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HomeMy WebLinkAbout6478ELLENBERGER¢ PAUL '~120 Variance November 20, 1958 GRANTED permission to build garage with insufficient side-yard setback, Lot 376, ~a~ate~s RDad, Cut~hogue. 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 Sonthold, 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 .ON,NG BOA, D OF APFEALS TOWN OF SOUTHOLD c~U~25~'~"~0 C] .' Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINA$ION~Lt(' ~ MEETING OF JULX~'~A, 2011 $outhold Town Clerk ZBA FILE: 6478 NAME OF APPLICANT: SCOTT and JULIA OSLER PROPERTY LOCATION: 2145 Haywaters Road, Cutchogue, NY. SCTM# 1000-111-7-3 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. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a single family dwelling. It has 100.00 feet of frontage on Haywaters Road, 250.00 feet along the north property line, 100.00 feet on the east property line and 250.00 feet on the south property line as shown on the survey last dated 5-12-2011 prepared by John C. Elhers, LS. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's March 28,2011 Notice of Disapproval based on an application for building permit to construct a screen porch addition to a single family dwelling at 1) side yard setback of less than the code required 15 feet. RELIEF REQUESTED: The applicant proposes a screen porch addition to the rear of the dwelling at 12 feet from the side property line where the code requires 15 feet. ADDITIONAL INFORMATION: The existing dwelling was granted a variance in 1958 (Appeal No. 120) for a garage addition at 5 feet from the side yard and another variance for a rear deck addition in 2003 (Appeal No. 5240) at 12 feet from the side property line. The deck addition was never constructed. The proposed screened porch is noted at 12 feet from the side property line, the dwelling currently exists at 4.5 feet from the side property line. 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 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). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing one story dwelling is 19 ft. high to the roof ridge and the proposed screened porch on the rear of the dwelling is only 17 ft. high to the ridge. Therefore, it, and the proposed adjoining deck, will not be visible from the street. Also, the rear and side yards of the subject property are heavily screened by mature evergreen trees. Page2 July21,2011 ZBA File#6478 - Osier CqM: 1000-11 I-7-3 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could reduce the size of the screen porch addition and achieve a conforming side yard setback. However, the existing siding and doors on the rear elevation of the house were located to accommodate the eventual construction of a deck based upon the side yard variance that was previously granted. Removal and relocation of these features would be a cost burden to the applicant. 3. Town Law l~267-b{3)(b)(3). The variance granted herein is mathematically substantial at a requested relief of 20% from the code. However, the proposed setback of 12 ft., is more conforming than the 4.5 ft. side yard setback of the existing house and maintains the setback previously granted by the ZBA. 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 proposed screened porch will meet the onsite drainage code. 5. Town Law §267-b(3)(b}(5). The difficulty has been self-created. However, the existing dwelling is situated 4.5 feet from the side property line. The proposed porch is requested at 12 feet from the side property line and the configuration of the rear door is such that the proposed location is most cost effective. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a screen porch while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey last dated 5-12-2011 prepared by John C. Elhers, LS. And the architectural drawings dated revised 5/6/2011, pages 1 of 3 and 2 of 3, prepared by Donald G. Feller, Architect. 