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HomeMy WebLinkAbout6427 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 .RECEIVED d[,~] 2 6 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2011 ~OU ZBA FILE: 6427 NAME OF APPLICANT: Michael and Kathleen Hannafin PROPERTY LOCATION: 280 Munn Lane, Orient, NY SCTM 1000-17-4-2 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 Oct. 19, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a non-conforming 11,120 sq. fi. parcel in the R-40 District. The northerly lot line measures 94.11 feet, the easterly lot line measures 102.78 feet, the southerly lot line measures 94.02 feet, and the easterly lot line measures 125.00 feet along a R.O.W. known as Munn lane. The property is improved with a single family dwelling, as shown on the site survey drawn by John C. Ehlers, Land Surveyor, dated Sept. 25, 2009, and last revised Dec.30, 2010. BASIS OF APPLICATION: Request for Variance from Code Sections 280-124, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disapproval, concerning proposed additions and alterations to existing single-family dwelling, at 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant proposes to construct a second story addition, a 336 sq. ft porch along the length of the south side of the dwelling, and a 28 sq. ft. addition on the north side of the dwelling. The Applicant requests a front yard variance because, the existing building has a non-conforming setback of 18.5' as measured from the closest distance to Munn Lane, where the code requires 35 feet, and a rear yard variance because, the existing building has a 34.2' rear yard setback, where the code requires 35 feet. ADDITIONAL INFORMATION: At the public hearing several neighbors voiced concerns regarding the survey submitted with the application. It was pointed out that there were several errors shown. The agent for the applicant was asked to revise the survey with currant adjoining property owners. On January 3,2011, the Board received the revised survey dated December 30, 2010. Page 2- January 19,2011 ZBA File#6427 - Hannafin CTM: 1000-17-4-2 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application December 2, 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicant will maintain, and not further decrease, the pre- existing, non-conforming front and rear yard setbacks within the expanded building footprint. There are many other two story dwellings in this neighborhood. 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 existing building has pre-existing non- conforming front yard and rear yard setbacks. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the rear yard setback is not substantial since the proposed setback is 34. 2 fi and the code requires 35 ft. The variance for a front yard setback is substantial. The dwelling has an existing non-conforming front yard entrance with an 18.5' setback from Munn Lane which is a 34% +/- relief from the code required 35 feet. However, the entire rest of the house, including the proposed additions, will maintain the pre-existing non-conforming 23.2 ft. front yard setback. Although the Applicant's proposed additions and alterations do increase the building's overall areas of non-conforming setbacks, the existing front and rear yard non-conforming setbacks will remain intact. 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. Storm water runoff will be contained on site per code. 5. Town Law §267-b{3}(b){5}. The difficulty has been self-created since the Applicant would have been aware of the non-conforming setbacks of the existing building when he took ownership of the parcel in 2009. 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 additions and alterations 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 Dinizio, and duly carried, to GRANT~ the variance as applied for, and shown on the revised site survey prepared 12/30/10 by John C. Ehlers, Land Surveyor and shown on the plans prepared by Nancy Dwyer dated 9/1/2010 pages Site, 1-3. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Page 3 -January 19,2011 ZBA Fi1¢#6427 - Hannafln CTM: 1000-17-4-2 Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider. (Absent was: Member Goehringer) (Member Homing by phone, no voting right.) This Resolution was duly adopted (3-0). L~s'~ie Kanes Weisman, Chairperson Approved for filing(~_/.~2011 Ax \'A- \ n.o.f. JONATHAN MORIOWITZ '~" DUILDING ~NVELO~ - / NEW AR~A ~ ~I~TING I 5TO~Y GAUGE ~ Hous~ w/ , PROPOSED SECOND FLOOR ¢ ROOFLINE I I 5TORY, F~T ROOF n.o.f. JONATHAN HOROWITZ : STRUCTURE j ' ~ o 51TB PLAN FINAL MAP O~ ~ ~ ~ - 5CAL~: ~" LO" ~ ~ = REVIEWED By ZBA i z ~ ~ n.o.L JONATHAN HO~OWITZ ~ ~ 5CTM: 1000- 17-4-2 SEE DECISION*~ ~ In~onma~on ~akdn ~rom ~ 5urvdy prepared by D~TED Joh~ C, Ebbars, Land Surveyor ~ ~ R~wrhdad, N~w York Nb3dO2'50"W ~502' ~ dated $eptember 25, 2009 EXlS~mgHou~e (ex~s~m~): I 2 I 5 5q.~ n.o.f. DAVID ~AN5 SMITH Tobal existing areas: I 2 I 5 sq.~. Ex~5~lng Io5 coverage: I 0.9% BOARD OF APPEALS Proposed new area; 28 5q.~ Proposed cove~ed porch: 33¢ sq.~. Tobal Areas: 157~ 5q.~. TOTAL LOT COVE~GE: I 4. 