. However, the Board finds that the proposed side yard location is landward of the waterfront dwelling and therefore will have less of an impact on the bay than a location in the conforming rear yard. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. All rain water will be confined to the property by the use of gutters and leaders into drywells as per code. The construction will be landward of the existing building and the waterfront. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the Applicant did not want to attach the garage to the existing single family dwelling, which would not require the need ora variance. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a detached garage located in the side yard, 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan and survey prepared by Nathan Taft Corwin III, Land Surveyor, and dated Oct. 28, 2010, subject to the following conditions; Page 3 - November 16, 2010 ZBA File#6423 - Lyons CTM: 1000~117-10-12.2 Conditions: 1. Provide gutters and leaders into drywells to maintain storm water runoff on site per code. 2. The hedgerow along the front of the property shall be preserved and maintained to screen the garage from the road. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which am not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Homing by phone no voting right) This Resolution was duly adopted (4-0). RECEIV ED 2 ? 010 Southold Town Clerk N/F OEHRINO ¢'O0'o0"Ex fON ,% PROPOSED CONC STEPs_ xe .¢~o LOWER ~-rVEL RESIDENCE 100.27 (WALl P 'Cozvzc SURVEY OF PROPERTY SITUA TED A T NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-10-12.2 SCALE 1"=30' NOVEMBER 26, 2004 AREA = 24,471 sq. fl. 0.561 ac. CERTIFIED TO: ELIZABETH bi. LYONS NO TES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM RECEIVED OCT ~ 9 20i('i BOARD OF APPEALS N.Y.S Lic NO. 50467 Nathan Taft Corwin III Land Surveyor DONALD G. FELLER , ARCHITECT `1'172S Main Road - Mattltuck . NY 1`1952 (63'1) 298-~453 RECEIVED BOARD OF APPEALs ~T5 REVIEWED BY ZBA SEE DECISION # ~DATED )il },y~ii~""/O FFI CE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator r oct ] BOARD OF APPEALS Date: October 13, 2010 Re: Coastal Consistency Review for ZBA File Ref 6423 - ELIZABETH LYONS SCTM# 1000-117.-10-12.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold the following is recommended. 1. Require the installation of gutters, leaders and drywells for storm water collection. Pursuant to Chapter 266, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE September 30, 2010 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECEIVED Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair OCT 4 Z010 BOARD OF APPEALS 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Lyons, Elizabeth Adams, William Perillo, Thomas & Edith Melnick, Mark & Sharon Tintle, Carrie (c/o Anthony Golfo) Municipal File Numbers #6423 #6424 #6425 #6426 #6428 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds 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 TO: FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: August 26,2010 James Fitzgerald for Elizabeth Lyons P O Box 617 Cutchogue, NY 11935 Please take notice that your application dated August 11, 2010 For a permit for an accessory garage at Location of property: 8680 New Suffolk Rd. (Fifth St.) CountyTax MapNo. 1000- Section 117 Block 10 Lot 12.2 Is returned herewith and disapproved on the following grounds: The proposed accessory garage is not permitted pursuant to Article III, 280-15 which states: "In the case AC District & Low Density Residential R80 .... Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The site plan indicates the proposed accessory garage is located in a side yard. uthorized Signature RECEIVED ~fl~ ~ ..~ ~ , ~ ~ . BOARD OF APPEALS Fcc:$ APPLICATION TO Tm~ SOUTHOLD TOWN BOARD OF APPEALS HouseNo. $680 Street Ei£th Street Hamlet New Su££olk SCTM1000 Section. ll7BIock10 Lot(s) 12.2 LotSize0.556 ac ZoneR-40 I (WE) APPsE~2~ THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED / 2 6 7 10 BASED ON SURVEY/SITE PLAN DATED U nd a t e d Applicant(s)/Owner(s):. Elizabeth Lyons Mailing Address: 67 Thayer Road, Manhasset NY 11030 Teleph~e~ - 6 2 7 - 1 0 5 8 Fax: Emaih NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent repr~en~s: NameofRepresentative: James E. Fitzgerald, i~[~)wnel~)ther: Address: PO Box 617, Cutchogue, NY 11935 Telephone:734=5800 Fax: 734-7463 Email:Jefitzge@suf£°lk.lib-ny.us check to specify who yo~j~ correspondence to be mailed to, fr~l~e above names: pplicant/Owner(s), xL~Authorized Representative, L~J Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Undo t e d and DENIED AN APPLICATION DATED 8 / 11 / 201 ~rOR: Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsectioa of Zoniug Ordinance by numbers. Do not quote the code.) Article: I I I Section: 280 - 15 S#beection: Type of AppeaL An Appeal is made for: ~-~A ~V~'iance to the Zoning Code or Zo.ning Map. ] ]A Variance due to lack of access required by New York Town Law- Section 280-A. L_~Interpretation of the Town Code, Article Section [~Reversal or Other A prior appealS] has, [] has not been made at anv time with resnect to this nroperty, UNDER Appeal