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HomeMy WebLinkAbout6441 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2011 ZBA FILE: 6441 NAME OF APPLICANT: Barbara Scura-Coyne PROPERTY LOCATION: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCTM#1000-70-13-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non-conforming 22,500 sq. ft. lot located in a R-40 zone. It is improved with a one story dwelling with attached garage and deck. It has 150 feet of frontage on the south side of Oakwood Rd., 150.00 feet of frontage on the west side of Oakwood Rd., 150 feet along the north property line, and 150 feet along the east property line as shown on the survey prepared by Nathan Taft Corwin, III L.S. dated June 18, 2010. BASIS OF APPLICATION: Request for Variance from Article XXlll Code Section 280-124 and the Building Inspector's September 28, 2010 Notice of Disapproval based on a building permit application for "as built" deck addition to existing dwelling at; 1) at less than the code required rear yard setback of 50 feet_. RELIEF REQUESTED: The applicant proposes to maintain an existing deck addition with a rear yard setback of 44.3 feet where the code requires 50 feet. 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 l~267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The application directly involves the recognition of an existing as-built deck. While it was constructed without the benefit of a building permit its design is not incompatible with surrounding structures in the 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. The deck already exists in the most logical location on the Page 2 January 19,2011 ZBA File#6441 - Scura-Coyne property. Given the fact that this lot is considered to have two front yards, it would be very difficult to place an accessory structure or addition of any kind on the property without the need for a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. The deck, as it exists, is located in the architectural rear yard of the property when compared with the placement of the house on the subject property. The grant of a 5.9 feet variance represents a 12% relief from the code. 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. The deck has existed in the present location without incident. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. In so far as the deck was constructed without the benefit of a building permit the difficulty has been self created. However, the deck is located on the most logical area of the property. 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 deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT~ the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III L.S. dated June 18, 2010. Condition: 1. The deck shall remain open to the sky. 2. Existing privacy screening must be maintained That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department 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 nonconformiO2. Vote of the Boar& Ayes: Members Weisman (Chairperson), Dinizio, Schneider. (Absent was: Member Goehringer) (Member Homing by telephone, no voting right) This Resolution was duly adopted (3-0). © 0 0 ,:::3 83"05 30 E SLATE S 83°05'30" N/O/r jU$TINE V. FERRARA sTEPS o 1 sTORY FRAME HOUSE & GARAGE sTONE DRIVEWAY OAK OOD ROAD 150.00' N/O/F JEAN QuARTY 150.00' 83'05'30' W 150.0 UNAUI]-IORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF I~IE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HiS BEHALF TO THE TGLE COMPANY, GOVERNMENTAL AGENCY AND LENDING iNSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI TUTION, CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOID SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-1.3-10 SCALE 1"=20' JUNE 18, 2010 AREA = 22,500 sq. ff. 0.516 ac. :INAL MAP ~,EVIEWEO BY ZBA EE DEC~SK)N # '~ DATED?.L.. It?~... I~ q - PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS A~-ESTABLISHED. BY THE L.I.A. LS. AND APPROVED AND FOR SUCH USE BY THE NE~ YORK STATE TITLE ASSOCIATION. RECEIVED NOV242010, BOARD OF APPEALS N.Y.S. Lic. No. 50467 Nathan Taft Corwin Land Surveyor Title Surveys I Subdivisions -- Site Plans -- Construction Layout PHONE (651)727-2090 Fax (651 )727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jomesport, New York 11947 Jomesport New York 11947 UO-13 To: Jim Fitzgerald for Barbara Scura P O Box 617 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED DATE: September 28, 2~ 2 4 2,~01~ i BOARD OF APPEALS Please take notice that your application dated June 10, 2010 For an "as built" deck addition to an existing single family dwelling at Location of property 1145 Oakwood Drive, Southold, NY County Tax Map No. 1000 - Section 70 Block 13 Lot 10 Is returned herewith and disapproved on the following grounds: The "as built" deck addition on this non-conforming 22,500 sq. ft. lot, in the R40 District is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum stahdards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 20,000 and 39,999 sq. ft., the required rear yard setback is 50'. The "as built" deck addition on this comer lot, indicates a rear yard setback of 44.3'. Authorized Signature RECEIVED ~' ' ~O r~UAH, D OF APPEALS APPLICATION TO TFIE. $OUTHOLD TOWN BOARD OF APPEALs HoaseNm 1145 Street Oakwood DriYe Hamlet Southold SCTM1000 Section 70 Block 13 Lot(s). 