1% required *ebback lines 592 (37.4 % of ~o~al 5~ruc~ure) 'A\ xA-, n.o.f. JONATHAN HOI~OWITZ q ~_ BUILDING ENVELOPE l/ P~OPOSED , ,, N~W A~A ~4'~ ~ Z Z ~~ UNEHOUS~ER w/GAUGE I ~ ~ ~O~05~D SECOND ~~ FLOO~ ~ ~OOFLINE / x~ / ~ I ~TO~Y, F~T ~OOF n.o.f. JONATHAN HOKOWITZ ~ : D~UCTU~E ° ~ PO~CH ~oz ~ ~ ~ I 51TE PLAN b z ~ ~ n.o.f. JONATHAN HOAOWITZ OCT ~ ~ ~ DCTM: 1000- I 7-4-2 o ~ ~ Information ~aken from BOARD OpAPP~AL ~ John C. ~hler~, Lan4 $urveyor ~ A~wrhead, New York N~3dO2'SO"W G5,02' a da~ed September 25, 2009 Exl~Bm~ LoB ar~a: Hou~ (~XlSCln~): I 2 mo,f, DAVID EVANS SMITH To~I ~Xl~C,n~ / ~ ~x,~,~ ,o~ ~ow~: ~o.~ REVIEWED BY ~ro~o~d n~ ~ / To~al Areas: 157~ ~.~. DATED~ I~ ~ TOTAL LOT COVE~GE: I ffR. ONT ELEVATION 5CALE~ ¼"= ILO" IFINAL MAP REVIEWED BY SEE DECISION # DATED._L I / fi' EXISTING ffRONT ELEVATION ULJL JLt JUL L 1TF JU UL suu l,uu snH nnr IT1 BIT RECE)\/BD CCi 6 ,.<~ BOARD OF APPEALS PAGE: MUNN LANE ELEVATION SCALE: 4~''= iLO" ~ o ~ o FINAL MAP REVIEWED BY ZB ~c~, ~" ~ ~'e" DAT~D~ I~ I ,~ [ z~ '~' ,. .. .', .' " OCr$ RIGHT 51DR ELRVATION ~o~,~ o~pp~s $CALE: ~'~: I'~0" I REVIEWED BY Z[ ~A u U ~ ' zzd~ SEE DECISION OCT 6 ZOlO fflRST FLOOR PLAN "D" SECOND FLOOR PLAN (matches first floor a ¢ b)BOARDOFAPPEAL SCALE; ~"= ILO" SCALZ: ~"= 3 FINAL MAP REVIEWED BY SEE DECISION # ~_~ DATED_ / I~t q I '-----------.~___~___ SURVP( OF PR~{bERT'r' 5I'FUATE, ORIENT TOI~N, CmjOUT~ OUFF:OLK COUNTY', NY' 5t,IRVEYEID SEPT. 2,.5, 2coq t:~JEVISED OC, T. 6, 2OIO ~EC. EHBER ~O, .2OIO CJJFFOLK C, OUNT'( TAX # IOOO- Il'- 4-;2 ,~_~- °ROPOSEP] Z 0 AE;,DITIONj 5.8 N RECEIVED 27 E I Sfcor,, Frome 'House2 Under PROPOSEP COVERED PORCH NOTES: drive~o~ o%2'=f 00' -- ~** NSS°Oq'40"k~ Former-lq Lend No,~ ~ ~.0~' o · MONUI-'IENT FOUND AREA = 11,120 5.F. OR 0.255;~ AC, RE RIGHT OF I~IA¥ REC, O~P OI'NNER.~klIP AS "PRIVATE ROAD JOINT OI, NN~EYrlIP" GRAPHIC SCALE 0 20 40 FINAL MAP REVIEWED BY ZBA Sili DECISION # DATED r I lq I,~/l I , O~o~0 -- ~CHAEL ~. HA~ft~AF~ F~[~L~ IVATIOIVAL 'ffE~, COI~FAY4Y OF I~ FARGO ~AI~ N.A. EAST MAIN STREET NmY.S. LICi NO. 50202 R1VERHEAD, N,Y. 11901 369-8288 Fax 369-8287 REF.-C:~Documrnts and Setfings\Ownrr~V[y Documents~My Dropbo×\09\09\09-153 prop addEr.pro JOHN C. EHLERS LAND SURVEYOR DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED ~OARD OF APPEAI--q THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING October 19, 2010 Town of Southold ZBA PO Box l 179 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 application submitted to the Suffolk County Planning Commission is 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. Applicant Hannafin, Michael & Kathleen Municipal File Number 6427 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, SOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: September 20, 2010 TO: Nancy Dwyer For: Michael & Kathleen Hannafin Southold, NY 11971 Please take notice that your application dated September 10, 2010: For permit to construct additions and alterations to an existing single family dwelling at: Location of property: 280 Munn Lane Orient, NY County Tax Map No. 1000 - Section 17 Block 4 Lot 2_ Is returned herewith and disapproved on the following grounds: The proposed addition and alteration to this existing single family dwelling, on a non- conforming 11,120 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and a rear yard setback of 35 feet. The proposed addition is showing a front yard setback of 18 feet 7 inches and a rear yard setback of 34 feet 2 inches. 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. ~ RECEIVED .... ,-~: in, pPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. o~ 0 Street SCTM 1000 Section ] 7 Block Hamlet Lot Size I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~- 0-90 ;=.q.O/O BASED ON SURVEY/SITE PLAN DATED ~./, ~7-C;/O . applicant(s)/Owner(s): ]~-,~tC~,~LO~ 1 ,J K~L4~ {£¢ ~ Mailing Address: ~9~0 ,Ql~'//t~ ~/~_ ~t6/~/: Telephone: 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 represents: NameofRepresentative: }',-~C~ ]'~C4,~&- ~)~t~j.'q forJ~Owner( )Other: Address: F~) ~0~ ~:~ ~,c~ c~'~L/q a/c~ Telephone: 7~-~ 7 Fax: ~--oc~'~~'' Emaih Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (//~Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~. / o20/'0 and DENIED AN APPLICATION DATED t~./tD.~ZY~9 FOR: ..~2Building Permit /~Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by nunlbers. Do not quote the code.) Article~ I I L Section: c:~'~9 -/,=..~ ~ Subsection: Type of,Ap/peal..An Appeal is made for: ,/{Q~ Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, {~'fi'~as not been made at any time with respect to this property., UNDER Appeal No(s).~" Year(s). .. (Please be sure to research before completing this question or call our office for assistance) REASONS FOR APPEAL {additional sheets may be used with preparer's signature): OCT 6 AREA VARIANCE REASONS: ., BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of me neighborhood or a detriment to nearby properties if granted, because: The benefit sought by the applicant CANNOT be achieved by some method feasible for the (2) applicant to pursue, other than an area variance, because: (3) The amount of re~ef requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleg~ difficul~ been self-c~eated? ( )Yes, or ~No. Are there CoYe~a~ts and Restrictions concerning this land: ~No. ~ Yes (~lease furn~h co~v). This iS the MINIMUM that is necessa~ and adequate, and at the same time prese~e and protect the character of the neighborhood and the health, safe~, and welfare of ~e communi~, ) IF A USE VAR1ANCE IS BEING REQUESTED, AND PLEASE COMPLETE Check this box( VARIANCESHEET: (Please besur'e~-~urattorney.)