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 Depa~nent of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconlbrmity l/ore od'the Board: Ayes. Members Weisman (Chairt~erson), Homing, Goehringer, Dinizio, Schneider. 7his Resolution was duly a.dopted (5 Leslie Kanes Weisman, Chairperson Approved for filing ~/,22~./2011 / FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 28, 2011 RECEZVED MAY ! $ 2011 BOARD OF APPEALS To~ Scott & Julia Osier 2145 Haywaters Rd. Cutchogue, NY 11935 Please take notice that your application dated March 17, 2011 For construction of a screen porch addition at Location of property 2145 Haywaters Rd., Cutchogue, NY County Tax Map No. 1000-Section 111 Block7 Lot 3 Is returned herewith and disapproved on the following grounds: The porch addition on this non-conforming 25,000 sq.ft, lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is inteaaded 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." On lots between 20,000 sq. ft. and 39,999 sq. ft., the required side yard setback is 15'. The site plan indicates a side yard setback of 12'. · Authorized Signature ~,ECEI~/ED t~oARD OF APPEAI-~ Z NS--../osq,OO,,E 40.4' 12.0' 575 steps 2.50.00' ~U~VE¥ OF LOT "MAP OF ~EOTION NASSAU POINT P~OPE~TIES, INO" FILED IN THE OFFICE OF THE C4DUNTY' C.LEt~.. ON I~/~/~ ~U~L~ C~UN~ TAX TO: SC~ ~A OS'if ,T~ COW. ~ NA~ONA~ TH'k'L~ ~S~C'FR CO~A~ ©F ~E~ YO~ NOTED: ~APHIC ~CALE SS-/osq'OO"ld LOT 250.00' JOHN C. EHLERS LAND SURVEYOR DONALD G, FELLER * ARCHITECT ~'~v :~~/~/~ ,~ ,\ ~NALD G, FELLER · ,ARCHITECT 1172~ I~ln I~o~d · RO.' BOX 1692 · M~tffi'u~k, N ¥. i t 9~2 FINAL MAP REVIEWED BY ZBA SEE DECISION # ~.~1~ DATED t4AY ! 6 2011 BOARD OF APPEALS Assignment No._{~ ~ RECEIVED MAY l 6 2011 ~OARD IF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS '- t-{ t-[o,~/t,o~0-fJ ~A. Hamlet C/'?-o4CCxoO.~q,c.j~- HouseNo. 31 ~ Street SCTM 1000 Section [[~ Block 7 Lot(s). 3 Lot Size ~Oo0 SF Zone I (V~E) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3 / ~ ] ~0 Q BASED ON SURVEY/SITE PLAN DATED I 3./q/tact'/ . Applicant(s)/Owner(s): Mailing Address: .~[z~S- Telephone: F x: 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 ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE~UILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED i ~. / q ./[~6~ 7 and DENIED AN APPLICATION DATED ~ ~17/~10 II FOR: ( ) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction (,~ Other:g',~adeqtJa]t~ 5,rt~yard Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: )~'Xlt I Section: ~. ~O - t },~ Subsection: Type of Appeal. An Appeal is made for: 0~ A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 250-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal j~ has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). ~-,~ tqD Year(s). I/~l.~/~,O03 . (Please besure'to research before complettng tbi,s question or call otr office for ass/stance) REASONS FOR APPEAL (addttional sheets may be used with preparer's signature): AREA VARIANCE REASONS: MAY 1 $ 2011 ~OARD OF APPEA~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the a~pli~ant C~OT be achieved by some method feasible for the applicant to ~ursue other than an area variance, because; h ' * I - ~ · (3) The amount of relief requested is not substantial because: y~. (4) The variance ~ill ~0~ have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: {5) Has th~ alleged difficulty been self-created? ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: iS/No. [] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, qND/fLEASE COMPLETE THE ATTACHED USE VARIANCESHEET: (Please be sur~ ,nsultffyour Signatl e of Appel~ or Authorbed Agent Sworn tq ~f~re me this ] ~ (Agen~ t sub~t wriUen Authorization from Owner) day o~ 20 1 f ^ ~o. 018(6099317 --' ~ Muallfied n Suffolk County ~ommlssion Expires Sept. 29, _ Application by: Office Notes: Page3Assigned Applicatio~,o. IOLab) ~ECE~I MAY ~ §, EAI.S Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the si.clnature and notary area below. Sworn to