10 LotSiz~0,516 ac Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/28/10 BASED ON SURVEY/SITE PLAN DATED 6/18/10 Applieant(s)/Owner(s): Barbara Scura-Coyne Mailing Address: PO Box 547, Southold, NY 11971 Telephone: 631- 965- 09.2~ax: N/A Email: N / A 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:James E. Fitzgerald, Jfor~Owne~Other: Address: PO Box 617, Cutchogue, NY 11935 Telephone~31-734-5800Fax:631-734-7463 Email: jefitzge@suffolk.lib.ny.us Please check to specify who yott.lf~ correspondence to be mailed to, frqllLt~e above names: ~ApplicanffOwner(s), ~]Authorized Representative, La Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6 / 18 / 1 0 and DENIED AN APPLICATION DATED 8 / 2 / 10 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote thc code.) Article: XXIII Section: 280-124 Type of A~l~peal. An Appeal is made for: [~]A Vafi. anca to the Zoning Code or Zoning Map. [_lA Variance due to lack of access required by New I Ilnterpretafion of the Town Code, Article Section [~]Reversal or Other A prior appealS]has, ~-~ has not been made at any time with respect to this propert3,, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Subsection: York Town Law- Section 280-A. REASONS FOR APPEAL (additional sheets may be used with preparer's s(gnature): AREA I,.4RIA~CIi RliASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED PAGE FOR ALL RESPONSES. (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: (3) The amount of relief 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 alleged difficulty been self-created? [~Yes, or [~No. Are there Covenants and Restrictions concerning this land: [~]No.[~Yes(pleasefi,'nishcopv). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.. Check this box ~ IF A USE I,(4RL4NCE 1S BEING REQUE~/ FJ ATTACHED USE VARIANCE SHEET: (Please.be ~ure~ consult y~4~r~o75~ Sig/n~ure ~f Appellant o S~:orn to before me this [~x (~7...mst~.,a .~ Notar~Public LYNDA M. ~ NOTARY PUBLIC, State of New York No. 011~6020932 Qualified in Suffolk Count, Term Expires March 8, 20 .~L TIlE Applicant: Barbara Scura-Coyne REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: The application directly involves the recognition of an existing as-built decl~. Regardless of the fact that it was constructed without a building permit, its design is not incompatible with many other structures both in the immediate neighborhood and throughout the Town, and its continued existence will not result in a present change in the churucter of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The geometry of the non-conforming lot, bordered by streets on two sides, dictated the location of the house and is such that the addition of the deck in the desired size and configuration requires an area variance under the current Town Code. 3. The amount of relief requested is not substantial BECAUSE: The deck accounts for 4.6% coverage of the property, and the total coverage including the deck is only about 15% The existing rearyard setback, 44.3feet, is only slightly more than 10% short of the code-specified $O fee~ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: There will be no overall change in the effect, if any, on the physical or environmental conditions in the neighborhood, nor has there been any adverse effect reported during the time the deck has already existed. 5. Has the alleged difficulty been self-created? ( X ) Yes, but inadvertently ( ) No 6. Are there Covenants and Restrictions concerning this land? ( ) Yes ( X ) No; see attached information Sworn to before me this 12~' day 0f November, 2010. , Notary Public This is the minimum that is necessary and adequate to address the needs of the owner, and which at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the community. PanSper-T Permit S~rvk es LYNDA M. ~ NOTARY PUBLIC, State of New York No. 01~6020932 Qualified in Suffolk Count), Term Expires March 8, 20 _~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Barbara Scura-Coyne I. For Demolition of Existing BuiMing Areas Please describe areas being removed: N/A Date Prapared: NOV 8, 2010 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Deck: 32.0' x 32.4' Dimensions of new second floor: NIA Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sh~t if n~ssa~y) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: No change in dwelling; one-level deck added. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2348 s.f Proposed increase of building coverage: 1037 s.f. Square footage ofyoor lot: 225o0 s.f. Percentage of coverage of your lot by building area: 15.0% V. Purpose of New Construction: Provide outdoor IMng#ecaeational space. VI. Please deserthe the land enntoura (flat, slope %, heavily wooded, marsh area, ete.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat; the land contours do not add to the difficulty in meeting Code requirements. 