~~tt~ THE A TTA CHED USE Signature ol~Appella~(tJor Authored Agent (Agent must submit written~uihorization from Owner) Sworn to before me this day of J 'L~4~ , 20/D Notary Public CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 C Qualified In Suffolk County AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED OCT 6 2010 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within $00 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk CounO~ Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~Jtt V~6~ '~',/~ f 2) Address ofApplicant: ~;O~O~c~ G'~9-.' ,~>oo.~la~,l~l ,JO~, l(q'll 3) Name of Land Owner (if other than applig.ant): L~,c~te ~ '~ ~q~&l~e~ '~t-~l~ 4)AddressofLandOwner: ~_0/~ unn , Or,e, a4. 5) Description of Proposed Project: /'~(C;~ ~-'c~%orl , ~Ce. eone/ ~ ~ p~¢£ 6) Location of Property (road and tax map number): /0~0~- /,~_ ~z _ 7) Is the parcel within an agricu!tural district? yes, Agricultural District Number 8) Is this parcel actively fanned? J~ No ['-]Yes 9) Name and address of any owner(s) 'of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 2, / (Please u~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-~938 ofirJhe Zoning Board of Appeals at 765-1809~ ,. Si Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6~ on t~ei~ farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to tbe local hoard ,,viii be taken imo consideration as part of the overall review of this application. 3. Copi~ of the completed Agricultural Data Statement shall be sent by ~2plJcant end/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the apl~Iicant at the time the application is submitted for review. Failure to pay a~ such time means the application is not complete and cannot be acted upon by the beard. 1-14~09 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~uu~J~ ( n{~( ~-~O~ I~0~'~ f~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED tSLIARD OP APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): ~ 7 ' Dimensions of first floor extcnsiun: /~rf, h - Dimensions of new second floor: o25 '- 7" × ~:~. b ' Dimensions of floor above second level: J'~'flC c5'C O" ~-/- -j~ rlcJ.~t_ 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: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: ) Number of Floors an~ General Cl~aracteristics BEFORE Alterations: ~trqS]e_ Number of Floors and Changes WITH Alterations: ~r~.JL &mt F o( mr-lA olorme, rso eouer d ioof'oki, .trad [r)ead- d 'rlcter IV. Calculatioas of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: /~/~' Proposed increase of building coverage: ..~/~ 5/ ..q'. f=. Square footage of your Itt: [ I) J &O Percentage of coverage of your lot by building area: /St. ! .~//~ ~ro,.t~..qeo V. Purpose ofNew Construction: /~- fOdr~S~_ //Wrl~ ~q.fa~, I VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how~ relates to the difficulty in meetinE the code reauirement(sl. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? __Yes /~_ No 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? A. Jo 2.) Are those areas shown on the survey submitted with this application? ~ 3.) Is the property bulk headed between the wetlands area and the upland building 4.-ji~ your p{oCp~'ty contains wetlands or pond areas, have ~,ou contacted the Office of the Town trustees for its determination of jurisdiction? ~/~_~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~/~7 Are there any patios, concrete barriem, butkheadstor fences that exist that are not shown on the survey that you are submitting? /[.Jo Please show area of the structures on a diagram if any exist. Or state none on the above line. Go Do you have any construction taking place at this time concerning your premises? A Jo ffyes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any arq lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel G~ r~l~_ ~[nlt [¥ / g~-Orq ~ q~.ro-~/f~ ~,~de,r and the proposed use St rw~/~_ /(~r~t/,~; O) a~.~ _~u ri md[ la ua ,~,~f~ . (ex: existing single family~, proposed: ~ame/with garag~pool or f~er) 7./o. OlO OCT 6 2010 BOARD OF APPEALS 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM PROJECT ID NUMBER for UNLISTED ACTIONS Only ~licanl er Project Sponsor) PROJECT NAME PART t - PROJECT INFORMATION ( To be completed by Al: 1. APPLICANT / SPONSOR 8EQR $.IS PROPOSED ACTION: [] New ~oo' E]Modiflcati~nlal~emtion 6. DESORIBE PROJECT BRIEFLY: RECEIVED 7. AMOUNT OF LAND AFFECTED: 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZON~G OR O~ER RESTRICTIONS? ~Yes ~No I~ no, desmibebHe~: 9.~AT IS PRESET ~ND USE IN VI~I~I~ O~ P~O~CT? {C~ as ~ as apply.) BOARD OF APPEALS E] O~er (6escfibe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIUATELY FROM ANY OTHER GOVERNMENTAL A~ENCY (Federal, Sta~e or LOCal) 11. DOES E~Yes AN'( ,~SPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?  