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Home My WebLink About6462G~.~v X~£¥ ~ 6,seoc. "/7 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R 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 FINDINGS, DELIBE~TIONS AND xt Nn hol MEET~G OF MAY 18, 2011 ZBA FILE: 6462 NAME OF APPLICANT: Barry and Carol Sweeney PROPERTY LOCATION: 2395 Jackson St. and Second St., New Suffolk, NY STM# 1000-117-9-25 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 Depamnent of Planning issued its reply dated March 15, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated April 26, 2011.Bas ed upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. Regarding the 6% over the 20% lot coverage variance request is consistent in this instance; the action would not be discordant with existing natural scenic components and character. PROPERTY FACTS/DESCRIPTION.' Subject property is a non-conforming 10,340 sq. ft. lot improved with a two story dwelling and accessory garage it is a comer lot with two front yards. It has 101.98 feet of frontage on Jackson St., 101.40 feet along Second St., 101.90 feet on the north property line and 101.47 feet along the west property line as shown on the site plan dated 2/22/11 prepared by Garrett Strang, Architect. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's February 22, 2011 Notice of Disapproval based on an application for a building permit to construct additions and alterations, including raising the dwelling for FEMA compliance, to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20%. RELIEF REQUESTED: The applicant proposes to construct additions/alterations, including raising the dwelling to FEMA regulations, requiring variances for a rear yard setback of 24 feet where the code requires 35 feet and lot coverage of 26% where the code permits a maximum of 20%. ADDITIONAL INFORMATION: During the Hearing, the Board asked the agent to provide lot coverage of surrounding neighbors. In a letter, dated May 16, 2011 the agent for applicant provided a list of nine properties within 500 feet of the subject property with lot coverage above the 20% allowed by code and the information was Page 2- May 18,2011 ZBA File#6462 - Sweency CTM: 1000-117-9-25 obtained from Southold Town records. The average lot coverage among the nine properties, which varied from 21% to 55% is 31.9%, is more than the applicant is requesting. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following f'mdings: 1. Town Law §267-b{3){b)(l). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This area of New Suffolk consists of many non- conforming lots with non-conforming setbacks. The applicant is removing the existing accessory garage and incorporating an attached garage into the proposed additions and alterations. 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 location of the existing dwelling on a small lot of 10,340 sq. ft. with two front yards, any renovations/additions to the dwelling will require variances. 3. Town Law §267-b{3)(b)(3). The variances granted herein are mathematically substantial. The rear yard setback represents a 31% relief from the code and the lot coverage represents a 30% relief from the code. However in comparison to other older improved lots in the area they are not substantial since there have been several variances granted in the area for rear yard setbacks and lot coverage. 4. Town Law §267-b{3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is relatively flat and the control of drainage on site is proposed as per code. 5. Town Law §267-b(3){b)(5). The difficulty is self created in that the applicant chooses to increase non- conformities on the subject property but the proposed non-conformities are in keeping with the nature of the existing non-conforming neighborhood. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated home 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 site plan dated 2/22/11 and construction drawings labeled SK-14 dated 2/1/11, SK -15 & SK -16 dated 2/22/11 prepared by Garrett Strang, Amhitect. 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 thc right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3- May 18,2011 ZBA File#6462 - Sweency Vote of the Board: Ayes: Members Weisman (Chairperson), Homing, Goehringer, Dinizio, Schneider. This Resolution was du_ ly adoptedlr5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~/~,/ /2011 NOTE' ~J~ THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY NIADE BY PECONIC SURVEYOR~, PC, ~OUTHOLD, NEW YORK DATED: SEPTEMBER 7, ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G.V.D. '68 FLOOD ZONES FROM FI~ ~103C0501 H SEPTEMBER 25, ~ dRE AT P£CONIC BAY GARRE-I'F A. STRANG architect 12~30 Traveter Street, P.O.Box 141:= Southold, New York 11971 ph. 631 - 765 - 5455, fx. 631 - 765 - 5490 arch~uixnet, net SITE DATA SITE AREA 0,24 ACRES - 10,340 SQ. FT. TAX MAP # 1000 - 117 - 09 - 26 ZONING FLOOD ZONE WATER SUPPLY R - 40/RESIDENTIAL 'X" & AE el. $ SUFFOLK COUNTY WATER AUTHORITY SINGLE FAMILY DWELLING WITH ACCESSORY GARAGE SINGLE FAMILY DWELLING OWNER BARRY AND CAROL SWEENEY p.O.Box 814 Crmls River, NY 10518 EXISTING BUILDING AREA HOUSE PORCH GARAGE PROPOSED BUILDING AREA EXISTING HOUSE ADDITIONS TO HOUSE EXISTING PORCH ADDITIONS TO PORCH LOTCOVERAGE EXISTING PROPOSED 1,005.78 SQ. FT, 240.00 SQ. FT. 490.62 SCb FT. 1,736.40 SQ. FT. 1,005.78 SQ. FT. 1,168,00 SQ. FT. 240,00 SQ. FT. 276.00 SQ. FT. 2,669.78 SQ. FT. 16.8% 26.