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Home My WebLink About6439 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 · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Sonthold, NY 11971 R C IV D 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2011 ZBA FILE: 6439 NAME OF APPLICANT: David S. and Elizabeth Branch SCTM 1000-98-4-23 PROPERTY LOCATION: 5160 Indian Neck Lane, (adj. to Hog Neck Bay) Peconic, 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 December 29, 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 review 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 January 5, 2011. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a long, narrow 4.278 acre waterfront parcel in the R-40 District. The northerly lot line measures 73.63 feet along Indian Neck Lane. The easterly lot line measures 1,953.81 feet from Indian Neck Lane south to the water of Hog Neck Bay. The southerly lot line measures 99.64 feet along Hog Neck Bay. The westerly lot line measures 2,017.78 feet from Hog Neck Bay north to Indian Neck Lane. The property is improved with a single family dwelling, a "frame cottage" accessory building, a detached garage, and a tennis court, as shown on the site survey drawn by Nathan Taft Corwin III, Land Surveyor, and dated Feb. 15, 2006, last revised July 20, 2010. BASIS OF APPLICATION: Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct an addition at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yards of 35 feet. RELIEF REQUESTED: The applicant proposes to construct a +/- 100 sq. ft. addition to an existing, and newly re- constructed porch. The section of the porch that is the subject to variance relief previously existed on this dwelling. The building was originally built in 1904, with a porch, but the porch was torn down for reasons of structural safety in 2010, and then mostly re-built under a valid building permit issued by the Building Dept. A variance will allow the Applicant to complete the re-construction of a new porch on the southwest comer of the building, where it had Page 2 - January 19, 201 ! ZBA File#6439 - Branch CTM: 1000-98-4-23 previously existed. The applicant's agent submitted photographic documentation showing the existence of the porch in the early nineteen hundreds. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6, 2011, 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 variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicant has provided evidence that a porch had existed in the same location, with the same side yard setback as the new porch section that is the subject of this variance. Therefore, replacement of this porch will not change the neighborhood or be a detriment to adjacent properties 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The original building with a porch was constructed with the presently existing setbacks on the lot in 1904 prior to any Town Zoning Code. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial because the +/- 100 sq. ft. additional porch space is not significant in respect to the rest of the entire structure, which is also situated with both a non- conforming single side yard setback, and also non-conforming combined side yard setbacks. 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 drainage from the porch roof will be contained on site per code. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is due to the location of the pre- existing building, which was constructed prior to the enactment of the current Town Zoning Code.. 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 reconstructed front porch, 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 Schneider, and duly carried, to GRANT~ the variance as applied for, and shown on the survey drawn by Nathan Taft Corwin III, Land Surveyor, and dated Feb. 15, 2006, last revised July 20, 2010. And on the plans dated November 1, 2010 prepared by Tour de Force Designs, LLC, labeled as pages ST-1.1, A-1.1, A-4.1 and A-5.1. 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 - Januaw 19, 201 I ZBA File#6439 - Branch CTM: 1000-984-23 Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider. (Absent was: Member Goehringer) This Resolution was duly ad%p~ed (3-0). / ~;S~ir;vKe~ln;o; fiS~/C~/2~ EXISTING '-'/' ~' _ FRAME HOUSE _~ CONC, STEPS AlE CONDITIONER ~ WALL !1 L~n8 of Porch Above co.¢~¢~¢ ro.,a~, FINAL MAP RECEIVED R EVIEWED BY ZBA NOV 1 5 SEE DECISION ¢ D~TED I I [~l ,,t BOARD OFAPPEA~ AII. I Ld ~ WED BY ZBAI ~ECE BE CusM~¢p TO ZSA SE ~ NOV 1 ~Olu [ ~Ec~s~o~ ~ ~ / · D~n ~ / t~ , ~ ~ ,,,I · , ~~ARD OF APPEALS / NOTES: 1. ELEVATIONS EXISTING EXISTING ARE REFERENCED TO N.G.V.D. 1929 DATUM ELEVATIONS ARE SHOWN THUS:~ CONTOUR LINES ARE SHOWN THUS: ........... 5 .......... 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP $, MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS $00 sq ft 2 POOLS; 6' DEEP, 8' dia, PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S,C,D,H.S, STANDARDS, 6. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 4. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. ;56105C0164 G ZONE AE: BASE FLOOD ELEVATIONS BETERbtINED ZONE X, AREAS DETEBbILNED TO BE OUTSIDE 500-YEAR FLOODPLAIN. IS 1,000 GALLONS. SIDEWALL AREA. TEST HOLE .DATA SURVEY OF PROPERTY SITUATED AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-98-04-25 SCALE 1"=60' FEBRUARY 15, 2006 MARCH 20, 2006 ADDED WELL & CESSPOOL LOCATIONS SEPTEMBER lB, 2007 ADDED PROPOSED ADDITIONS MARCH 18, 2008 REVISED PROPOSED ADDITIONS APRIL 15, 2008 REVISED PROPOSED ADDITIONS MAY 5, 2010 REVISED )ROPOSED ADDITIONS JUNE 2, 2010 REVISED SITE PLAN JULY 20, 2010 REVISED PROPOSED SEPTIC SYSTEM AREA = 186,556,04 sq. fl, (TO TIE LINE) 4,278 ac. PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) ELD/ ~ SEPTIC TANK (13 DETAIL SCALE 1"=20' N.Y.S, Dc No, 504-67 Nathan Taft Corw n III Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. ZONE SEE SCALE 1"=20' RECEIVED I~0V ~ ~0~0 BOARD OF APPEALS JFINAL MAP REVIEWED BY ZBA SEE DECISION # ~? DATED / I,/,,~ I~/_ DEPARTMENT OF PLANNING S C PLAH[NG DEPT COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE PAGE THOMAS A. ISLES, AJ.C.P DIRECTOR OF PLANNING 83 Town of Sou(hold ZBA PO Box 1179 Southold, NY 11971 A~t: Leslie K. Weisman Chairman Dear Ms. Weisman: December 29, 2010 JAN O 4 ZOl! BOARD OF APPEALS Pursuant to the requirements of Sections A14-14 thru A14-25 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 trapaet. A dec/sion of local determination should not be construed as either an approval or disapprova Aoolicants Munld.nal File Nuraber~ Gaffga #6438 Branch #6439 Friedmaa #6440 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 61 OD HAUPPAUGE, NY 11788-0099 (63'~) 853-8191 TELECOPIER (631) To: From: Date