o Ifyes, list agency name and ~en~it I apprD,ta~: iI~eSsA ~UN~LT OF PROP~;~ET~.TION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE U, u If the aotlon Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment C3. C4. C5. C6. PART II - IMPACT ASSESSMENT [To be completed by Lead A~lencyl A. DOES ACTION EXCEED AN~ TYPE I THRESHOLD IN 6 NYCRR PART 617.4? If Y~B. coorcll~ate ttie review process and use the FULL EAF. r-lYes r'-INo B. WILL ACTIQN RECEIVE COORDINATED REVIEW AS pROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617~67 tf NO. a C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (~vers may be handwrfften, ~f legible) Cl. _E.~_ ._s _t~ _..a~'. ~ual .i?. s?fa? or gm_urld..~r quarry m quaofay, nolae lan/bls, exls~ng t~afl]c pa.em, se~ waste pnXluc~ 0r disposal, po~nam ~or emema, ara~age or m)o~mg problems? Explain i A<,,,. =~ =~,,,.~.uml =,,,,~oglr, aJ, hlstoric~ or oth~ aa[urar or cullta'al resources ~ ~ommu~ily or, ~blghbothood ch,.,'=,-~,~? Explain briefly;, A communtly'$ exla~i'n~' p~ ns or g~all~ as ~.'~,~, ad..~vLbJ, or a change hi use or IfllensY~/of use of land ~ olhd~' f~atural resour~'~ '" an ESP~ C7. O~erh),~.taOmud ,J,m ~ nuseofd~her u~'~' '--~e ' ~in'b · -- r~ ,~ q ty . tm,? Exp] d ~: [3. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHaENT OF ^ CRITICAL ENVIRONMENTAL AREA {CEA)? (If yeB, oxpla n bfibl~: r-]Yes ~---INo PART III - ~MINATI{3.N OF SIGNIFIG~J~ICB {'To be ¢omple{ed by Agency) INSTRUCTIONS: F~reachadVersee~ectidenti~edab~ve.determineWhethorit~substantiaL~rge~im~n~r~es~n~n~. Each effect should be aseessea t~ connection with ~ (a) setting {i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversiblity; (e) geographiC s<33pe; and (f) magnitude. If necessa~, add altachl~e~3ts or reference supporting materials. Ensure that explanaflor~.s contain suflicient detail to show that eft relevant adverse impacts have been ~efl~i~:l and adequately addressed. If queslion d of pert ii was effected yes, the d etermi~atio~ of significance must eya~uate the pO{ential impact of the proposed ection on {he environmental chara ctedstJcs of the CEA. Name of Lead Agency Date P~nt or Type Name o/ResDonslbh~ Officer Itl Lead Agency Title of Respo~slble Officer Signature of ReSponsible Officer in Lead Agency Signature of Preparer (it different from responsible o~.,er) 0~/27/2010 89:38 705542~321 LPSL PAGE 81 APPLICANT TRANSACTIONAL DISCLOSURE FORM (]FOR 9UBMISSiON BY OWNER a. dOWNER'$ AOEN~ NATURE OF APPLICATION: (Check all that apply.) Change of Zone Approval of Plat Exemption ~ O~et I I Do you personally, (or through yom- company, spouse, sibling, parent or c~ild) Imve a relntion.~ip with any ~ or em4aloyee of the Town of So.boM? "Relatiomhip" ineludel by blood, nmn~e, or busine~ interest 'Business interest" tneam a business, induding a ga~netship, in which the Town officer or employee has even a pmia{ ,mwnerahip of (or employmant by) a cotpomlion in which tile Town officer ot employee owm mote than ~ of the shares. v£s[, I Name ofper~m employed by the Town of Southold: TiOe or position of that pemon: Describe that relationship between yourself (the applicant) and the Town off]cot or employee. Either check the aplnopriate line A thmush O (below) and/or describe the relationship in the space The Town office~' o~ employee or his or he~ spouse, sibling, porem, or child is (check all thnt apply): { [ A) the own~ of greater than 5% or,he shares ortho corpora~ sto~k ofW, t nppl~ant (when ~ applicant is a corporation); ~ B) the legal or beneficial ovmer of any interm in a non-corpome entity (when the npplieaat is not a coq~ation); ~ C) an officer, director, pam~et, or ~nnl:qOyee of the applicant; or o) tho DESCRIPTION OF RELATIONSHIP APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the cart of town officers and employees. The t~umose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to mhe whatever action is necessary to avoid same. YOUR NAME: DOu/~.~r ~.J~:;L/q CO (Last name!first name, middle ~n~al, 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.) Tax grievance Building Variance ,5~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) 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 the balance of this form and date and sign where indicated. Name of person employed by the Town o£ Southold Title or position of thet 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 off~cer or employee or his or her spouse, sibling, parent, or chi Id 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. RECEIVED DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted th}s_/~0 day ocf~ -~eD7t' Signature --//~'"'A'- ~ Print Name /¥ta4~CJ~/ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Sonthold 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, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depariment, all local libraries and the Town Clerk's office. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM /7 ¢ The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [~ BoardofTrustees [] BOARD OF APPEALS 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 extenJ~of action: Location of action: Site acreage: Present land use: Present zoning classification: 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 address: c~o~O R6¢EIVED (c) Telephone number: Area Code ( ) 0ET 6 21310 (d) Application number, if any: EOA.