~% BOARD OF APPEALS N N/O/F T~R£SA ROO~RS 1.90' STORy SURVEY OF PROPERTY AT NEVI SUFFOLK TO~'N OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000-11 ?-09--B5 SCALE: I'--BO' SEPTEMBER 7, 2010 MAR .3 2.0!i BOARD OF APPEALS ELEVATIONS REFERENCED TO N.A. V.D. '88 FLOOD ZONE FROM FIRM 3610500501 H SEPTEMBER 25, 2009 · =MONUMENT AREA=lO,340 SO.FT. N84 ~0'20"W o ~ CKS'ON 101.98',x~x~ ANY ALTERATION OR ADDITION TO THIS SURI~EY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDli4SION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP 017 COPIES BEAR THE IMPRESSED SEAL OF THE SURYEYOR WHOSE S/GNA TURE APPEARS HEREON. ~PtCON/C SU~C~r~i;~;~ ~, " (6,31) 765-5020 FAX'-~17~65- 1797 P.O. BOX 909 1230 TRAVELER STREET sou~oLo, N.× .97~ 10--197 REC~fv~D BOARD OF APPE~AL.q GARkI:: I I A. SDRANG architect :INAL MAP ~EVIEWED BY_~ ~;~ r~;c~s~o. #. ,ATED...~_ I.~. I.~ C~ARRI=I I A. STRANG architact IRE.~VIEWED By,~ BOARD OF APPEALS IFINAL MAP REVIEWED BY ZlB.A SEE OEC S O. RECE~VED~-.---'- . BOARD OF APPEALS GARREg-F A. STRANG architect 1230 Traveler [~t~et, P.O. Box 1412 Southold, New York 11971 ph. 631 - 765 - 5455, fx. 631 - 765 - 5490 architect@quixnet.net LOCA~ON ?..~ 9 ~ 't ~ ~ ~'~"'~ SCALE A~ ~ ~ '~lF~ REVISED DRAWING NO. DATE ~-- -LZ- II DRAWN BY ~.~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cDr. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals APt7 2 7 ZOII BOARD OF APPEAL From: Mark Terry, Principal Planner LWRP Coordinator Date April 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. BARRY and CAROL SWEENEY #6462 SCTM# 1000-117-9-25. BARRY and CAROL SWEENEY #6462 - Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's February 22, 2011 Notice of Disapproval based on an application for a building permit to construct additions and alterations, including raising the dwelling for FEMA compliance, to a single family dwelling at 1 ) rear yard setback of less than the code required 35 feet, 2395 Jackson Street and Second Street New Suffolk, NY. SCTM#1000-117-9-25. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" and "11" which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The variance requested will not affect a regulated natural feature and the parcel is not located within the Coastal Erosion Hazard Area. The requested lot coverage variance of 6% over the required 20% is CONSISTENT in this instance. It is my assessment that that the action would no~t be discordant with existing natural scenic components and character. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ~£CE~VED 2 2011 ~OARD OF APPEAL~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 15,2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 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 Municipal File Numbers Sweeney #6462 Brostar LLC #6463 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) 853-4044 RECEWED FORM NO. 3 ~AR 0 3 2011 NOTICE OF DISAPPROVAL BORRo OF DATE: February 25, 2011 TO: Garrett Strang for B & C Sweeney P O Box 1412 Southold, NY 11971 Please take notice that your application dated February 22, 2011 For additions & alterations, including raising the dwelling for FEMA compliance at Location of property 2395 Jackson Street, New Suffolk, NY County Tax Map No. 1000 Section 117 Block 9 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed additions & alterations on this non-conforming 10,340 sq. fl. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. ft., the required rear yard setback is 35'. The proposed site plan indicates a rear yard setback of 24'. Also, the required lot coverage is 20%. The proposed construction indicates a lot coverage of 26.%. This Notice of Disapproval was written based on the site plan of Garrett Stran? dated 02-22-11. Authorized Signature RECEIVED MAR 2, ~011 I Fee:$ /~'1~ FiledBy: Assignment No. BOARD OF ~,PPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS .ouse No. 2395 Street Jackson St Hamlet New Suffolk SCTM 1000 Section 117 Block 09 Lot(s) 25 Lot Size 10,340 sf Zone R-40 1 (WE) APPEAI~ THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED · z'~ t t ~ BASED ON SURVEY/SITE PLAN DATED 2/22111 Applieaut(s)/Owner(s): Barry and Carol Sweeney Main,~Address: PCB 814, Cross River, NY 10518 Telephone: 914-763-0205 Fax: 914-763-9589 Email: 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: Garretl A. Strang, ^rchitect for[~Dwne~Other: PCB 1412, Southold, NY 11971 Address: Telephone: 765-5455 Fax: 765-5490 Email: architect@quixnet.net Please check to specify who yo wu~j_h correspondence to be mailed to, fro. tll.~e above names: ['~Applicant/Owner(s), [~]Authorized Representative, U Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/22/11 and DENIED AN APPLICATION DATED ~2w~ 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 of Zoning Ordinance by numbers. Do not quote the code.) Article: xxm Section: 2~0 Subsection: 424 FOR: Type of Appeal. An Appeal is made for: ['~-]A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section ['--]Reversal or Other A prior appeal[~]has, [] has not been made at any time with respect to this property, UNDER Appeal No(s)._ Year(s). . (Please be sure to research bqfore completing this question or call our off,ce for assistance) REASONS FOR APPEAL (additional .