No(s). Year(s). . (Please be sure to research be~re completing this question or call our o~ce for assistance) Name of Owner: ElizabeO Lyons RE'ASONS FOR APPEAL (additional sheets mar he used with preparer's s(~natnre): RECEIVED ..iR/zM I,(4RL,INCE RIz':tSONS: 8OARD OF APPEALS (1) An uudesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted~ because: SEE ATTACHED PAGE (2) The benefit sought by the applicant CANNOT be achieved b~r some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance ~vill NOT have att adverse effect or intpact on the physical or environmental conditious in the neighborhood or district because: (5) }las the alleged difficnlty been self-created? ['-']Yes, or [~No. Are there Covenants and Restrictions concerning this land: I~No.l~]Yes (please [hrnish copF). This is thc 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 communiW. A T7;4 CHED USE VA RIANCE StlEET: Si~ua~re of A~ellant ~uthoriz~ A~nt ~ ~ ( k~lltlSl sub"lit ~rltlell ,M[tfforization from O~ller) S~orn ~o before me this~ NOTARy PUBLIC . 6TARE OF NO. 0fHY6189695 cQoU. ALtFIED IN SUFFOLK MMISSION EXPIRE8 Applicant: Elizabeth Lyons RECEIVED REASONS FOR AREA VARIANCE: ~OARD OF APPEALS 1. An undesirable change will NOT 1~ produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed detached garage is of a size and design compatible with other similar stric- tures throughout the neighborhood and its location on the property is such that all set- backs are adequate to meet regulatory requirements and to eliminate any impression of crowding. 2. The benefit sought by the applicant CANNOT be ackieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: Considering the size and canfiguvetion of the property and the location of the existing dwelling, the proposed location is the only logical one and the only one which permits adequate property-line setbacks. 3. The amount of relief requested is not substantial BECAUSE: The only relief requested is with regard to the location of the accessory structure in other than the required rear yard.. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The praposed new structure is appropriate to both the immediate neighborhood and the Town as a whole and will not have any effect at all upon the physical or environmental conditions in the neighborhood. 5. Has the alleged difficulty been self-created? ( ) Yes (X) No 6. Are there covenants and restrictions concerning this land? ( ) Yes, information is attached (X)No 7. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- STATE OF NEW YORK) COUNTY OF SUFFOLK) l~oper-T Penait Services +~ Sworn to before me this....~. ......... day of...~...~ 2010. Notary Public CAROL HYOELL NOTARy PUBDC - ~TATE OF NEW ~ NO. 0tHYS?Eg69S QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06/30120.~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Elizabeth Lyons Date Prepared: t. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED BOARD OF APPEALS 9/1/10 Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorerxi~ 24'-0" x 31'-3" Dimensions ofnew second floor: 14-0 to 21-0 variable x 31-3 Dimensions of floor above second level: N / A Height (from finished ground to top of ridge): 22 ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N / A Ill. Proposed Construction Description (Alterations or Structural Changes) (at. ch extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Culeulations of building areas and lot coverage (from surveyor): Existing square footage ofbuildings on your property: 34 ' var x 72 ~ var Propnsedincreaseofbuildingcoverage: 24 x 31-3 750 Square footage of your lot: 24209 s f Percentage of coverage of your lot by building area: 2448+750/24209=0-132; 2448 maximum 13.2% V. Purpose ofNew Construction: Garage and storage VI. Phrase 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): Land is essentially flat, but configuration of lot and location of ex±sting dwelling require a variance for best location of garage. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new ennstruction), and photos of bullding area to be altered with yard view. See note below. 7/2002; 2d2005; 1/2007 Since it is unlikely that there will be action by the Board in the next several months, we ask that the staking and photos be deferred until the on-site inspection is imminent. Qlizabeth Lyons 117-10-12.2 QUESTIONNAIRE FOR FILING WITH YOUR/_..B.A. APPLICATION RECEIVED ls the st~t premises listed on the real estate market for sale? ~Yes L_~.lNo 8OARD OF APPEALS Are there any proposals to change or alter land contours? [~No [~Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Tmstees: Project xs beyond Trustees' jurisdiction and if issued, please attach copies of permit with conditions and approved map. D. ls 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? the proximity of your lands on your map with this application. No If yes, please label Please list present use or operations conducted at this parcel S FD andpmposeduse SFD with garage (examples: existing: single-family; proposed: same with garage or pool, or other descriptiom) 2105; 1/07 RECEIVED 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORI °AR° OF APPER S For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A 3plicant or Project Sponsor} 2. PROJECT NAME Lyons detached garage t. APPLICANT/SPONSOR James E. Fitzgerald, .Ir. - Proper-T Permit Services 3. PROJECT LOCATION: Municipality New Suffolk County Stlf['olk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 8680 Fifth Street See attached maps. New Suffolk, NY 11956 5. PROPOSEDAGTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct new 1-1/2 story detached g~rage wi~ footprint 750 +/- sq. ft. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.02 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? --L_J Yes [] No If No, describe bdefly Construction is proposed in other than required rear yard. g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Descry:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Small- to medium-size private siagle-family dwellings near developed wateffcont.. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~L_[ No If Yes, list agency(s) name and permit/approvals: Southold ZBA, Southold Bldg Dept 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [~]No I CERTIFY THAT/'~F-.~N~ ~IATION PROVI~D ABOVE IS TRUE TO THE BEST OF ~ ~E~E If th~ct~on m in the C, astal Ama, and you are a s~e ag}ncy, complete the Coastal Assessment Fo~ before proceeding w~th thru assessment OVER I Reset PART II - IMPACT ASSESSME o be corn leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinats the review process and use the FULL EAF. E]Yes E]No B. WiLL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative. decleration may be supemeded by another involved agency. E]Yas E]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, existing traffic pattem, solid waste production or dispossi, potential for erosion, drainage or fiooding problems? Explsin bdefly: C2. Aesthstic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighbed'e3nd character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Ex~lain bdefl: C4. A community's existing plans or goals as officialiy adopted, or a d'~ange in use or intensity of use of land or other natural resources? Ex,sin bdefly: C5. Growth, subsequent development, or related ac~vities likely to be induced by the prolx~ ac~on? Explain briefly: C6. Long term, short term, cumulative, or other effects not ldentitied in C1 -C57 Explain C7. Other impacts (including chenges in use of either quantity or type of eneq~y)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~r~ No If Yes, explain bdefiy; E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - Ut: [I=RMINATION OF SIGNIRCANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or o~em~lae significant. Each effect should be assessed in connection with its (a) seeing (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (T') magnitude. If necessary, add attachments or reference supporting materials. Er.sum 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 potantial impact of the proposed action on the environmental chamcteristice of the CEA. ] Ched~(thisb~xify~uhaveldent~ed~ne~rm~mp~tentia~ly~argeors~gni~centadverasimpac~swhichMAY~cour~ ThenproceeddirecfltotfleFULI FAF and/er prepare a pos'~ve declaration. [] Checkthis box i~'you have determined, based on the information and anelysis above and any supporting documantetion, that the proposed ac~on WlU NOT result in any significant adverse environmental impacts AND provide, on attachments as nsoassaiy, the masons supporting this determinatior 9/1/10 Name of Lead Agency Date Print or Type Name of Responsible OtTm~ in Lead Agency T~le of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from rasponsibte officer) Reset APPLI~IT/AGENT/REPRESENTATt~E a~c~zvEo TRANSACTIONAL DISCLOSURE FORM $OA,~O OF APPEALS The Town of Sonth~ld's Code of Ethics orohibits conflicts of interest on the oart of town officers and emolovees. Thc oumosc of this form is to urovide information which can alert ~ town of vossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Lyons, Elizabeth (Last name, first name, middle initial, unless you are applying in the name of .someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other (If"Othef', name the activity.) X Building Trustee Cohstal Erosion Mooring Planning X 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 If you answered "YES", complete tbe 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 applicanffagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater 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 Form FS 1 Submitted thi~._~day of 7Vi Signature ~'.. ~ Print Name Elizabeth Lyons 20 0_ TRANSACTIONAL DISCLOSURE FORM ;ECEIVED $OARD OF APPEALS Thc Town of Soothnlcl's Cod~ of Ethies vrohibits conflicts of interest on the oaxt of town officers and emolovees. The ouroose of this forlB is to provid~ informminn which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Fitzgerald, James E., Jr., Agent 0-ast name, ~ name, middle initial, unless you ere applying in the name of someone else 6r other entity, such es a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other X Building Trustee Coastal Erosion Mooring Planning X Do you personally (or through your company, spouse, sibling, p~xent; 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 offiecr