°.D OF APPEALS 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?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. No ~(Not Applicable- please explain) 0 Attach additional sheets if necessary 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 - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 throngh 7 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary 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.L~ (Not Applicable - please explain) RECEIVED --...r,,.,_.~n^'""' OF APPEALS Attach additional sheets if necessary 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 L~ (Not Applicable - please explain) co~ohruchoo olebr, s to'l~ Attach additional sheets if necessary 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 - please explain) RECEIVED $ BOARD Attach additional sheets if necessary 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 - please explain) Attach additional sheets if necessary 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 - please explain) 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 ~(No' Applicable - please explain) Attach additional sheets if necessary 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- please explain) / 'CEIVED OCT Attach additional sheets if necessary BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No'Not Applicable - please explain Attach additional sheets if necessary 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 - please explain August 6, 2010 Town of Southold Annex Building, Main Road $outhold, New York RE: 280 Munn Lane Orient, NY 11957 To Whom It May Concern: This letter is to hereby authorize Nancy Dwyer, of Nancy Dwyer Design Consulting, Inc., to represent and file applications for any and all permits and variances on our behalf, for the proposed addition to our residence in Orient, NY. Sincerely, Michael J. Hannafin, Homeowner RECEIVED CCT 6 7 BOARD OF APPEALS Land or Formerly o~: JonoLhan H~¢ ...... Formerly: p..j. Tu~hill  I 5bor~j Frame ~ I~, ~ ~'House ~oroc~e . Under OCT $ 2010 BOARD OF .h TOWN OF SOUTHOLD PROPERTY REC:ORD CARD OWNER STREET ~?-~ VILLAGE DIST. SUB. LOT ~ TYPE OF BUILDING RES, ~ /~ SEAS. VL. : FARM COMM. CB. MISC. Mkt. Volue ] ~ND IMP. AGE BUILDING CONDITION I ~ ' N~ NORMAL BELOW ABOVE - FARM Acre Value Per Value Acre Tillable 1 Tilloble 2 Tillo~le 3 Woodiond Swemplond FRONTAGE ON WATER , BrusHlend FRONTAGE ON ROAD /~ ~t ~ ~ : 7¢~ House Plot _ DEPTH c) ~ BULKH~D Total D~K Extension Extension Porch Breezeway Garage Patio Total COLOR TRIM Foundation ~Basement Ext. Walls Fire Place Type Roof ~/ecreation Room Dormer Driveway Both __/ Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Flora FIY ~. ;xamined ,20.__ ~ ~9~-~/~ kpproved ~ 20.__ )isappreved a/c !xpirafion ,20.__ BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 s~s of Building Plans Planning Board approval Survey Check Septic Form N,Y.S.D.£.C, Trustees Flood Permk Storm-Water Assessment Form Contact: Phone: / Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 Ia a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 ~e'ts 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 treas, 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 ;hall 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 ssues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months atter the date of ssuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the ~roperty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an :ddition six months. Thereafter, a new permit shall be required. APPLICATION IS I-I~REBY MADE to the Building Departraent for the issuance of a Building Permit pursuant to the ;uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~egulations, for the consmlction of buildings, additions, or alterations or for removal or demolition as herein described. The ~pplicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit mthorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicanO ~tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) ~f applicant is a corporation, signature of duly authorized officer (Name and title 0~'~orP°mte officer) Uuilders License N0~ Plumbers License No. ~;lectricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block ¢ Lot c~ Filed Map No. Lot 2. State existing, use and occupancy of premises and ir~ended use and occupancy .0f proPOsed construction: a. Existmg use and occupancy Gfr~l~ '{-nmi[tn, ]~'°rut F¢$ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building_ Addition ,9(. Alteration Repair Removal Demolition Other Work 4. Estimated Cost ~tC~.DDD 5. If dwelling, number of dwelling units If garage, number of cars Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing s ,t}-uctures, ifany:Front ,~[.~, ' Height /0~' O" ~- Number of Stories / Rear Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stories 8. Duneus~ons of entire new constmction: Front ~ 7-~ Rear Height 06 '- 8" ~'~ Number of Stori' es c,7 9. Size oflot: Front //5' Rear /~ )rte,O. Depth ~/.// 10. Date of Purchase <;,9~ 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 .