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 RECEIVED BOARD OF APPEALS QUESTIONNAIRE /[ FOR FILING 1,VITH YOUR Z.B.A. APPLICATION t~q~ECEIVED NOV 2 4 Is the su~,premises listed on the real estate market for sale? res BOARD OF APPEALS Are there any proposals to change or alter land contours? [~qo ['-~es, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Am these areas shown on the map submitted with this application? H/IA, 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: NIA and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applieable.) Do you have any construction taking place at this time concerning your premises? No lfyes, please submit a copy of your building permit and map as approved by the Building Department and describe: N/A G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. No If yes, please label Please list present use or operations conducted at this parcel Single-family dwelling and proposed nse Single-family dwelling with deck (examples: existing: single-family; proposed: same with garage or pool or oth~ description0 James E. Fitzge~drOr~ 1 1/~223/10~.~ AnIh--~zed Sign~r~'at~tl~te ~-/'/~/ 2/05; 1/07 APp sAANT/AGENT/REPRESENT VE CTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on tho part of town officers and emolovees. The oumose of this form is to vrovide information which can ale~t the town of vossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Coyne-Scura, Barbara (Last name, fu~'t name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance Change of Zone Approval of plat Exemption fi~m plat or official map (If "Other", name the activity.) X Building Trustee Coastal Erosion Mooring Planning 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 0was more than 5%f,~ the shares. YES If you answered "YES", complete the balance of this form and ,ta~e and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Desoribe the relatiouship between yourself (the applieant/agcot~representafive) and the town officer or employee. Either check the appropri,~ line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply): A) the owner of greater ~han 5% of the shares of the corporate stock of (he applicant (wben 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, panner,, or employee of the applicant; or D) the actual applicant. R CE VE% 7 DESCRIPTION OF RELATIONSHIP BOARD OF APPEALS Form TS 1 Submitted th'v,) ~ day of '-~ ~ 200 lC) PrintNa~-~B~rbara Coyr?b-Sc~-3a APPL ANT/AGENT/REPRESENTA N E TRANSACTIONAL DISCLOSURE FORM The Town of Soathold's Code of Ethics vrohibits conflicts of interest on thc nert of town officers and emolovecs. The ouroose of this form is to orovide information which can alert the town of possible conflicts of interest, and allow it to take whatever action is necessary to avoid ~ame. YOURNAME: Fitzgerald, James E., ,Ir., agent to Barbara Scura-Coyne (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other 0f"Other", mmae the activity.) X Building Trustee Co~tal Erosion Mooring Planning Do you personally (or lhrough your company, spouse, s~ling, pm~nt, or child) have a relationship with any officer or employee ofthe Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Souflaold Title or position oflhat person Deseribe the relationship between yourscff(the applicanVagant/raprcsentative) and tbe town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provide& The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of grea~r than 5% of th~ shares of thc corporate stock of ~e ~Be~t (w~n ~e a~H~t ~ a ~on); B) &e le~ or ~efici~ o~r of ~ ~em~ M a non~r~e ~fi~ (wh~ ~ ~li~ is not a co~on); C) ~ offi~, ~r, ~z or ~ploy~ of ~ ~pli~t; or ~D) ~e ~ a~t. DESCRIPTION OF RELATIONSHIP RECEIVED NOV 2 BOARD OF AppEALS Form TS 1 Print Nan}frae s E. -F 7/ge-r-aldhf Jr · Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 November 24, 2010 (631) 734-5800 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; SCTM #1000-70-13-10; Barbara Scura-Coyne Dear Madam: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the approval of an as-built deck on the property of Barbara Scura-Coyne located at 1145 Oakwood Drive in Southold. Proper-T Permit Services represents Ms. Scura-Coyne in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $400) Application Form (8 copies) Letter of Authorization (8 copies) TDF, owner (8 copies) TDF, agent (8 copies) Statement to ZBA (8 copies) Deed to Property (8 copies) Notice of Disapproval (8 copies) Project Description (8 copies) ZBA Questionnaire (8 copies) Town Property Card (8 copies) Vicinity Map (8 copies) Tax Map (8 copies) Survey of Property (original plus 7 copies) Project Site Photos (8 copies) Photo View Angles (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION TOWN OF SOU~LD BUILDING DEPA'I~FMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net PERMIT NO. ^pproved ,20 NOV 2 4 2010 Disapproved dc Expiration ,20 BUI~G PERMIT APPLICATION CHECKLIS? Do you have or need the following, before applying'. Board of Health ~ 4 sets of Building Plans ~ .5~ ~5 ~ Planning Board approval ~ SurveyI Check Septic Form Flood Permit . Storm-q~Caier Assessment Form Contact: Mail to: BOARD OF APPEALS Phone:  Building Inspector ~ICATION FOR BUILDING PERMIT Date ,20 INSTRUCTIONS BLDG. DEPT. This appli~ttlt~f~l[~ll~ r,.