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HomeMy WebLinkAbout6452 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RF_.CEI'9 F-D BO/kRD OF APPE/kLS TO: Patricia Moore for Helen Verity 51020 Main Rd. Southold, NY 11971 Date: November 17, 2010 Updated: January 19, 2011 Please take notice that your application dated August 24, 2010 For lot recognition at Location of property 865 Nokomis Rd, Southold, NY Tax Map No. 1000- Section 78 Block 3 Lot 26 Is returned herewith and disapproved on the ibllowing grounds: The subject lot is not recognized pursuant to Article Il, Section 280-9 which states: "A lot created by deed or Town approval shall be recognized by the Town if any of one of the following standards apply and if the lots have not merged. (1) The identical lot was created by deed recorded in the Sufiblk County Clerk's Office on or igl:'0~June 30, 1983, and the lot conformed to the minimum lot requirements set forth in the Bulk Schedule AA as of the date of lot creation." The deed/:hr the proposed subject lot was registered in the County Clerks Office on 8/25/83. Authorized Signature CC: File, Z.B.A. PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 FEB 1 5 To'. Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair ~'..~ Members of the Planning Board Date: February 9, 2011 Re: ZBA #6452, Request for Lot Recognition SCTM#1000-73-3-26 Zoning District: R-40 Location: Southold The Planning Board has received your request for comments regarding the above referenced application requesting lot recognition. The Planning Board requests that should the Zoning Board of Appeals grant the requested lot recognition a condition be made requiring the applicant to either apply to the Planning Board for a lot line modification to ensure that the existing house which would then straddle the newly recognized property line be addressed or that the existing house be removed. Should you have any questions or need additional information, please contact the Planning Department. Thank you. N/O/F KEVIN & NLIJAI~I HARDING 270. SURVEY OF PROPERTY A T LA UOHING ~rA TER TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000- ?'8-03-26 SCALE: I'--30' ~uou$~ ~, ~o~o .AS SHOWN ON "MAP OF sEcTION 2 LAUGHING -- LOT /-/.N.E_.-,-~--n ~OVEMBER 1, 1950 WATER U,A~r-~' o ._____.__ _ . a3'F~oPO~ LOT LtHE N. 84'21'00' E. -.~% .~, zTo.oo' ~ ZONING DISTRICT R40 sD'._ AREA = Z6,340 sq. H. N85 · =MONUMENT ~re 100.40' AREA=57,397 SO. FT. p A VEI,~N T / ~dECOMC ~ .~,~1~765_179 7 (6Jl) 765-5020 P.O. BOX 909 1230 TRAVELER STREET sou~o~D. ~.x .~,~ 10-192 RECEIVED JAN I 9 2011 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE~ARD OF APPEALS House No. 865 Street Nokomis Road Hamlet Southold ~:~, ~"~ SCTM 1000 Section 7.__~8 Block 3~Lot(s) 26 Lot Size 57,397 sq.ft.__Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 17, 2010 and January 19, 2011 BASED ON MAP dated August 18, 2010 Applicant(s)/Owner(s):__David Verity Mailing Address: P.O.Box 151, Southold NY 11971 Telephone: 765-4980 Fax #: Email:pcmoorel(~optonline.uet NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s),or X Autho'riZed RePreSeiftative, or ~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 18, 2010 (survey) and DENIED AN APPLICATION DATED August 24~ 2010 FOR: Provision of the Zoning Ordinance Appealed. Article 1I, Section 280-9 (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article II, Section 280-9: Property consists of two deeds: Northerly lot is 26,622 sq.ft., Map of Section 2 Laughing Water dated November 1, 1950. Southerly lot is 30, 775 sq.ft.. The Verity family purchased two separate parcels and developed both parcels with single family dwellings in the 1940's. The deed for the southerly parcel was conveyed by Cedric and Claretta Wickham in 1941, the Verity family took possession and control of the property & built a house on the property, however the deed was not recorded until 8/25/83. An Appeal is made for "lot recognition" Type of Appeal. An Appeal is made for: (X) A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of acces~ req~t'i~d by'New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section (X) Reversal or Other Lot Recognition A prior appeal has, ~ has not been made at any time with respect to this prop~e~rt~U..N.D_E_R Appeal No. Year_ (Please be sure to research befOre completing this question assistance.) None JAN 1 9 20U Name of Owner:Verity ZBA File ~OP, RD OF APPEALS REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA' VARIA'NCE R~EAsoNs: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The properties are shown on Map of Section 2 Laughing Water subdivision developed by Cedric H. Wickham and Claretta S. Wickham in the 1940's. The subject property appear on the subdivision map as two separate parcels, owned by the Verity family. HISTORY: The two properties owned by the Verity family were described parcels with meets and bounds descriptions which match the parcels shown on the Map of Section 2 Laughing Water subdivision map. The lots have historically been treated and maintained as separate and independent residential lots by the Verity family since the date of their original creation. The First property purchased was the southerly lot on 11/12/1941, the lot is on the corner of Nakomis Road & Hiawatha's Path. The 30,775 square foot parcel was purchased from Cedric H. Wiekham and Claretta S. Wickham by John Verity and Helen Verity. The Verity family built their home and detached garage on this parcel prior to zoning (1941-1944). The Verity family paid for the proPerty ~l'unk~'6wn to anyone the deed for the separate southerly parcel was not recorded at the Suffolk County Clerk. The deed was found (unrecorded) after Mr. Verity died