before me this day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Notary Public) zB^ ^pp 9/3o/o: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: '~-o-H- O, SLo~r" Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~ECEIVED MAY 1 6 ZOI1 ~3OARD OF APPEAL~ II. New Construction Areas (New Dwellinag or New Additions/Extensions): Dimensions of first floor extension: _~ ~ x { g. LJ ~ i C> x ~, tb '~ Dimensions of new second floor: Att/~ Dimensions of floor above second level: /V/~ Height (from finished ground to top of ridge): 1~ "~-;~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: A/0 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: ~ r~c~¢ Number of Floors and Changes WI'IH Alterations: g Cv~ ~--~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Iq Proposed increase of building coverage: .~ Square footage of your lot: /~ I Percentage of coverage of your lot by building area: V. Purpose of New Construction: S~ ~ ~ ~c-~ 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 Is the subject premises listed on the real estate market for sale? Yes /~ No Are there any proposals to change or alter land contours? ,~ No Yes, please explain on attached sheet. RECEIVED MAY 1 $ 2011 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? /9/0 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 area7 pJv 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? plo Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? fifo 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 premmes. 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. present use or operations conducted at this parcel t~a~,-fft,~ ~. / or,// Please list and the proposed use c'e~;d.t,~ 4,~: / .~,,/.~ _. (ex: existing single family, proposed: same with garage, pool or othefl Au~/-e~l signature and Date PROJECT I0 NUMBER PART 1 - PROJECT INFORMATION 617,20 APPENDIX C STATE ENVIRONMENTAL QUALrTY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Ap )ticant or Project Sponsor) RECEZVED BOARD OF APPEALs 1.APPLICANTISPONSOR 2. PROJECT NAME 3.PROJECT LOCATION: 4. PRECISE LOCATION: Stree,~JAdeess and Road Intersections. prominent landmarks etc -or provide mad 5. IS PROPOSED ACTION: [] NeW ~Expan,ion' E~ediflCal~on/M~-~fation B. DESCRIBE PROJECT BRIEFLY: 71AMOUNT OF LAND AFFECTED: IniUally ~ '~, [ OO5~: acres ~), ~'~,~' UIUmately ~-~, ~O acres 8. ~LL PROPOSED ACTION COMPLY ~TH EXI~ING ZONING OR O~ER RESTRI~NS? 9. WHAT tS PRESENT ~D USE IN VlCINI~ OF PROJECT? ~C~e ~ma~ as apply,) AGENCy10' DOES(Federal,ACTION StateINVOLVEo~ L°Cal)A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL ]Yes [~No If yes, list agency name and pemlJl / approwal: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? r-]Yes [~]No I! yes. list agency name and permit / approYah [t .~_LA.S A ~..~ULT OF PROPOSED ACTION WILL EX~STING PERMIT/ APPROVAL REQUIRE MODIFICATION? I cERTIFY THAT THE INFORMATION PROVIDED ABOVE iSTRUE TO THE BEST OF My KNOVV. LEDGE ,Applicant /~~ Signalur~e ~ .~ If the action is a Costal Area, and you are a state agency, AECE/VED 3OARD OF APPEALS PART 11 -. !MPACT ASSESSMENT (To be comp!e!ed by Lead Agency) A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAF. E~Yes r--]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WFrH THE FOLLOWING; (Answers may be handwritten, if legible) Cl. Existing air quatil~, surface or gmuedwater qua~Ay or quantily, noise levels, exle~ng Iraf~c geltem, solid waste production or disposal, potanl~ for emeies, drainage or Itnodlng problems? Explain b~e~y: C2A 9, ........... ; · ,.e. ~, agrlcugur~, ard~..,~w;,.