~7!: ly filled in by typewriter or in ink and submitted to the Buildin Ins ector with 4 ~ . g P sets of as, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of hit and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall b~ kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in par~ for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months afl. er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension &the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as hereIn described. The applieant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or lat?t deed) If applicant is a corporation, signature of duly authorized officer (Name and title ,~f~orporate officer) Builders License No. Plumbers License No. ' Electricians License No._ Other Trade's License No._/ 1. Location of land on which proposed work will be [lone: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision /~'~s~/~ ~') a N~' Lot Lot {D 2. State existing use and occupancy of premises and intended use and occupancy of proposed ~x)nstrucfion: a. Existing use and occupancy b. Intended useandoccupancy r~C.-[~'-- 3. Nature of work (check which applicable): New Building Addition Alteration Repair ' Removal Demolition 4. Estimated Cost~p_g~>gP Fee 5. If dwelling, number of dwelling units ~_ If garage, number of cars 6. If business, ¢ornmer¢ial or mixed occuPancy' specify nature and exteat o£ each type o fuse. 7. Dimensions of existing structures, if any: Front Rea/ Depth Height. Number of Stories Dimens~ons of same structure wtth alterations or adchbons: Flont .~ t '! ! Depth__ __Height ~i Stones ( )Dimensionsofen irenew ousmc,ion:Front$ '3V"rr"Uear :' Number of Stories ~ Other Work (To be paid on filing this application) Number of dwelling units on each floor 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES NO ,.~Will excess fill be removed from premises? YES NO __ 14. Names of Owner of premises Name of Architecll~/,g'/~'~:~,4~ ~ ~' ~Address ~-/~'qg~ne No ~f:~/. ~Z- 7~,--~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland.'? *YES __ NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIKED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO __ * IF YES, D.E.C. PERMITS MAY BE KEQUIKED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topo~aphical data on survey. 18. A[~e there any covenants and restrictions with respect to this property. YES NO -.~ ,." * IF YES, PROVIDE A COPY. STATE OF NEW YOKK) ~ ~(2 ~'~"~"~ being d~y sworn, deposes and says that (s)he is the applic~t (Nme of ink.duff sing corers0 above rimed, CON BUNCH No. O~bO~l~5050 (Con.actor, Agent, Co~orate Officer, etc.) ~ qua~ed in ~lk ~n~ t ~ommrss~ E~,~ ApH 14, 201~ of s~d owner or owne~, ~d is d~y au~oQzed to peffom or have pcrfomcd thc said work ~d to m~c ~d fliers application; · at ~1 statements can~ ~ ~s app~cation ~ ~e to the best of his ~owledge ~d belief; ~d ~at ~c work will be perfomed in ~e m~ s~ fo~ ~ ~e application filed ~emwith. ant . _of _ 1145 Oakwood Drive Southold, New York 11971 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and process'rog of an appli- cation for a variance required for the approval of an as-built deck on my property located at 1145 Oakwood Drive in Southold and designated by Suffolk County Tax Map No. 1000-70- 13-10, and to furnish, upon request, supplemental information in support of the application. / ~.erely, 0 · Barbara Coyne-Scura NOV 2 4 7_010 BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Concerning Covenants and Restrictions Previously Recorded as Applying to Applicant's Land Identified as SCTM #1000-70-13-10. NOV 2 4201~ COUNTY OF SUFFOLK) STATE OF NEW YORK) BOARD OF APPEALS I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cmchogue, New York 11935, be- ing duly sworn, depose and say: That I have personally examined the copy of the deed filed at Liber 4424, page 313, and dated January 28, 1958, among the records of the County Clerk of Suffolk County and found that the Covenants and Restrictions referred to in the present deed to the property of Ba~hara Scura- Co)ne, located at 1145 Oakwood Drive, Southold, and identified as SCTM #1000-70-13-10 expired on January 1, 1975, and That I have personally examined the copy of the deed filed at Liber 4593, page 41, and dated January 8, 1959, among the records of the County Clerk of Suffolk County and found that the Covenants and Restrictions referred to in the present deed to the property of Barbara Scura- Co)ne, located at 1145 Oakwood Drive, Southold, and identified as SCTM #1000-70-13-10 expired on January 1, 1975. Dated: J~s E. Fi~e-~ral~. 3 / Sworn to before me this ~ day of k~,~e4~ ~ ,2010. LYNDA M. ~ NOTARY PUBLIC, State of NoW York No. 01~J~6020932 O~Jalified in Suffolk County Term Expires I¢~rch 8, 20 ~L_ BARGAIN AND SALE DEED WITH COVENANT AGAINST 'GRANTOR'S ACTS. (INDIVIDUAL. OR CORPORA.TjflN/ED,Rt:~EI~ FORM 8007 CAUTION: THIS AGREEMENT SHOULD.BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR THIS INDENTURE, made theo/~' day of May, 2008 between BOARD OF APPEALS Thomas Coyne, as surviving tenant by the entirety of Barbara A. Coyne, Suffolk County Probate File #1226P2006, residing at 785 Oalovood Drive, So'uthold, New York 11971 party of the first part, Thomas Coyne and Barbara Coyne, a/Ida Barbara Scura, his wife, both residing at 785 Oakwood Drive, Southold, New York 11971 pa~yofthe second part, WITNESSETH, that the party of the first part, in consideration of TEN DOLLARS ($10.00), lawful money of the United States, paid by the party &the second part, does hereby grant and release unto the party of the second part, the he rs or successors and assigns of the party of the second part forever, ' ALL the certain plot, piece or parcel of land, with the buildings and