Re: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM JAN 5 1011 Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS January 5,2011 Coastal Consistency Review for ZBA File Ref. DAVID $. and ELIZABETH BRANCH #6439 SCTM# 1000--98-4-23 Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct an addition at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yards of 35 feet, at: 5160 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SCTM#1000-98-4-23 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 determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The variance requested will not affect a regulated natural feature and the parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney to~ FORM NO. 3 NOTICE OF DISAPPROVAL Deborah Doty for D & E Branch P O Box 118i Cutchogue, NY 11935 DATE: October 13, 2010 NOV 1 5 ZOIO BOARD OF AP~.AL~ Please take notice that your application dated October 5, 2010 For construction of an addition to an existing dwelling at Location of property 5160 Indian Neck La., Peconic, NY County Tax Map No. 1000 - Section 98 Block 4 Lot 23 Is returned herewith and disapproved on the following grounds: The addition on this conforming 4.278 acre lot, is not permitted pursuant to Article XXIII Section 280-t 8which states~ "No building or premises shall be used & no building or part thereof shall be erected or altered in the Low Density R District unless the same conforms to the requirements of the Bulk Schedule ...with the same force & effect as if such regulations were set forth herein in full". The side yard setbacks for a conforming lot in the R40 district are 15' & 35' combined. The site plan indicates side yard setbacks of 10.9' & 26.8' combined. ~Authorized Signature FEE $ ~ FILED BY: ASSIGNMENT NO.O.~ t~i_t_i._i V p.[.)j~(k-..~ ~ ....... [ N0¥ 1 52010 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ House No. 5160 Street Indian NeckLane Hamlet Peconic BOARD OF APPEALS SCTM 1000Section 98 Block 4 Lot(s) 23 Lot Size 186,356+ sf Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/13/2010 BASED ON SURVEY/SITE PLAN DATED 10/10/2010. Applicant(s)/Owner(s): David S. Branch & Elizabeth Branch Mailing Address: 681 Weed Street, New Canaan, CT 06840 Telephone No.: 203~996-9782 FAX/E-mail NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Deborah Doty, Esq., as attorney for Owner Address: 670 West Creek Avenue, PO Box 1181, Cutchogue, NY 11935 Telephone No.: 631-734-6648 FAX/E-mail: 631-734-7702 Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner, · Authorized Representative, [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 10/5/2010 FOR: Building Permit Certificate of Occupancy [] Change of Use Permit for As-Built Construction Other Pre-Certificate of Occupancy Provisionofthe Zoning Ordinance Appealed. (Indicate Article, Section, SubsectionofZoning Ordinance by numbers. Do not quote the Code.) Article: XXIII Section: 280-18 Subsection: none Type of Appeal. An Appeal is made for: · A Variance to the Zoning Code or Zoning Map [] A Variance due to lack of access required by New York Town Law - Section 280-A. [] Interpretation of Town Code, Article __ Section [] Reversal or Other A prior appeal ( ) has, ( X ) has not been made at any time with respect to this prop,erty, UNDER Appeal No(s). __ Year(s). . (Please be sure to research before completing this question or call our office for assistance) ADDITIONS TO ZBA FORM APPEAR IN BOLD TYPE; DELETIONS ARE INDICATED BY Name of Owner: David S. Branch & Elizabeth Branch - Page 2 BACKGROUND: ZBA FiLe #: ~ t~ ~ RECEIVED ~OV 1 5 This 4.2+ acre property is located on Indian Neck Lane in Peconic. The applicants purchased the property in 1972. BOARD OF APPEALS The subject waterfront house was built in its present location in 1904_+. No zoning setbacks existed at the time of construction. There was a porch the full length of the waterside of the house. That porch extended to the southwestern corner of the house permitting exit from and entrance to the family room. The southwest corner of the original porch was approximately 10.9' from the westerly property line. See 1972 Pre- C/O attached & photographs attached. Many years ago, the roof over the waterside porch became dilapidated. Because they were then not ready to renovate the house, the applicants removed the roof for safety reasons. The applicants now are renovating the house. Among other things, an expansion to the east side of the house accommodates a first floor master bedroom suite so that the applicants may use the house in their retirement. That expansion to the east meets the Town single yard setback requirement and construction is proceeding. See 9/3/2010 Building Permit attached. The applicants also seek to reconstruct the 100 sf section of the porch (which existed for more than 100 years) and roof on the southwest corner of the house. The porch will provide access to and from the new dining room. The 100 sf section of the porch creates side yard setback issues: (1) the proposed westerly single side yard is 10.9' rather than Code required 15' and (2) the proposed combined side yard is 26.8' rather than the Code required 35'. REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (a) Applicants seek to restore and upgrade the appearance and configuration of the southwestern side of the 106-year-old structure while expanding to the east in order to provide a first floor master suite for use during applicants' retirement. (b) The premises is a long narrow wooded parcel. It is exceedingly private. (c) To the east of the premises is the subdivision known as "Map of Peconic Bay Oaks" on Robinson Lane with an average lot size of 20,000_+ sf. Two of the three waterfront lots at the waterside of Robinson Lane exceed 1 acre. All of the waterfront parcels are developed. (d) Immediately adjacent to the west are a .918 acre interior parcel (#22.2) and a 2.67 acre waterfront parcel (#22.1). The interior parcel was split off from the larger parcel in 1974 as a result of the issuance of a variance permitting the lot to contain insufficient area; and there is a house on that lot. The house on waterfront lot Name of Owner: David S. Branch & Elizabeth Branch - Page 3 //22.1 is of the same vintage as the Brauch home. The house is located close to its western property line and at some distance from the common boundary with the Branch property. (e) No change in the character of the "neighborhood" will be produced by reconstruction of a 100 sf section of the porch which existed for more than 100 years. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (a) The subject parcel is long and narrow. The length exceeds 1,900 feet. The width at the road is 73+ feet and at the water 99+ feet. (b) The house was sited in its current location in 1904+. Zoning was overlaid on the premises more than 50 years later. (3) The amount of relief requested is not substantial because: (a) The requested variances will permit the restoration of the pre-existing porch, roof, and waterside design of the southwestern elevation of the home. (b) The applicants removed the pre-existing roof because it had become unsafe. The porch was removed in 2010. The owners now seek to restore the porch and roof to the southwestern elevation of the house. (c) Given the 186,356.04 sf size of the property, the shape of the parcel, the pre- existing location of the house and porch, the requested 10.9~ single side yard setback and 26.8' combined side yard setback variances are not substantial. (d) A minimal increase in lot coverage will result from the 100 sf addition. To wit - from 2.17% to 2.22% lot coverage in a zone where up to 20% lot coverage is permitted. (4) The variance will NOT have an adverse effect or impact on the physical or enviromnental conditions in the neighborhood or district because (a) The house is more than 100 years old and has remained on the property without having an adverse effect on physical or environmental conditions. (b) The reconstruction a 100 sf porch and roof that existed for decades will not result in any adverse impact on the physical or environmental conditions in the neighborhood. (c) (5) Are there Covenants and Restrictions concerning this land? ( The Southold Trustees and the NYS DEC have approved the construction o~A'(i;EIVED the easterly expansion and the replication of the southwesterly porch. Has the alleged difficulty been self-created? ( ) Yes. ( X ) No. BOARD OF APPEALS ) Yes. ( X ) No Name of Owner: David S. Branch & Elizabeth Branch - Page 4 ZBA File #: ~ C~ This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ure of Appellan~d Agent (Agent must submit Authorization from Owner) Sworn to before me this ; t r~- day of November, 2010 ~tJDY L. OKEEFE Notar~ Public, Stat~ of New York No. 01OK4900952 - Nsssau Coun~ Commission Expires July 13, 20/ BOARD OF APPEALS Applicant: APPLICANT'S PROJECT DESCRIPTIO~I~ (For ZBA Reference) David S. Branch & Elizabeth Branch Date Prepared: 11/12/2010 I. For Demolition of Existing Building Areas Please describe areas beingremoved: None (roof previously demolished for safety reasons, porch removed in connection with current construction on rest of dwelling) II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 100 sf porch w/ roof Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height (from finished ground to top ofridge): 13' 0"+ porch roof 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 III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORi2 Alterations: 2 ½ story Dutch colonial with porch along waterside of dwelling; with detached garage and accessory building (dwelling) Number of Floors and Changes WITH Alterations: no change e~rcep~ replacement of section porch recently removed and roof previously removed for safety reasons IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: /4,037.05 Proposed increase of building coverage: 100.00 sf Square footage of your lot: 186,356.04 Percentage of coverage of your lot by building area: existing = 2.17%1 proposed = 2.22% V. Purpose of New Construction: Restore original SW elevation with r~construction of porch and roof VI. Please describethelandcontours(flat, siope%,heavily wooded, marsh area, etc.)on yourland and how itrelatestothedifficultvin meetingthecodereouirement(s/: waterfront gently sloping lo~ with dwelling, de~ached garage and accessory building (dwelling) ail at elevation ot 11+ teet 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 RECEIVE~:~ NOV 1 BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes _ x No Are there any proposals to change or alter land contours? ~c No Yes, please explain on attached sheet. BOARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses?_ yes 2.) Are those areas shown on the survey submitted with this application? yes _ 3.) Is the property bulk headed between the wetlands area and the upland building area? no 4.) If your property contains wetlands or pond areas, have you contacted the Office ot the Town trustees for its determination of jurisdiction? Please confmn status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Trustees' permit attached to application Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? see survey Are them any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? ye~ _If yes, 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 are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel _wsfd w/ detached g,arage & accessory bldg (dwellin~t the proposed use same · (ex: existing single l~mily, proposed: same with garage, pool or other) Authorized signature and Date /. , / / / / / / [~ranch ResIdence 15GO Indian Neck Lane ~ Pecon~c, New York Il ¢J52~ -~ Propo~d ~ Plan Tour dc Force Deslgns, Lt~ 40 Laurel Hill Brook.~cld, C'T 06804 (21)3) ~5-233~ F~x (203) ~75-2~39 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. n orthforlanet/Southold/ Examined_ _, 20 Approved .q ,.. 20 Expiration ,20_ PERMIT NO. __ BUILDING PERi'IT APPLICATION CHECKLIST Do you have or need the followh~g, before applying? Board of Health_ 4 sets of Building Plans_ planning Board approval__ Survey__ Check Septic Form__ Tmstees_ Contact: Deborah Doty, Eaq Mail to: PO Box llS1,_Gutchogn_~e, NY 11935 Phone :. Building Inspector APPLICATION FOR BUILDING PERMIT Date 10/05/2010 ~ 20__ INSTRUCTIONS a. This apphcat/on MUST be completely filled m by typewriter or i~ h~k m~d submitted to fl~e Builclh~g Inspector wifl~ 3 se s o£ plans, accurate plot plan to scale. Fee accordiug to schedule. b. Plot plan showing location of lot and o£ buildings ou premises, relationship to adjoh~ing premises or peblic streets or areas~ alld waterways. c~ The ~vork covered by fids application may not be commenced before issumme of Buildfl~g Pemfit. d. Upou approval of hi'is application fl~e Btlildhlg Inspector will issne a Buildh~g Permit to the applicant Such a permit shall be kept on the premises available for hmpection throughout the work. e. No btfilding shall be occupied or used fl~ whole or m part fro' m~y pttrpose what so ever until the Buildhlg Inspector issnes a Certificate of Occupm~cy. f. Every building permit shall expire if tim work aafllorized has not commenced witlfin 12 months alter/lie date of issuance or has uot been completed wiflfin 18 monfl~s from such date. If no zoning amendments or oflmr regulations affecting die properly_ have beeu enacted in tim h~terfln tim Bnild/ng Inspector may authorize, in writiug, tim extensiou of the permit for an addition six monflls. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to fl~e Building Department For fl~e issumme of a Building Permit pursnant to the Boilding Zooe Ordinance of the Town of Soutbold, Suffolk Comity, New York, mid other applicable Laws, Ordinances or Regulatioos, for the cousm~cfion ofbnildings, additions, or alterations or for removal or demolition as bereh~ described. The applicant agrees to comply wifll all applicable laws, ordinmmes, ~uildh~.g code, houshlg code, and regulations, and to achnit authorized inspectors ou prenfises mid in bnildh~g for necessary mspecnons. ~mture o~p~'~an~-~r name, ir ~ ~orporation) see above (Mailbag address of applicant) State whether applicant is owner, lessee, ageut, architect, engineer, geueral contractor electrician, plumber or builder attorney 'qame of owner of premises David S. Branch & Elizabeth Branch (As on the tax roll or latest deed f applicant is a coipm'ation, signature of duly authorized officer (Name ~d title of corporate officer) 3uilders License No. umbers License No. ;,lectncians License No. )thor Trade's License No. Location of land on which proposed work will be done: 5160 Indian Neck Lane, Peconic, NY House Number Street Coturty Tm,: Map No. I000 Section Subdivision (Name) Hamlet 98 Block 4 Lot 23 Filed Map No. Lot ~J~OY ~ qO -~ IA't~ - OlJ8~ YBAI'Og 2 State existing use and occupancy of premises and intended use and occupmeof pr°p0sed construction: a l i¢in nco occupancy residential residential b. h~tanded use and occnpancy. · 'on Alteration , ~' Other Work reDU3-J-u 3 Naure of work (check which applicable): Mew Building _~Addit~. ~ck previ0us~° d Repair ___~Rem°val-----~D em°liti°n~- (Description) Fee 4. Estimated Cost_ (To be paid on filing this application) 5 If dwelling, number of dwelling units-----~Nttmber of dwelling units on each floor__ If garage, number of cars _ 6. If busmess, commercial or mixed occupancy, specify nature mid extent of each type of rise. Rear .Depth _ 7 Dimensions of existing structures, if any: Front__ Humber of Stodes_ Height_ Rear Dimensions of same structure with alterations or additions: Front _ Height_ Number of Stories__ Depth_ .~Rem_~ -- _Depth 8 Dimensions of entire new construction: Front Number of Stories He ght. 4.3 acres Rear. _Depth _ 9 Size of lot: Front_ Name of Former Owner_ Brink __-- 10. Date of purchase__19?2---------- 11 Zone or use district in which premises are situated, r40 12. Does proposed construction violate any zoning law, ordinance or regulation? yl~__NO_ 13 Will lot be re-graded? YES~ NO___Will excess fill be removed from pren. d!e~7 Y.~S~ NO Phone No. _ 14. Names of Ox,ruer of premises-- Address__ -- -- Address__ __ Phone No.__ Name of Architect _ Address Phone No. _ Name of Contractor_ 15 a. Is this property witlnn 100 feet of a tidal wetland or a freshwater wetland? *YES_ _NO * IF YES, sOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES~ NO~ . - , C PERMITS MAY BE REQUIRED. 11; YES, D.E.. 16. Provide survey, to scale, with aceurate foundation plan and distances to property lines. 17. If elevation at any point on property is a 10 feet or below, must provide topographical data on sttrvey. STATE OF NEW YOR/~) SS: COUNTY OF Suf~~ Deborah Doty beaig duly sworn, deposes mid says that (s)he is fl~e applicant (Nmne of mdividual signflig contrac0 above nmued, (S)He is tbe ~ (Contractor, Agent. Corporate Officer, etc.) of said owner or owners, and is daly authorized to perform or have performed the said work and to make and file tiffs application; statements contained iii this applicaian are m~e to the best of his tmowledge mid belief; mid that the work will be that all Hie mmmer set forth in flxe application filed fl~erewith. performed ill Sworn tgJ>efore me this her 20 020 ~ ~ NOTARY PUBLIC - ~I'ATE OF ~ YORK NO. 01HY618969~ QUALIFIED IN SUFFOLK COUNTY/,~ COMMISSION EXPIRES 06/30/20_.~ APPLICANT T1LANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid ~ame. YOURNAME: David S. Branch & Elizabeth Branch (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Special Exception Other Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other RECEIVED NOV 1 52010 BOARD OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO Complete the balance of th/s form and date and sign below where indicated. Name of person employed by the Town of Southold: Tire or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, ur 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 Sight.e: PrintName:~vid ~.~ Branch & El±zabeth Branch APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Th Town of Southold s Code of Eth cs l~rohlbltS conflicts ofm crest on the part of town officers and emolovees. The oumose of this form is to urovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Deborah Dory, attorney for David S. Branch & Elizabeth Branch (Last name, first name, middle initial, unless you are applying in the nman of someone else or other entity, such as a company. If so, inthcate the other person's or company's name.) ~ NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance x Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (] f "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 Tow~ of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interesW means a business, including a partnership, in which the town officer or employee has even a partial ownership o£ (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x l£you answered "YES'!, complete the balance of this form and date and sign where indicated. Name o£person employed by the Town of Southold Title or position of that person BOg, RD OF b, ppEg, Describe the relationship between yoursalf (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 other spouse, sibling, parent, dr child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the appticant (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 applicani; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Signed x-St~ this t~ day of November z~t0~ 2010 Sign~C"~r..~.~_ ~ PrintName Deborah Doty,~sq. Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Tiffs 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 tiffs form should review the exempt minor action list, policies and explanations of each po[icy 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 Southotd 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 det~zaination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent w/th the LWRP po[icy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local hbraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 98 4 -23 The Application has been submitted to (check appropriate response): TownBoard [] Planning Board [--] Building Dept. _~ BoardofTrustees [-~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Extension of porch and roof at southwest corner of waterside of house Location of action: 5160 Indian Neck Lane, Peconic, NY 4.2+ Site acreage: Present land use: Residential Present zonh~g classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following reformation shall be provided: (a) Nameofapplicant: David S. Branch & Elizabeth Branch (b) Mailing address: 681 Weed Street, New Canaan, CT 06840 (c) Telephone manber: Area Code ( ) 203-996-9782 (d) Application number, if any:. Will the action be directly m~dertaken, require funding, or approval by a state or federal ag~cy? Yes ~ No [] If yes, which state or federal agency?_ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [] No [-~ Not Applicable Proposed porch and roof extension is locted above 10' elevation. It will be no closer to wetlands than privious and currently permitted porch and roof on rest of waterside of house. Extension also replicates porch and roof originally built in 1904m 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 Attac~ additiona] sheets if necessar? Policy 3. Enhance visual quality and protect scenic resources throughout the Towo of $outhold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes ~ No [] Not Applicable Small extension will nog have any impact on scenic vista 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 ~-~ Not AppJicable Gutters and drywells w~ll contain roof runoff Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section [II - Policies Pages 16 through 21 for evaluation criteria Ye~ ~ No ~mot Applicable 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 At~ach 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. ~-~ Yes ~ No [] Not Applicable Extens±on will have no impact on adr quality 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 No emissions 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 IH - Policies; Pages 38 through 46 for evaluation criteria. Yes ~] No [] Not Applicable Project is an extension to a private residence 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 Attach additional sheets if necessary Policy 11. Promote sustainable use of riving 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Santhold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. 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. Created on 5/25/05 11,'20 AM DEBORAH DOTY ATTORNEY AT LAW 670 WEST CP. EEK AVENUE P.O. Box 1181 CUTCHOGUE. NY 11935-0876 Fax 631-734-7702 631-734-6648 RECEIVED4 BOARD OF ,kr ~-::ALS BY HAND November 15, 2010 Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 RE: David S. Branch & Elizabeth Branch 5160 Indian Neck Lane, Peconic, NY (SCTM # 1000-98-4-23) Application for Variances to Town Code - Side Yard Setbacks Dear Members of the Board: I represent David S. Branch & Elizabeth Branch who have owned the above-referenced parcel since 1972. Enclosed please find an original and eight copies of the following: (a) Notice of Disapproval from the Southold Building Department together with a copy of the building permit application; (b) Application for Variances; (c) owners' consent; (d) survey last revised July 20, 2010; (e) building plans for 100 sf porch attachment and roof; (f) Project Description Form and photographs of site; (g) the Questionnaire; (h) Transactional Disclosure Forms; (i) Town Property Card; 0) the LWRP form; and (k) copies of the pre-C/O, historical photographs of site, and 9/3/2010 Building Permit. Also enclosed is check payable to the Southold Town Clerk in the amount of $600 for the filing fee. Respectfully submitted, Deborah Dory cc: David S. Branch & Elizabeth Branch Encls. DD:bdr DAVID S. BRANCH & ELIZABETH BRANCH 681 Weed Street, New Canaan, CT 06840 RECEIVED BOARD OF APPEALS October, 2010 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogne, NY 11935 RE: 5160 Indian Neck Lane, Peconic, NY (SCTM # 1000-98-4-23) Dear Deborah: We,the owners of the above-referenced premises, hereby authorize you to act as agent, secure information, sign all applications to the Town of Southold and/or other governmental authorities in connection with building permits, certificates of occupancy and/or variances with respect to our property. I~AVID S. BRANCH ELIZ/~ETH BRAIqCH David S. Branch & Elizabeth Branch 5160 Indian Neck Lane, Peconic SCTM # 1000-98-4-23 PHOTOS OF SW CORNER OF DWELLING BOACD OF A?PEAL.S David S. Branch & Elizabeth Branch 5160 Indian Neck Lane, Peconic SCTM// 1000-98-4-23 Photo above taken in 1972_+ Photos at upper left and left pre-date 1957 BOARD OF AppEALS FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. NOV ! BOARD OF APPEALS BDTI/3ING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35824 Z Date SEPTEMBER 3, 2010 Permission is hereby granted to: DAVID & ELIZABETH BRANCH 166 NEW NORWALK RD NEW CANAAN, CT 06840 for : ALTERATIONS AND ADDITIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR & PER TRUSTEES PERMIT. at premises located at 5160 INDIAN NECK LA County Tax Map No. 473889 Section 098 Block pursuant to application dated AUGUST 13, 2010 Building Inspector to expire on MARCH 3, PECONIC 0004 Lot No. 023 and approved by the 2012. Fee $ 610.00 ~ed Signature Rev. 5/8/02 ORIGINAL FOI~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. RECEIVED NOV 1 5 2010 BOARD OF APPEALS Certificate Of Occupancy No..Z.~+~91 ..... Date ............. ~lag ....3! .. , 19. ~2. THIS CERTIFIES that the building located at . ~. Iaatan .~ee[ .~.. . Street Map No. ~ .. ~ ...... Block No..~ ....... Lot No.. ~... ~eeo~e,. ~.,~, .......... ~' ~e~re~or ~~ 4well~g & ~g c~e conforms substantially' to the . C~r~te .otoeeupanW ~ p[i,r. ~eApr$1 23..., 10. ~7' pursuant to which ~No. [~291. da~ed ....... A. ug.. 31 ........ , 19. ~, ~as ~ssued, and con~o~s to all o( the require. merits o~ ~he applicable p~ovisions o~ the law. The occupancy ~o~ which ~his ce~i~iea~e is issued is .. ~ri~e. omc. fam$1y. 6~e]21~g .................................... The certificate ~s issued to .. DAlai6. ~..~}or. ic~. T ~.1~ ....... ~.~$ .............. (owne~, lessee o~ tenant) o~ ~he a~oresaid bui}ding. Suffolk County Department o~ Health App~owl .pr~exis~.t~g ................. UNDERWRITERS CERTIFICATE No ..... pre,..exis.~g ............................. HOUS~ NUMB~R..