and recorded on August 25, 1983. The northerly lot was purchas'ed afte~ the house parcel ( 4 years later) from Cedric H. Wickham and Claretta S. Wickham by John & Helen Verity on September 7, 1944 and recorded at the Suffolk County Clerk 1/22/46. The separate vacant parcel was purchased during the war and Mr. Verity built a small year round house in 1950. A barn was later built in the 1970's by Mr. Verity. This house, built prior to zoning, provided year round dwelling for a local family. The house remains occupied. The Verity family purchased two separate parcels, at different times, by separate deeds and developed each parcel with a single family dwelling. Two houses existed on two separate parcels and the Verity family intended that the parcels be separate. The assessors combined the parcels with one tax lot number when the Town first established tax cards in 1961. The Town records provide no explanation why the two properties were combined, particularly when the recorded deed description was for only one of the separate parcels. The property card may have been an error because the deed for the larger house (southerly lot) was signed .JAN 1 9 2011 BOARD OF APPEALS in 1941 but not recorded until 1983. The Assessors property card does not match the schedule "A" descriptions on the deeds. The Assessors should have corrected their property card in 1983 when the unrecorded deed was recorded. The two properties have always been held with separate deeds and continue to be held as separate parcels. The southerly lot would be "recognized" if the deed had been recorded prior to June 30, 1983. The original 1941 deed was recorded on August 25, 1983. The application before this Board would "recognize" the separate southerly parcel from the northerly parcel. The Iwo parcels are developed and have been occupied by two families since the homes were built. The two properties are the original parcels developed in 1941. In the neighborhood, there will be no perceptible change to the character of the community. (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 two parcels were created prior to zoning, f~is described parcels on the map of Laughing Water. Both lots were developed prior to zoning with single family dwellings, however the failure to record the original deed till 1983 affected the "recognition" of the pre-existing nonconforming southerly lot. The two parcels are developed and are larger then most of the lots of the Laughing Water subdivision. The Laughing Water subdivision is well established and the majority of the properties are developed. Because the houses were constructed in the 1940's without surveys the house on the northerly parcel encroaches on the deeded property line. If the lot is recognized then the dwellings could remain, unchanged, until the Verity family is ready to construct a new dwelling on the northerly parcel. Alternatively, the property line can be adjusted as the Zoning Board sees appropriate. If the variances are not granted the family will loose the benefit of two separate properties with two separate homes they have owned since the 1940's. (3) The amount of relief requested is not substantial because: The parcels have been developed since the 1940's and appear on the Map of Section 2 Laughing Water subdivision. In addition the roads in this subdivision were filed mapped roads since 1941. The two homes on the two parcels are the original homes and lots in this subdivision. Recognition of the parcel which dates back to 1940's is fair and reasonable. The Laughing Water subdivision, developed in the 1950% contains properties which are on average 15,000-20,000 sq.B.. The recognition of this property will maintain an existing condition. The property contains two single family dwellings and have provided a home to two families since the 1940's. ' :~ (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No The Verity family has owned two properties sin~e the 1940's without knowing that the Town of Southold did not recognize the existence of the separate southerly parcel. The Assessor's records did not conform to the deeds on record. The northerly lot was created by deed in 1944 and remains the same. Only as to the Southerly parcel, the deed was not recorded until 8/25/83 the Notice of Disapproval raises the issue of"Lot Recognition". As evidenced from the deed itself, the deed was signed and notarized in 1941. An injustice exists where merely failure to record the deed, signed in 1941, and developed with a single family dwelling, results in the "non-recognition" to the family of this parcel. The southerly parcel, in fact, exists. The surrounding lots (northerly and easterly lot) were sold off by C.H. Wickham in the 1940's. Wickham acquired all the land in 1935. On July 24, 1941 C.H.Wickham filed a map of the r~/ilds of Laughing Water. (See File Map #917) Thereafter he began to sell the individual lots which he had mapped. The Verity family was one of the first property owners in the subdivision and some of the first homes built in Laughing Waters subdivision. As was common practice, Wickham retained the title (deed) until the property was paid off. In this case the property was paid off but the deed delivered to Mr. Verity was inadvertently not recorded until it was discovered, unrecorded, after Mr. Verity died. According to the records at the Suffolk County Clerk's Office, the separate southerly Verity parcel remained in the title of Cedric & Claretta Wickham until 1983. The parcel dimensions remained unchanged and the surrounding parcels were sold off as follows: To the north) The original owner, Cedric H. Wickham and Claretta S. Wickham sold off the northerly parcel (northerly part 1000-78-3-26) to John and Helen Verity in 1944. The Verity family built a house on the parcel. To the east) The easterly parcel (1000-78-3-51.1) was sold to the Town of Southold in 1949(North Fork Housing Alliance developed the parcel for the affordable housing program in 1989). , As a described parcel, what remained of the 30,775 sq.ft., meets Article II, Section 280-9, the identical lot was created by deed(s) (surrounding parcels) recorded in the Suffolk County Clerk's office on or before June 30, 1983. