Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6454
BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 REC. F.[VED ^p m :,5-7 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20, 2011 ZBA FILE #6454 NAME OF APPLICANT: James Connolly PROPERTY LOCATION: 5575 Sound Ave. Mattituck, NY SCTM# 1000-121 - 1-3.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 4, 2011 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 DETERMINATION: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: This property is a 44,294 sq. ft. parcel, improved with a one-story frame dwelling with attached decks. It has 230.02 feet of frontage on Sound Avenue, 435.11 feet on the eastern property line and 347.47 on the western property line, the property is triangular in shape, as shown on the survey dated January 4, 2010 prepared by Young & Young surveying. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit application for pomh addition to existing dwelling at; at less than the code required front yard setback of 50 feet. RELIEF REQUESTED: The applicant is requesting relief from the required 50 foot front yard setback to construct a 7 foot by 23.4 foot covered front porch at 43.78 feet from the front property line. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7, 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. There are other homes in the area that are set close to the Page 2 - April 20, 2011 ZBA Fi1¢#6454 - Connolly CTM: 1000-121-1-3.2 road, which is a heavily trafficked street. The agent for the applicant submitted a prior variance that was granted for a property two lots away. The proposed porch will considerable improve the looks of the existing house. 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. Due to the steep topography of the rear area of the applicant's lot, the home was originally located at the allowable front yard setback, close to the road. Therefore, in order to add a front porch without a variance the applicant would be faced with moving the home to comply with the current Zoning Ordinance,. 3. Town Law §267-b(3){b)(3) The amount of relief is not substantial based upon the older improved described lots in the area, most of which consist of larger parcels than the subject property with varied front yard setbacks. The proposed action is 12.4% reduction in present code requirements. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Storm water runoff shall be contained on site as per town code. 5. Town Law §267-b(3){b)(5) The difficulty is not self-created, the location of the existing house is such that any additions to the front will require relief from the current zoning requirements. 6. Town Law §267-b Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new roofed over 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 Goehringer, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the survey prepared by Young and Young dated 1/4/2010 and the two page plans date stamped received Feb. 1, 2011 labeled Proposed front porch addition to the Connolly residence front elevation and side elevation. 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 nonconformiO/. Vote of the Board: Ayes: Members Weisman (Chairperson), Homing, Goehringer, Dinizio, Schneider. This Resolution was duly adopted (5 -0). Approved for filing ~ {~/ /2011 SUFFOLK COUNTY EXECUTIVE '/?EP~ARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY February25,2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECEIVED 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Connolly, James ~ot~a.~?_~.-ry, Joyce & Robert North Fork Beach Condominiums Blackley, James & Kathleen Municipal File Numbers #6454' #6455 #6456 #6458 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 To: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 18, 2010 Updated: February 4, 2011 Catherine Mesiano for James Connolly 12 Mill Pond Lane E. Moriches, NY 11940-1222 RECEZVED FEB 1 4 2011 BOARD OF APPEALS Please take notice that your application dated June 10, 2010 For a porch addition to an existing single family dwelling at Location of property 5575 Sound Avenue, Mattituck, NY County Tax Map No. 1000- Section 121 Block I Lot 3.2 Is returned herewith and disapproved on the following grounds: The proposed porch construction on this non-conforming 44,294 sq. ft. lot, in the AC District is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards fbr granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are noncontbrming & have not merged pursuant to 280-10." For lots between 40,000 and 59,999 sq. fi., the required front yard setback is 50'. The proposed addition indicates a front yard setback of 43.78'. Authorized Signature To; FORM NO. 3 NOTICE OF DISAPPROVAL Catherine Mesiano tbr James Connolly 12 Mill Pond Lane E. Moriches, NY 11940-1222 DATE: June 18, 2010 Updated: November 23, 2010 FEB 0 1 2011 ~)ARD OF APPEALS Please take notice that your application dated June 10, 2010 For a porch addition to an existing single family dwelling at Location of property 5575 Sound Avenue, Mattituck, NY County Tax Map No. 1000-Section 121 Block 1 Lot 3.2 Is returned herewith and disapproved on the following grounds: The proposed porch construction on this non-conforming 44,294 sq. ft. lot, in the AC District is not permitted pursuant to Article XXlll Section 280-124 which states; "This section is intended to provide minimum standards tbr granting of a building permit tbr 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 40,000 and 59,999 sq. ft., the required front yard setback is 50'. The proposed addition indicates a front yard setback of 43.78'. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 18, 2010 To: Catherine Mesiano for James Connolly 12 Mill Pond Lane E. Moriches, NY 11940-1222 Please take notice that your application dated June 10, 2010 For a_~porch addition to an existing single family~ddyvelling at Location of property 5575 Sound Avenue, Mattituck, NY CountyTax Map No. 1000 - Section 121 Block I Lot 3.2 Is retumed herewith and disapproved on the following grounds: The proposed porch construction on this non-conforming 44~294 sq. R. lot, in the AC District is not permitted pursuant to Article XXIII Section 280-124 which states; FEB 0 1 201l ~OARD OF APPEALS "This section is intended to provide minimum standards ibr granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconlbrming & have not merged pursuant to 280-10." For lots between 40,000 and 59,999 sq. R., the required front gard setback is 50'. The proposed addition indicates a front yard setback of 43.78'. Authorized _.Signature N qT.q6, E S ~F..CEIVED ~ J~ J Ho~c~cl rt ¥o.ng, L~a ~111~ DATA A~ = '~4~q4 .~GL FEB 0 1 2011 n~OARD OF APPEALS FIN,AL MAP REVIEWED SEE 0E¢151OI DATED._~._ I~ .~ 'R. Vh-YOtR.'~ GL=RTIFIGATION 3Y ZBAI ~A~ T. GONNO~kY A~IL GONNOLLY ~Folk ~ount~, Ne~ York ~un~ T~x M~p v~t I000 ~tJ~ 121 a~k OI Lot ~¢ord oF ~vlslons ~ -- ' I I ~ECE~VEI~ FEB O 1 2011 |REVIEWED BY ZBAI 33'-4' FRONT ELEVATION Scale: 1/~' = 1'-0" PROPOSED FRONTPORCH ADDITION TO THE CONNOLLY RESIDENCE Mattltuck, New York ~JARD OF APPEALS EXISTING HOUSE (NO ~O~FICAllON) BY ZBA SEE iN # ~ DATED I ~-©l l ~ _ PROPOSED FRONTPORCH ADDITION TO THE CONNOLLY RESIDENCE SIDE ELEVATION Scole: 1/4" : 1'-0" James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 ~ECEZVED ~'~a ~D Ol~ APPEAi.~ Fee: $ Office Notes: Filed By:_ Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: 5575 Street SOUND AVENUE Hamlet MA'I-FITUCK SCTM 1000 Section 121 Block I Lot(s) 3.2 Lot Size 44,294 SQ.FT Zone District AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 6/18/2010 Owner as Applicant: JAMES CONNOLLY Mailing Address: 5575 SOUND AVENUE, MATTITUCK, NY 11952 Telephone: 631 298 8106 Fax: 631 298 5944 Emaih connollyjt@hotmail.com NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: CATHERINE MESlANO, INC. Address 12 MILL POND LANE, EAST MOIRICHES, NY 11940 Telephone/Fax: 631 878 8951 Mobile: 631 553 3992 Email: cmesiano@optonline.net Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 6/102010 FOR: X Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280-124 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal [] has X has not been made with respect to this property UNDER Appeal No. Year James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS FEB 0 1 ~3OARD OF APPEAL~ (1.) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: o The use of the property will not change o The occupancy of the property will remain as a single family dwelling o There will be no change in density in the neighborhood o A similar variance was granted for the property adjoining to the west (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: o The principal structure holds the required setback. o A smaller porch would not achieve the desired result (3.) The amount of relief requested is not substantial because: o The area of the variance requested is approx. 135 square feet o A similar variance was granted for the property adjoining to the west (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o The proposed covered porch will not cause there to be emission of light, sound or other forms of environmental pollution. Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, or (X) No. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: The principal structure holds the required setback. There is a sharp decline in the grade of the lot at the rear of the house that makes the front of the house more convenient for primary access Are there Covenants and Restrictions concerning this land: X No. Yes 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 comm/~'. ' y. ~thorized Agent / ' Sworn to before me this ,~ dayof (Notary Public) 2015. James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ZBA File # b~,~'~ Applicant: James Connolly Date Prepared: 11/22/2010 I, For Demolition of Existing Building Areas Please describe areas being removed: N/A H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: PROPOSED COVERED PORCH 7' X 23' 4" Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 16' 8" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessary) - Please describe building areas: PROPOSED COVERED PORCH 7' X 23' 4" Number of Floors and General Characteristics BEFORE Alterations: 1 STORY FRAME HOUSE Number of Floors and Changes WITH Alterations: 1 ~ECEZVED FEB 0 1 2011 8OARD OF APPEAL~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: APPROX 1800 SQ.F'D Proposed increase of building coverage: 1 64 SQ. FT. Square footage of your lot: 44,294 SQ.FT Percentage of coverage of your lot by building area: APPROX. 4.2% EXISTING; 4. _~%PROPOSED v. Purpose of New Construction: IMPROVE AESTHETICS AND FUNCTIONALITY OF STRUCTURE VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): THE PROPERTY HAS A 10% CHANGE IN GRADE FROM SW TO NE; SLOPING DOWNWARD FROM THE BACK OF THE HOUSE. 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 ! 0'0 o" IZ-S - QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject pre_noses listed on the real estate market for sale? Yes ~f~ No ~ there any proposals to change or alter land contours? No Ycs, please explain on attached sheet. RECEIVED FEB 0 ] 201 iIOARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? ['~ C) 2.) Are those areas shown on the survey submitted with this application? r} I a 3 .) Is the property bulk headed between the wetlands area and the upland building[r, area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~/~. Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~x 0 F, ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting.'? r'lO yl ¢ Please show area of the stmcturas on a diagram if any exist. Or state none on the above line. Do you have any constraction taking place at this time concerning your premises.'? 1~ 0 If yeS, please submit a copy of your building permit and survey as approved by the Building Department and please deserihe: Please attach all pre-certificates of occbpaney and certificates of occupancy for the subject promises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel? I~ If yes, please label the proximity of your lands on your survey. H. Please list present use oropemtions conducted at thisparcel ~l r~21~ -~Lrvt,lt/ aCO~-~l, rl.~ and the proposed use ~_rt~nr~,~_ ~,.~vl ~'ov~-~ tO0ccl~ · (ex: existing single family, ~oposed: same with garage, pool or oth~) ~thorized signature an RECEIVED PROJECT ID NUMBER SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTEB A~"TIONS Only ~Ye$ [-~1No ff yes, list agency ~me and perm~ / appiovet ~p~nt I S Name If ~e acorn ~ a C~s~l ~, and ~u ~ a s~ age.y, ~ A~ ~b ~ ~C~I ~sessment Fo~ be~m ~oc~dlng w~ ~ls assess~nt ~ECE~ED FEB 0 1 2011 P~OARD OF APPEALS .~A~._ Il - IMPACT ASSESSMENT ~To be completed b~ Lead Agency) I-I~. GOULD A~rlo~ RESULT IN ANY ADVERSE EFFECTS E. iS T~, OR I~ mERE LIKELY TO effe~ Should be AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~ECE~VED ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any s~ecial use permit, site plan approval, use variance, or subdivision approval o~ property within an agricultural distri~ OR wit&in $00 feet of a farm operaiion located in agricultural distri~ .411 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning ~n accordance with Sections 239~ m and239-n of the GeneralMunicipalLaw. 2) Address ofApplicant: ~'~ '.~a~ ~el ~ve. ~/~.~T~_~"~.t,~r_lt N Y I t94 6 3) Name of Land Owner (iF other than applicant): 4) Address of Land Owner:. 5)DescfipfionofProposedProjeet: O~ ~ ' '"] t ~ ~ ~el " t%t~t'e.~ ?orc~ . 6) Loeatioa of Property (road and tax map number): 6 7) Is the parcel within an agricultural distric/? [-]No ~]Yes If yes, Agricultural District Number 8) Is this parcel actively fanned? ['-~No [~]Yes 9) Name and address of any owner(s) 'of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (InfOrmation may be available through the Town Assessors O~ce, Town Hall location {765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbei~s on the Town of SouthoM Real Property Tax System. ~ame mad Address (Please u~ backside of page if more than six property owners are identified.) The lot numbers may be obtaine6~ in advance, when requested from either the Office of the Planning Board at · 76~L~38 or the Zoning. B~of. Appeals at 765-1809. Signature of Applicant Date Note.~ I. The local board will solicit comments from the own~s of land identified abe~e in order to cons/der the effect of thc pwposed acfio~ on ff0eir farm operation. Solicitation wilt be made by supplying a copy of this statement 2. Comments re/umed tO the local board will be taken into consideration as part of the owrall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sa~t by applicant and/or the clerk of thc board to the prope~y owners identil~ed above. The cost fo- mailing shall be paid by the applicant at the time the application is submitted for rev/ew. Failure to pay at 1-14-09 James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 APPLICANT TRANSACTION.g,L DISCLOSURE FORM ZBA File ~ECEZVED FEB 0 1 2011 ~.)ARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Catherine Mesiano NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat.__ Exemption from plat or official map Other (If "Other," name the activity. Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southoid Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a noncorporate 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 m'e t ,h Sub his 14"' da~2010 Signature/~~ ~ Print name Catheri' A . 'ne Mesiano APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~ECEI~ED FEB 0 1 011 ~:3OARD OF APPEALS The Town of So:thold's Code of Ethics orohibits coaflict~ of interest on thc oart of town officers and canoloYe~. The waroo~ of this form is to orovide informafioo which caa alert fl~e town of I~ossiblc co~flids of inm~ezt and allow it to iake whatever ~nl,~ i~ OCeessarv to avoid sarae. YOUR. NAME: (L~t name, first name, middle initial, u~less ~/ou are aiyplylng in the name of someone else or offer entity, such as a company, lf~o, indicate ~e ath~ NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Varlmce ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooclog Exemption from plat or official map Pl~,ning Oth~ (If"Other", nam~ th~ activity.) Do you pcraonally (or through yo~' company~ spouse, sibling, parent, or chiM) have a relationahip with any offi~e~' or ~ioyee of the Town of $oathold? "Relationship~' includes by blood, marriage, o~ busines~ interest. "B~sine.ss interest" means a including a partnership, in whida th~ town offi~r or ~nploy~ has even a partial ov~ership of(or emp!oym~m by) a corporation in which the town officer or employee owns more than 5% ofth~ shares. YES NO If you an sw~re~l "YES,, complete the balance of this form and date and sign where indicated. Name of person employed bY the Town of Southold Title or position of that Describe the r~iationship b~tw~e~ yourself(the app[ieant/agent/represen tative) and the town officer ~' employee. Either check the appwptiat~ line A) through D) and/o~ ~b~ in the s~ The town offi¢©r or employ~ or his or h~r ~, sibling, parent, or child is (d~e~k all that apply): A) tim ownea' o£ gl~,~"r than 3% of the sha~e~ of thc e~K~alc stock ofth~ applicant (when the applicant is a ~orpomtlon); B) th~ l~gal or beneficial own~ or,ny interest in a non-~oqaorate o'~tity (when the applicant is r~t a c~poration); __.C) an offi{~r, director, patlner, or ~nploy~¢ of the ~plicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ZBA File # FEB 0 1 BOARD OF APPF. AL~ 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# -! 21-1-3.2 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees ZBA 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CONSIRUCI 7' X 23'4" COVERED PORCH Location of action: 5575 SOUND AVENUE, MATflTUCK, NY Site acreage: APPROX. 1 Present land use: SiNGlE FAMILY DWEll_lNG Present zoning classification: AC ~ECEZVED James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000-121-1-3.2 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: JAMES CONNOLLY (b) Mailing address: 5575 SOUND AVENUE, MA'Iq'ITUCK, NY ! 1952 (c) Telephone number: Area 631 286 8106 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency?__ 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 Subject site is located in a developed area. Proposed activity addition of covered [porch only 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 The proposed project is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 3 has no relevance to the proposed action. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 4 has no relevance to the proposed action. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no to the proposed action. James Connolly 5575 Sound Avenue, Mattituck, NY SCTRM #1000~121-1-3.2 ZBA File # ~ECElrVED , FEB 0 1 ;~Oll ~1OARD OF APPEALS Policy 6. Protect and restore the quality and function of the Town of $outhold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 6 has no relevance to the proposed action. 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 It does not appear that Policy 7 is relevant to the proposed action. 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 It does not appear that Policy 8 is relevant to the proposed action. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 9 s relevant to the proposed action. 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 It does not appear that Policy 10 is relevant to the proposed action. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant the proposed action. EIVIED dames Conno]ly ZB^ File # 5575 Sound Avenue, Mattituck, NY FEB 0 1 20II SCTRM #1000-121-1-3.2 ~OARD OF APPEAL~ Policy ]2. Protect agricultural lands in the Town of Southold. See I,WRP Section H! - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy12 is relevant the proposed action. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to the proposed action. ~ECEZVED TOVO! OF SOUTHOLD BUILDING DEPARTMENT TOWN HAI~ i i . $OUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net FEB 0 1 2011 BUILDING PERMIT APPLICATION CHECKLIST D~ yo~ hayO or a~,l thc following, befo~ a~l~RD OF APPEALs Phumins B~rd PE~ NO. Building iusp~eto~ a. ~his app]inafion MUST I~ co~pletol¥ filled in by typewriter 0i in ink and ~ to the Building I~spe~°r wilh 4 b. Plot gmlnn nfllt a~d of buiidinl~on premisrs, relationship Io adjoining premises or public sire~ or c. The work covel~d by this applicalinn may not be c~mtm~ before:issuance of Bu!!diqg permit. _ dd Ul~n approvol 0fif~s appllcalinh, the Building InSl~ctor will issue a Building Permit to the appUcant,,$twh a permit shall be ~ on the p,,ea~ses available f~ inspeclion throughout the work. e. No building shal ,be occ.~ied or used n whole or m ~ for any purpus~ What so ever until the Building IiispeCt0r issues a Certifica~ of Occupancy. f. Every buildin~ perm{t shldi oxplre if thc work autho~xl has no~ commenced withth 12 montb~ ~er tim d~e of issuance or has not been completed witldn III months from such date. If no zoning amendmen~ or other regulations affecting thc propcn~ hiv~ ~ enacted in, t~O interim, th~ Buildin8 !m~ may authl~iz~, in wri~in~ lh~ ~x~xsio~ of the l~rmit for an addition six months. 'Flu~i~l~r, a r~w permit shall be required. APPLICATION IS HEREBY MADE to the Building D~l~x~ment f~ the issuance ora Building penni't pursuant to the Building Zon~ Ordtham~ of the Town of'Southold, Saff~olk Coumy~ New York, and oilier applicable Laws, Or ~an~c~ or ReffuJatio~, for ~ consix~linn ~f~ngs, additions, or a]~rah'ons or for removal or d~mollti0n ~s herein described. Thi app!ic~t agr~..~ qomt!~v with ali app!icabl~ laws, ordinances, building code, housing cod~, and regulations, and to admll authorized inspeclom on pr~m~s and in building for necessary inspections. (Signatu~ o~ applicam o~ ~sme, ifa co~pomtion) Olailing address o~ applicant) 0 State wbethor applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax~ll or latest deed) If appllcant is a ¢orporafian, signature of duly authorized officer (Name and title of corporate officer) Builders Lic~.s e No. , PI~ LiCense No, Electricians License No. Other Trad¢'s License No, 1. Location of land on which prgpos~l work will b~ done: House Number /~h-eet County Tax Map No. 1000 Section I ~ Block Subdivision I Filed Map No. Lot ~ECEZYED ' .' FEB012011 2. State e~Jsting use and occapan~ ofpremises~and int~nde~ ~ ~ ~' ' - : .... . ~ALS 3. Nature of work (check which aPP!ic, able): New Building Addition Repair Removal. Demolition Other Work 4. Estimated Ckm_ Fee 5. If dwellha~, number of dwelling uniis If garage, number of cars (Descrip~on) (To be paid on filing this application) Number of dwelling units on cash floor 6. Ifbusianss, commercial or mixed oceupaney, speeif~ unturaandextuntofeachtypeofuse. 7. Dimensions 9fexisting structures, if any: Front q/d- ~' Rear ~/~/. o;' Depth d~g. Height Number of Stories Dimensions of same,structure wit~ alterations or addifiorts: Front z/~, 3~ : Rear Depth '~ q. 3 / / ~. t. 3' Height' ~r NumberofStories. / 8. Dimensions ofuntire new annsmacfion: Front 0-q' Rear _~ ~4~ Depth Height Number of Stories 9. Sizeoflot:FruntO% q~ ~ t3a. a~ , Rear 6,0, ~ ~ Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are sitanted tO ~ 12. Does proposed unnsm:ction violate uny zoaing law, ordinanc~orregaialion?YES x' NO 13. Will lot be ro-graded? YES NO )c Will excess fill be removed from premisea? YES _NO 14. NamesofOwnerofpremise~ta~~Address ~sT~ ~ ~ PltoneNo. 0~qt Name of At~hittmt 0 Addregs Phone No Name of Contrac~r. Add,asa Phone No. 15 a. Is this property within 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 prop~x~ within 300 fe~t of a tidal wetland? * YES NO X *IFYES, D.E.C. PERMITS MAY BE REQUIRED. p.,~,-t.,~d ~ ,' l.~a' ~, f~ow 16. Provide survey, to scale, with accurate foundation plan ond distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and re~'a'ictions with re~ to this property? * YES __ * 1F YES, PROVIDE A COPY. t.,~/~ STATE OF NEW YORK) SS: COUNTY OF ,~dJ,~L) C~e-r~' ~ e.~ ~d~ysw~d~d~s~(s)~e~pl~ ~ of~ si~ con~) a~ ~, (c~, ~ c~ ~, m.) ~ of amd o~ or ~, ~ is duly a~fl~ to ~ er h~a ~M ~ ~d w~ ~d ~ ~ ~ ilia ~is ~; Sw~ to ~ mo ~ No~ Public ~ ~. ~1~ ~ Siam of ~pli~ JAMES CONNOLLY ~OARD OF APPEALS 5575 Sound Avenue · Mattituck, NY 11952 · (631) 298-8106 · fax (631) 298-5944 connollyjt@hotmail.com February 4~, 2010 ZONING BOARD OF APPEALS Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Reference: Application for Building Permit & Zoning Board of Appeals To whom it may concern: This letter is to authorize Catherine Messiano to make any and all applications to the Town of Southold on my behalf. Please contact me via e-mai/should you require any additional information. Very truly yours, TOWN OF SOUTHOLD PROPERTY"kE~ORD CARD OWNER FORMER OWNER Mp. TOTAL VILLAGE W o \ D~ST. SUB. FARM CON~M. CB. MICS. Mkt. Value DATE ,,.REMARKs ~o~ I FRONTAGE ON WAT~ FRONTAGE ON ROAD ~0 .