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Home My WebLink About6480~y BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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 · Tel. (631) 765-1809 Fax (631) 765-9064 .m~ 2 5 20ti FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUL,~'ll , 2011 Town Clerk ZBA FILE: #6480 NAME OF APPLICANT: Michael Schaeffer PROPERTY LOCATION: 760 Hill Crest Dr., No. Orient, NY SCTM # 1000-13-02-8.22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 8, 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 is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a vacant lot zoned R-80 it contains .92 acres. The lot has 150.00 feet of frontage on Hill Crest Drive North, 225.00 on the eastern property line, 149.02 feet on the south property line and 289.99 feet on the western property line as shown on the survey dated 5-11-11 prepared by Robert B. Holzman, LS. BASIS OF APPLICATION: Request for Variance from Code Section 280-13 based on an application for building permit to build a sports court on a vacant lot, and the Building Inspector's March 2, 2011, Amended April 18, 2011 Notice of Disapproval stating that the use of a sports court is not permitted on a vacant lot (without a principal dwelling). RELIEF REQUESTED: Accessory structures are not permitted on a vacant lot without a principal dwelling. The applicant proposes to construct a 30 ft. x 50 fl accessory "sports court" structure on a vacant lot without the benefit of a principal dwelling. ADDITIONAL INFORMATION: The subject pamel is presently vacant, unimproved, heavily treed and vegetated. The subject parcel adjoins another parcel owned by the applicant that is improved with a residential dwelling and an accessory swimming pool. At the public hearing, the adjoining property owner to the south of the applicant's dwelling parcel had testified in opposition to granting the requested variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 7, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page2 July 21, 2011 ZBA File#6480 - Schaeffer surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3){b){1}. Granting of the requested variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are no parcels in this neighborhood, which contain an accessory structure that is not accessory to a principal dwelling. What the applicant proposes is uncharacteristic of the neighborhood. 2. Town Law §267-b{3}(b}(2). The benefit sought by the applicant can be achieved by methods feasible for the applicant to pursue, other than an area variance. There is area in the rear yard of the applicant's adjoining property, which has a principal dwelling, to construct the subject sports court without the need for a variance. The applicant may also merge the subject parcel with his adjoining improved parcel and then construct the proposed sports court in the proposed location as an accessory structure in a conforming location without the need for a variance. The applicant could also apply for a lot line change to add the portion of his adjoining unimproved lot he wishes to use for the location of a sports court and then construct said sports court as of right. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. The request represents a 100% relaxation of the code. A granting of the requested variance would effectively require a change of use from residential R-80. 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. It has not been shown that residential sports courts and their use pose any adverse impact to the physical or environmental conditions in a neighborhood. However, the applicant stated at the public hearing that the clearing of trees and some re-grading on the subject parcel would be necessary to create an open fiat area in which to locate the proposed sports court and to provide access from Hill Crest Drive North for construction equipment. 5. Town Law §267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect 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 Schneider, seconded by Member Horning, and duly carried, to DENY, the variance as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconiBrmily. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Schneider. Leslie Kanes Weisman, Chairperson Approved for filing ~7 / ,2'~2j2011 ! COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 8, 2011 ~ECEIVED JUN 1 4 201/ Ov AppEALs SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town ofSouthold ZBA PO Box 1179 Southold, NYl1971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Schaeffer, Michael D'Addario, James & Janet MunicipalFfleNumbers #6480 #6481 Very tmiy yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H, LEE DENNISON BLDG. - 4TH FLOOR P, O, BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael Schaefer 184 N. Hewlett Ave. Merrick, NY 11566 Please take notice that your application dated February 17, 2011 For permit for a 30' X 50' outdoor sports court at Location of property: 760 Hill Crest Dr. No., Orient, NY County Tax Map No. 1000-Section 13 Block2 Lot 8.22 Is returned herewith and disapproved on the following grounds: The proposed new construction is not permitted pursuant to Article III Section 280-13 which states: "In AC, R... Districts, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed t° be used, in whole or in part, for any uses except the following". The proposed accessory structure is not a permitted use on this vacant lot MAY ~1 ! BOARD OF A~ DATE: ~ofl ], ]011 Amended: 4/1 8/11 Authorized Signature P~EC~IVED o o , 0 s-,,-,,:~ .... ~ .... ~o~ ~ u. X'~'~ I) SAME AS DIST: I~o~ ,SECT: ,~ BLK ~ ~ ~. . LOT: ~.~ ,ONSUFFOLKCOUNT~TAX'MAPS. ~ ~ THE EXISTENCE OF ANY RIGHT OF WAYS AND OR EASEMENT ~~~,,, .::~)S~' ~ BY ROBERT B. HOLZMAN, L.S. 20~o : LICENSED LAND SURVEYOR, N.Y.S. LIC. ,49176 ,~,~o,o I SCALE: ~,~AY 8 ~ 20II APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo.780 Street Hillcrest Drive No. Hamlet Orient Point SCTM 1000 Section 13 Block 2 Lot(s) 8.22 Lot Size .92 Acre Zo.e R-80 I ('vVE) APPEAL THE.,,WRITTEN DETER1VHNATION OF THE BUILDING INSPECTOR DATED ~Oll ~a~vq//~///BASED ON SURVEY/SITE PLAN DATED 11/1~a010 Michael E Schaefer Applicant(s)/Owner(s):. 184 N. Hewlett Avenue Merrick NY 11566 Mailing Address: Telephone: 516-377-5876 Fax: Email:nn~ I~(d)nntn Ii ~ ~t.=__a.~..~n..n~.n~. 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: for ~'-~wne~Other: Address: Telephone: Fax: Email: Please check to specify who you~3tt correspondence to be mailed to, fro. lt~e above names: ~-]npplicant/Owner(s), [~nuthorized Representative,u Other Name/Address below: VvrHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 11/16/2010 and DENIED AN APPLICATION DATED 2/17/2oll 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: "~ Section: 2s0-13 Subsection: FOR: Type of Appeal. An Appeal is made for: [~]A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section ['--]Reversal or Other A prior appealr--]has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o~ce for assistance) Name of Owner: ile # REASONS FOR APPEAL (additional sheets ma~, be ,sed with preparer's signature): ARE.4 VARL,INCE RIz~.ISONS: (1) An undesirable change will got be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, becanse: Proposed structure is consistent with similar existing structures and the overall character of the neighborhood. ~OARD OFApPEAL~ (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: Absent a variance, the proposed structure would not be permitted anywhere on this lot until a principal dwelling is erected. (3) The amount of relief requested is not substantial because: But for the absence of a principal dwelling on this lot, the proposed structure would be permitted without a variance (Section 280-13). (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed structure is a sports court which will have little or no impact on the physical or environmental condition in the neighborhood. (5) Has the alleged difficnlt3, been self-created? [--']Yes, or [~No. Are there Covenants and Restrictions concerning this land: [7]No. ~]Yes {please fitrnish copF). 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 conmmnity. Check this box ~ IF A USE VARIANCI:' IS BEIN(~trQV~STED, dND P~rASE CfMPLETE Till:' .4TTACHED USE VARIANCE SHEET: (Please be sure~'Codsn~t yo~ attorn~,.) // / / Signature of Appellant o~Authod~ed Agent S~sorn Notary Public ~ ~. ~O No ~ ~Offimisslon Ex,fei ~ l~ ~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Michael E. Schaefer Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~//~/~// BOARD OFAPPEAL~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: 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: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessa~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Vacant Land/fiosidential Lot Number of Floors and Changes WITH Alterations: Sports Court IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your pr.oj~erty: 0 Proposed increase of building coverage: · Square footage of your lot: qO Percentage of coverage of your lot by building area: o V. Purpose of New Construction: Private Sports Court 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): 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 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ls the subject promises listed on the mai estate market for sale? Yes ~ No Are there any proposals to change or alter land contours? /' No Yes please explain on attached sheet. REC~I~D MAY 8 1 2011 BOARD OF APPEALS 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? ~///~' 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? /Y~O Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_ ,~O 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? /Y.J .