~, h~k.l% or other natura~ or cutiural res<~ me~s;-"~r sommunily or neigblx~o~J ch~mc~r? ~xplaln briery: / I egeted~ or l'a una fish, shellfish or wildifta species, significant habiteb~, o¢ I~raste~ ~- endang,ored spec es'~ Explain briefly 1 04. A community's existing ptans or goals as o/flclelly a(~lried ~ a change in use ~ latens~ly of use' of land o~'oth~r r~ral ~e$oun:es? ' ' in i'i , ' C5. Orowih, subsequent development, or related act vA?s likely fo be induced by he proposed action? Exp a'n briefly: D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERIS~'ICS THAT CADSEO THE ESTABLISHMENT OF A CRITICAl E. tS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADV, ERSE ENVIRONHENTAL IMPACTS? If }~s ex,lain: PART III - Ol= J ~'.I~MINATION OF ~.IONIFICJ~d~ICE [To be completed by Ageilcy) INSTRUCTIONS: F~reac~adve~see~ectidenti~edab~ve~determinewr~ethor~tissubstant~a~'~arge~mp~r~nt~r~the~w{sesigni~canL Each effect should be assessed In coenection with its (a) setting (i.e. urban o~ rural); (b) probability of OCCUrring; (¢) duration: (d) irreverelb~Jty; (e) geographk; soope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure thai explanafioes contain su fl~cient detail to show that att relevant adverse impac/s have been ~entified and adequately addrassed. I f question d of part ii was checkad yes, tl~e determination of significance must evaluate the potential impact of the proposed aclion on ~he environmental chara ctaristic;s of th e CEA. Check this box If you have Idemifled one o~ mom penn,ally large or significant adverse In,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive dec~aredo~. Check this box tf ¥o~1 have determined, based en the infortm~tion arid analysis above and any suppoding documentation,/hal the proposed actJor WILL NOT result in any significant adverse environmental impacts AN~ provide, on attachments as necessa~/, the reasons supf)o~ting thi." detarmlnation. Name~'LeadAgency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer {if different from responsible oTfmer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, slie plan approval, use variance, or subdivision approval on prope~ within an agricultural district OR within 500feet o fa farm opera{~n located in agricultural district. AH applica~ons requiring an agricultural data statement must be referred to the Suffolk Coun~ Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. t)N~eofApplic~t: ~ ~ ~((a 2) Ad~ssofApplic~t: ~tq~q~a~ ~d ~oa~ ~ ~y 11~3~ 3) N~e of ~d Owner fif other than ap~lic~t): ~ ~ O ' 4) Ad'ess of Land Owner: ~ ~ ~ 5)Desc~fi~nofProposedProject: O~ ~o~c~ 6) Locatmn of Property (road and tax map number): ~/q~ 7) Is the p~cel within an agricultural district? ~No ~Yes If yes,[ Ag~cultu~l District Number 8) Is this parcel actively fa~cd? ~o ~Yes 9) Name and address of any ow~er~s~ of [and within the agficultu~l district containing active fa~ operation(s) located 500 feet of the bounda~ of the proposed project. (~fo~ation may be available t~ough the Town Assessors Office. Town Hall location ~765-1937) or from any public computer at the Town Hall locations by wewing the parce] numbers on the Town of Southold Real Prope~y Tax System. v/AName and Address (Please use back side of page if more than slx property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Boa~'d of Appeals at 765-1809. . Si/~ature of Applic~t ~ate Note: / / 1. ~e lo~oard will solicit comments ~om the owners of land identifi~ above in ord~ to consider the eff~t of the proposed actidn on ~eir f~ o~tion. Solicitation will ~ made by supplying a copy of this smtm~t. 2. Commits returned to the local ~ard ~ll be tak~ into consid~tion ~ pm of the ov~all rev~w &this applicaion 3. Copi~ of the complet~ Agricultural Data Stat~ent shall be s~t by applic~t ~or ~e cl~k of~e bo~d to ~e pmpmy ownm identifi~ above. ~e cost for marling shall be paid by the applicgnt at the time the application is submitted for review. Failure to pay at such time means the apphcation is not complete and cannot be acted upon by the board. -14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM MAY 1 2011 ~IOARO OF APPF~LS The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of town officers and employees. The mn-Dose of this form is to nmvide information which can alert the town of nossible conflicts of interest and allow it to take whatever action neco~arv to avoid same. (Last