~!60 ....... S~rce~... I~i~ ~eck L~e.. ~eco~o .............. se. reverse side. "' ':"~'~ BuHdin~ I nsp~qor Exception to hous~Code! Laundry room & exitwayt restricted clearance by waSher.dryer Xltchenl no shutoff at gas stove Living rooml no switch at point of entry from exterior space heater in LoR,floor insufficient for winter occupancy upsta~rs~ 21 ~29b Bathroom floor not moistureproof 303d ~2' ~, Bedrooml S/~. light fixture out of order ~29a & 6. General~ Po~ch E/8 bottom step loose S/~. two steps rotten ~ pitches excessivly loose 6020 ~ouse on ~ posts . no foundation or skirt no light or switb~ 21~c cellar (utl~ities~· 302a " cellar enterance door rotted off 301& ?, Detached garage~ broken window glass 603b Accessory building-(Dwelling 'unit) . Gas Itove, no fuls shutoff valve ~08b Living room- loose light fixture 528a, b. Bathrooms loose u'irein~ exposed - no fixture ~28a Bedroom~ unsecured fixture d~g~ling from elec cord ~28a HOUSING CODE INSPECTION August 30, 1972 5160 Indian Neck Lane Peconic, New York Tax Roil: David U. Brink and wife Occupancy: summer tenant Upon request of the Southold Town Building Department I made inspection of this one and one half story framed dwelling and found the following violations of Local Law 91, Housing Code, Town of Southold. I was accompanied by Mr. James Knowles of the Abatelli Real Estate Agency, Cutchogue, N.Y. and we were admitted to the front entrance on the north east end of building - this enters into a small room being used as a laundry room. Inspection started here at approximately 9:30 A.M. Laundry Room - Contains washer and dryer (space- mate type) stacked forming tall unit on outside wall, an upright freezer on opposite wall; the corners of these two units form an opening from kitchen of 20 inches restricting exit - Section 217a. Kitchen - Gas range, no shut off valve at unit - Section 508b. Living Room - No light switch at point of outside entry for controlling light in roon - Section 529b. Space heater in living room floor insufficient and cannot furnish heat to each room in present form and house is not insulated, summer occupancy only - Section 512 , 513a. UPSTAIRS Bathroom - Flooring not moisture resistant - Section 303d, 214d. Bedroom - southeast - Light fixture not in working or-~-d-~- - Section 529a, 601. Porch - east side - bottom step loose and pitches back excessively - Section 602c. Porch - southwest corner - two steps rotted and loose - Section 602c. Page 2 House 604b. sets on posts, not skirted - Section 302a, Cellar - for utility purposes - no light switch at entrance for safe entrance - Section 215c. Cellar door hinge rotted off - Section 30la. Detached Garage - Broken panes of glass - Section 603b. Three room bungalow type unit with bath east of garage: Kitchen - Gas range, no shut off valve at unit - Section 508b. Livin~ Room - Ceiling fixture not securely fastened - Section 528a, b. Bathroom - B.X. cable hanging through ceiling, taped ends, no fixture - Section 528a. Bedroom - Ceiling fixture on lamp cord - Section 528a. I completed inspection at approximately 10:20 A.M. ~pect fury 7bmit~ed, Inspector EH:tle /~ ~ ~-.q-.,z~ TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER FORMER OWNER RES. LAND AGE NEW F~rm Tilloble 2 Tilioble 3 Woodl~nd Swompl~nd Brushl~nd House Plot Tot~l SEAS. VL. z/fzO0 NORMAL Acre STREET ~;/:2,:.:' TOTAL DATE BUILDING CONDITION BELOW Volue Per Acre VILLAGE .! w REMARKS ~ ~ DISTRICT SUB. 7 AC~,EAGE TYPE OF BUIEDING MISC. ABOVE Value LOT M. Bldg. - Extension~ ;.2- ~ ~ ~.- ,'{ EX~l~sion f~ ? )< :~ /9 o / B reez'~.~ Garage ,z3/ ,, Foundation Basement Walls Fire Place Bath Floors Interior Finish He~ Porch Rooms 1st Floor ~'~ Rooms 2nd Floor 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 November 17, 2010 Zoning Appeal No. 6439 Transmitted herewith is Zoning Appeals No. 6439 of Deborah DoW for David S & Elizabeth Branch - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Deborah Doty Dated November 15, 2010, Authorization Letter from David & Elizabeth Branch to Deborah Doty to Represent them in this Matter, 3 Pages of Photos of House Before and as it Exists, Copy of Building Permit 35824Z for alterations & Additions Dated September 3, 2010, Copy of Certificate of Occupancy No Z4791 for One Family Dwelling Dated August 31, 1972, Copy of Property Record Card (Both Sides), Notice of Disapproval from Building Department Dated October 13, 2010, Copy of Survey Showing Proposed Changes Dated September 10, 2010 Prepared by Tour de Force Designs, LLC, Copy of Application for Building Permit with Disapproval Dated October 13, 2010, Copy of Survey Showing Existing & Proposed Construction Dated July 20, 2010 Prepared by Nathan Taft Corwin II1 Land Surveyor, 4 Pages of Site Plans Showing Existing & Proposed Construction Dated November 1, 2010 Prepared by Tour de Force Designs, LLC. Town of Southold P.O Box 1179 Southold~ NY 11971 Date: 11/17/10 * * * RECEIPT * * * Receipt: 94196 Transaction(s): 1 I Application Fees Check#: 7739 Reference Subtotal 6439 $600.00 Total Paid: $600.00 Name: Doty, Deborah P O Box 1181 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6439 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.north fork.net December 6, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, January 6, 2011 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 December 20t~: 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 Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. if you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a 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, providing the returned letter to us as soon as possible; AND not later than December 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 4, 20'11. if you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 6, 201t PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 6~ 2011: 9:50 A.M. DAVID S. and ELIZABETH BRANCH #6439 - Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 20t0 Notice of Disapproval based on an application for building permit to construct an addition at; t) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yards of 35 feet, at: 5160 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SCTM#1000-984-23. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(~.Town. Southold. ny.us. Dated: December 6, 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 t179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME D. & E. BRANCH #6439 MAP # 98-4-23 VARIANCE Construct Addition REQUEST Setbacks DATE: THURS, JAN. 6, 2011 9:50 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 10067 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 23rd day of December, 2010. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY JANUARY ~, ~J~ PUBLIC HEAR1NG5 NOTICE 15 HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Codec C~apter 280 (Zoning),Town of Southold, the following pub0c hear- in8s will be held by the SOUTHOLD TOWN ZONING BOARD OF AP~ PEALS at the Town Hag, 53095 Main Road, EO. Box 1179, Soutbold, New York 11971-0959, on THURSDAY JAN- UARY 6. 2011: 9'.30 A.M. 4170 INDIAN NECK - Applicant requests a Special Exception under Arti- cle III, Section 280-13B(9). To construct second floor apartment as groom/farm labor quarters in existing barn, location: 4170 Indian Neck Lane, (adj. to Little Creek) Peconic, NY. SCTlVl#1000-984- and the Building In~pector'~ October - Request for Variance from Code Sec tion 280-13 and 280-15 and the Building Inspector's September 29, 2010 Notice oI Disapproval ba~ed on an application for building permit to construction an acc~asory structure 1) proposed build- ins is not accessory to existing structure. 