or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater 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-enrperate entity (when the applicant is not a corporation); __.C) an officer, director, partner~ or employee of the applicant; or __.D) the actual applican~ DESCRIPTION OF RELATIONSHIP Form TS 1 Town of Southold ~ECEIVED LWRP CONSISTENCY ASSESSMENT FORM ~OARD OF APPEALS INSTRUCTIONS All applicants for permits* includ'mg Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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, ff necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consL~tent 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 Depadment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ 117 _ 10 12.2 The Application has been submitted to (chack ~ropriate re~: Town Board [] Planning Dept. [-~ Building Dept. ]~q Board of Trustees ~-~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital consm~ction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct new 1½ story garage accessory to existing single-family dwelling. Lbcafionofacfion: 8680 Fifth Street, New Suffolk Si~reag¢i 0.556 acres Prasentl~duse: Single-family dwelling Presentzoningclassificafion: R-40 ~,[CEIVED -, BOARD OF APPEALS 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: (b) Mailing adch~ss: Elizabeth Lyons 67 Thayer Road Manhasset, NY 11030 (c) Telephone number: Area Code ( ) 516 - 627 - 1058 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-] No ~ If yes, which state or federal agency.9. ASSESSMENT FORM CONTINUES ON THE FOLLOWING PAGES BOARD OF APPEALS APPLICANT: ELIZABETH LYONS SCTM #: 1000-117-10-12.2 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE Because the entire shoreline of the bay is heavily developed in this area, and the project is accessory to the main use of the property, it is felt that there is no signifi- cant adverse impact on the des'ned preservation of open space. Infi'astmcture use is not a factor since the project is for a garage, the use of which will represent a minimal incremental increase in infi'astmcture use as it applies to the neighborhood and the community. The project is a modest expansion of the existing beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~IrO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~O [] NOT APPLICABLE The structure proposed will be inconspicuous in the proposed location. It is com- patible with other existing waterfront structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes, changing light conditions) which might conffibute to desirable ephemeral visual qualifies. R£CE/VED Policy 4 Minimize loss of life, structures, and naturnl resources from SlOD. [] ws [] NOT The likelihood of the structure proposed contxibuting to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected; the existing shoreline bank will be undisturbed. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The proposed project does not include the installation of a bath and therefore there will be no discharge of blackwater leachates into thc subsoil. If graywater waste is generated it will be discharged into the existing on-site sewage disposal system. During construction a line of haybales and/or a silt fence will be in place to mini- mi?e the chance of silt entering the water. There will be no disturbance of the bay bottom during construction. PoHcy6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] NOT APPLICABLE Steps will be taken to insure that silt does not enter the bay during construction. The project is not located in a Significant Coastal Fish and Wildlife Habitat, nor is it located in an area designated as an "Area of Special Concern" in the LWRP in- formation concerning Reach 7. All statutory and regulatory requirements, at all levels of government, will be strictly compliad with. No dredging, excavating, or filling except in the immediate area of the proposed sa'ucturo is proposed. Policy7 [] YES Protect and improve air quality in the Town of Southold. [] NOT A PLICABLE The construction or use of the project as proposed will not result in significant mounts of new air pollution, although during construction there may be a slight temporary increase in pollutants fi'om equipment, generators, and the like. Policy 8 $OARD OF APPEALS Minimize environmental degradation in the Town of Southold from solid o e and hazardous substances and wastes. [] NOT APPLICABLE The project as proposed will not result in the generation of significant additional mounts of solid waste, and any which are generated will be disposed of in accor- dance with the required or recommended practices of the Town and the SCDHS. The handling and storage of petroleum products and household chemicals will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~gNOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] xr s Protect agricultural lands in the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 []YEs Promote appropriate use and development of energy and mineral resources [] NOT APPLICABLE The planning and implementation of the project are, and will be, such that energy efficient criteria are applied throughout, as appropriate, based upon any local or State