~ · ~PTH ~ ~, ~ //a a BULKH~D //~ ~ L,~ID ilbble laaclland ou~e P~ ~tal COLOR ! TRIM Extemion Breezeway Ext: Walls :ire Place Type Roof Both' Floor~ Interior Finish H~t Rooms 1st FlOOr ROOm~ 2nd Floo~ Driveway Two TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Ol~ice Southold, i~. Y. ~,ECEIVED FEB 0 ~3OARD OF APPEALS Certificate Of Occupancy THIS CERTIFIES that the building located at . ]~/,1~, ~.o~1~. A~.~ ........... Street Map No.. X~ ....... mock I~o..X~ ...... Lot No;~O~. l~$t.$~.. ~..~ ~ .......... conio~s subst~fl~ly to ~e Application for B~l~g Pe~it h~ofore filed ~ ~ office dated ........... ~...~,., 19,?~. p~u~t to w~ B~d~ng Pe~it No.~... ~ted ........ ~...18 ...... 19~.., was issue, ~d ~nfo~s ~ ~ of ~e r~ men~ of the applicable prov~ions of the law. The occup~cy Io~ which ~ ce~icate ~ The certificate is issued to . of the aforesaid building. Suffolk County Department of Health Approval (owner, lessee or tenant) UNDERWRITERS CERTIFICATE No..l~..~.~.8..~..' ..... .D?.O....~..~.~.7..~ ................. HOUSE NUMBER ,..~?.8~. ...... Street .....11..o.~..d., .iy.$. .......................... Building Inspector T(~4N OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~ECEIVED FEB 0 1 011 ~OARD OF APPEALS ~EBTIFI~ATE OF No Z-24963 Date APRIL 3, 1997 THIS CERTIFIES that the building Location of Property 5575 SOUND AVENUE Eouse NO. County Tax Map No. 1000 Section 121 Subdivision M~TTITUCKr N.Y. Street Hamlet Block ! Lot 3.2 Piled Map NO. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 14~ 1994 pursuant to which Building Permit No. 22030-Z dated MAY 21 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXIST/I~ ONE FA~IL~ DWELLING ~ ~-PPLIED FOR. The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTY DEPART~NT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED JAMES T. & APRIL L. GONNOLLY Building Inspector Rev. 1/81 l~blnde~me, madethe ~ ~ d~of S~te~e;nine~hur~l~d~cl ~ ~ ~ELSA W. ~, residing at No Number, Sound Avenue, Mattituck, New York, ; ~ECE~/ED ~OAl:lO OF APPEAL~ i~tY of the first pan, and and R~ P. SOBBING, his wife, both residing at Two Park AvenUe, Northport, New York, the premises herein described on the north side of 'Sound Avenue, 3) North 72 degrees 49 minutes 20 seconds West 381.27 feet to a right having a radius of 83.50 feet a distance of 118.93 feet tO YOUNG & YOUNG 400 Ostrander Avenue Riverhea~, New York 11901 ~c~IVED BOARD OF APPEALS, 7klephone 631-727-2303 Facsimile 631-727-0144 adminOyoungengineering, com HOWARD W. YOUNG, Land Surveyor THOMAS C WOLPERT, Professional Engineer ROBERT C. TAST, Architect DOUGLAS E. ADAMS, ProfeMonal Engineer November 23, 2010 JAMES T. CONNOLLY at Mattituck, To~wn of Southold Suffolk County, New York SCTM No.: 1000-121-01-3.2 Existinu Lot Coverage Frame house Wood decks Roof over concrete Total 1,253 sq. ft. 583 sq. ft. 32 sq. ft. 1,868 sq. ft. 2.8% 1.3% 0.1% 4.2% Proposed Lot Coverage Frame house Wood decks Covered porch 1,253 sq. ft. = 2.8% 583 sq. ft. = 1.3% 163 SCl. ft. = 0.4% Total 1,999 sq. ft. = 4.5% Howard W. Young L.S. No.045893n Planning Engineering Land Surveying Architecture 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 February 15, 2011 Zoning Appeal No. 6454 Transmitted herewith is Zoning Appeals No. 6454 of Catherine Mesiano for James Connoliv - the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Catherine Mesiano Dated January 31, 2010, Notice of Disapproval from Building Department Dated June 18, 2010, Notice of Disapproval from Building Department Updated November 23, 2010, Notice of Disapproval Updated February 4, 2011, Copy of Application for Building Permit with Disapproval Dated 6/18/10, Authorization Letter from James Connolly to Catherine Mcsiano to Represent him in this Matter, 2 Page Copy of Property Record Card, Copy of Certificate of Occupancy No Z6844 for Private One Family Dwelling Dated January 8, 1976, Copy of Certificate of Occupancy No Z-24963 Dated April 3, 1997 for Deck Addition, Copy of Deed Between Elsa W. Morris and Guy and Ruth P Sobering Dated September 5, 1972, Letter from Young & Young Showing Existing Lot Coverage and Proposed Lot Coverage Dated November 23, 2010, Two Pages of Photos of Property, Two Pages of Drawings Showing Existing and Proposed Construction and Elevations, Copy of Survey Showing Existing and Proposed Construction Dated January 4, 2010 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/14/11 * * * RECEIPT * * * Receipt~: 97659 Transaction(s): 1 1 Application Fees Reference Subtotal 6454 $150.00 Check#:117 Total Paid: $150.00 Name: Arm, Craig M P O Box1675 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6454 ~THERINE MESIANO, INC.O 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 ~ECEZVED YE8 0 1 2011 · ~IARD OF APPEAL~ Re: James Connolly 5575 Sound Ave., Mattituck SCTM # 1000- 121-1-3.2 Dear Ms. Weisman: I am the agent for the above referenced applicant who is seeking relief from Article XXilI-280-124 for proposed construction of a covered porch having a front setback of 43.78' where a 50' front setback is required. Enclosed please find the application fee in the amount of $150 together with eight sets of the following: 1. Building permit application dated 6/10/10 2. Notice of Disapproval dated 6/18/2010 and updated 11/23/2010 3. Application 4. Authorization 5. Z.B.A. Questionnaire 6. Project description 7. LWRP Consistency Assessment Form 8. Transactional Disclosure Forms 9. Assessor's property card 10. Certificates of Occupancy 11. Survey 12. Plans and elevations 13. Statement regarding Covenants & Restrictions 14. Deed recorded 9/6/1972 at L7234 pg 353 which includes the legal description 15. Site photos 16. Application fee ($150.) Thank you for your consideration. y y,,.~ours, '~ A Enclosures New YGWT,. The £~q~m~.s of the Boa_~d are tha~. applicant wishes to use ~b ex/~tbu; foub&u~ which one o~ the B~tTd/ng ~nspe~.G~s foun~ to ~ IT WiS RBSGL~, Ruth & ~ Sober~, SoGn~ Avenue, Ve~e of ~-b Board~ A~e8=- Mea~s: Gfll~pte; ~f~f~Ls, Hu~se, I 000 - /2/- / - ~.4- ,~wmo~ YOUNG · YOUNG 4OD I~TNAND£# AVENUE, RI¥F. RHEAD, NE~ YORK GUY SOBERING 8 RUTH DOBERIN~ AT MATTI~CK ~ ~t~.eu~RA~ c~ SOUT~ uvmes ~ ~M SOUTHOLD M/NOR SUBD~II$10N RUTH SOBERING D4T~' F~'B. $~ 19)'$ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 7, 2011 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 1 t79, Southold, New York t t971-0959, on THURSDAY~ APRIL 7~ 2011: 11:20 AM - JAMES CONNOLLY #6454 - Request for Variance from Article XXlII Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit application for porch addition to existing dwelling at; at less than the code required front yard setback of 50 feet, at: 5575 Sound Ave., Mattituck, NY. SCTM#1000-121 -t -3.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vic ki. Tot h(~.Town. South old.ny.us. Dated: March 7, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CONNOLLY, JAMES # 6454 SCTM #: 1 000-121-1-3.2 VARIANCE: FRONT YARD SETBACK REQUEST: PORCH ADDITION DATE: THURS., APRIL 7, 2011 11:20AM 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http ://southtown.northfork.net March 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, April 7, 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 March 21st: 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 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 March 28th: 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 March 30th: 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 April 5th, 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 Encls. 10161 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 24th day of March, 2011. Principal Clerk Sworn to before me this day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OEAPPEALS THURSDAY APRIL 7, 2011 PUBliC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonlng).Town of Southold, the following public hea~ ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, £O. Box 1179, Southold, New York 11971-0959, on APRIL 7. ~011: 9.30 a.m. - ANNE R. BUNTING t~455 - Request for Variance from Art. XXII Code Section 280-i16A(1), Art. XXIII Section 28044 and Art. III Sec- tion 280-15F and the Building Inspec- tor's January 24, 2011 Notice of Disap- proval based on a building permit ap- plication for additions & alterations to existuig dwelling and construction of an accessory structure at; 1) at less than the code required setback of 100 feet from the top of bluf/; 2) Accessory structure at less than the code required setback of 100 feet from the top of bluf~ 3) less than the code required front ya?d setback o1 60 feet, 4) accessory structure at less than the code required front yard setback of 60 feet on water front property at: 2427 Isabella Beach Rd.,(adj. to Block Island Sound) ~ishers Island, NY. SCTM#1000 10-~-14.1 and 11 - 1-7,5. 10'.40 a.m. ~ JAMES and KARgIN ~WDy g645_7 - Request for Variance from Art. XXIII Code Section 280-124 and the Building Inspector's December 16, 2010 Notice o1 Disapproval based i on an application for bugding permit to construct accessory in-ground sw m- ming pool and pool house at; lot cov- erage of more than the code required 20%, at: 2855 Laurel Trail Laurel, NY. SCTM#1000-1254-24.9. 