improvements 'thereo 1 erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York bounded and described gs follows; BEGINNING at a point on the northerly side of Oakwood Drive distant 150 feet westerly fi'Om the corner formed by the intersection of the northerly side of Oakwood Drive and the westei'ly side of North Bayview Road; THENCE along the northerly side of Oakwood Drive, South 83 degrees 05 minutes 30 seconds West 15.0 feet; THENCE along the easterly side of Oakwood Drive North 6 degrees 54 minutes 30 seconds West a distance of 150 feet; THENCE North 83 degrees 05 minutes 30 seconds East a distance of 150 feet; THENCE South 6 degrees 54 minutes 30 seconds East a distance Of 150 feet to the northerly 'side of Oakwood Drive at.the point or place of BEGINNING. . ~ SUBJECT to covenants and restrictions as set forth in Liber 4424 cp 313, and in Liber 4593 cp 41. BEING AND INTENDED TO BE the stone premises conveyed to the party of the ilrst part by deed dated 11/21/85, recorded 1/5/96 in Liber 11757 Page 061. TOGETHER with all right, title and interest, if~iny, &the party &the first part in and to any streets and roads abutting the above described premises.to the qeBter lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said pre~nises, TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the sedond part forever. AND the party of the first part, covenants tliat the party of the first part has not done or saffered anything whereby the said premises have been eBcumbered in any way whatever, except as aforesaid. .4ND the party of the first part, in compliance with Section 13 of the Lien Law covenants that the party or, the ilrst part will receive the consideration for this conveyanbe and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. Tire word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has dBly executed this deed the day and yem' first above'written. Thomas Coyne 'I STATE OF NEW YORK : ] :ss. COUNTY OFI SUFFOLK. : RECEIVED NOV 2 42 t0 BOARD OF APPEALS On the 2-'~ay gf May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas Coyne, personally known to me or proved to me on the basis of sa!isfactory evidence to be the individuals whose names are subscribed to the. within instrument and acknowledged to me that he executed the same in his capacity, and that by his sig.hature on the instrument, the individuals, or the person upon behal£of which the individual acted, executed the instrument. REGINA T. HOLMES Notary Public, State of New York =: No. 01HO6120440 QlJalified in SUffolk County ~,-~ Commission Expires Dec. 20,. g.,"~ Notary PQ'ol'ic District Section Block Lot STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN C~:KTII~IED BY A DESIGN PRO~"~iONAL IN THE STATE OF NEW YORK. Item Number: (NOTE: A Check Mark (~) for each Question is Required for a Complete Applicatioe) Ye._~s N.._.~o Will this Project Retain All Storm-Water Run-Off Generated by a Two (2")Inch Rainfall on Site? ('rhis item wilt include all run-off created by site clearing and/or construction activities as well as all Site Improvements and the permanent creation of impervious surfaces,) Does the Site Plan and/or Survey Show Ail Proposed Drainage structures Indicating Size & Location? tJ J'~l This Item shait include all Proposed Grade Changes and S opes Contyolitng Surface WaterFIow! Will this Project Require any Land Filling, Grading or Excavation where there isa change to the Natural Existing Grade Involving more than 200 Cub c Yards of Matedal within any Parcel? U -- Will this Application Require Land Disturbing Activities Encempassing an Area in Excess of Five Thousand (5,000) Square Feet of Ground Surface? -- Is there a Natural Water Course Running through the Site? ~ // Is this Project within the Trustees jurisdiction or within One Hundred (100') feet of a Wetland or Beach? oneWill there be Site preparation on Existing Grade Slopes which Exceed Fifteen (t 5) feet of Vertical Rise tOHundred (100'} of Horizontal Distance? Will Driveways, Parking Areas or other Impervious Surfaces be Sloped to Direct Storm-Water Run-Off ~ ~// into and/or in the direction of a Town right-of-way? U -- Will this Project Require the Placement of Material, Removal of Vngetafion and/or the Construction of any Item Within the Town Right-of-Way or Road Shoulder Area? -- (This item will NOT Include the Installation of Driveway Aprons.) Will this Project Require Site Preparation within the One Hundred (100) Year F oodplain of any Waterceurse? r_-_--i / NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark in the Box, a Storm-Water, Grading, Drainage & Erosion Control Plan is Required and Must be Submitted for Review Prior to Issuance of Any Rulldthg Permlfl EXEMPTION: Does this project meet the minimum standards for classification as an Agricultural Project? Note~ If You Answered Yes to this Question, a Storm-Water, Grading, Drainage & Erosion Control Plan is NOT Requlredl __ __ STATE OF NEW YORK, couN ............ ss That I ................................................................................. being duly sworn, deposes and says that he/she is the applicant for Permit, (Name of Indlviclual s~gning Document) CONNIE D. BUNCH l~0tafitJ~ ' ,Tta Nm~ ......... YQr~. ........... And that he/she is the .................................................................................................... No[ltt~ 1850h[J~tJ6~-~'~0 (Owner. Contractor, Agent, Corporate Omcer. etc.) Oualiff~ in Suffolk County }~'~ Owner and/or representative of the Owner of Owner's, ;md is duly authorized to perf{gRttrt~/s-li~[a~ltftt~[~t4fli~'~Pwork and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the inanner set forth in the application filed herewith. Sworn to before me this; FORM- 06/07 / / Yes No THE AREA OF THE PROPOSED PROJECT IS CIRCLED B A Y~.% C~eekP~ ~ HOG NECK BAY ' LE ' /~OO~ RECEIVED NOV 2 4 2010 .. BOARD OF APPEALS VICINITY MAP Application regarding the property of Barbara Scum-Coyne, SCTM # 1000-70-13-10 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchoguc, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 November 1, 2010 RECEIVED T~ MAP Application regarding the property of Barbara Sc .m'a-Coyne, SCTM # 1000-70-13-10 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 November 1, 2010 N 83"05'30" ~OUNO CONC. MON. E RECEIVED NOV ~ BOARD OF APPEALS 1 STORY FRAME HOUSE & GARAGE CONC ~LOCK CUR I 3°05'30'' W 150.00' COND. UNff 53.7' FOUND C0NC. MON.I 150.00' FOUND ~S NOT TO ¢CALE PHOTO VIEW ANGLES Application regarding the property of Barbara S?ra-Coyne, SCTM #1000-70-13-10 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 November 1, 2010 PHOTO A: Looking SW at existing deck and rear of housed. (9/21/10 at 1400 hfs) RECEIVED BOARD OF APPEALS PHOTO B: Looking SE at existing deck. (9/21/10 and 1402 hrs) PROJECT SITE PHOTOS Application regarding the property of Barbara Scura-Coyne, SCTM # 1000-70-13- l 0 Represented by PROPER-T PERMIT SERVICES P.O. Box 617~ Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 November 1, 2010 PHOTO C: Looking SSE at existing deck and rear of house. (9/21/10 at 1404 hrs) RECEIVED BOARD C~F APPEALS PHOTO D: Looking WSW across existing deck. (9/21/10 at t408 hrs) PROJECT SITE PHOTOS Application regarding the property of Barbara Scura-Coyne, SCTM # 1000-70- l 3 - 10 Represented by PROPER~T PERMfT SERVICES P.O. Box 617, Cutchogne, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 November I, 2010 TOWN OF. souTHOLD PROPERTY RECORD CARD ,4-17 OWNER AGE NI~W ~ Farm T~llobJe i Tilloblo 2 ~oodl~nd 5womplond Brushlond" House Plot Toro I 5'3 O0 NORk,~L VL. FARM TOTAL DATE 7o c) BUILDING CONDITION BELOW Acre VILLAGE DISTRICT SUB. COMM. LOT REMARKS ABOVE Value Per Acre Value M. Bldg. Extension Extension Extension Breezewa, Garage Foundation Basement Ext. Wails Fire Place Patio Porch Porch Both Interior Finish He(~ Attic Rooms ist Floor Rooms 2nd Floor Driveway 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 December 1, 2010 Zoning Appeal No. 6441 Transmitted herewith is Zoning Appeals No. 6441 - Barbara Scura-Coyne- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Forms, Cover Letter from James E. Fitzgerald, Jr. Dated November 24, 2010, A Second Copy of Cover Letter, Copy of Building Department Dated August 2, 2010, Notice of Disapproval from Building Department Dated September 28, 2010, Authorization Letter from Barbara Coyne-Scura to James E. Fitzgerald, Jr. to Represent her in this Matter, Letter from James E Fitzgerald, Jr. in Reference to thc Covenants & Restrictions Dated November 5, 2010, 2 Page Copy of Deed from Thomas Coync to Thomas Coync & Barbara Coyne Dated May 28, 2008, Copy of Vicinity Map Showing Property, Copy of Tax Map Showing Property, Copy Photo View Angles of Property, 2 Pages of Photos of Deck, Copy of Property Record Card (Both Sides), Copy of Survey of Property as it Exists Prepared by Nathan Taft Corwin III Dated June 18, 2010. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/30/10 * * * RECEIPT * * * ReceiptS: 94508 Transaction(s): 1 1 Application Fees Reference Subtotal 6441 $400.00 Check#: 1339 Total Paid: $400.00 Name: Scura-Coyne, Barbara 1661 Old Country Rd, 420 Riverhead, NY 11901 Clerk ID: CAROLH Internal ID: 6441 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, 201 t 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, JANUARY 6, 20t1: 10:50 A.M. BARBARA SCURA-COYNE #6441 - Request for Variance from Article XXlll Code Section 280-124 and the Building Inspector's September 28, 20t0 Notice of Disapproval based on a building permit application for "as built" deck addition to existing dwelling at; 1) at less than the code required rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCTM#1000-70-13-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 755-1809, or by email: Vicki. Toth(~.Town. South old.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 (MailinglUSPS) P.O. Box tt79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.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 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearin.q, providin.q 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 Postin.q for receipt by our office before January 4, 2011. 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 Ends. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BARBARA SCURA-COYNE #6441 MAP # 70-13-10 VARIANCE SETBACK REQUEST "AS BUILT" DECK ADDITION DATE: THURS, JAN. 6, 2011 10:50 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 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 4 day of(~i~2/~.._-- 201~). F LEGAL NOTICE SOUTHOLD TOWN ZONINt; BOARD OFAPPEALS THURSDAY JANUA~gY PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Coc[e Chapter 280 (Zoning),Town of Southold, the following public hear- 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 THURSDAY ,JAN- UARY 6. 