~CWill excess fill be removed from premises? YES 14. SamesofOwnerofpremises ~t~-~h~, Address ~)fl~'~ PhoneNo. Name of Architect Address .Phone No Name of Contractor Address Phone No. __ NO.. 15 a. Is this property within I00 feet of a tidal wetland or a freshwater wetland? *YES * 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 propexly is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO N~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY O~ ~ (,I/] -~{ g~F being duly sworn, deposes and says that (s)he is the applicant (Name of individual sighing contract) above named, OONNIE D. 8UNOH (S)He is the ~-.~ col ~'A~l''~a~( Notary Publl~, 8tat~ o¢ New YOrk (Contractor, Age~t, 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 am tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ] ~"~ day of ~--.~.~~20. Notaxy Public L FORM 1~O. 4 TOWN OF SOUTHOLD BUILDING DEP~R/?4ENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY NO: Z- 34007 Date: 10/14/09 CERTIFIES that the building DWELLING Location of Property 280 MUNN LA (HOUSE NO.) County Tax Map No. 473889 Section 017 Subdivision ORIENT (STREET) (F3%MLET) Block 0004 ~t 002 Filed Map No. __ Lot NO. __ co~or~u~ substantially to the Requ/re~_nts for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to wb/ch C~RTIFICA~ OF ~/~C"fN~RR Z- 34007 dat~ OCTOBER 14, 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The Occupancy for which this certificate is issu~ is ONE FAMILY DW~T,T.TNG WITH REAN ENCLOSED E~7~RY A/qD ONE CAR GARAGE UNDER* Th~ certificate is issued to IRMA TOTH HUPFEL LVNG TRT (OWNER) of the aforesaid building. N/A N/A //A~rl zed ~ignature Rev. 1/81 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 October 7, 2010 Zoning Appeal No. 6427 Transmitted herewith is Zoning Appeals No. 6427 of Nancy Dwver Design for Michael & Kathleen Hannafin - 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, Authorization Letter from Michael J. Hannafin to Nancy Dwyer to Represent them in this Matter, Survey with Photo Key, 2 Pages of Photos with Numbers, Copy of Property Record Cards (Both Sides), Notice of Disapproval from Building Department Dated September 20, 2010, Copy of Survey Showing Property as it Exists Prepared by John C. Ehlers, Copy of Survey Showing Existing & Proposed Construction Prepared by John C. Ehlers Land Surveyor, 5 Pages of Copy of Plans Showing Site, Elevations and Floor. $0' N/F GLEASON S 83'57'00"E RIGH OF TAX MAP NUMBER 1000-117-05-11,5 470,00' SURVEY OF PROPERTY SITUATE NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-0,5-11.5 SCALE 1"=50' OCTOBER 10, 2002 OCTOBER 7, 2010 ADDED PROPOSED POOL AREA = 86,275 sq. ft. 1.980 ac. CERTIFIED TO: ANNE MARINO BERNARD TELSEY RECEIVED OCT 25 ZOla BOARD OF APPEALS 218.80' r~ S 151 02' 153. 1 O0 00' 6 ?B'59 50 FOUND N 26'Q9' THE EXISTENCE Of RIGHTS Of WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y.S. L~c, No 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 30--24 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/07/10 * * * RECEIPT * * * Receipt~: 92958 Transaction(s): 1 1 Application Fees Check#: 1287 Reference Subtotal 6427 $600.00 Total Paid: $600.00 Name: Nancy, Dwyer Design Consulting Po Box 632 $outhold, NY 11971 Clerk ID: CAROLH Internal ID: 6427 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RECEIVED NOV 2 3 2010 80ARD OF APPE/U,.~ 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 18th day of November, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY DECEMBER 2, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Ibwn Code Chapter 280 (Zoning),Town of Southold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall. 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on ~ for Variance from Code Sections 280- [~A, basod on an application for b.,uilding ~-mit and the Building Inspector s Sep- l~aher 20, 2010 Notice of Disapproval, concerning p~oposed additions and al- ?rations lo existing single-family dweil- rog, at 1) less than the code required ~ont yard setback of 35 feet, 2) less than ~ code required rear yfird setback of ~ feet. Location; 280 Munn Lane Oft- mt, NY SCTMgl000-174-2. ~ ~ I HENRy L FERGUSQ~ ~ - Requests for based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disap- proval concerning a lot line change: two non-conforming lots at less than the code required i20,000 sq. ft. in a R120 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Islan& NY. SCTM#'s:I000-7-i -6.1, 7 & p/o 10. 10:.10 AM - CHESTER and WENDy ~ - Applicant ~e-- quests a Special Exception under Article III, Section 280-13B(13). ~lhe Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure. Location: 1905 Stiliwater Ave., Cutcbogue, NY. 10'.30 AM - ANDREW GREEN~ ~429 - Applicant requests a Special Exception under Article Ill, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure. Location: 30653 Route (adj. to Long island Sound) PeconJc, NY, SCTM#1000-73-4-5. 10'.50 AM - ANNE MARINO AND E RD LSEY ~64 - Request for Variance from Article III, Code Sec tion 280-15, based on an application for building permit and the Building In- spector's September 20. 