~heet~ tmO' be used with preparer's siguatm'e): .,iRE. I I } IRL.I,YCE RE.4SO~S: (1) An undesirable change will not be produced iu the CtlARACTER of the neighborhood or a detriment to nearby properties if granted, because: lhe existing detached garage is proposed to be removed, which will increase the size of the open rearyard area. {2) The benefit sought by the applicaut CANNOT be achieved by some raetl~q~]~.~for the applicant to pursue, other than an area variauce, because: ~ The existing residence dictates the logical placement of the proposed addition. MA~ '~ 2011 ? 8OARD (3) The amnunt of relief requested is not substantial because: OF APPEALS- Many properties in the immediate neighborhood have similar non conforming conditions. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditious in the neighborhood or district because: The existing detached garage is proposed to be removed, which will increase the size of the open rearyard area. (5) Ilas the alle~,ed difficulty been self-created': I'~Yes, or [~[}No. Are there Coveuants and Restrictions concerning this land: [] No.[~Yes (please litr,ish copt). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood aud the health, safety, and ~velfare of the community. Check t/tis box ~ IE .I I'SE I.IRI. I; ~ {1:' ' IS BIz'lNG REQUIx'STEI). /IND PL~)ISE COMPLE'I'E ITllz' I TIM CHED USE 1~4RI.4NCE SHEET: (Plctt~e be sure to cottsttlt),ottl' attorttey.) Signature of Appellant or Authorized Agent da>of 7 ~r) .20// APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Barry and Carol Sweeney Date Prepared: February 22, 2011 1. For Demolition of Existing Building Areas Please describe areas being removed: Detached garage on north side of existing residence. RECEIVED MAR 3 11. New Construction Areas (New Dwelling or New Additions/Extensions): BOARD OF APPEALS Dimensions of first floor extension: §S x §§ (irregular) Dimensions of new second floor: 40 x 40 (irregular) Dimensions of floor above second level: None Height (from finished ground to top of ridge)~§' is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Existing basement to be filled in as per FEMA regs. Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two floors with padial basement Number of Floors and Changes WITH Alterations: Two floors with crawlspace. Basement to be filled in as per FEMA regs. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1.736.4 s.f. Proposed increase of building coverage: 1,~4 Square footage of your lot: 10,340 Percentage of coverage of your lot by building area: 26% proposed V. Purpose of New Construction: Additions and alterations to existing single family residence to accommodate needs of family. Also, to comply with FEMA regs. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Property slopes gently approximately 3' from the highest to the lowest point. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED QUESTIONNAIRE FOR FILINGWITH YOUR ZlaA APPLICATION ~,[~ 3 2011 Is the subject premises listed on the real estate market for sale?BOARD OF APPEALS Yes x~ No Are there any prososals to change or alter land contours? . __ ~No ;, Yes, please explain on attached sheet. ~TY-& ff~ 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ,~d/A 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? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ,~'C Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? ~ c' _If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list presgnt use or operations conducted at this parcel Authorized signature and Date PROJECT I.D. NUMBER I 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) AP~ICANT/SPONSOR I2. PROJECT NAME Municipality /~/~' 4. PRECISE LOCATION (Street address and roacl Intersections, prominent landmarks, etc., ~ p~l~e map) RECEIVED ,~AR 3 ,s PROPOSED AC=ON: BOARD OF '~PPEA, L$ ~:~ New ~.E.xpanslon ~ M~lflcatto~alleratlon DESCRIBE PR~ ~ BRIEFLY: '~'~'~ ~Tc- . ~-~H~,~ 7. AMOUNT OF·L'AN~ AFFECTED: WILL PROPOSED ACTION COMPLY wrrH EXISTING ZON]NC OR OTHER ETJ~'rlNG LAND [] Yes [~' No I! NO. de.~dbe briefly g. W~.~T IS PRESENT LAND USE IN VICINITY OF PROJECT? L,~ Re$1d®nfl,l ~:] industrial [] C..ommeccl,l SEQR 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, N(WV OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~,_?~.-~o~ t~ ','o--,~ .~j ~_c , ,J~" :: ~ /~ ' 11, DOE~ ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUC PERMIT OR APPROVAL? r-] Ye~ [~ No If yes, list agency r. Ame and pe~mlt/apl)mVll 12. AS A RESULT O.~; PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DY.a [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE OF. ST OF MY KN(WiT.EDGE If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: (Last name, first name, middle lmt~al, ~mless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: ~'~,D OF AppeALS Change of Zone Approval of Plat 1 Exemption from Plat or Official Map Other 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. Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): t I [ I ] A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ] B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ] C) an officer, director, partner, or employee of the applicant; or ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this/~57~ day of/f.~ £C/-p ~ ~)"/ Signature: Print Name: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Garrett A. Strang (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) Tax Grievance Variance Special Exception If "Other", name the activity: NATURE OF APPLICATION: (Check all that apply.) Change of Zone L Approval of Plat I Exemption from Plat or Official Map Other t J RECEIVED APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. NO[ ¢ ] Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Iqo One Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, 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 non-corporate entity (when the applicant is not a corporation); [ ] C) an officer, director, partner, or employee of the applicant; or [ ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submilled this 22rCd~ day of Febru~aw_ = Signature: .~ ff'~ ....... -- - Pnnt Name: Gorrett ^. Strana AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED 3 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within SOO feet of a farm operaJion located in agricultural district. ~Ill applications requiring an agricultural data statement must be referred to the Suffolk Connty Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name ofApplicant: /~e,~ ~ (,~ /,~ . ~.~ ~ . 2)Ad~essofApplicant: ff~q~ Y~,~,-~- ~-z~ ~ 3) N~e of L~d Owner Jif other th~ applicant): 4) Ad&ss of L~d Owner: 5) Description of Proposed Project: ~o~- ~ ~ ;c'. 6) Location of Property Iroad and tax map numberl: ,'c,~- ,- - - ~' ? - - 7) Is the parcel within an agricultural district? [~No [~lyes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~]No W]Yes 9) Name and address of any owner/s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office. Town Hall location (765-19371 or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please t~e back side of page if more than s~x property owners are identified.) The lot numbers ma~ be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or ~Zbfiing Boar~! of Appeals at 765-1809. -/ Signature of Applicant Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6n on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed ~.gricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applic.ant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 March 3, 2011 Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals POB 1179 Southold, NY 11971 BOARD OF APPEALS Re: Proposed Alterations and Additions to Existing residence 2395 Jackson St. New Suffolk, NY, SCTM # 1000-117-09-25 Dear Ms. Weisman and Members of the Board: Enclosed please find requisite copies of application and backup documentation in connection with the above referenced project. My client is proposing to remove the existing, detached garage and replace with new attached garage incorporating living space on the second floor,, as well as alterations and additions to existing dwelling, elevate existing dwelling, eliminate existing basement and replace with new crawlspace, all as per FEMA requirements. If you have any questions regarding this application, please feel lYee to contact my office. Very truly yours, Garrett A. Strang, R.A, Architect Encs. TOWN OF SOUTHOLD BUII,DING DEPARTMENT TOWN HALL · SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ~, 20_. Disapproved a/c Expiration PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or,need the following, ~before applying? Board of Health 4 ~ of Building Plans Pl~ing Board approval Survey. Check Septic Form N.Y.S~D.E.C. Trustees Flood Permit Storm-Watar Assessment Form Contact: Mail to: phOne: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the BuiMing Inspector with 4 sets of plans, accurate plot plan to scale. Fe~ according to schedule. 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 BuildingPormit.. d. Upon aPproval of this application, the Building inspector will issue a Building Permit tothe 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 alter the date of tssuance 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' ' ' · · mterma, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thewafler, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance o£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 hea'ein 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. ('S~tgtature of apt~hcaat or name, if a c0rporat~on) (Mailing ad}tress Of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~/q/c,-z,~ 9,/ ~,a~ ~ (As on the tax roll 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. // 1. Location of land on which proposed work will be done: House Number Street Hamlet I/7 County Tax Map No. 1000 Section Block 0 ~ Lot Subdivision Filed Map No. Lot 2. State eX~sfing use and 6ccupancy of premises and intended use and occupancy of proposed construction: a. Existinguseandoccupancy ~'/.v ( z .7 /~=,4.~ , L ,~ f~ ~ 3 / l:,:~.