name. first name, middle initial, unless you are applying In the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance )(' Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other". name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee oftbe Town of Southold? "Relationship" includes by blood, marclage, 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% oftbe shares. YES NO ~ you answered YES complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that persol] Describe the relationship between yourself (tbe applicanffagenurapresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __Al 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, panner, or employee oftbe applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIp Form TS 1 Submitted this /Q' day of Signature ~ ~ Print Name/ .~ ,a_ h'~,. ~_.,)$J..~,,./- TOWN OF SOUI'HOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20 Disapproveda/c ~ '?/1~//Il PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIS' Do you have Or need the following, before applying'~ Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Expiration ,20__  Building Inspector I ~ I Date , 20 ~. 0~v_~:.. ~ I INSTRUCTIONS - a. Thi~a ~ MUST be completely filled in by typewriter or m 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, Suftblk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises q--~c--<YJC~-¢ '~It,.(~. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title 0f cOrpOrate officer) Builders LicenseNo Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number stre(~ County Tax Map No. 1000 Section / } ! Block "~ Subdivision Filed Map No. Hamlet Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy T b. Intended use and occupancy ~C.,r-..~-~..~ in Da>.cc~ ~, c Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost 5~'~"T)~ GEX~ Addition Other Work Fee If dwelling, number of dwelling units . If garage, number of cars /t//,,,4 / If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~c~- Height. Number of Stories Alteration (Description) 8. Dimensions of entire new construction: Front Height Number of Stories (To be paid on filing this application) Number of dwelling units on each floor Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories / Rear 9. Size of lot: Front lbot Rear I bO~ 10. Date of Purchase 1,~ q ~' Name of Former Owner Depth Rear D ep t h Depth 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zon~.ng law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO ~'/Will excess fill be removed from premises? YES 14. Names of Owner of premises ~ ~")~s~--~ Name of Architect -[Do,r, ~.~"(.~ Name of Contractor 'F ~ NO Address CL&h/dm.t /II, hone No. ~,~f-7~-,26-,~'r~ Address 'p.o. 6~ / ~,72_ Phone No ~?o*- 5'~/~3 Address Phone No. NO 15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES * 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. 16. Provide survey, to scale, with accurate tbundation 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. l 8. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, cONNIE D BUNCH - "e of NeW ¥o~< Nota~/public ~'m~ (S)He is the t;~. 0 (Contractor, Agent, Corporate Officer, etc.) Ot~. ed,.....~m Colllml~on 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. Sworn to before me this. Iq'~ dayof Notary Public ignature o~'kpplicant Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALs All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# / / / ~ ~ The Application has been submitted to (check appropriate res[~ Town Board [] Planning Dept. [] Building Dept. I'q Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: ~ECE~VED 1 201 ~GARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~ ~ (b) Mailing address: ~. ) c~ ~- (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? NoJ~r'j If yes, which state or federal agency? Yes DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances communi/y character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] No )~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [~ No ~<~ (Not Ap,plicable - please explain! ~ECE~VFr~ Atlach additional sheets if necessary ~,~¥ I § ZDII Policy 3. Enhance visual quality and protect scenic resources throughout the Town ofl~[~o~.'