2010 Notice of Disapproval, concerning proposed ac- cessory in-ground swimming pool at: 1) location other than the code required rear yffrd. Location: 465 Old Harbor Rd. (ROW), New Suffolk. NY. SCTM#1000- 117-3-11.5. 11:10 AM. DONALD B. and JANIS G. ROSE ~430 - Requests for variances from Code Section 280-124, based on an application for building permit and the Building Inspector's September 10, 2010 Notice of Disapproval concerning re- construction of a single famiIy dwelling: (1) less than the code required combined side yard setback of 25 feet (2) less than the code required rear yard setback of 35 feet. Location; 145 King Street Ori- ent, NY. SCTMg1000~26-1-23. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Sep- tember 23, 2010: 1.'~ PM - LOUIS aad ELIZABETI]_ MASTRO # 64[?- Request for Variance from Code Sections 280-I16(B) and 280- 124, based on an application for build- lng permit and the Building lnspectoFs June 14, 2010~ amended September 8, 2010, Notice of Disapproval concerning proposed demolition and reconstruc- ~"~ISTINA VO KI NOTARY PUBLiC-STATE OF NEW YORK NO. 01.V06106080 Qualified in Suftol~ County tion of a new single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code I required minimum side yard setback of I0 feet, 3) less than the code required total Combined side yards of 25 feet. 4) less than the code required rear yard set- back of 35 feet. Location: 1595 Bayview Ave., (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. Re-opened from Public Hearing Oc tober 21, 20 [0 · 1:30 PM · REGINA'S GARDEN LLC g6388 - Request for Variance from Code Sections 280-I3 and 280 14, based on an application for building permit to operate a farm office in a non conform- Jng building, and the Building Inspec- tor's March 10. 2010. Notice of Disap- proval stating that thc proposed use on this parcel in the AC zone is not per- mitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Mattituck. Adjourned from Public Hearing Oo tober 21, 2010: 2.'00 PM - MARK and SHARON MELNICK g6426 - Request for Vari- ance from Article III, Code Section 280- 15, based on an application for building permit and the Building Inspector's Sep- tember 23, 2010, amended October 13. 2(}10 Notice of Disapproval, concerning proposed accessory garage at 1) less than the code required h-ont yard setback of 35 feet both front yards, 2) less than the code required side yard setback of 20 feet, 3) square footage of more than the code requirmt 660 s~ fr. LocaBon: 41}5 J~ ~ - Request for V~ancc ~om Article III, ~de Section ~15, basod on an application for buliding peTmit and 2010, amended October 20, 2010 Notice of Disapproval, co~g p~opo~d requirad side yard setbac~ of 10 feet, 2) ]~ation other than the code required rear yar~. Lo~fion: 1410 Great P~ouic Bay Blvd. Lanrel~ ~. S~M~I~-145- ~e Board of Ap~als will hear a0 ~rsons or their representatives, desir- ~o~ ~e conclusion of each hea~ng. des~ated a~ve, ~s ~e available for ~v~ ~r~g rc~ar bus.ess ho~ ~d p~or to the ~y of office at (~) 7654~, or by ~ma~: ZO~G BO~ OF ~PE~[ PER~N ~75 ~n R~ (O~n)~ 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 2, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 2~ 2010: 9:30 AM - MICHAEL J. and KATHLEEN M. HANNAFIN #6427 - Request for Variance from Code Sections 280-124, based on an application for building permit and the Building Inspector's September 20, 20t0 Notice of Disapproval, concerning proposed additions and alterations to existing single-family dwelling, at 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. Location; 280 Munn Lane Orient, NY SCTM#1000-17-4-2. 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 prior to the day of the hearing. If you have questions, please contact our office at (63t) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: October 29, 20t0 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOTJTHOLD: NEW YORK In the Matter of the Application of NOV 1 8 ZOlO I~ARD OF APPEAL8 (Name of Applicants) # ooo. /? COUNTY OF SUFFOLK) STATE OF NEW YORK) , t~cw torK, Oelng ~hlly sworn, depose and say that~ -- REQUESTED, a tr~e e., y u'IJ~D IVLML, RETURN RECEIPT copy of the attached Legal NotiCe in prepaid envelopes addressed to current o.w/aers shown on the current assessment roll verified from the official with th?/{~, .Asse. ssors, or ( ) County Real Property OffiCe ' recor? on file propcrt~ wluch abuts and is across a nublic ~.r ...~..~.~ _~-2 X' -. ~ _ __, tot every · . r- '~ lJ~tY ~c ~txeC or Vellicu ' surrounding the apphdalt's property ~ g tar right-of-way ofrecor{ Sworn to before me th/s day of /V o~/ ,20~O %j. VICKI TOTH ' *' Nota~7 Public, State of New York - ~/'~ ~ ~ NO. 01T06190696 (Notary Public) Qualified in Suffolk County Commission Expires July 28, PLEASE list, on the back of this Affidavit or on a sheet Of paper the lot nmnbers next to the .owner names and addresses for which notices were maiM. Thank yoq. 1:3 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.6! 09/1 $2,80 7'/ ss.71 li/[8/2oi~ ~ $0.44 ¢O Postage $ CerUfied Fee Return Receipt Fee (Endorsement Required) r-1 Restricted Delivery Fee (Endorsement Required) $ 11/1~/2~10 USE Ced[fled Fee [:3 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [~ (Endorsement Required) nj Total Postage & Fees C3 $0.44 $2.80' $2.