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. you or any co-owner also own other land adjoining or close to this parcel? ///£'2~ Do If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel andtheproposeduse ,O~ [ t/at ,-E ~'~a~ ):":$ .. (ex: existing single family, proposed: same with garage, pool or other) Authonz TOWN OF SOUTHOLD · BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form NY.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Approved ,20 Mail to: Disapproved a/c f(~ /) { ;~tl{ } ~) 1' J Phone: Expiration ,20 FEB 1 7 2011 BLDG. DEPT. TOWN OF SOUTHOLD Building Inspector ~ICATION FOR BUILDING PERMIT Date INSTRUCTIONS // ,20// afThis application MU5 toe compl tely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee 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 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 of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The 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. /'Q- . / /') // / · /(~ig~a~e of appli~-ant ~'r name,If a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises /~/~ ~--~ rj/'?~,~'/.~-~ /~-~/zy-~:~' (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. Lo~ation of land on which pro,~osed v~rk will be ~one: House Number Street Hamlet County Tax Map No. 1000 Section /:~ Block ~ Subdivision ~gZ CZ£:~Fc~/"'~4~5 Filed Map No. Lot ~'~, ~/Z Lot 2. State existing use and occupancy of premises and intended use and q, ccupancy of proposed construction: a. Existing use and occupancy ~/'/~F__-~/¢7~ ,Z~/or~ b. Intended use and occupancy 3. Nature of work (checkwhich applicable): New Building. Repair Removal Demolition 4. Estimated Cost ~,2~O,,~ Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work .,o'~Ft~g ~. (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 Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear Rear .Depth 9. Size of lot: Front Rear .Depth ,//,~(_.,~ _ 11. Zone or use district in which premises are situated / o OO 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO i,,/ 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises? YES NO ,¢. 14. Names of Owner of premises//~1~ ~ ~'¢~t,c~r. Address .,/]¢,~tZzot.,,4/i///fb~ Phone No. Name of Architect Address / Phone No Name of Contractor ~ ~ &~m Address ~ o~/ ~ Phone No. ~ ~/- ~/~ 7/~O ] 5 a. Is t~Js ~o~e~ within ] 00 feet of a tidal wet]~d o~ a ~es~w~te~ weQand? ~S NO ~ ~F Y~S, SOU~HO~D ~OWN ~US~S ~ D.~.C. ~S MAY B~ ~U]~D. b. h ~is ~ro~e~ wJt~J~ ~00 feet of a tidal wefl~d? ~ Y~S __ ~0 ~ IF Y~S, D.~.C. ~S ~A~ B~ ~U[R~D. 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) OFk/0~O, Lt~S:° j/~~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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 applicatio'n 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. Sworn to before me this 11 day o f'~,~ 2011 ,,,,Z.. .- Notary Public NotarYNo.P,.hlle-State~# 01DE6122638of NewYork Qualified in Nassau County Commission Expires February' S~gnature of AppFlcang PROJECT I.D. NUMBER 617.20 MAY 3 ! 2011 SEQR Appendix C BOARD OFAPPEALS 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. APPLI_C~)~T/SPONSOR 2. PROJECT NAME 3. PROJE~ LOCATION: 5. iS F~.~OSED ACTION: L~t New [] Expansion "6. DESCRIBE PROJECT BRIEFLY: [] Modlflcatlon/&lleratlon 7. AMOUNT OF LANO//(FFECTSD: · Initially ~/~ ~" e~es Ultimately //~,~O acre, 8. WILL PROPOSED A~TION COMPLY WITH EXISTING ZONING OR OYHER E~USTING LAND USS REACTIONS? [] Yes [~No Il NO, describe briefly $, WHAT lB PRESENT lAND USE IN VlCINrl'Y OF PROJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDEP~L, STATE OR LOCAL)? [] Yes [~NNo If yes, list age,toy(s) and permlt/lpgr~vll~ 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VA~JD PERMIT OR APPROVAL? [~ Yes [~NO If yes, list agelt~/name and permtt/ipprovll ~2.~s A .ESU.T OF P. OPOS= ACT,ON ,~LL ~X,S.N~- FERMIT, A. ROVAL.