-~-~ ' b. Intended use and occupancy 3. Nature of work (check which applicab.,le): New Building Repair Removal ~" Demolition 4. Estimated Cost ~6~ ~ ~ 5. If dwelling, number of dwelling units O,v'~-- 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, commereial or mixed occupancy, specify nature and extem of each type of use. 7. Dimensions of existing structures, if any: Front. g c ,~' 3-o Rear Height 30 r. ~',~ ¢,~ Number of Stories F_- Dimensions of same structure with alterations or additions: Front 5-4 ~' ~ Depth ~ Height ~ ~,7-,~ ,r~,~, 9't-~ Number of Stories 8. Dimensions of entire new construction: Front Depth Rear .Depth Rear Height Number of Stories 9. Size of lot: Front . [ a ? Rear ! ~ z Depth 10. Date of Purchase ~ c,~ ~ Name of Former Owner /,~ 11. Zone or use district in which premises are situated /Z - 9VO ~ ~;/~ ~,r-/,~ c 12. Does proposed construction violate any zoning law, ordinance or regulation? YES V/ NO 13. Will lot be re-graded? YES v/NO ' Will excess fill be removed from premises? YES V'/ NO 14. Names of Owner of premises Name of Architect <fi -F/~ Name of Contmctor~ Address Address Addrass 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 property within 300 feet of a tidal wetland? * YES NO ~' * IF YES, D.E.C. PERMITS MAY BE REQUIRED. Phone No.?/9- 7~$ - aa ~ . Phone No ~5 t- ?~s~ ~--~o~-~'~ Phone No. 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;/~arvey. 18. Are there any c0~e~ants and restrictions with respect to this property?* YES NO v · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~,'t ,~a.~/~. ~'~7~-t o ~-' ~, being duly sworn, deposes and says that (S)he is tbe apolicant (Name of individual signing contract) above named, · (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. ~PU~.IC,~York July 3i, ' ~/f Signature of APplicant LETTER OF AUTHORIZATION RE: Premises, 2395 Jackson Street, New Suffolk, NY SCTM# 1000-117-09-25 BOARD OF APPEALS WE, BARRY AND CAROL SWEENEY, HEREBY AUTHORIZE GARRETT A. STRANG, ARCHITECT TO ACT ON OUR BEHALF WHEN MAK1NG APPLICATION TO THE UNITED STATES OF AMERICA, STATE OF NEW YORK, COUNTY OF SUFFOLK, TOWN OF SOUTHOLD OR ANY OTHER GOVERNMENTAL AGENCY IN CONNECTION WITH THE ABOVE REFERENCED PROJECT. 5worn to before me this ~2,~/¢"'doy o. f ' ~.; ,2011 Notary Public State of New York CONSTANCE PAG)NELLI Notary Pu,'brio, State of ,New York No. 60-~255040 ,'~. Oualified in '~Az-~"~,,~ 4, Commission Expires January 31 TOWN OF ~//~ SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER STREW' Z :~ ~ ~ N VILLAGE /V'e ,v ul~ -2~% I K DISTRICT SUB, 'tJ-- ACREAGE LOT ~,TZ/, e 6~ W , ~///;/~% f/ TYPE OF BUILDING RES. 2/O S~S. VL. FARM j COMM. J lND. CB. MISC. Est. Mkt. Velue ~ND IMP. AGE BUILDING CONDITION NEW NORMAL ABOVE / BELOW Farm Acre Value Per Acre Value FRONTAGE ON WATER FRONTXGE ON ROAD/dd~ Tillable 1 BULKHEAD Tillable 2 DOCK Tillable. 3 Woodland Swampland Brushland~ · House PIo~,,' - , Total Extension B_ reezeway Gerege ~ 2.~" 2.,~/.= I" Foundation / Basement /(.Ext. Walls Fire Place ±,lPati° '/, ~ . ,,(;.~ Driveway O, Bo Bath Floors Interior Finish Heat Porch Roof Type Porch Rooms 1st Floor Rooms 2nd Floor Dormer i I Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED MAR 0 7 Z011 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 permils 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. [] 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: /7 Present land use: /X F'5(d ~.~ 7~t/o c_ Present zoning classification: ~- -4~: d'~b'5 If ~ application for ~e proposed action has been filed with the Town of Sou~old agency, the following info~ation shall be provided: (a) N~e of applicant: ~ ~ ~ ~ ~ ~ ~d & ~ d~ ~ ~ ,:~ / (b) Mailing address: ~ ~ ~d ~ ~ / ~ / (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, wh ch 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 [] 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 -~ Pages 3 through 6 for evaluation criteria [] Yes [] No t[~r'l (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes [] No [] (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 Santhold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria.. [] Yes [] No ~(Not Applicable - please explain) Anach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [~ No ~(Not Applicable - please explain) AUach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid 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. (~Not A ~ Yes~ No pplicable- 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 use suitable l°cati°ns'_~r~WRP Secti°n I11 - P°licies; Pages 47 thr°ugh 56 f°r evaluati°n 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 wa~rs. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No~l o. t 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 Auach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP S~ Policies; Pages 65 through 68 for evaluation criteria. No [] Not Applicable- please explain BOARD OF AppeALS N/O/F ANTHONY MA TSON RIOHARD ~. SULLIVAN/// / i~RAi~£& 2 Sl'ORy HOUS~ #1 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/23/11 10:00 AM PHOTO TAKEN LOOKING NORTH RECEIVED E~OARD OF APPEALS #2 SWEENE¥ RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/23/11 10:00 AM PHOTO TAKEN LOOKING SW #3 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/23/1 ! 