2) accessory structure exceeding the maximum 750 sq. ft. allowed per code; at 43850 Main Rd. (S R 25), Peconic, NY SC~FMg1000-75-6-4. ~8:30 A.M. LOIS ABRAMCHIK Request for Variance from Code Sec- tion 280-15 and the Building Inspector's Augusi 16, 2010 Notice .of Disapproval based on an application for building per- mit to construct an accessory in-ground swimmin~pool at; a location other than the code required rear yard, at: 28547 Main Rd. (SR 25) and Brown's Hill Rd (Private Rd), Orient, NY. SCTM#1000- 18-6-24.1. 10'.50 A.M. BARBARA SCURA- ~LF~,~t~tL: Request for Variance from Article XXIII Code Section 280- I24 and the Building Inspector's Sep- tember 28, 2010 Notice of Disapproval based on a building permit application for "as built" deck addition to exist- ing dwelling at; 1) at less than the code required rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Soudiold, NY. SCTM#1000,70~13-10. 11110 A.M. JOEL IL and JAMI FRIEDMAN g6440 - Request for Vari- ance from Code Sectipn 28045 and 15D and the Building Inspector's September 20, 2010 Notice of Disapproval based on an application for building permit to construct an accessory garage at; 1) at less than the code required front yard setback of 50 £eet, 2) dormers at more than the cede permitted 40% of the reel width, at: 830 Clearview Rd.,(adj. to Cedar Beach Harbor), Southold, NY. SCTM#100049-3-11.5. II'J0 A.M. WEST CREEK AVE. TRUST fFndehushl #6442 - Request for Variance from Article Iii Code Sec- tion 280-i5 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application fei "as built" accessory in-ground swim- ming pool at; 1) I~cation other than the code required rear yard, location: 1295 West Creek Ave.. (Holden Ave) Cu tchogue, NY. SCTM# 1000-103-13 /% ti · CHRISTINA VQLINSKI NOTARY PU~LIG-S~ME OF NEW No~ 01 -VO6105050 Quallflefl In Suffolk County ~e Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hea~ng, and/or de~iring to submit writ~n ~tatements before the conclusion of eac~ hearing. Each hearing will not start earlier than designated ahoy. ~lles are available for review during regular buslne~s hours and prior to die day of the hearing. If office at (631) 765-1809, or by email: Dated: December 6~ 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vlcki Toth 54375 Main Road (Office Location) 53095 Main Road (MailingfldSPS) P.O. Box 1179 Seudiold, NY 119714959 ~Q.067-1T 12f23 DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. BOX 1181 CUTCHOGUE, NY 11935-0876 F.\x 631734 7702 631-734-6648 ~ECE'~VED 2010 Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 December 17, 2010 RE: David S. Branch & Elizabeth Branch 5160 Indian Neck Lane, Peconic, NY (SCTM # 1000-98-4-23) Appl. #6439 Dear Members of the Board: Enclosed please find tbe original Affidavit of Mailing and Certified Mail Receipts in com~ection with the above retkrenced matter. The is to confirm that, although not annexed to the Affidavit, a copy of the survey was enclosed with the notices to the neighbors. Encls. DD:bdr Very truly yours, Deborah Dory David S. Branch & Elizabeth Branch BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF DAVID S. BRANCH & ELIZABETH BRANCH (Appl.//6439) 5160 Indian Neck Lane, Peconic, NY SCTM //1000-98-4-23 ~ECE~VED BOARD OF APPEALS AFFIDAVIT OF MAILING STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 16"' day of December, 2010, 1 personally mailed at the United States Post Office in Cutchogue, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office , tbr every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicaut's property.~ Sworn to before me this tl]r~tay of December, 2010 ~EBOR-A~ DOTY Notary Public BONNIE W. MA77~,FERRO Notary Public, State of New York No. 01MA4667612 Qualified in Suffolk Coun~ ,xx Commission Expires August 3 ], 20 I_[.~. Tax rolls have an incorrect address for Thomas G. Stenson & Aiden J. Stenson; the last known address was used for mailing. Notice to David H. Pfeiffer & Sandra B. Pfeiffer in London was sent by Registered Mail-Return Receipt Requested because Certified Mail is not available to England. David S. Branch & Elizabetl~l~anch - Appl.//6439 - Exhibit A Page 1 1000-98-1-1.2 1000-98-4-22.1 1000-98-4-22.2 1000-98-4-24 1000-98-4-26.1 1000-98-4-28.1 1000-98-4-29 1000 98-4-31.1 1000-98-4-32 1000 98-4-33 1000-98-4 34 1000-98-4-35 EXHIBIT A Frank Kull, Jr. & Florence Kull 5135 Indian Neck Lane Peconic, NY 11958 Anne M. Werber 430 East 20~' Street #10F New York, NY 10009 Robert Werber &Fraucis J. Werber 95 Webster Avenue Port Washington, NY 11050 Bryon Odhner as Trustee PO Box 169 Brynathyn, PA 19009 Sal Varano & Yvonne M. Varano 20 First Street Garden City, NY 11530 Adam Bremner & Tamara Hubinsky 440 W 23r~ Street, Apt. D New York, NY 10011 Charles C. Slama Rvc Trust 45 Princess Pine Road Norwalk, CT 06850 Richard J. Lacey&Joyce B. Lacey 1050 Robinson Lane Peconic, NY 11958 Kevin Conery & Karen L. Conery 595 Main Street Roosevelt Island, NY 10044 Thomas Manis & Asimina Manis 47 Vanderlyn Drive Mmzhasset, NY 11030 Craig W. Vonbargen&Pe~my A. Vonbargen 730 Robinson Lane Peconic, NY 11958 Robert Gelling & Carol A. Gelling 700 Robinson Lane Peconic, NY 11958 David S. Branch & Elizabett~anch - Appl. #6439 - Exhibit A Page 2O 1000-98 4-36 1000-98-4-37 1000-98-4 38 1000-98-4-39 Thomas G. Stenson & Aiden J. Stenson 84 Kilburn Road Garden City, NY 11530-2613 David H. Pfeiffer & Sandra B. Pfeiffer 44 Bute Gardens London, England W6 7DX Sandra Ekberg-Jordon 165 West End Ave, Apt. 14K New York, NY 10023 David J. Knoernschild & Linda A. Knoernschild 120 Robinson Lane Peconic, NY 11958 David S. Branch & Elizabet~anch - Appl. #6439 $1.22 $2.80 Postmark $2.30 ' Here $ $6.32 1~/16/2010 Sent To .......... ..... Street, Apt NO; ............... , or PO BO>: NO. ' 4., Ce.iPed Fee &turn Receipt Fee (Endorsement Required) ' Restricted Delivery Fee (Endorsement Requfred) Total Postage & Fees t2./t6~tO rEJ Postage ! Certified Fee § , , Return Receipt Fee (E~dorsernent Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $2~*~0 ~" ~:~!~ Postmark $ $6.32 112716/2010 $~reeh Apt No.; ........................ D,t~ ~iJFJ,'~/~;~ ..................................... ru Postage ru Ceriified Fee I Return Receipt Fee (El~orsernent Required} R stricted Delivery Fee 1~3 (E orsernent Required) r--~ Total Postage & Fees ru $1.22 $2.80 $ ~6.~2 ~'~2~6/2010 d Rest dcted Del yeW F~ 11'3 1-1 David S. Branch & Elizabeth~anch - Appl. #6439 Return Receipt Foe (Endorseme~ Regulmd) Restgcled Delivery Fee (Endorsement Required) Total Postage & Fees KE Po~tage $ $1.22 _$ mm I Po~t~ge $1.22 r!J Postage rlJ Certified Fee (Eh rsement Required) R dcted Delivery Fee (E sement Required} Total POStage & Fees nj r-i (Endorsement Requlr~ ~ Total Postage & Fee 12/16/2010 $1.22 ~ $2.80 $~.