~J,RE MODI~ATION? DYes I CERTIFY THAT THE INFORMATION PROVI~)EI~ ABOVE IS 'i'RUE TO THE eEST OF MY KNQWLEDGE ,,... " If the action is in the Coastal Area, and you sm a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER )ART II--ENVIRONMENTAL ('To be completed by Agency) RE~E~ ~ ~es ~No BOARD OF APP~ C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~TH THE FOLLOWING (Ar~wer$ may oe hanOwnuen. I ~egimlel WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? F-'Yes IS THERE, OR IS THERE L~KELY TO SM CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes J~'No If Yes, explain Srielly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otl~erwise s~gnificant. Eacl~ effect shouiP be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probai)illty of occurring; (c) duralion; (d) irreveraibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exp{anations contain sufficient detail to s~tow that all relevant adverse impacts have Peen identified and adequately scIdressecL question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action , on the environmental characteristics of the CEA. {~ Check this box if you have identified one or more potentially large or significant adverse ire'iS,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this Pox 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 attachments as necessary, the reasons supporting this cletermination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEDED MAY 3 1 2011 BOARD OF APPEALS WHEN TO USE THIS FORM: The fortn tnust 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 500feet of a fartn operation located in agricultural district. ~Ill applications requiring an agricultural data statement must be referred to the Suffolk Coun~ Department of Planning in accordance with Sections 239- tn and 239-n of the General Municipal Law. l) Name of Applicant: 2) Address of Applicant: -7~O ,&~tT. ,s~rr ~/./fro. ~tE/,C4vT'/o~ ~ 3) Name of Land Owner (if other than appFtc.ant): 4) Address ofLand Owner: /,~4//Y~,/(?/£,0/-Z~-'~,~f~ ff/t~/_./cT-.. ~// 5) Description of Proposed Project: ,/~'~'~/O/V O~t:: ' ~' ~°.(:lt/~%"Z' /ff'~O~/~7"~' 6) Location of Property (road and tax map number): .,4~/z~,~z.~'r'D~-/l&. /db~/~ 7) ls the parcel within an agricultaral district? [--INo [~"Ycs If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No [-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) 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 L /z o d £ 2. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-3.9~8 or,the ~goning Bo~Cd)of/Ap~Seals at 765-1809. Signature of Applicant t Date Note: 1. The local board will solicit comments bom the owners of land identified above in order to consider the effect of the proposed action 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 Agricultural 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 applicant 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 APPLICANT ~ SACTIONAL DISCLOSURE FO~ (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED MAY ~1 1 2011 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town o~[~1~ OF APPEALS and employees. The purpose of this form is to provide information, which can alert the Town of b~/~O possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Michael E. Schaefer (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: Tax Grievance Variance Special Exception If"Other", name the activity:. (Check all that apply.) Change of Zone Approval of Plat [~ Exemption from P/at or Official Map 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): 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); I 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 Submittedjl~L~ ~da~ of )~Jg ~0 ! / Print Name: Michaol ~. 8chaolor .~. ~.~TOWN OF SOUTHOLD PROPERTY RECORD CARD · OWNEP. STREFlr ~'~.~:) VlLLAG~ DIST. SUB. LOT S W ~P[ OF BUILDING ~O R~. S~S. r VL. ~ j ( FARM CO~. CB, MiCS. Mkt. Value UAy ~ ~ 2011 Till~l~ FRONTAGE ON WATER W~I~ mONTAGE ON ROAD J ~O ' M~l~d DEPTH ~ ~ 0 ' OY , H~ Plot 8ULKH~D Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/02/11 * * * RECEIPT * * * Receipt~: 104940 Transaction(s): 1 1 Application Fees Reference Subtotal 648O $500.00 Check#: 4840 Total Paid: $500.00 Name: Schaefer, Michael E 184 N Hewlett Ave Merrick, NY 11566 Clerk ID: CAROLH Internal ID: 6480 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 2, 2011 Zoning Appeal No. 6480 Transmitted herewith is Zoning Appeals No. 6480 of Michael Schaefer - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, Copy of Property Record Card, Notice of Disapproval from Building Department Amended April 18, 2011, Copy of Survey Showing Proposed Sports Court Dated November 16, 2010 Prepared by Robert B. Holzman, Ariel Photo of Property with Area Marked for Court, Drawing of Site Plan. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 30,2011 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 # 6480 Owner/Applicant: SCHAEFER, Michael ACtion Requested: A 30' X 50' outdoor sports court. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, LeA. Weis/~an ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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.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, JULY 7, 20tl 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 THU RSDAY~ JULY 7~ 20t t: 10:20AM - MICHAEL SCHAEFER #6480 - Request for Variance from Code Section 280-13 based on an application for building permit to build a sports court on a vacant lot, and the Building Inspector's March 2, 20tl, Amended April 18, 2011 Notice of Disapproval stating that sports court is not permitted on a vacant lot (without a principal dwelling), at: 760 Hill Crest Drive North, Orient, NY. SCTM#1000-13-2-8.22 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: Vic ki.Toth~,Town.Southold.ny.us. Dated: June 9, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, July 7, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin,q the returned letter to us as soon as possible; AND not later than June 27th: Please either mail or deliver to our office your Affidavit of Mailin.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 June 29st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before July 5, 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCHAEFER, M. # 6480 SCTM #: 000-13-2-8.22 VARIANCE: NON-PERMITTED USE REQUEST: SPORTS COURT DATE: THURS. JULY 7, 2011 10:20 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 #40298 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) R~/VED JUL ! 3 ~0~ BOARD OF APPEALS 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 30th day of June, 2011. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN 11.'00 AM - MICHAEL and EL- ZONING BOARD OF APPEALS LEN CARBONE g6483 - Request for THURSDAY JULY 7, Z011 i Variance from Article Ill Code Section PUBLIC HEARINGS 280-15 and the Building Inspector's May NOTICE IS HEREBY GIVEN, put- 20, 2011 Notice of Disapproval based suanttoSection267oftbeTownLawand on an application for building permit Town Code Chapter 280 (Zoning),Town of Southuid, the f~!lovd~ng 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 11971-9959, on THURSDAY SULY 7, 2011: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing June 9:30AM - ANDREW GRE1/NE #6387 9:50AM - ROSE L. MIL~ZO RE- VOCABLE~TRUST 86471 Sectioa~280-Z3 based On ag/~ppl/ca//on for building Permit tO build a sports court on ,a_ yaqam lot, a~-d the BUil~ inspec- tar $~March 2~ 2011, Amended ~l~ril 18, 2011 NOtice Of DisaPproval statifig that the sparta court is not pemfit~ed on a vacant lot (without a P~ a~lliag), at: 760 Hill Crest DriTM NOrth, Orient, NY. SCIM#1000.13-24.22 LER I~r/$.- Request for Validate Axttcl~ KX[lt ~ ~a~n 2~0-124 and the BuiMing l~l~et~r,s b.~rch 28, 2011 Notice of Disapproval based on an application ~ building Permit to con- stract a screen porch addition to a single family dwelling at 1) side yard setback of less than the e~de required 15 feet, at; 2145 Hay~aters ROad, Cutehogue, to construct aa accessory garage at 1) front yard setback of less than the code required ~0 feet, location: 1580 North Bayview Rd, (adj. to Goose Creek) Southold, NY. SCTM#1000-70-12-34. ll:20AM - EDWIN J. PISANI #6482 - Request for Variance from Code Article XXII Section 280-116B and the Build- ing Inspector's May 31, 2011 Notice of D sapproval based on an application for building permit for additions and altera- tions to an existing dwelling at: I I less than the code required setback of 75 feet fram a bulkhead, located at: 7180 Pecon ic ~ay Blvd.,(adj. to Great Pecouic Bay~ Laurel. NY. s~FM#1000-126-1 I-9.1 tion for h~ permit ~0r agdltiens/ at; 1) a nonco~formU~ building contain- ing a aoneon$~.g u~e ~h~ t~n- [ largex~ uales:~, the u~ of suhh bund/rig is chanted tO ~co~otming u~e~ Loc~tion: week(s), successively, commencing on the ' \ Principal Clerk day of 2011. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01.V06105050 Qualified In Suffolk Coul~tY ~.~0 PM - BROSTAR, L~C g~$463 Thc Board o~ Appeals wig hear all persons or their representatives, desiring !o be heard at each hearing, and/or desk- mg to submit written statements before thc concision of each hearing. Each bearin~g ~ill ~:~ti~ earl/er than desig- n.ated.abo~.~.w:.?