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copy). 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 ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent RECEIVED BOARD OF APPEALS RECEIVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_David Verity___ Date Prepared: January 5,2011 I. For Demolition of Existing Building Areas Please describe areas being removed: none RECEIVED 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge) ls basement or lowest floor area being constructed If yes, please provide height (above ground) measured from natural existing grade to first floor: II1. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: n/a Number of Floors and General Characteristics BEFORE Alterations: 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: Square footage of your lot: Tax Lot # 1000-78-3-26 Total lot area 57,397 sq.ft. Deed of northerly parcel: 26,622 sq. ft. Existing House: 6730 sq.fl, with 330.89 accessory building Deed of southerly parcel: 30,775 sq.fl. Existing house: ~ 838.75 sq.ft, and 241.9 sq.fl. Garage Percentage of coverage of your lot by building area: for northerly parcel less than 4% Percentage of coverage of your lot by building area: for southerly parcel less than 4% V. Purpose of New Construction Requested VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 ~OARD OF APPEALS N SURVEY OF PROPERTY A T LA UGHING WA TER TOWN OF SOUTHOLD suFFOLK COUNTY, N.Y. ARE. A~26,622 SQ. FT 5 sHOWN ON "MAP OF sEcTION 2 LAUGHING _- -' WA/ER -------- Y . '- cO~C. 7o. oo' ' s - roo'w .o g3.g' AREA~.50,775 SO. FT 1000-?'8-03-26 ECALE' 1'--30' AUU"UST 18, 2010 '" JAN 1 9: ? BOARD OF APPEAL.$ · =MONUMENT AREA=57,397 $0. FT. ~ENT IrA TI-L4 ~ PATH ~Y t t ~ U,urr 49618 P.C, (6,,,=1) 765-5020 FAX (6`71) 765-1797 P.O. BOX 909 12.70 TRAVELER STREET SOUTHOLO, N.Y. 11971 l.~.~--l.c~., RECEIVED JAN ] 9 2011 BOARD OF APPEALS Iooo- '7 ~- .~- $ I. i !ooo- 78 - =3- aK SLEEPY 10.4 imm 10.3 m % HOLLOW SEE SEC. I~. 0?6 10.12 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the st~.~t premises listed on the real estate market for sale? ~ Pffe there any proposals to change or alter B, t[~]N° ~Yes, please explain on attachedsheet.land contours? C. I) Are there areas that contain sand or wetland grasses? [x,~ 2) Are these areas shown on the map submitted with this application? ~ ~ ~ 3) Is the property bulkheaded between the wetlands area and the upland building area~.~'~ ~.~ 4) If your property contains wetlands or pond areas, hav, ex~,ou~l~ontacted the office of the Town Trustees for its determination of jurisd, h:xt~n,~,~.~? '~'~ Please confirm status of your inquiry or application with the Trustees: ¥~ ~I-'X ' 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? E. Are there any patios, concrete barriers, bulkheads .o[~at exist and are not shown on the survey map that you are submitting?~,~,~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy o£'vo~r building permit and map as approved by the Building and describe: Department G. Do you or any co-owner also own other land close to this parcel? '~' 0o.,v~z~lf yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ('~ '~'6b,~ '? 0~Una and proposed use ~ ¢~-.~ ~a~C~L D~../~O,.~ ~¢-xff~g: single-family: proposed: same with ~ . ~~c~_J" ~'~'~~~x ~ I ~.~ ~ ~ or pool, orotherdescrip~on.) garage ~ignature and Date 2/05; 1/07 ' R~C~IV~D BOARD OF APPEALS PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) '[ 1 APPLICANTISPONSOR I 2. PRGJECTNAME SEQR 5. IS PROPOSED ACTION: [] New [] E.xpanslon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUN"r OF LAND AFFECTED: WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIC"FION~? [] Yes ~ No Il NO, describe brfefly WHAT 15 PRESENT LAND USE IH VICINITY OF PROJECT7 E] Agdcullute 10. DOES ACT{ON INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GO .VEt~I~ ENTAL AGENCY (FEDERAL iD Yes ~No If yes, list igency($) and permlt/ap~rov~t~ 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ~No ,, 7-.. ,,., .~..~ .,.. .nd .m,,U.pp,o.., BOARD OF APPEAL~ 12. A~ A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yea I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE I$ TRUE TO THE DE~T OF MY KNOWLEDGE If the action Is in the Coastal Area, and you ere a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAaLISHMENT OF A CEA? --~ Yes [] NO E IS THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Ye~ [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it i~ substantial, large, important or otherwise significant. Eact~ effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; irreveraibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identtfie~ and a(~eduate~y addressed. If- question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed actimn on the environmental characteristics of the CFA. [] Check this box if you have identified one or more potent)ally large or significant adverse im'~?cts wtticn MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on atfachments as necessary, the reasons supporting this determination: APPI,ICANT TRANSACTIONAl, DISCI,OSURE FORM (FOR SUBMISSION BY OWNER andOWNF. R'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on thc 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. (l,ast