~2 [2/16/2010 i RegihtlmL'~l Postal Ceriified Fee Return Receipt Foe (Endorsement Re Rest dCted Delivery Fe (Endorsement Require{ Total Postage & Fee PS Forrr ~ Copy I - Customer May 2007 (7530-02-000-90! (See Information on Reeverse) _ For domestic delivery information v s t our webs tea tee, pt, No.; ............................ ........... I'M Postage Certified Fee {Endomement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees nj r~- or PO Box No. $1.2~ $2.80 $2.30 $ $6.32 12/16/2510 1. Ar~,e Addmmed to: I, D Adermsee lYes [] No Frank Kull, Jr. & Florence Kull 5135 Indian Neck Lane Peconic, NY 11958 - · ~t'~ Y°Ur name and address onthe reveme so that we can return the card to you. · Attaoh this omd to the ba~k of the mallpleoe, or on the front If space permits. 1, Artlcle Addressed to: ,2.~,. t Anne M. Werber 430 East 20't, Stre~ New Y°rk' N~(Y01 ~~ · .Com..P~t~. _ Items 1, 2, and 3. Also complete ~' _ -~ .~ 4 ~Reebl~ed Oelivm,/ledeeh.ed · ~men mis oard to the back of th~ rneJiplece, petard. Robert Werber & Francis J. Werber 95 Webster Avenue Port Washington, NY 11050 a. ~a~a~d by (~'~ed Name) Io. Date of De~v*'/ D. i~ delbe~ addreea diffident flomltem 17 [] yes ~ YE~eslter dellve~ addr~s below: I-I No hiram 17 I:J No !, 2. and 3. Also oomplete Item 4 If I:~ Deilvely la deelmd. · Pdnt your neme and address on the reveme so that we can return the card to you. · Attach this ~ard to the baok of the mallplelle, or on the front If apace permit& 1. Arttcle t~ddm~sed to: ,,~1~ Bryon Odhner as Trustee PO Box 169 Brynathyn, PA 19009 7006 2150 70 ~ Omtmed Mall n Expmee Mall [] C.O.D. 0004 2220 2335 PS Form 3811, Februa~ 2004 Domestic Return Reoelpt 'i 02~4A-1540 · CompMte Iten~ 1, 2, and 3, Also oomplete I~ 4 If Ite~tl~Jt~ Dmllvmy la ~l~d_ red. · Pdnt your nm~e end addme~ on the mveme so that we can retum the card to you. Sal Varano & Yvonne M. Varano 20 First Street Garden City, NY 11530 D. ladellve~addmesdltfemntfromlteml? I-lyes If YES, enter dellveq~ addm~ below: r-I No 1, 2, and 3, Also oompiete eo that we oan tatum the c. ard to you. · Affaoh this ~ to fie back of the mallplece, or on ~he front If apace permits. Charles C. Slama Rvc Trust 45 Princess Pine Road Norwalk, CT 06850 B. ~ ~(~rn~t~'~ JO. Date of O~h~ey If YES, ~at~' d~llv~/~clm~ I~:na reno ~.Ce~fled M~I I-I Ex~ Mall E] O.O.D. 2. /~qcle Numbe~ 7006 2150 0004 PS Form 3811, February 2004 Domestic Return Receipt 2220 2373 · Att~h thl~ cerd to Um beck of th~ mallplece, or on the front If apace permits. Richard J. Lacey & Joyce B. Lacey 1050 Robinson Lane Peconic, N\ 11958 C~plete Items 1, 2, and 3. Also complete Print your name and address on the mveme 1. A~Jcle ~ to: ~ ~ Thomas Manis & Asimina Manis 47 Vanderlyn Drive Manhasset, NY 11030 2. ~ Number 4. Rm~,~_ _ _ Oe~/? ~dm Fee) ClYa~ 7006 2150 0004 2220 2403 PS Form 3811, February 2004 ~om~lo Retum Reoeipt · Pflnt your name and address on the reverse so tflat we oan retum the card to you. · Attach this oard to the ba~ of the mallpiece, 1..Ntlcle Addressed to: ~'~t Craig W. Vonbargen & Penny A. Vonbargen 730 Robinson Lane Pecordc, NY 11958 D. Isdellv~addmesdlff~entffomiteml? I-lyes if ¥E8, ef~ter delivery address below: [] No · Attach this card to the back of the mailplece, or on the front If space permits. 1. ArticleAddressed to: 35 Robert Gelling&CarolA. Gelling 700 Robinson Lane Peconic, NYl1958 ff YES, eater dellveqt address below: [] No 3. 8elvloe Type ~1C~med Ma~[ 0 Expre~ M~I [] Regretemd [] R~um Receipt for Memha~ · Complete Items 1, 2, and 3. Also complete Item 4 If Restflcted Dellvefl/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 mallplece, or on the ~ont if space permits. Thomas G. Stenson & Alden J. Stenson 84 Kilburn Road Garden City, NY 11530-2613 Signature } rl Addre~.~ ) that we can tatum the card to you. · Attach fi~ls cerd to the back of the mallplece, 1. Article Addressed to: .~// Sandra Ekberg-Jordon 165 West End Ave, Apt. 14K New York, NY 10023 D. IsdeliveQtaddressdlff~mntflomlt~nl? DYes If YES, enter delivery addree~ below: [~ No i [] E~3mea Mail 0 Relum Re~ipt for Memhandlse [] O.O.D. 4. Restricted D~lvefy? ~ Fee) OYo8 ; Ps Fo~n 3811, February 2O04 700h 2150 0004 2220 2441 · Complete Items 1, 2, and 3. Also ~omWete Item 4 If Re=~k.'ted Deilvel7 Js deelmd. · Pflnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, 1, AngcJe to: Dav~oernschild & Linda A. Knoernschild 120 Robinson Lane Peconic, NY 11958 2. /~ Number PS Form 3811, February 2004 D. Isdellve~yeddmsadlffemntfmmlteml? f-] Yes ff YES, 8ftter delivery addres~l be{ow: i'"l No t~ I~ HI Cl c.o.D. ,4. ~'~t~ t~ve~ ~ F-es) 7006 2150 0004 2220 2472 Domestic Retum Receipt [] Ex~ess Mall i"l R~um Re¢x~pt for Memh~dls~ r~yes BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF DAVID S. BRANCH & ELIZABETH BRANCH (Appl. #6439) 5160 Indian Neck Lane, Peconic, NY Regarding Posting of Sign upon Applicant's Land Identified as SCTM # 1000-98-4-23 AFFIDAVIT OF POSTING STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) SS.: I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 29~ day of December, 2010, I personally placed the Town's official Poster, with the date of hearing and 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 street or right-of-way entrance near the entrance or driveway entrance of the property, as the area most visible to passerby. I hereby confirm that the Poster has remained in place at least seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be January 6,2011. Sworn to before me this 6th day of January, 2011 NO. 49426~8, SUFFOLK COU,'CiY . BOARD MEMBERS Leslie Kanes Weisman, Cha'mperson 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 hnp://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 November 17, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6439 (Branch) NOV 1 ? 2010 Dear Mr. Terry: We have received an application for construction of an addition to existing single family dwelling in Peconic. 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. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 November 17, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6439 Action Requested: Within 500 feet of: Owner/Applicant: Branch Setbacks ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson // BOARD MEMBERS Leslie Kanes Weisman, Chairperson lames 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 I 1971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 January 21,2011 Deborah Do/y, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: ZBA File#6439 - Branch Dear Ms. Doty: 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. Sincerely, Vicki ~oth~ Encl. Cc: Building Dept. YATC~