2011: 9:30 A.M. 4170 INDIAN NECK }~]~[OJ~t$~a~ - Applicant requests a Special Exception under Arti cie 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. SCW/vIgl000 98 1 - Request for Variance from Code Sec- tion 280-13 and 280-15 and thc Building Inspector's September 29, 2010 Notice ol Disapproval based on an application for building permit to construction an accessory structure 1) proposed build- ing is not accessory to existing structure 2) accessory structure exceeding thc nlaximun~ 750 sq. ft. allowed pet code; al 43850 Main P.d. (SR 25), Peconic NY SCTM#1000-75 6-4 and BARBARA CAVALLO g6436 - Request for Variance from Code Sec- tion 280-15 and the Building Inspector's August 16, 2010 Notice .of Disapproval based on an application for building per- mit to construct an accessory in-ground swimming pool at; a location other than the code required rear yard, al: 28547 Main Rd, (SR 25) and Brown's Hill Rd (P, ,*ate Rd). Orient, NY. SCTMgI000- 10'.50 A.M. BARBARA SCURA- C_7~)3(]~i~-- Request for Variance from Article XXIII Code Section 280- 124 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 ~equired rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCTM#1000-70:13-10. I1:10 A.M. JOEL B. and JAMi FRIEDMAN ~ - Request for Vari- ance from Code Section 280-15 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 feet, 2) dormers at more than the code permitted 40% of the roof width, at: 830 Clearview Rd.(adj. to Cedar Beach Harbor). Southold, NV. SCTM#1000-89-3-11,5. 11'.30 A.M. WEST CREEK AVE. TRUST tTodchushl g6442 - Request for Variance from Article III Code Sec- tion 280 ]5 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application fo] "as built" accbssory in*ground swim- ming pool at; 1) location other than the code required rear yard. location: 1295 West Creek Ave., (Holden Ave) Cu- tcbogue, NY. SCYM# 1000-103 13 ~0 CHRISTINA VOLINSKI NOTARY POBLIC:.$1'ATE OF NEW YORg No. 01-V06105050 Qualified In Suffolk County Request for Variance from Cede Section 28046 (Bulk Schedule) and the Building Disapproval based on an application for building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required St., aka Railroad Ave., Mattituck, NY. prior meetings abd pending additional Adjourned from October 21, 2010: Adjourned from December 2,2010: The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hea~jng, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. F~les are av$ilable 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 emaih Vichi .Toth @Town.Snuthold.ny.us. Dated: December 6, 2010 ZON1NG BOARD OF APPEALS LESLIE KANESWEISMAN, CHAIR. PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-09~9 10.067-1T 12/23 · · Proper-T Permit Servtces P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge@suffolk.lib,ny.us Fax: 631-734-7463 TO: FROM: SUBJECT: MEMORANDUM DATE: 12/20/10 Vicki Toth - ZBA Office Jim Fitzgerald ZBA ~6441, Barbara Scura-Coyne, SCTM 01000-70-13-10 RECEZVED BOARD OF Appp..AL~ Here are the eight Post Office receipts (PS Fonn 3800), dated 12/18/10, for the adjacent prop- erty owner notifications. $2.8O O~ $2.30 . $0.00 :; $ $5.54 12/18/2010 /'s~''7° Evelzn L. Ber~.en I ~~omas G. BYrnes [orPO~ox~o.~t'~-~"t:X'~:F .......................................... 1200 Oakwood Drive: ......................... [ .....-J c~ _os.!?A~o~ G OrCa Byi:~f~'~ ................................ .... ~,------: ................. . ........ . .... . ...................... ~ l~?-'"~'~ 1 . ~ i~"??o'".?'.--_~.~:A..~...~.o~ ............ $0.44 $2.80 $2.30 $ Jean Quarry 860 N. Bayview Roa i PO'"~X-'-~'9 .......................................... I ~i:k~,F~CIAL USE $0.61 $2.30 $0.00 ru m Joseoh Knoll ;ton SC ~ ~:~M:; i A L U $ E $2.80 / ' $2.30 , ,o.oo Ce[tiffed Fee rtl ILl ~ Postage , $ $0.44 0~ $2.30 $ $5.5~ Thomas Tierney $0.44 $2.80 $2.30 $0.00 , $ $5.54 John L. Jerdan Proper-T Permit Servtces P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzgel~suffolk.lib.ny.us Fax: 63t-734-7463 MEMORANDUM DATE: 12/22/10 Vicki Toth - ZBA Office Jim Fitzgerald TO: FROM: SUBJECT: ZBA ~441, Barbara Seura-Coyne, SCTM 01000-70-13-10 I sent a copy of the notice to Jerdan at the local address. Documents are attached. Ceil[lied Fee '~2.~0 ~ T~I P~ge & Fees $5.5~ ~2/~10 John L. Jerdan ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of BARBARA SCIJRA-COYNE Regarding Mailing of Notice Concerning Applicant's Land Identified as ~tCTM #I000~7~-13-I0 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 18th day of Deeember, 2010, I personally mailed at the United States Post Of- flee in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to cur- rent owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Three USPS Certified Mall Receipts are attached herewith. Dated: December 21, 2010 Sworn to before me this 21st day of December, 20t0 ~t~aq PumiC, blare o~ ~ No. 01MA466761! Qualified in Suffolk Count'/ ,,~ Commission rr. xpires August 31, · Complete items 1, 2, and 3. Ns• complete ~em 4 If Restflcted Delivery Is deeimd. · Print your name and address on the reveme so tflat we can retum the card to you. · Attach this card to the back of the mailpie~e, or on the flont If space permits. J.V. Ferrara Revoc Liv Tr Joseph Knoll c/o Joseph Knoll 1427 Swamp Fox Lane _ qC 20412 [ Charleston [a/~ f 2. ,Nltcle Numbe~ Insured Mall [] Ex~ M~I [] Return Re~alpt f~? Me~handlse [] •.O.D. 7010 1670 0002 1166 5047 Ps Fo,m 3811, February 2O04 Domestic Return Receipt · Complete Items 1,2, and 3. AJeo ~4~te item 4 If ~ D~ive~ Is desired. ' · pflnt your name and addmss on the mveme so that we can retum the ~d to you. or on the front If spa~e permits. 