10:00 AM PHOTO TAKEN LOOKING WEST #4 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/23/11 10:00 AM PHOTO TAKEN LOOKING EAST #5 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/23/11 10:00 AM PHOTO TAKEN LOOKING SOUTH BOARD OF APPEAI-~ #6 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/24/11 08:00 AM PHOTO TAKEN LOOKING WEST BOARD OF APPEAL~ #7 SWEENEY RESIDENCE 2395 JACKSON STREET NEW SUFFOK, NY SCTM #1000-117-09-25 2/24/11 08:00 AM PHOTO TAKEN LOOKING NW ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECOROS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 7, 2011 Zoning Appeal No. 6462 Transmitted herewith is Zoning Appeals No. 6462 of Garrett A. Strang for Barry, and Carol Sweeney - thc 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, Cover Letter from Garrett A. Strang Architect Dated March 3, 2011, Notice of Disapproval from Building Department Dated February 25, 2011, Copy of Application of Building Permit Dated February 22, 2011, Authorization Letter from Barry & Carol Sweeney to Garrett A Strang to Represent them in this Matter, Copy of Property Record Card (Both sides), Map of Where Photos Were Taken, Four Pages of Photos, Three Pages of Plans Showing Floor Plans and Elevations Dated February 1, 2011 Prepared by Garrett A Strang, Copy of Site Plan Showing Key Map Dated February 22, 2011 Prepared by Garrctt A Strang, Copy of Survey Showing Property as it Exists Dated September 7, 2010 Prepared by Peconic Surveyors, PC. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/07/11 * * * RECEIPT * * * Receipt#: 98546 Transaction(s): 1 1 Application Fees Reference Subtotal 2823 $1,000.00 Check#: Total Paid: $1,000.00 Name: Strang, Garrett A 1230 Traveler St, P O Box 1412 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 2823 Garrett A. Architect Strang May 16, 2011 RECEIVED MAY 1 6 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals POB 1179 Southold, NY 11971 BOARD OF APPEALS Re: Proposed Alterations and Additions to Existing residence 2395 Jackson St. New Suffolk, NY, SCTM # 1000-117-09-25 Appeal #6462 Dear Ms. Weisman and Members of the Board: As per your request at the conclusion of the public hearing, the following is a list of properties in the immediate area of the subject residence, all of which exceed 20% lot coverage based on information obtained from Southold Town records. 1000-117-7-8.1 22% 1000-117-8-4 22% 1000-117-8-6 38% 1000-117-8-9 25% 1000-117-8-14.1 55% 1000-117-9-13 35% 1000-117-9-19.2 21% 1000-117-9-21 41% 1000-117-10-17 28% As stated in our application, a contributing factor to the increase in lot coverage is based on the FEMA requirement to abandon and fill in the existing basement area, thereby making it necessary to relocate mechanical equipment/laundry/storage up to the first floor. It is unique to this property as the "A" and "X" flood zones bisect the existing house. If the house were entirely in the "X" zone, as are neighboring properties, we would be able to continue using the existing basement area. I trust this adequately answers your question and look forward to receiving your determination. Thank you for your courtesy in this matter. Very t~,~ ~-~arrett A. Strang, R.A. Architect BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard E 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 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 1179, Southold, New York 11971-0959, on THURSDAY~ MAY 5~ 2011: 11:30 AM - BARRY and CAROL SWEENEY #6462 - Request for Variance from Article XXlII Code Section 280-124 and the Building Inspector's February 22, 20tt Notice of Disapproval based on an application for a building permit to construct additions and alterations, including raising the dwelling for FEMA compliance, to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20%, at; 2395 Jackson Street and Second Street New Suffolk, NY. SCTM#1000-117-9-25. 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: April 8, 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 1197t-0959 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 21st day of Aprill 2011. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY g, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on _T~. URSDAY MAY 5. 2,011: 10:00 AM - BROSTAR. LLC g6463 - This is a request under Section 280 146D for an Interpretation of the Town Code, Article XXIII, Section 280 121. "Non-Conforming uses", appealing the Building Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store/service center/gas station in pre-existing gas sta- tion/service station, at: 330 Main Street and Champlia Place Greenpert, NY. SCTMg 1000-34-3-22. ~,0-.30 AM - DOUGLAS and ELLEN CIAMPA ~o467 - Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's March 1, 2011 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construc- tion of a single family dwelling at; 1) less than the code required setback of 75 feet from a bulkhead, at: 4380 Paradise Point Rd.. (adj. to SheP~r Islaed Sound) Southold, NY. sCrMgl000-81-3-6. 10'.