~ ~ ava/i/ble for re- view during reg,.a? busine~ h~rs and prior to the da~; bi' thc hearing, ff you havequeafi0nl~*plea~ contact 6tfr office at, (631) 765-1809, or' by email: ~ Dated: Sune 13, ~011 ZONING BOARD OF AI~PEALS LESLIE ~ ~WEISMA~, CIiAIR. PER~ON 53095 Main Road (Mailing/USPSI 10298-1T 6/}0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, ~'~'~V-~ ~ ~-'(-~d~-~-- residingat //0'~ New York, being duly sworn, deposes and says that: ,~,~/t",~, On the ~o m' day of ~7~,q/~: ,20 Il, I personally mailed at the United States Post Office in ~'~"~ ~.e~ft, r,,.l~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a t~e 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 (v~ 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, surroundin~~t's.~~ .t~//t~ / (S~na~ure) to before me th'/ ~'¢~' pul~ll¢, State o7 . I/ (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. i-I= (EndorsementReturn ReceiPtRequimd)Fee ru r~ or PO Box No. Home I ~ I Sifln In Track & Confirm FA(~s Track & Confirm Search Results Label/Receipt Number: 7008 2810 0001 4945 1620 Expected Delivery Date: June 22, 2011 Class: First-Class Mail® Service(s): Certified Mail"" Return Receipt Status: Delivered Your item was delivered at 10:30 am on June 22, 2011 in NEW YORK, NY 10016. Track & CoMirm Detailed Results: · Delivered, June 22, 201'1, 10;30 am, NEW YORK, NY 10016 · Arrival at Unit, June 22, 20'1'1, 8:5t am, NEW YORK, NY `100`16 · Processed through Sort Facility, June 21,201`1, '11:39 pm, NEW YORK, NY 10199 · Acceptance, June 20, 20`11, `1:24 pm, EAST ROCKAWAY, NY 115`18 Nm~cadon Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. {~'? Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gatewa'~ H~me I Help $1an In Track & Confirm FAqs Track & Confirm Search Results Label/Receipt Number: 7008 28t0 0001 4945 1590 Expected Delivery Date: June 22, 2011 Class: First-Class Mail® Service(s): Certified MailTM Return Receipt Status: Delivered Your item was delivered at 12:45 pm on June 23, 2011 in NEW YORK, NY 10013. Track & Coif=mn Enter Label/Receipt Number. Detailed Results: · Delivered, June 23, 2011, 12:45 pm, NEW YORK, NY 10013 · Arrival at Unit, June 23, 2011, 6:43 am, NEW YORK, NY 10013 · Processed through Sort Facility, June 22, 2011, 11:56 pm, NEW YORK, NY 10199 · Acceptance, June 20, 2011, 1:25 pm, EAST ROCKAWAY, NY 11518 ca o. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ~! Site Map Customer Service Forms Gov*t ~ervices Careers Pdvacy Policy Terms of Use E~usJnes$ Customer Gateway · Complete items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. · Print your name end address on the reverse en 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. Artk~e Addressed to: PS Form 3811, Feb~ary 2O04 X 0 Ag,mt B. Received by (PdntedName) C. Date of Oeltvmy D. Isdelive~yaddmssdlffemntfromlteml? DYes if YES, enter deilvmy address below: [] No O Ce~fled Mall 0 Express Mall [] Registered [] FJetmn Receipt for MemharxJiae [] Insured Mag [] C.O.D. 4. Restricted De~ive~? (Extra Fee) [] Yes TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~/~ ~tg~ tdO~s~___ residing at ., New York, being duly sworn, depose and say that: On the .~ 7Z~ day of ~,O/~__ ,201 f , I personally placed the Town's Official Poster, with the date bf 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) days~12rior to the date of the subject hearing date, which hearing date was shown to be ~t~p~ ~ ~r)! ! ~ ' ~ (S~gna~re) · / ~ ~..;~ytO before me this ~ of (.~ ciA/,..9- ~, 201 I VA$1LIKi ROUMBA ~[ ~ // ~Notary Public, State of New York ~o~y Public) ~mm ~ v ~i * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete Items 1,2, and 3. AJso complete Item 4 if Resbtcted Dellvmy is desired. · Prtnf your name and address on the reverse ~ii~ we can return the crud to you. this card to the back of the mailplece, or on the front If space permits. A. Signature [] Agent '3 Addre~ese address different from Item 17 Yes If YES, enter dallvery address below: I-1 No Sewk=e Type [] Certified Mall [] F_xpress Mall r'l Registered [] Retum Re(~lpt for Merchaxllse [] Insured Mail [] C.O.D. 4. Restricted Dalivef,/? (Extra Fee) [] Yes 3811, February 2004 Do{l~tlc Return Receipt · Complete Items 1, 2, and 3. Also cornplete Item 4 ff Restricted Delivery Is desired. · Print your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the maJlplece, or on the front ff space permits. B. Received by ( P~fnted Name) Addressee ,;>, · [] No ~ [] Ce~lflad Mall [] Express Mall [] Reg~temd [] Return R~celpt for Merchandise [] Insured Mall C1 C.O.D. 4. Restdctad Delivery? (Exba Fee) [] yes PS Form 3811, February 2004 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 22, 2011 Michael E. Schaefer Family Trust 184 N. Hewlett Ave. Merrick, NY 11566 Re: ZBAAppeal #6480 Dear Mr. Schaefer: Enclosed is a copy of the Board's July 21, 2011 determination filed today with the Town Clerk regarding your application. ~Toth Encl. Copy of Decision to: Town Clerk (original) Building Department 7,13 Real Property Tax Service Agency