11:00 a.m. - DAISY M. FOLK g64~0 ~ This is a request for a Waiver of M~g' er under A~-ticle II, Section 280-10A, to unmerge land identified as SC'TM #1000-59-6-10, based on the Building Inspector's December 16, 2010 Notice of Disapproval, which states adjoining nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Residential Zone District) this lot is merged with lot 11. Property located at; 7599 & 7475 Soundview Ave., (adj. to 2 Private Rds.) Southold, NY. [ 11'.20 a.m.. JAME~ CONNOI,Ly ~ - Request for Variance from Arti- cie XXIII Code Section 280-124 and the Building Inspector's February 4, 2011 ~qoticc of DisapprovaI based on a build- lng permit application for porch addi- tion to existing dwelling at; at less than the code required front yard setback of 50 feet, at: 5575 Sound Ave., Matfituck, NY. SCTMgl000-I21-1-3.2. 11:40 am.. JAMF~S and KATH. ~ - Request for Variance from Att. XXII Code Sec- tion 280-116 and section 280-15 and the Building Inspector's January 19, 201i Notice of Disapproval based on an ap- plication for building permit to construct accessory in-ground swimming poo and existing shed at; 1) bulkhead setback of less than the code required 75 feet for the pool, 2) location other than the code required rear yard for the shed at: 415 Harbor Lights Dr. (adj. to creek or ca- nal), Southold, NY. SCTM#1000-71-2-4. PUBLIC-.STATE OF NEW yORk No, 0! -V-~ 05050 · '~v,~i~led in Suffolk Count'/ 12:00 o.m. - NORTH FORK COM- MUNIT'~ THEATER g6460 - Request for Variance from Art III Code Sectio~ 250-46 and the Building Inspector's De cember 1, 20t0, Notice of Disapproval based on an application for building per i mit for lot line change at; l) lot size less than the code required 20,000 sq. ft. per Bulk schedule in HB District, 2) less than the code required rear yard setback of 25 feet, 3) less than the code required side yard setback of 10 feet, at: 12700 Sound Ave. and 12605 Main Rd., Mattituck. NY. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Feb- mary 3, 2011: ZONiNG BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of JAMES CONNOLLY #6454 SCTM # 1000-121-1-3.2 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On theoI. Y~"-day of March 2011, I personally mailed at the United States Post Office in East MORICHES, NY, by CERTIFIED MAIL, RETURN RECE1PT REQUESTED, a tree 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 Assessors of the Town of Southold 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. /' CATHERINE MESIANO Sworn to before me thisq~ ~ ~"~ay of ~¢1~ ,2011. Notary I~lic post~ $ $0.6~ Certified Fe~ ~. 80 Return Re~:~ipt Fee '~2.30 (EndOrsement R~uir~) T~ ...... $5.?~ Guy Sobedng 434 Greenwich St Apt 4F New York NY 10013-2044 1000-121-1-3.4 Postage I ~$0'61 Certified Fee Return Receipt Fee (EndorSement Required) Rest cted Delivery Fee (Endorsement Required ~0 $5.?1 Suffolk County Dept of Planning s~ Att: B. Zahor 8ot~ ~100 cs Hauppauge, NY 11788 1000-121-4-10.2 Postage $0.61 Certified Fee $2.q. 80/~ TO . TrustS5.?1 ~, ~ecomc Land s..~ 296 Hampton Road ~i;~. Box 1776 /o~c Southampton, NY 11969 ~ 1000-121-1-1.7 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressed to: Peconi¢ Land Trust 29~ Hampton Road Box 1776 Southampton, NY 11969 100o-121-1-1.7 [] Agent [] Addressee C. Date of Delivery D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mall [] Registered i-1 Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? ~Ex~tra Fee) [] Yes 2. Article Number (Transfer from service label) 7001 2510 0004 1873 0784 PS Form 3811, February 2004 Domestic Return Receipt 102595~2~M-1540 ~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~ 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 mailplece, or on the front if space permits. 1. Article Addressed to: [] Agent X [] Addressee Received b Suffolk County Dept of Planning Att: B. Zaher Box 6100 Hauppauge, NY 11788 1000-121-4-10.2 2. Article Number (Trans,'er from sen~ice PS Form 3811, February 2004 7001 2510 __.~. Restricted D~livery? ~ra Fee) ~-t Yes 0004 1873 0791 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of /J (Name of Applicantg9 AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at /~ ~/~x~'~, t3 c~ - , New York, being duly sworn, depose and say that: Onthe ~"~ dayof )Qva.~,~ ,201! , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- Way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) daysorior to the date of the subject hearing date, which hearing date was shown to be ¢_omto befpre nile this Dayof ~[~( ,201( (Not r ._}¥blic) (Signature) BORIII£ 1. DOROS~{I ~lota~/Public, State Of New No. 01D06095328, Suffolk Count,/ Term Expires July 7, 20 ~ -- * near the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-90~4 February 7, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File # 6454 Owner/Applicant: CONNOLLY, James Action Requested: Porch addition, front yard setback. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie. ~A/eis~an /~, ZB Ct drper n BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 21, 2011 Catherine Mesiano, Inc. 12 Mill Pond La. East Moriches, NY 11940 Re: ZBA File#6454 - Cormolly Dear Ms. Mesiano: Transmitted for your records is a copy of the Board's April 20, 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. Sincer.~_~ t~_ Vicki Toth Encl. Cc: Building Dept. 1,5A(C)