codes, or upon practices generally recognized as des'n'able in this regard. Any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for resi- dential property use and generally accepted as safe. Site drainage and water control will not be affected by the project. Proper-T PermR Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 September 7, 2010 (631) 734-5800 ~ECEIVEO BOARD OF APPEALS Re: Application for a Variance; SCTM #1000-117-10-12.2; Elizabeth Lyons Dear Madam: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a detached garage on the property of Elizabeth Lyons located at 8680 Fifth Street in New Suffolk. Proper-T Permit Services represents Mrs. Lyons in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $400) Application (8 copies) Project Description (8 copies) Letter of Authorization (8 copies) yours tmly,//~ ~ Transactional Disclosure Form, Owner (8 copies) Transactional Disclosure Form, Agent (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies Vicinity Map (8 copies) Tax Map (8 copies) Aerial Photograph (8 copies) LWRP Consistency Assessmem Form (8 copies) Survey of Property/Project Plan (original plus 7 copies) Building Elevation & Floor Plan Sketches (8 copies) Town Property Card (8 copies Certified copy of deed (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION RECEIVED '~OARD OF APPEALS 67 Thayer Road Manhasset, NY 11030 Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Madam: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a vari- ance application to construct a detached garage on my property located at 8680 Fifth Street in New Suffolk and designated by Suffolk County Tax Map No. 1000-117-10-12.2, and to fur- nish, upon request, supplemental information in support of the application. Sincerely, Elizabeth Lyons TOWN OF SOUTHOLD PROPERTY RECe~D CARD OWNER STREET ~>'~'(~ (O c~-~) VILLAGE DIST. SUB. LOT FOR/dER OWNER N E I ~h{~ ~p~l )~ S W ~PE OF BUILDING RECEIVED ~kt. Volue BOARO OF APPE61 ~ND IMP. TOTAL DATE R~RKS ~la~ .FRONTAGE ON ROAD ~ DEPTH d~ ~1~ BULKH~D Extemion Rei~ E.-c-A Patio Oo B, a'~ol Ext. Walls Fire Place Tl~e Raof Do~m~r [da op :)~/~ Interior F'mish Rooms 1st Flaor Ramm 2nd Flaar FIN. B TOWN OF SOUTItOLD TowNBUILDINGHAI~L .DEPARTMENT ~ ~,.9~/~ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (6al) 6S-gS02 SoutholdTown. NorthFork.net pERMIT NO. Examined ,20 Approved ,20 Disapproved a/¢ Expiration 20__ BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following~ before applying? · BOard of Heal~ '4 ~ of Buildlng Plato Planning Board approval Survey · Check Septic Form' N.Y.S~,~.C~ Trust. s Flood Permit Sterrn-Wa~r Assessment Form Contact: Mail to: , phOne: BUilding Inspector .~ATION FOR BUILDING PERMIT :DateAUG 6~ ~010 ;20.__ ' INSTRUCTIONS ' 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 orpublic streets or areas, and ~aterways. c. The work covered by this application may not be commenced before issuance of B~lding permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit t° the applican£ 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 cernmenced within 12 months after the da~ of issuance or has not been completed within t 8 months from such date, If no zoning amendments or other~regulations affecting the property have been enacted in thc interim, the Building Inspector may authorize, in writing, the 'extension.oft.he pernu~ for an addition six months. Thereaf~, a new permit shall be required. ~ APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant tothe 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 h~ described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing cod.~n~}~ula~as; and tO admit. authorized inspectors on premises and in building for necessmy inspections: '~-~"~ f~/ (~z<.~----~-: ~ PROPER-TP~TSERVICES f/ (§'gnatureo app~nto~n?n6,~fat~orporation) Post Ofliee BOg 61? ' ~ames E, Fitff~devald, ~r. Cutchogue, NY 11935-0617 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect; engineer, general contractor, electrician, plumber or builder Agent Name of owner of premises Elizabeth Lyons (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Buildem License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 8680 Fifth Street, Ne~ Su£~:olk House Number Street County Tax Map No. 1000 ~ Section Subdivision 117 Hamlet Block 10 Lot 12.2 Filed ~S~)~ ~ ~ BTAT8 ~sr~ro .o~ 3. Nature of work (check which applicable): blew Building Repair Removal Demolition State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use andoccupancy Single family dwelling. b. Intended use and occupancy Single family dwelling with detached garage X Addition Alteration Other Work 4. Estimated Cost $ 50 ,'000 Fee 5. If dwelling, number of dwelling units N/A If garage, number of cam 2 (Description) (To be paid on filing this avvlication) Number of dwelling units on each floor ~q/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 8. Dimensions of entire new construction: Front 31 ' - 3' Height 22' Number of Stories Dimensions of existing structures, if any: Front N/A Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front:;: N/A Rear Depth Height. Num6e~ of Stories Rear !31',-3" Depth 24'-0" 1-1/2 9. Size oflot: Front 258' Rear 245' Depth '-10O' var 10. Date of Purchase 5/21/96 Name of Former Owner Cappello l 1. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulatiOn? YES X NO 13. Will lot be m-graded? YES NO X Elizabeth Lyons, 14. Names of Owner of premises Name of Architect Name of Contractor Will excess fill be removed from premises? YES X NO__ 67 Thaver Road, Manhasset, NY 11030 Address Phone No. Address. Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES X 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. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO X STATE OF NEW YORK) SS: COUNTY OF SUFFOLK James E. F i t zgerald, Jr. being duly sworn, deposes and says that (s)he is the apPlicant (Name of individual signing conh'act) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) Sworn ~before me this/~ O //__.. dayof^~.~ , 2.~l~0 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 u'ue 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. NO. 011'1Y8t~$ C~MANLIFIED IN SUFFOLK COUNTY MI$81ON EXPIRES 06/30/20 ./ ~ ¢~3 E~iz~b~ Lyen~; 5¢hl ¢11000¢117¢10~12.2 Etiz~b~ Lyon¢; ¢~Pl #I000¢11%10¢12.2 N/._~EHRiNG '00"£~. WOOD WOOD pi.~?TrORM$ W/RAIliNGS · LOC PHOTO VIEW ANGLES Application regarding ~e property of Elizabeth Lyons, SCTM #1000-117-10-12.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutehogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Photographed Seotember 13, 2010 CC #: C10-29397 RECEIVED COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK BOARD OF APPEALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 06104/1996 under Liber D00011776 and Page 768 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 081'12/2010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SE~ o~ IOOC Lwf.l 2 · 2 CONSULT ¥O(J~ LAWYIH IEFONE IlflNING THIS I~TRUMEN?--?NIB INSTHUJlINT SHOULD NE UBIO IJY LAWYERS ONLY, paid by th~ parry of thc M~cond ptrl, does hereby iran( ami release unto the party n f the second pert, (he heirs or · TORE, ROUNDED A~D DESCRIBED AS fOLlOWS: lilTS STill! FION TBS CORNER FURRED IT THE INTERSECTION Of TEE RODTRIILT SIDE Of JACKSON NTRBRT #ETD THE VSSTSULT RIDS OF FIFTH 620# RATNI NAB& OF TUU GRIST (ICONIC BAT. RgllZlO TBUUCI ALOBO TEl OIOZIAIY S~Oi UATIR HAlE O1 THE GREAT PNDOSZC BAT. DOETH 76 UlOillS 08 NISUTRN #181. 98.43 FEET TO LAID BOM OB FOEMELLT Of QUIll& TEINOI ALOIC LARD NOV OI FORNSRL! OF QUill TaR FOLLOHZRG: lOUTS DUOIKRR Gl MINUTNS 20 NRCOUDS KART, 2~4.5D FRETi THIRDS SOUTH E& SIDE OF FIFTH STSRUT AT TBS FOIST OR fLACI OF SAID FSRNZSSN &RE NODE CONNDRLT KUOWN AS 8680 518 STREET, USH SUffOLR, lEU YORK. lliiZI ST Olio O&TU~ YlSNOAIT S. ~976 AID RSUORDUH lB TEl OlfZ¢l PRBRUART S, 1976. the ~tite and Tilh(s o~ Ihe party o! Ihe first part in and to said premlseL; ~ HAV£ AND TO HOLD the AND the party or the Dm part covenantJ Ihmt Ihe party or the first patti has no! done or lUFf~ ~hi~ w~ the ~d ~mbn ~ve ~ ~um~r~ in any way w~le~, ex~ M Ifmuid. /.; /.. i , RECEIVED BOARD OF APPEALS; ,11776 [][] ,. N~berorp~e~ ~, $.__ ~ . ~:;,.,,.,.. .. TORREN~ ,, t. L c~,~. __ "=.:,,;, =~ 33' ~3 ~d / M~e [m~ent ~d / M~a~ T~ S~mp R~ng I ~1~ N~ -' ~ TOT. ~. C~m. of E~ ~, ~ ReS. C~ ......~lJ .:~ will ~ im~wd ~ a ~e or two fatally GRANDTOTAi. ~ (! ,) [t NO, ~ ~;:~ ~l~lyTl~rvk~A~eyVerl~lt~n I 6 I 9Suffolk Count~ Recordin~ & Endor~ment PaEe SUI~)I,K COUNI'Y, NEW YORK. In the VILLAC;t~ BO~ ~ THRU 9 MU~ BE TYPED Ok ~[~D IN BLACK INK ONLY PRIOR"~ RECORDINQ OR RECEIVED 8OARD OF APPEALS Oe die'~./..q.?~ dayof NAt, 19 96;.befmme to me known to be t~¢ indlvidmd ,bs~r~bed ~n nnd who On th day of 19 , before me lo me known, who beinh by me duly sworn, did der, uae and Shy ibm he resides al No. on the day of 19 , MfMe tm to mn known to ~ Iht' individual de. rabid ~n end who execUled Ihe forelotns lnstcurrdnt, nod ecknowlgdsed that eXk~'dTk'd 1he LLme. whom I tm ~s~ally ~inl~, who ~ni ~ ~ duly ]~rn. dM ~e ~d sty t~ ~ ruins at No. thnt he kflows ~ECEIVED BOARD OF APPEALS 90UTBOLX, EPSON i glUtS, XSQS. I ILi. XI ItOLn L P. O, SOB 1466 ~SOU~ItOt~, NI~Tf TOlE tkgTk 'hoc OU~CNOSUE LITTLE HOG NECK NASSAU POINT NORTH THE AREA OF THE PROPOSED PROJECT IS CIRCLED ISLAND T T L E P Application regarding the property of Elizabeth Lyons, SCTM # 1000-117-10-12.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 1, 2010 ~,£CE~VED .. ~3OARD OF APPEALS CUTCHOGUE HARBOR GREAT pECONIC THE SiTE OFTHE PROPOSED PROJECTIS SHADED ,TAX Application regarding the property of Elizabeth Lyons, SCTM #1000-117-I0-12.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 1, 2010 AE~IAL Appfication regardir~g t!~e p 'ope~ of Elizabeth Lyons, SCTM #1000-1 t 7- [0-12.