~ $ $5.~ m Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (EndorSement Required) ru ¢O Total Postage & Fees $0.61 $2.30 ~,~ Ret. $5.71 $2.80 $2.30 $0.00 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee r-1 (Endorsement Required) ru ¢O Total Postage & Fees · Coml:~ Items 1, 2, and 3. Also complete Item 4 If Re~ Delivery la desired. · Pflnt your name and address on the reverse so that we can tatum the card to you. or on tile front if spa~e pennRs. 2. A~z:le Numbe~ If ~s, enter dalk.~y address balow: 3.., Se~wice Typ Type i.~l~Ce~fbd Mall [] Expreea Mall / [] Regleta~ [] RMum Rec~pt for Memhandlse [] insured Ma, [] C.O.D. 4. maee~,~ed Oeave'~ ~.x~ra Fee) []Ye~ PS Form 3811, Febmmy 2004 7009 0820 0001 7818 0234 I Oallpla) Ilem. 1, 2, aid 3./~K) (~x11plete · Print your name aad addmas on the reverae · Aff~ tilts (~::1 to the 13aok of tile mallplece, ? I~ YES, erm~ de~wy ade/~s balow: ~,3u~ ~Maa [] eqxeea Man ri RMum Re(~pt for ~lse [] Inmled Meal [] C.O.D. 4. FM~tW=ted DMIVe~ {~,a Fee) 2, ~tl~e Numb~ 7009 0820 0001 7818 0241 Domestic R~um Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restrfcted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space pe~rnits. 6, 2. Article Number (Transfer from sen/ice label) PS Form 3811, February 2004 by ( Pr~ Name) O. Oetl ~ ~ [] Express Mea [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Resbicted Daiivery? (F-xffa Fee) [] Yes 7009 0820 0001 7818 0227 Domestic Return Receipt · ~... _Items 1, 2, and 3..Nco complete ·em 4 I/I~eetrlctad Delivery la desired. · Pflet your name and addr~s on the revise so that we can return the card to you. I ~ th~ I ~ the back of the mallpisco, D. Is dailve~Y eddmes different from item 17 If YES, s~tef dellvePj addmes below: [] NO 3811, February 2004 [] Express bl~l [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Resatcted Dailve~ (Extna Fee) []Ye~ 7009 0820 0001 7818 0265 Domeeflc Re~um Recaipt · ~ it~ 1,2, and 3. Also complete A. Signature · ~ 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, Received b, or on the front If space permits. 2. ~tlcle Number PS Form 3811, February 2004 [] ~dressee '[] Yes r'l No [] Express Mall [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7009 0820 0001 7818 0289 Domestic Return Receipt l~595-fl~-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Ms:tter of the Application of (Name of Applicants) leo AFFIDAVIT OF SiON POSTING Regarding Posting of Sign upon Applicant's Land talent/fled as COUHTY OF SUFFOLK) STATE OF NEW YORK) 0~[~o [,:t , New York, being duly sworn, d~pose'and say that: On the ~ 7-3 day of }x~t~t ~(~ 201 0, I personally placed the Town's official Poster, with the date of heating and nature of'my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for~L~even d~ys prior to t~a//t date of thesubjeethearingdate, whichhearingdatewasshowntobe ~ ~/gE/A1A [~e4 5 , Sworn to before me this day of ~.~'~_~ ,20~ 0 (Notary Public) VICKI TO'fH Notary Public, State of New York No 01T06190696 Qual f ed in Suffolk County / ~t.-. Commission Expires Ju y 28, *near the entrance or dfiv6way entrance of my property, as the area most visible to passersby. NOTIC OF HEARING ,I The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM E HAN NAFI N, M. & K. #6427 MAP # 17-4-2 VARIANCE SETBACKS REQUEST Additions/Alterations DATE: THURS, DEC. 2, 2010 9:30 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 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 November 1, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 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 November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 22 nd: 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 November 24th: 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 exb'a sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before November 30, 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 6, 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 XlV of the Suffolk County Administrative Code: ZBA File #6427 Action Requested: Within 500 feet of: Owner/Applicant: Hannafln Setbacks (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 January 21,2011 Nancy Dwyer P.O. Box 632 Southold, NY 11971 Re: ZBA File#6427 - Hannafln Dear Ms. Dwyer: Transmitted for your records is a copy of the Board's January 19, 2011 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[y.~.,~ ~/' Vicki Toth Encl. Cc: Building Dept. jt mOr~r/~: P.~. TLl~hill RECEIVED OCT 6 20}0 BOARD OF APPEALS SURVEY OF PROPER'T'Y' SITUATE. ORIENT TOI~I',I.- 5C:K;THOLO 51)FFOLK C,C~N'I'h', I',1'( SU~VE'I'EI~ Si=PT. 25, 2OC~1 f~VISEO OCT. 6, 2010 SUFFOLK. COUNT~ TAX # IOOO- 1'/-4-2 gb_ Sso,,© Former-i~: p.j. 58~ °O~ 'OO"~ ~4.11' Sb°r!/ Fr'ame , Hous~ ®or'ocje Under. 55.6' N $ C~.I'JL/FJLE~ ~: C05~ZABTY OF NEW ~q~LLS FARC~ BAULK, N.A. NOTES: · HONUHENT FOUND' AREA = 11,120 ~,.F. OR 0.255'D RIGHT OF !AJAY t;~ECORD' Ok'~INERf~'tlP A5 "PRIVA~ ROAP JOINT OH~R~IP" GP-.APHIC SCALE 0 20 40 RECEIVED BOARD OF AppEALS JOHN C. EHI~ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 (20 REF.-C:~Documents and Settings\OwnerWIy DocumentsWly Dropbox\09\09\09-153 prop addit.pro '® NOTICE