name, fiv,~ name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so. indicate the other person or company name) NATURE OF APPI,ICATION: (Check all thai apply.) Fax Grievance Special Exception [ f "Other". name the activity:  RECEI¥ Change of Zone Approval of Plat 'J~N Exemption from Plat or Official Map Other BOAR[) 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, inctuding a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the baiance of this Ibrm and date and sign below where indicated. Name of person employed by the Town of Southold: Tifie or position of that person: Describe that relationship between yourself(the applicant) and the l'own officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. I'he 'I o,,,.n officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): DESCRIPTION OF RELATIONSHIP A) thc owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation): B) thc legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant: or I)) thc actual applicant. Submitted this,~ Signature: ~ Print Name: ~ to-cc) TO~ OF SO'HOLD BOARD OF APPEALS SO0 feet Of S~m~t ~.b~ r~a ~ ~ S~. ~ D~ of P~n~g ~ ~c~r~e ~ sedans 239~ JAN 1 9 2011 2) ~ddri~ of APpti.e~t: . .,' ... . 3)NameofLand'Ovcd.erOfotherthanappli°~mt).:~-k-er"-Ct~3 'q -~..e_ t:f-~ . ' ~BIZ~ 9Ira"lib' 4) AddmssofLmdOWner:2 . .,. ~ . t. t 5) DcscriptJ.O~0fProp0sedProjece_, . [.e/~4~l ~/~.oe~ Zv¢' r,t't'~.q~,/z¢;o . . ... S) :hQ~ p~l'act~feXy ~e67~o ~y~' .. . ' 9) Nme and ~ 'of my om~s)'of lind ~ ~e a~t~l .~s~ct minlng ~vc ~ ~tion(s) 'l~at~ 5~"f~t af ~e ~md~ .of.~ ~ pmj~t. ~fom~on m~ ho a~l~le ~o~h ' ~e To~ ASs~som Offim,.Tom H~I l~afi~ (7~5-1937) o~. ~m ~y publ-ic ~o~ at ~ Tom' Ha~ l~afi~z by. ~.c~ ~ ~*! numb~ on. ~e Tom of Sou~old Rml Pmp~ T~ Sysm · ' ',~J...a~'~a~/t.Address (Please us~back st~le ~f'ps.~ ifffi:ore ~ s~ p~p~ om~ ~e i~.) ' · ..... , . .. ~ote' ' ~ · ' ' ' ' ' ' ' 3- ~e blerk to ~o Io~ bo~rd ~ r~blb ~ a~ding ~l~ of ~c.~[~ ~c~ D~ S~ to ~c ~p~ o~m mtoh time ~ ~e a~li~on igno~ ~[ete ~d ~ot ~ aet~ ~ by ~e bo~d, 1-14-09 VERITY; SCTM; 10{~0-78-3-26 HOUSE; NORTH SLIDE Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVE.~ BOARD OF' APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, 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 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. I-~ BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital "~ construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: ! (c) Telephone number: Area Code ( ) "~ (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- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section llI- Policies Pages 6 through 7 for evaluation criteria [~ (Not Applicable- please explain) Yes No Attach additional sheets if necessary NATURAL COAST POLICIES ' Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~' (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No ~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section I11 - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [-~ No ~] (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section Ill - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - policies; Pages 34 through 38 for evaluation criteria. Yes [--'] No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary 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 evalnation criteria. Yes [~ No~ Not Applicable- please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No~ Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable- please explain TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20 Approved 20__ Disapproved a/c /(//-..z[eO~g(.// Expiration ,20 BUILD~I~ PERMIT APPLICATION PERMIT NO. CHECKLIS ~ Do you have or need the following, before applying Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. ~) '~?~ Trustees ~r ~.~C~..3.~ ~ Contact: ~-'~' Mail to' Building Inspector AUG 2 4 2010 Date ¢~ __),0 ~L.~// INSTRUCTIONS, ' a. This appJ~tt~l~.~ be coml~tely filled in by typewriter or in mk and submitted to the Buildin Ins e with 3 sets of a~9. nec?~'~r~,fplan to scale. Fee according to schedule, g p ctor b. Plot plan showing location of lot 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 be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after 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 of 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 ora 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 applicant 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, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on tl~tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on wh, ich ,mioposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) mock 3 Filed Map No. 2. State existing use and occupancy of premises and intended use and qccu~an, cy of pro. posed construction: a, Existing use and occupancy ,~ ~..>Zr-~ FO~..e~?'C) r__.o/- c:~ b. Intended use and occupancy c=~ /-----d;/'~ 3. Nature of work (check which applicable): New Building Demolition 4. 5. Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front ~ Depth Height. Number Of Stones Rear 8. Dimensions of entire new construction: Front Height Xlumber of Stories Rear ~ Depth .- , 9. Size of lot: Front Rear Depth : ...... 