~t~Al~ LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No'~ (Not Applicable- please explgin) ,i ~ 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 [] Now (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 [C~ (mot Applicable - please explain) C/ c>4 ~,)~[~c~_~ & Ca~4c~ Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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) ~ECEZVED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No, Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No ~/(Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No:(Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No//~ot Applicable- please explai~.~L i~ ~ ~ c~ ~-~ Attach additional sheets if necessary BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. []Yes No ~ Not Applicable - please explain ~c>'~ C ~3~(~ 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 U)~jf (~ /~ ~v ,' ~ tfc~ /~ j © Attach additional sheets if necessapy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. No.~ Not Applicable - please explain Yes IMG_0443.JPG IMG_0450.JPG IMG_0465,JPG TOWN OF SOUTHOLD PROPERTY RECORD CARD "?- OWNER STREET ~_/L~ VILLAGE DIST. SUB. FoR"MER OWNER N E ACK. IT~C,'~ ti-. ~: ~,;f~k M. 1'~o~_~ S W ~PE OF BUILDING RES.~ S~S. VL. FA~ COMM. CB. MISC. Mkt. Value AGE BUILDING CONDITION N ~ NOR~L BELOW ABOVE ~ECE~ED FA~ Acre V~lue Per Value Acre / ~AY ] 6 2011 T~le 1 Tillable Tillable 3 Woodland Swampland FRONTAGE ON WATER ~rus~,~n~ ~ON~ON~O~ /~/~ ~ Hou...,o, ~H ~ y~ _ Totol D~K DLOR RLM 111-7-3 3/04 M. Bldg. Extension Extension ,Foundation Basement Bath Ext. Walls ~'4/~ff Interior Finish Fire Place Dinette K. Extension Breezeway k:arage Patio Porch Total Type Roof Heat Rooms ]st Floor r~,~eway Recreation Roorr Rooms 2nd Flora Dormer LR. DR. BR. FIN. B. TOWH OF SOUTHOI.D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. J ~ TO THE ZONING BOARD OF',~PPEALS, TOWN OF SOUTHOI~D, N. Y. ° ..... ~E Z~l~ ~D ~ ~ FR~ ~E ~lSlffi ~ ~ :B~LDING-I~ ~N ...~.~.~.~.~ .................................. .............. .................... (K) ~TOU~ ~uILD ~ECEZVED MAY ] 6 Z011 BOARD OF APPEALS 1. LOCATION OF THE PROPERTY.....III~J&~J~g~I~Ii~J..II~Z. .................... .~...Y'...~ Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicote the Article Section, Sub- sectian and Paragraph of the Zoning Ordinance by number. ~o m quoth'the Ordinonc~.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of occess (Store of New York Town La~ Chap. 62 Cons. laws Art. 16 ~ec. 280A Subsection 3 4. PREVIOUS APPEAL A previous apf~al,,,~Jm~ (hes not) been mode with Jespect to this decision of the Building Inspector or with respect to this properly. Such appeal was ( ) ~luest for a special permit ( ) request for a ~ was made in ~peaJ No. -... ...................... ~:....Dat~ ...~ .............. ~..~...~..; ....................................... Rr:~a~SON FOR APPEAL ( ) A Vorionce to Sectlm 280A Subsectlo~ 3 ()~ A Va~iame to the Z~i~ ~r~inance ( ) . (Ca~finue a~ other side) ~,ECElrVED REASON FOR APPEAL Continued MAY ! 6 2011 -~'::S~:RICT AppuCATIO?/OF THE ORDINANCE would produce UNDUE HARDSHIP because '~B ~ ~ ~.o ~ ~ ~ ~ ~OO~ ~I~IITe ~OARD OF APPEALS 3. The Voriance would observe the s~oirit of t~e Ordinance and WOULD NO]' CHANGE THE CHARACTER OF THE DISTRICT because ~, '~l ~ g~' ,emi ~ :Bi ~ ~O STATE OF NEV~ yORK ) C-e~ P. Ooehr~t Geo~ Homing Ruth D. Oliva ~OAP. I) OF APP~AI~ TOWN OF SOI~fHOLD RECEZVED Southold Town Hall s o S .o,d MAY 1 6 2011 P.O. ~ 11~ ~Y~ ~D OF APPEA~ ~F~ ~31).7~-~ FINDINC-S,' [~:UI~R.'%TI~ AND DETERMINATION ~ OF JANUARY 23, 200~ ,' F1NDINC-.-.