~0 AM - DAVID .l. VERITY ~o470 - Request for Variance under Article IV Section 280-18 and the Building Inspec- tor's March 23, 2011 Notice of Disap- proval based on an application for build- ing permit for a subdivision, at: proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 lin- ear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2: 1) at less than the code required mini- mum lot size of 40,000 sq. ft., 2) less than the code required width of 150 linear ft., at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY. SCTM#1000-78-3-26. 11:10 AM - THOMAS FRENZ g6466 ~ Request for Variance from Article III Code Section 280-15B and the Building Inspector's February 4, 201 l Notice of week(s), successively, commencing on the Principal Clerk application for construction of an acces- sory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTMgl000-104-9-4.2 11'.30 AM - BARRY and CAROL SWEENEY #6462 - Request for Vari- ance from Article XXIII Code Section 280-124 and the Building Inspector's February 22,2011 Notice of Disapproval based on an application for a building permit to construct additions and alters tions, including raising the dwelling for FEMA compliance, to a single family dwelling at I) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20To, at;2395 Jackson Street and Second Street New Suffolk. NY. SCrMgl000- 1-1~5 AM - CHRISTINE CONTE, BOUTIS ~ - Request for Variance from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an appli- cation for building permit existing deck addition at; less than the code required minimum side yard sethaek of 10 feet, at: 1020 Ruch Lane (adj. to Arshamomaque Pond) Southold. NY. SCTMg1000-52-2- 33.i 12.'00 PM - PAIJL and LINDA WOL- FROM $~ - Request for VarianCe from A~t. XXIII, Code Section 280-124 and thc Building Inspector's March 1, 2011 Notice of Disapproval based on an application for building pemait for reconstruction of existing single fam- ily dwelling at; 1) less than the code required front yard setback of 35 feet, at: 1650 Fleetwood Rd., (Betts St.) Cu- tchogue, NY. SCTM#1000-137-5-13. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 3, 2011: 1.'~ PM - GEORGE and RUBY GAFFGA #6438 CHRISTINA VOLINSKi ,~OTARY P~BLIC-STATE OF NEW YORK No: ol-V0610$OBO Qualified in SuffOlk County ~.egular i:learmg Continued: 1'30 PM - MARY BETH HENSQIN #6461 - Request for Variances from Art. XXII Section 280-116A(I), Art. XXIII Section 280-124 and Art. III Section 280- 15F and the Building Inspector's Dec, 9, 2010, Updated February 25, 2011 Notice of Disapproval based on an applica tion for building permit to construct al- terations/additinns, accessory in-ground swimming pool and decks at; 1) less than 100 foot setback from top of bluff for alUadd, 2) less than the minimum code required side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, 4) Accessory struc- tures proposed location other than the code required float yard on water front property at: 3300 Sound Drive (Adj. to Long Island Sound) Greenport, NY SCTMg1000-33-1-6 2:00 PM - FRANK and ROSEMAR' M.O~IJ?,LF~)2~- Request fo Variance from Code Article XXI1 Sec lion 280 l16B and the Building Inspec tot's July 13. 2010, Updated Februar 25, 2011 Notice of Disapproval base~ on an application for building permit fo as built additions and alterations at: 1 two decks at less than the code require¢ setback of 75 feet from a bulkhead, Io cared at: 850 Blue Marlin Drive (adj to Shelter Island Sound) Southold. NY SCTM#1000-57-1-30. The Board of Appeals will hear all persons or their representatives, desir- ing 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. Egos 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: Yicki. Totht~Town Routhold ny. us. Dated: April 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailiag/USPS) P.O. Box 1179 Southold, NY 11971-0959 1~0,207 1T 4/21 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SWEENEY, B. & C. #6462 MAP # 1000-117-9-25 VARIANCE SETBACK & LOT COVERAGE REQUEST ADDITIONS/ALTERATIONS/FEMA COMPLIANCE DATE: THURS, MAY 5, 2011 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 RECEIVED TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK APR ~ 1 Z011 BOARD OF APPEALS In the Matter of the Application of AFFIDAVIT OF MAILINGS t(Na'me of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, E'j'c /c ~ t.~ residing at i~B~,--gS,~.'.D~c~lT New York, being duly sworn, deposes and says that: On the /5' day of~x(P--/L~ ,201 }, I personally mailed at the United States Post Office in ~',,--X--t[c~ ~, t~ --] , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a trhe copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners,shown on the current assessment roll verified from the official records on file with the ('2'fi~.Assessors, or ( ) County Real 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) Sworn to before me this 5' r-~day of ~ £P--I L._ ,20 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ~a~ra A. ~t~,ang No, ami Public, New york No 47300~5 SCTM #1000-117-9-24 Teresa Rogers POB 601 New Suffok, NY 11956 SCTM #1000-117-9-26 Joseph Polashock POB 286 New Suffolk, NY 11956 SCTM #1000-117-10-21 Robin P. Ennis 10 Hoover Lane New City, NY 10956 SCTM #1000-117-10-20.2 Thomas M. Martin Jayne P. Martin Jackson ST POB 637 New Suffolk, NY 11956 SCTM #1000-117-9-20 Richard Sullivan Anthony Matson POB 75 New Suffolk, NY 11956 April 13, 2011 rm Street, Apt. NO.; or PO Box No. $1.22 $2.B0 $2.30 $ ~.