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__ NO__ 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 Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERIvlITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED, 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF~(_~SS: f~Ti.C~..t_' ~ ~9-"O-~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (C~e Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swormta before me this ~ day of ]/-] ~ (r~ Signature of Applicant PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631 ) 765-4643 RECEI~/ED BOARD OF APPEALS January 19, 2011 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: DAVID VERITY Premises: 860 Nakomis Road, Dear Chairman Weisman and Board members: With reference to above, of the following: Southold enclosed please find an original and 7 sets 1 Notice of Disapproval updated January 19, 2011 Application together with authorization Applicant's project description and Questionnaire Transactional Disclosure form Survey dated 8/18/2010 showing 2 deeded parcels Agricultural Data form Town property card . 8. LWRP form (1) 9. Environmental Assessment form 10. Pre-C.O. for house & cottage and C.O. for accessory storage building 11. Copy of subdivision map 12. My clients check in the amount of $600.00 representing the filing fee. Please place this matter on your next available calendar. Thank you and please questions. encls. do not hesitate to call should you have any ~e~y truly yours, P~tricia C. Moo~ RECE[VED,,D,,D ~, JAN ! 9 ~011 BOARD OF APPEALS David J. Verity Barbara Verity PO Box 151 Southold NY 11971 December 10, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, David J. & Barbara Verity, authorize you to make any and all applications and appear on my behalf to the Southold lown Zoning Board of Appeals, Suffolk County Department of Health Services and any other necessary agencies on our behalf regarding properties located at 860 Nokomis Road, Southold (sctm: 1000-78-3-26) Barbara Verity FOR~ NO. 4 TOWlq OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY RECEIVED JAN 1 9 201 BOARD OF APPEALS NO: Z- 34791 ILate: 01/10/11 THIS U~i~TIFIES that the building DWELLING AND COTTAGE Location of Property 865 NOKOMIS RD SOUTHOLD (HOUSE NO.) (STREET) (HA~4LET) County Tax Map No. 473889 Section 078 Block 0003 Lot 026 Subdivision Filed Map No. Lot NO. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OC~UP-q--NC%~ iN~.11~13]~]~ Z- 34791 dated JANUA=Ry 10, 2011 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 ONE FAMILY DWELLING WITH 2 COVERED PORCHES AND ACCESSORY COTTAGE.* The certificate is issued to DAVID J VERITY of the aforesaid building. ( OWNER ) SuFfOLK CODI~I"fDEPARTMENT OF~THAPPRO~q%L BI/~t-r~IfAL C~RTIFIC3%TH NO. PL~ CERTIFIC2%TION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N/A N/A N/A ~/ri/ Sig~ture BUILDING pEPASRTMENT TOWN OF SOUTHOLD BOUSING CODE INSPECTION REPORT 865 NOKOMIS RD N~ OF O~ (S): DAVID J VERITY OCCI]PANf~f: ONE FAMILY DWELLING MAP NO.: LOT (S) DAVID J VERITY ~ RECEIVED BOARD OF APPEALS VIOLATIONS: C~APTER 45 N.Y, STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. R~ARKS: BP 36135 STG BLDG COZ-34789 BUILDING DEPA/{TMENT ~OWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT SOUTHOLD MAP NO.: LOT (S) DAVID J VERITY RECEIVED BOARD OF APPEALS BATHROC~ (S): 1.0 TOILET P.O~(S): 0.0 ~TILIT~ RO(~M(S): ~]~((3{ 1~/~: DF/ ~: PATIO ACCESSORY STRUCTURES: VIOLATIONS: CPLAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. DAT~ (~ ]]~SPECTI(~: 12/15/10 START: Form No. 6 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application mUSt be filled in by typewriter or ink and submitted to the Building Depa~ment with the following: A. For new building or new use: 1. Final survey °f ProPertY with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. ofwatex supply and sewerage-disposal (S-9 form). 3. Approval of electrical instalintion fi'om Board of Fire Underwriters. . 4. Swora statement from plumber certibfing ~hat the aolder used in system contains less than 2/10 of 1% lead.. 5. Commercial building, indus~al building, multiple residences and Similar buildings and iustallatiom, a certificate of Code Compliance from architect or engineer responsible for the building. 6, Submit Planning Board Approval of ~ompleted site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and ~'pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A pr°perlY c°mpleted application and consent to iuspect signed by the applicant, if a Certificam of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant (L Fees 1. Certificate of Occupancy - New dwelhng $25.00, Additions to dwellIng $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre,existing Building - $100.00 RECEIVED 3. Copy of Certificate of OcCupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 · New Construction: Location of Property: House No. Street .Owner or Owners of.Property:. [:}.~.~ ' V~-~ 'suff°lkC°untyTaxMapN° 1000, Section.. '~5~ ] Block- * z ,¢ff0Filcd Map Date. Old or Pre-existing Building: ~<~ (check one) ~5--o2" i(~OARD OF APPEALS Hamlet Lot Permit No. Date of Permit. Health Dept. Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ Applicant: Underwriters Approval: Final Certificate: -- Applicaj~Signati~ ,~ORM NO. 4 No: Z-34789 TOWN OF SOUTHOLD BUILDING DEP~RTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPA~NCY R~CEIVED JAN 1 9 201I BOARD OF APPEALS Date: 01/10/11 T~IS C~TIFIES that the building ACCESSORY BUILDING Location of Property: 865 NOKOMIS RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 78 Block 3 Lot 26 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 10, 2011 pursuant to which Building Permit No. 36135-Z dated JANUARy 10, 2011 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 ACCESSORY STORAGE BUILDING AS APPLIED FOR. The certificate is issued to DAVID J VERITY of the aforesaid building. (OWNER) CO~YDEP~T~T OF }~AL~{~PRO~]%L ~.RcrRICA~ CmTIFICA~ NO. CERTIFICATION DA'rw~3 N/A N/A N/A Rev. 1/81 TOWN OF SOUTHOLD OPERTY RECORD CARD OWNER ES.~/''/ SEAS. LAND VILLAGE VL. FARM COMM. IMP. TOTAL DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT 6O lIND. 1 CB. [MISC. Est. Mkt. Value DATE REMARKS Farm 'illable 1 'illable 2 'illable 3 Voodland wampland~.