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Se!0tember l~ 20 I0 ELIZABETH A. NEVILLE, RMC, CMC TOVfN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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 September 14, 2010 Zoning Appeal No. 64:Z3 Transmitted herewith is Zoning Appeals No. 6423 of James E. Fitzgeraid~ Jr. for Elizabeth Lyons- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Proper-T Permit Services Dated September 7, 2010, Authorization Letter from Elizabeth Lyons to James E. Fitzgerald, Jr. to Represent her in this Matter, Notice of Disapproval from Building Depmhncnt Dated August 26, 2010, Copy of Property Record Card (Both Sides), Letter from County Clerk's Office Certifying that Deed is a Truc Copy, Three Pages of Dccd from Josephine Cappello to Elizabeth M Lyons Dated May 21, 1996, Copy of Vicinity Map Showing Property Area, Copy of Tax Map Showing Property Site, Aerial Photo of Property Showing as it Exists, Copy of Plans of Garage Showing Elevations, Floor Plans & Sections Prepared by Donald G. Fciler, Architect, Copy of Survey Showing Existing & Proposed Construction Dated September 10, 2010 Prepared by Nathan Taf~ Corwin Ill, Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/14/10 * * * RECEIPT * * * ReceiptS: 91866 Transaction(s): 1 1 Application Fees Reference Subtotal 6423 $400.00 Check#: 2256 Total Paid: $400.00 Name: Lyons, Daniel 8680 5th Street New Suffolk, NY 11956 Clerk ID: CAROLH Internal ID: 6423 'Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 October 28, 2010 Ms. Leslie Kanes Weisman, Chairperson Southold Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA #6423; Elizabeth Lyons RECEIVED BOARD OF APPEALS Dear Ms. Weisman: Upon further consideration, it has been decided that the application as presented to the Board and as was noticed in the local newspaper would be the one that the Lyons family wishes to pursue, with the minor exception that the garage is moved five feet south, closer to the existing house and retaining the required 40-foot frontyard setback. Our perception, based upon the comments of the Board at the October 21st public hearing, is that it would not be necessary, for this minor change, to re-submit either to the Board or to the Building Department, since the wording of the Building Department's disapproval adequately describes the proposal as revised. We withdraw the withdrawal of the original application, and ask that the Board proceed with its evaluation of the project as now revised. A new survey showing the garage located five feet closer to the house is attached. If you need anything else or have any questions, please call. Enclosure: Survey - Corwin, last dated 10/28/10 (original plus 8 copies) cc: Patricia Conklin - Building Department (with a copy of the survey) a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzgel~uffolk.lib.ny.us Fax: 63%734-7463 MEMORANDUM DATE: 9/13/10 TO: Elizabeth Sakarellos - ZBA Office FROM: Jim Fitzgerald SUBJECT: Elizabeth Lyons; SCTM #1000-117-10-12.2 Here are nine (!) copies of photos showing the staked location we propose for the Lyons ga- rage. Also included is a sketch showing the view angles of the photos. Also, also, here is another copy of the full application, as you requested. N/F' )'O0"E~ 100.21' ~2 15 4th Street New Suffolk, NY within 300 feet of subject property 1540 Jackson Street New Suffolk, NY f from subject property property 1470 Jackson Street New Suffolk, NY Three houses away from subject property Within 300 feet of subject property 3th Street New Suffolk, NY within 2 blocks of subject property House located directly across 5th Street Within 50 feet of subject property 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 21, 20t0 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 21, 2010: 11:00 AM -ELIZABETH LYONS #6423- Request for Variance from Article III, Code Section 280-15, based on an application for building permit and the Building Inspector's August 26, 2010 Notice of Disapproval, concerning construction of an accessory garage; proposed location other than the code required rear yard, at: 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-12.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(~,Town. Southold.ny. us. Dated: September 30, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hRp://southtown.north fork.net September 30, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 21, 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 October 8th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; AND not later than October 15th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 16st: 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 October 20, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE. NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LYONS, ELIZABETH #6423 MAP # 117-10-12.2 VARIANCE YARD LOCATION REQUEST ACCESSORY GARAGE DATE: THURS, OCT. 21, 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 ~)~ 9952 ~," STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th dayof October, 2010. / Principal Clerk Sworn to before me this LEGAL NOTICE $OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY OCTOBER 21, 2010 o~o_wn ~aclc Chapter 280 (Zoning), Town ~W)_e~!2~ake) Southold, NY. SCTM#/~_ -Request f~le ~I~I, 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK NO, 01-V06105050 Qualified in Su!lOl~ County ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK RECEIVED In the Matter of the Application of BOARD OF APPEALS ELIZABETH LYONS Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-11%10-12.