~. $1.22 Street, Apt. No,; '~ , , ) ............................... m ru $1.22 $2.80 $2.31) $ ~6.32 ~_ or PO BOX No. $ t6.32 Ci~, State, ZIP+4 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Iffame of Applicants) / Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ,? I, ¢t)UL. ILCTt-'~ ~7-PcAN'~ residingat }2-~ ~r~c>'~ _, New York, being duly sworn, depose and say that: On the ~ day of ~ £ ~ I t~ ,201 i , 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) daysprior to the date of the subject hearing date, which hearing date was shown to be M ;k.,~ ~-j '~-~ I (Signature) Sworn to before me this Day of ~xop_lL. ~, 201[ * near the entrance or driveway entrance of my property, as the area most visible to passerby. Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees · Complete items 1, 2, and 3. Also complete item 4 if Restrictsd 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 Pack of the rnailpl~l~, or on the front if space permits. ~ 1. Article Addressed to: If YES, enter delivery address below: 2. Article Number (Transfer from servl¢ Yes 3. Service Type [] Certified Mail i'3 Express Mail [] Registered ~-I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7009 0820 0001 7817 8613 PS Form 3811, February 2004 Domestic Return Receipt _~,5( ~ t\J~,,~' 102595~2-M-1540 · Complete Items 1, 2. and 3. Also complete item 4 ff Restricted Delive~ Is desired. · I~ your name end address on the reveme so that we can tatum the card to you. · Attach this card to the ba~k of the mallplece, or on the front if space permits. [] Registered [] I~sumd Mall [] Expres~ Mall [] Return Receipt fo~ Memtl~adl~e [] C.O.D. 4. Restricted Delivery? ~Extra Fee) []Yes 1. Article Addressed to: 7009 0820 0001 7817 8583 PS Fo~m 3811, FebruaPj 2004 DomestcReturnRecalpt ::~,~(_~ ~)~L USPS - Track & Confirm Page 1 of 1 ~?~i~'e~ UNITED ST/.YrEs POSTAL SERVICE Hom_ e I ~ I Track & Confirm r ¢ Search Results Label/Receipt Number: 7009 0820 000t 78'17 8620 Expected Delivery Date: April 18, 2011 Class: First-Class Mail® Service(s): Certified MailTM Return Receipt Status: Notice Left We attempted to deliver your item at 1:24 pm on April 29, 2011 in NEW CITY, NY 10956 and a notice was left. You may arrange redelivery by visiting www usps cor!~/redeliver¥ or calling 800-ASK-USPS, 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, April 29, 2011, t:24 pm, NEW CITY, NY 10956 · Notice Left, April 18, 2011, 3:2t pm, NEW CITY, NY 10956 · Arrival at Unit, April t8, 2011, 8:35 am, NEW CITY, NY 10956 · Acceptance, April t5, 20tt, 12:55 pm, SOUTHOLD, NY 11971 Track & Confirm FAQs Enter Label/Receipt Number. GO · Track & Confirm by email Get current event information or updates for your item sent to you or others by emaiL Go ~. http://trkcnfrm l .smi.usps.com/PTSlntemetWeb/lnterLabelInquiry.do 5/5/201 t 1000 · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and eddmss 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. Article Addressed to: ~,. Signature []/~ent X [] Addressee B. Received by ( Printed Name) ~ D. isdelive~y address different from item 17 [] Yes If YES, enter delivenJ address below: [] No 2. ArticleNI 7009 0820 0001 7817 8620 (Transfer ~,on~,~,~-~-r PS Form 3811, February 2004 Domestic Return Receipt 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 April 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 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 April18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providin.q the returned letter to us as soon as possible; AND not later than April 25th: Please either mail or deliver to our office your Affidavit of Mail n.q (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 April 27st: 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 Posfin,q for receipt by our office before May 3, 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 4, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6462 (Sweeney) Dear Mr. Terry: /0vo-- o F' We have received an application for additions and alterations to existing single family dwelling as well as, raising the dwelling for FEMA compliance in New Suffolk. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 l http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUT}IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 4, 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 XIV of the Suffolk County Administrative Code: ZBA File #6462 Action Requested: Within 500 feet of: Owner/Applicant: Sweeney Additions/Alterations & FEMA compliance ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider hup://southoldtown.northfork.net ZONING BOARD OF APPIgALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 19, 2011 Garrett Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: ZBA File#6462 - Sweeney Dear Mr. Strang: Transmitted for your records is a copy of the Board's May 18, 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~ Vicki Toth Encl. Cc: Building Dept. Z CUTCHOGUE ~ HARBOR p£cONIC Reel Property Tox Service Agency E~ ...... c.,~.~ ~o,. ~ $OUTHOLD ~u. ~ '*, ~ 1000 SECTION PROPERT'