~ rushland {ou, se Plot 'oral NORMAL Acre BELOW Value Per Acre ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Value Ext. Walls ~/~/~1~ Interior Finish ~, 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 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 20, 2011 Zoning Appeal No. 6452 Transmitted herewith is Zoning Appeals No. 6452 of Patricia Moore for David Verity - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Copy of Application for Building Department Dated November 7, 2010, Notice of Disapproval from Building Department Dated January 19, 2011, Cover Letter from Patricia Moore Dated January 19, 2010, Authorization Letter fi.om David & Barbara Verity to Patricia Moore to Represent them in this Matter, Copy of Pre Existing Certificate of Occupancy No Z-34791 for a One Family Dwelling with Accessory Cottage Dated January 10, 2011, Copy of Housing Code Inspection Report Dated December 15,2010, Copy of Housing Code Inspection Report Dated January 10, 2011, Copy of Application for Certificate of Occupancy August 2, 2010, Copy of Certificate of Occupancy No. Z-34789 for Accessory Storage Building Dated January 10, 2011, Copy of Property Record Card (Both Sides), Copy of Survey of Both Properties as they Exists Dated August 18, 2010 Prepared by Peconic Surveyors, Copy of Tax Map Showing Parcels and Explaining Transfer of Deeds, Copy of Tax Map Showing Properties Dated May 27, 1957. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/19/11 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6452 VERITY, David 1613 $600.00 JA~ 2 0 ~011 ~..,6~,hl~l T~wn Clerl $600.00 . BOX t5'I 11971 i613 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/20/11 * * * RECEIPT * * * Receipt#: 96818 Transaction(s): 1 1 Application Fees Reference 6452 Subtotal $600,00 Check~: 1613 Total Paid: / $600.00 Name: Verity, David J. P O Box 151 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6452 04/01/2011 12:32 HOORE LAN OFFICES (~A,~317654643 P.001/001 Attn: Le$1is W~is~n Zoning Board of Appeals Town of Southold Main Eoad PO Box 1179 Southold NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road South&d, New York 11971 Tel: (631) 765-4330 Fax: (631) 765~4643 April 1, Re: DAVID VERITY Premises: 860 Nakomis Road, Area Variances Southold Dear Chairman Weisman and Board members: In accordance with our discussions at the March 3, 2011 hearing and further discussion with the Building Department, it was determined that a different approach mu~% be %aken in order to achieve my client's ultimate goal of maintaining his two properties. I had prepared the application for area variances and it was my intent to file an application for area variances at the time I filed appeal 6452 for lot recognition, however, the building department, in good faith, advised and directed me to apply for lot recognition only. Following the building department's directive, my client now faces $2,500 new application fees. I would respectfully request that the application fees for the area varlances be grandfathered to avoid extrsme financial hardship. The facts remain the same as heard in appeal #6452, the lot recognition application is being withdrawn, and the application fee for #6452 will be credited toward this application. If acceptable with the Board, enclosed is an additional $600 fee pursuant to the old fee structure. Thank you for your courtesies. V.~ yours, ~--Fatricia c. Moore encls. Page 1 of 1 From: Toth, Vicki Sent: Wednesday, March 30, 2011 11:48 AM To: 'Patricia C. Moore' Subject: Verity application Pat - I spoke with the Chairperson regarding your request and this is her reply; The Chairperson would like your request in writing (you can use e-mail or fax) stating that based on your understanding and discussion with the building department that a different approach needs to be taken on this application. That you are amending the application and since it was originally filed prior to the fee change you are requesting that this application be grandfathered in under the old fees. This would avoid a financial hardship to your client, to be allowed to amend the current application and use prior fee structure for the amended application. So the fee for the amended application will be $600.00. Please get this request in as soon as possible, along with the request withdrawing the original application. Thank you, Vicki Toth Board of Appeals Town of Southold 631-765-1809 ext.5011 Fax - 631-765-9064 email - vicki.toth@town.southold.ny.us 3/31/2011 NO: Z- 34791 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY RECEI~ ~ MAR .~ 20!1 BOARD OF APPEALS Date: 01/10/11 THIS CERTIFIES that the building DWELLING AND COTTAGE Location of Property 865 NOKOMIS RD (HOUSE NO.) County Tax Map No. 473889 Section 078 Subdivision SOUTHOLD (STREET) (HAMLET) Block 0003 Lot 026 Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which C~KTIFICATE OF OCcuPANCY ND~ER Z- 34791 dated JANUARY 10, 2011 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 ONE FAMILY DWELLING WITH 2 COVERED PORCHES AND ACCESSORY COTTAGE.* The certificate is issued to DAVID J VERITY of the aforesaid building. (OWNER) SUFFOLK CO UNTYDEPARTI~NT OF IflF, ALTHAPPROVAL ELEt-rRICAL CERTIFICATE NO. PLI~WB~ C~U~TIFICJ%TION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N/A N/A N/A ~A'/~ture RECEIVED BOJ, RD OF APPEALS aa~(s): ~. o $'k9'k~gL LAUGRING V~ATIE R SOUTHOLEI L.I.,NP, SECT]ON NO. 1 SOIiTNOLn L~ I ,NY. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 3, 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 t 179, Southold, New York 11971-0959, on TH U RSDAY~ MARCH 3, 2011: 11:45AM - DAVID J. VERITY #6452 - Request for Variance under Article II Section 280-9 and the Building Inspector's November t7, 2010 updated January 19, 2011 Notice of Disapproval based on an application for Lot Recognition, which states the identical lot was created by deed recorded in the Suffolk County Clerk's Office on or before June 30, 1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: February7,2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: VERITY, D. # 6452 SCTM #: 1 000-78-3-26 VARIANCE: SUBDIVISION - 2 LOTS REQUEST: LOT R NITION DATE: THURS., MARCH 3, 2011 11:45 AM If you are in.terested in this project, you may review the file(s) prior to the hearing dur, ng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID J. VERITY (Name of Applicant) SCTM Parcel #1000-78-3-26 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: .~,, On the~l'-~ d~y (~f February, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal No, tice in prepaid envelopes addressed to current owners shown on the current assgSSment roll verified from the official records on file with the ( X ) Assessors, or ( ) County iS, e'~l Property Office , 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. ~Signature~ J f BETSY PERKINS Sworn to before me this /~' 7¥¢ ~d~.~ of February, 2011 / (N~otary Public) MARGARET C. RUTKOWSKI Notary Public, State of New Yorl( No, 4982528 QUalified in Suffolk Count~. ........ C.~omrn~sior, i ExRires June 3, "'~ O //d ; ~ ~ ' ~-L~-~- ,SI, on [ne DaCK Of this Aff~it:b~'.'.0n .a,' ~,fiee[ of, paPer, the lot numbers next to the owner names and addresses for whi~:h hbtiCes'were mailed. Thank you. DAVID J. VERITY NEIGBHOR LIST 1000-78-3-26 NICHOLAS J. GIBBONS 8 GARD1NER PLACE HUNTINGTON STATION NY 11746 SCTM: 1000-78-3-25 ANDREW W. HARBIN 1040 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-16 SUSAN MACKENZIE PO BOX 1940 SOUTHOLD NY 11971 SCTM: 1000-78-3-51.1 MICHAEL & JOAN COLAVITO i98 DERBY STREET E. WILLISTON NY 11596 SCTM: 1000-78-3-27 RICHARD HOCKANSON 1635 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1000-78-3-18 FRANCES MORAN 850 NOKOMIS ROAD SOUTHOLD NY 11971 SCTM: 1 n00-78-3-17 RECEIPT 7~92 64~3 3~o oooo 8627 FROM: Moore Law Office TOTAL $ 5.54 POST~RK OR DATE RECEIPT FROM: FEES: TOTAL $ 5.54 rw'~,e'ru~-~ ~'R DATE RICHARD E. TRIPP FAITH TRIPP, TRUSTEE 910 WABASSO STREET SOUTHOLD NY 11971 SCTM: 1000-78-3-50.1 RECEIPT RECEIPT FROM: FROM: SEI ~}-TO: ' --~,. SE,ND`TOt c~a ,' F.,E~ MO 230 TOTAL $ 5.54 TOTAL $ 5.54 POST~RK OR DATE POSTMARK OR DATE RECEIPT FROM: TOTAL $ 5.~ POS~RK OR DATE RECEIPT FROM: RECEIPT FROM: TOTAL $ 5.54 POSTMARK OR DATE SEND TO: ' - . FAITH y~P. T~USTEI~ TOTAL $ 5.54 POST~RK OR DATE MOORE LAW OFFICE 4, Restricted Delivery? 3. Service Type 51020 MAIN ROAD ' I (ExtraFee) [-'~Yes CERTIFIED '--' I SOUTHOLD NY 11971 ~ Article Number I 7192 6463 3110 0000 8658 IIIIIIIIlllllllllllllllllllllllllllll Receiv~c~'By'. (Please Pri~'lt Clearly) I 7192 6463 3110 0000 8658 Date of Deli; 1 0 2011 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivery or [3 Agent) 1. Article Addressed To: FRANCES MORAN 850 NOKOMIS ROAD SOUTHOLD NY i 1971 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 8627 7192 6463 3110 0000 8627 1. Article Addressed To: NICHOLAS J. GIBBONS 8 GARDINER PLACE HUNTINGTON STATION NY 11746 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? /3. Service Type I 21Z Article Number 7192 6463 3110 0000 8634 7192 6463 3110 0000 8634 1, Article Addressed To: USPS - Track & Confirm Page 1 of 1 ~ UNITED ST,~TE5 PO~T~. ~ERVICE* Home I ~ I Sion In Track & Confirm Track & Confirm FAQs Search Resul~ Label/Receipt Number: 7192 6463 3110 0000 8672 Service(s): Certified MailTM Status: Notice Left We attempted to deliver your item at 9:04 am on February 15, 2011 in WILLISTON PARK, NY 11596 and a notice was left: You may arrange redelivery by visiting www.usos.cem/redeliverv or calling 800fASK-USPS, or may pick up the item at the Post Offica indicated.on the notice. If this item is unclaimed after 15 days then it will be returned to the sender· Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: · Notice Left, February 15, 2011, 9:04 am, WlLLISTON PARK, NY 11596 · Arrival at Unit, February 15, 2011, 8:42 am, WlLUSTON PARK, NY 11596 Notification Options Track & Confirm by email Get current event information or updates for your !!em sent tO you or others by emaiL Track & Confiml Enter Label/Receipt Number. I Site MaD CuStOl~Or Service [Orals GOV/ Sea,'ices ~21eer$ Pdvac~ Policy Terms of Use Business Customer Gateway Copyright~ 20t0 USPS. All RightS Reserved. NO FEAR Act EEO Data FOIA ~ ~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: (DAddresseeor[~Age~t) Received By: (Please Print Clearly) C, Date of Delivery 4. Restricted Delivery? 3. Service Type (ExtreFee) r'-'~Yes I CERTIFIED 2. Article Number 7192 6463 3110 0000 8672 7192 6463 3110 0000 8672 1. Article Addressec~ To: MICHAEL & JOAN COLAVITO 198 DERBY STREET E- WILLISTON NY 11596 http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/InterLabellnqUiry.do 2/16/201 · ~,~',~ ~ : USPS - Track & Confirm Page 1 of 1 Home I ~ I Sian In TraCk & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7t 92 6463 3t 10 0000 8641 Service(s): Certified MailTM Status: Notice Left We attempted to deliver your item at 9:49 am on February 15, 2011 in SOUTHOLD, NY 11971 and a notice was left. You may arrange redelivery by visiting www.uses.com/redeliverv or calling 800-ASK-USP$ or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: · Notice Left, February 15, 2011, 9:49 am, SOUTHOLD, NY 11971 · Arrival at Unit, February t5, 2011, 9:02 am, SOUTHOLD, NY 11971 Nofiticalioo Options .... , Track S Confirm by email ~/: !