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 7t~ day of October, 2010, I personally mailed atthe United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, tree copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified fi-om the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Three USPS Certified Mail Receipts are attached herewith. Dated: October 7, 2010 Swom to before me this 7th day of October, 2010 Notary Pubrie~ t¢n~nBOHNI£J' DOROSKI ~,lota~ Public, State Of NewYo~ ~o. 01D06095325, Suffolk ~ouu~ Term Expires July 7, 20 ~ ~tober 6, 2010 ELIZABETH LYONS: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-117-t0-12.2 Elizabeth Lyons 67 Thayer Road M~ NY 11030 RECEIVED BOARD OF APPEALS NOTICE SENT, FOR INFO Dan Lyons 64 Sylvan Road Madison, CT 06443 NOTICE SENT 1000-117-10-12.3 Joseph Brusco 71 Chase Road North Scarsdale, NY 10583 1000-117-10-14.1 William C. Goggins PO Box 65 Mattituck, NY 11952 1000-117-10-23 Mary L. Bruseo 71 Chase Road North Scarsdale, NY 10583 121 } sr-~F~(bClAL USE I .I "~**$0"* I,,~'"~¢,, ~F~kC i A L USE e[sentr° ,.farZ g. Brusco ..... 1 ~ [s,~ro William C. Gg. ggins --- ~%r~ ................................................................. [~m'~'~o. PO Box 65 ~ 5~.~!~fS ........................................ ~' ....... proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge~suffolk, lib. ny. us Fax: 63%734-7463 MEMORANDUM TO: Vicki Toth - ZBA Office FROM: Jim Fitzgerald SUBJECT: 06423 - Lyons DATE: 10/21/10 Attached are the three "green card" receipts for this application. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1..~rticle Addressed to: B. Relived by (Printed Name) C. ~at~-of Del[yep/ D. Is d®live~ addre~ different ~om item 1 ? [] Yes If YES, enter delivery address below: [] No ~' Ce~lfled Mail I-1 Express Mall Registered r'l Return Receipt for Mea31~l~dise [] Insured Mall [] C.O.D. JJJ 4. Restricted Dailve~/? (Ex'tm Fee) r-I Yes 2. Article Number {Transfer f~m serv/ce/abe0 7007 1490 0000 8726 1118 PS Form 3811, February 2004 Domestic Return Rec~pt ifem 4 if Rest~ed Delivery is deSired. · Print your name and address on the reverse · ~so~_t~_a~t...w~ return the card to you ~:'..a_ch~Lar?oto the back of the m;ilpiece, Hary L. Brusco 71 Chase Road North Scarsdale NY 10583 eaomss diff~ent fn~3 item 1 ? ~ y~-~e~--= YES, enter delivery address be/ow: r-I No ~: Service Tybe [~( -~ ) Registered 2. ArUcle Number 4. Restricted D~ivey? (F-x~a Fee) ,ri Yes ~'~,~be~ 7008~ 1300 0001 7025 4093 PS Form 3811, Februa~ 2004 Domestic Return Receipt · Complete items 1, 2, and 3..Nso COmplete item 4 if ReStricted Delivery is deSired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joseph Brusco 71 Chase Road Norh Scarsdale NY 10583 2. Article Number If YES, enter delivery address below: 4. Restdcted De~hm~7 ~ Fee) [] No g ~Ipt for Merchandise ~Ye~ ~~ 7008 1300 0001 7025 4086 Ps Form 3811,~bmary2004 Dom~cRetumRecel~ · Print your name and address on the reveme so that we~an return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. Wi~m C. Goggins PO~x 65 Mattituck NY 11952 D. ~sde~hn~yaddressdlffment from ~tem t? [] Yes If YES, enter delivery address below: [] No ~~/~ 7008 1300 0001 7025 4109 Ps Form 3811, Februay 2O04 ~ Retum Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of ELIZABETH LYONS Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-11777-10-12.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogne, New York 11935, being duly sworn, depose and say: That on the 14th day of October, 2010, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each slxeet or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject heating date, which hearing date was shown to be Thursday, February 21, 2002. Dated: October 21, 2010 Sworn to before me this 21~t day of October, 2010. Notary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk Count~ Term Expires December ;51, 20 /3 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 13, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6423 Elizabeth Lyons 1000-117.-10-12.2 Dear Mark: We have received an application for a proposed accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, ,~hai~ei~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Soothold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 13, 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 XI¥ of the Suffolk County Administrative Code: ZBA File # 6423 Owner/Applicant' Elizabeth Lyons Action Requested: Accessory garage in side yard. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie,,Y%Weisma,~ Z BA ,~?~,h,~p e r s/~ By: ( BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 November 17, 2010 James Fitzgerald P.O. Box 617 Cutchogue, NY 11935 Re: Lyons, File #6423 Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's November 16, 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. Vicki Toth Encl. Cc: Building Dept. N/F GEHRING 84'00'00 "Ex x, /V 100.21 SURVEY OF PROPERTY SITUATED AT NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-10-12.2- SCALE 1 "--30' NOVEMBER 26, 2004 AREA = 24,471 sq. ft. 0.561 ac. CERTIFIED TO: ELIZABETH M. LYONS NO TES: 1. ELEVATIONS ARE REFERENCED TO N.G,V.D. 1929 DATUM ~ECEZVED BOARD OF APPEA[,~ N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Eand ~urvoyor PHONE (651)727-2090 F~x (631)727-~727 OFFICES LOCAFE~ AT ~,AILING ADDR£SS / CUTCHOGUE HN:?BOR ~ " pEcONIC BAY NOTICE Reel Property lox Service Agency