1..Ntlale .Addressed to: Stepl~n H. Simmons 1160 Oakwoo4 Drive Southold NY 11971 7010 1670 0002 1168 5016 PS Fo~n 3811, February 2004 Dornest~ Retum Receipt · Complete Items 1,2, and 3. AJeo complete Item 4 if R,~b6.;~d Delivery Is dal~d. · Pflnt your name and address on the mveme so that we can return the oard to you. · Attaoh this ~d to the back of the mailplece, or on the front If <?,'e permits. Evelyn L. Bergen 1200 Oakwood Drive Southold NY 11971 , ~ Fo~ 3811, ~bma~ 2004 4. Reet~'~ed Dallv~ (J~'~a Fee) OYes 7006 1300 0001 7023 9661 Decemberl7,2010 BARBARA SCURA-COYNE: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-70-13-10 Barbara Scura PO Box 547 Southold, NY 11971 NOTICE SENT 1000-70-12-27 John L. Jerdan Donna M. Forte 234 Woodbury Road Huntington, NY 11743 1000-70-13-12.1 Thomas G. Byrnes Gloria Byrnes 980 N. Bayview Road Southold, NY 11971 !000-70-12-28 Thomas Tierney Madeline Tierney 127 Second Street, Apt D-2 Garden City, NY 11530 1000-70-12-29 StephenH. Simmons ll60OakwoodDrive Southold, NYl1971 1000-70-13-13 .lean Quarry 860 N. Bayview Road PO Box 269 Southold, NY 11971 1000-70-12-30 Evelyn L. Bergen 1200 Oakwood Drive Southold, NY 11971 1000-70-12-31 Anna Katsavos 1350 Oakwood Drive Southold, NY 11971 1000-70-13-9 JN. Ferrara Revoc Liv Tr Joseph Knoll cdo Joseph Knoll 1427 Swamp Fox Lane Charleston, SC 29412 1. Article .addressed to: Anna Katsavos 15S00akwood Drive Southold NY 11971 D. Is deilva~ ,~,~=== dlfremnt fa3m item 17 If YE~ enter delive~ eddrees below. ~E-iNo 2. AdZe Number 4. ~o~;~d Dellvefy?~2~ra~e) i_l ye~ ~~ 7008 1300 0001 7025 4336 PS ~ 3811, Febm~ ~ ~ R~m R~lm · C°mplete Iterns 1, 2, and 3. ,Nso complete · Print Y°ur name end address on the reveme · Attach this card to the back of the mallp/ece, °r on the fi'ont If space permits. 1. Art~cre Addre~ed to: Jean Quarty 860 N. Bayview Road PO Box 269 Southold NY 11971 2. Article Numbe~ ff YES, entel' delh~y address belo~,~ i-iNo r~ RI~'~~ered I'1RMum ~ f~. Memflandlse E3 Insured MaJJ [] O.O.D. 4. Reetn~ed Delivery? (~e Fee) ~'"'~?~'?,.m~n,~.~ 7010 1670 0002 1168 5085 PS Form3811,~bma~y2004 ~mestlcRetumRecel~ ~-ember 17, 2010 Revised: 12/22/10 BARBARA SCURA-COYNE: ADJACi~NT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER} 1000-70-13-10 Barbara Scura PO Box 547 Southold, NY 11971 NOTICE SENT 1000-70-12-27 John L. Jerdan Donna M. Forte 234 Woodbury Road Huntington, NY 11743 1000-70-13-12.1 Thomas G. Byrnes Gloria Byrnes 980 N. Bayview Road Southold, NY 11971 ! 000-70-12-28 Thomas Tierney Madeline Tierney 127 Second Street, Apt D-2 Garden City, NY 11530 1000-70-13-13 Jean Quarty 860 N. Bayview Road PO Box 269 Southold, NY 11971 1000-70-12-29 Stephen H. Simmons 1160 Oakwood Drive Southold, NY 11971 1000-70-12-30 Eve!ya L. Bergen 1200 Oakwood Drive Southold, NY 11971 1000-70-12-31 Anna Katsavos 1350 Oakwood Drive Southold, NY 11971 ADDED ON 1.2/22/10: The original mailing to John L. Jerden was returned by the Post Office as "undeliverable as addressed". At the request of the ZBA, a notice was sero, on 12/22/10, m: 1000-70-12-27 John L. Jerdan Donna M. Forte 910 Oakwood Drive Southold, NY 11971 1000-70-13-9 J.V. Ferrara Revoc Liv Tr Joseph Knoll c/o Joseph Knoll 1427 Swamp Fox Lane Charleston, SC 29412 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of B~ARA SCURA-COYNE Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-70-13-10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 29n day of December, 2010, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, January 6, 2011. Dated: January 6, 2011 Sworn to before me this 6n day of January, 2011. Notary Public NOTARY PUBLI~ . STATE OF NEW YORI( NO. 01HY61896g$ Proper- T Permit Services :~Post Office Box 617 Cutchogue, New York 11935 7010 1670 0002 1168 5030 11743 00( John L. Jerzd~ Donna M//Forte 234 W/o'odbury Road Hunt~gton, NY 11743 A [] INSUFFICIENT ADDRESS ~l~j ~IIpP ~ DsC r~ATTEMPTEDNOTKNOWN r-IOTHER [] NO SUCH NUMBER/STREET 4jJ NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD RETURN RECEIPT REO. UESTED Jo~ $ rd · e an H. Forte )odbur Road X [] Agmt a Addre~ D, IsdellveeJadd~dlffemntfmmltem 17 I-lyes If YE~, enter delivery address below, r-INo 4. Reebfcted Dellve~ (EX~a Fee) [] Yes 2. ~ Number 7010 1670 0002 1168 5030 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldmwn.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 I 179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 January 21,2011 James E. Fitzgerald Proper - T Permit Service P.O. Box 617 Cutchogue, NY 11935 Re: ZBA File#6441 - Scura-Coyne Dear Mr. Fitzgerald: 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 Toth Encl. Cc: Building Dept. NOT~CE COUNTY OF SUFFOLK Red PrOgerf¥ lax SeFvice Agency SOUTHOLD 1000 SECTION NO 07O PROPERTY ~JAP