~; ,, Get currant event information or updates for your item sent to you or others by email. Track & Co.tm Enter Label/Receipt Number. I Copyrigh~O 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: ([~Addressee or CJAgent) X Received By: (Please Print Clearly) 4. Restricted Delivery? 3. Service Type (Extra Fee) [] CERTIFIED Yes 2. Article Number 7192 6463 3110 0000 8641 7192 6463 3110 0000 8641 C. Date of Delivery t. Article Addressed To: RICHARD HOCKANSON 1635 NOKOMIS ROAD SOUTHOLD NY 11971 http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/InterLabelInquiry.do 2/16/2011 03/03/2011 15:46 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel; (631) 765-4330 Fax: (631) 765-464.3 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidentialinformation from Patricia C. Moore. This information is intended $olely for use by the individual entity named aa the recipient hereof /f you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. FAX NO: RE: "~J ~ ~-- t~'~fl DATE: '~---t~-- \~ TOTAL NUMBER OF PAGE8 INOLUDING GOVER SHEET IF TRANSMISSION I$ FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comments: r"l C.O.C. . PS Form 3811, February 2004 oon-,m~= m~urn P,~celpt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of: DAVID J. VERITY AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-78-3-26 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, David J. Verity residing at 865 Nokomis Road, Southold, New York being duly sworn, depose and say that: On the~ ~0 day of February, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 hag remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, March 3, 2011. Sworn to before me this *near the entrance or driveway entrance of the property, as the area most visible to 3assersby. ~t;~ ~;~i~, ~~:~,~' 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 February 4, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, March 3, 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 February 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts tn obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during thP. hearing, providing the returned letter to us as soon as possible; AND not later than February 21st: 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 February 23rd: 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 March 1,201'1. 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. 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 17th day of February, 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS ~TIURSDAY MARCH 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, per suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning).Town of Southold, the following public hear~ inks 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 119714}959, on THURSDAY MARCH 3, 2011: 10.'O0 a.m.- PIERCE RAFFERTY g6451 - Request for Variance from Ar- ticle XXIII Code Section 280-124 and the Building Inspector's January 7, 2011 Notice of Disapproval based on an ap- plication for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of less than the code required 20%, at; Avenue_ B Fishers Island, NY. SCTMgI000-6-2- 17.5. Z day of Building Inspector's December 9, 2010 Notice of Disapproval based on an ap- plication for building permit to construc- tion an accessory garage 1) proposed ga- rage location is other than the code re- quired rear yard; at: 2404 Camp Mineola Rd. Ext., Mattituck, NY. SCTM#1000- 122-9-7.20. 10'.50 a.m.- J~ROME and SANDRA MARTOCCHIA, .IlL f~149 - Applicant requests a Special Exception under Ar- ticle III, Section 280-13B(13). The Ap- plicant is the owner requesting anthori zation to establish an Accessory Apart ment in an accessory structure at; 67795 CR 48 Greenport, NY. SCTM#1000-33 11:15 a.m. - GEORGE and RUBY GAFFGA #6438 - Request for Vari- ance from Code Sections 280-13 (A)(1) and 280-18 and the Building Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; 1) more than the code required one fam- ily detached dwelling, 2) less than the code required rear yard setback of 50 feet, at: 175 Laurel Ave., Southold, NY. 11:45 a.m.- DAVID J. VERITY g6452 - Request for Variance under Article II Section 280-9 and the Building Inspec- tor's November 17, 2010 updated Janu- ary 19,2011 Notice of Disapproval based on an appgcafion for Lot Recognition, which states the identical lot was created by deed recorded in the Suffolk Coimty Clerk's Office on or before June 30,1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot creation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing San- uary 6, 2011: L'00 p.m. - TK ALPHA, LLC. #~437 1'30 p.m.- BENALI, LLC 06422 ©fAirY FUSLIC..STATE 01: NEW YORK NO, O1.VO6105050 Adjourned from Public Hearing Feb- rua~ 3, 2011: 2:00 p.ra. - MARY ANN PRICE #6447 ~[he Board of Appeals will hear al/ persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written stalemems belore the conclusion of each hearing Each hearing will not start earlier than designated above. Files arc available for review during regular business hours and prior to the day of the hearing. you have questions, please contact our office at (631) 765-~.809, or by e-mail: ~cki.Tot h~rPown.Sout hold.nv, us. Dated: February 7,2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vlcld Toth 54375 Main Road (Office L~atton) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold~ NY 11971-0959 l 0_~l.3~:lT 2/17 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 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson January 19, 2011 Request for Comments ZBA #6452 - Lot Recognition As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE SURVEY PREPARER ZONE DATE DATE STAMPED David VERITY 78-3-26 #6452 11/171t0 280-9 1/19/1t John R 40 1/19/11 Metzger, Zone updated Peconic Surveyors Your comments are appreciated by February 16, 2011. Thank you. Encls. 7~ SLEEPY HOLLO~ 10.4