-~ OF FACT fincls b'ne follo~ng fec~ M be tree and mle~m~ 10o,242.A.a~!f013-~f4, based o~ the cOnoem~g ix0fx~ed addt~0m/~ to the less than 35Fc total side ya~s, on this 25,003 sq. ft. nor~onfom~i~g.sized ,parcel. The applicants' _su~e~/ .revised 1/13/03, prepared by Jo~n C. Ehlers, ES, shows new f~u~~ of 22' X 29.8' proposed atme south e~_. [gac~ge ama), a~d new deck, ~ the exi~ng steps, stoop and pe~, and a new B0co door proposed at 5.5 pROPERTY, FAC~TS/[~SCRIPTION: Applicants' prope~ is located o~ b~t ~ast side of Hayw~tem Eoad;.i~Jti:~gue. The prooerty is also referred to as Let #376 onqhe Map of Pa~:e{ 10G0-111-7-3 a~ O,~,uejue REASONS FOR BOARD ACTION: ~ on t~e ~ ~nd record before the Bo~d 1. Gmn~ of the vmi~nce will not produce ~n unde~imble change in ffm ch~ct~r of the feasible fro- applicant Itmt outweighs f~e benefit to tim public. 3. The requested vmiance is substantial and mp~ a 10~' mduc~on ;r~, Ihe 15 fi* code requirement for a minimum 15 It. si~ YIn'el se~)ac~ 5. There is no evidence '~tat the grant of the va~nce will have an adverse imp~t ~n the i~,~sical or environment~ conditions in the nelghlxxtKx~ or dis',~ WI~ the proposed RESOLUTION/ACTION OF THE BOARD:. In considedng all of the above factors, and applying the balancing test under New Yort: Town Law. motion was offered by Member Orlando, seconded by Member ~, and duly ~arfled. to prepared by John C. F-Jllem, LS. RECE~/ED I AY 1 6 BOARD OF APPEALS ~ IiXX}-111-7-3 at Cu~d~ RECEZVED BOARD OF APPEALS V~ut~ of the, Board: ~) ~~~(~* 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 May 17, 2011 Zoning Appeal No. 6478 Transmitted herewith is Zoning Appeals No. 6478 of Scott & Julia Osier - 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, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated March 28, 2011, One Page of Photos with Stakes Where Screened in Porch will be, One Page of Property Record Card (Both Sides), Copy of Zoning Board of Appeals No. 120 Dated November 3, 1958, Copy of Findings and Determinations from Board of Appeals No. 5240 Dated January 23, 2003, Copy of Survey of Property Showing Existing and Proposed Construction Dated May 12, 2011 Prepared by John C. Ehlers Land Surveyor, Two Pages of Plans Showing Floor and Elevations Dated March 4, 2011 Prepared by Donald G. Feiler Architect. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/16/11 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 102898 Reference Subtotal 6478 $500.00 Cash Total Paid: $500.00 Name: Osier, Scott D 2145 Haywaters Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6478 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5-16-11 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP PAID BY $500.00 RECEIVED 6478 OSLER, Scott & Julia CASH MAY I 6 2011 $o~ Ithold Town Clerk TOTAL $5oo.oo Thank you. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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, JULY 7, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 7, 20t t: 10:40AM - SCOTT and JULIA OSLER #6478 - Request for Variance from Article XXlll Code Section 280-124 and the Building Inspector's March 28, 201t Notice of Disapproval based on an application for building permit to construct a screen porch addition to a single family dwelling at 1) side yard setback of less than the code required 15 feet, at; 2145 Haywaters Road, Cutchogue, NY. SCTM#1000-111-7-3 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 priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vicki.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) 53095 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 al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts 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 hearing, providing 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 Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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 applicantJagents 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: OSLER, S. & J. # 6478 SCTM #: 1000-111-7-3 VARIANCE: SIDE YARD SETBACK REQUEST: SCREEN PORCH ADDITION DATE: THURS., JULY 7, 2011 10:40 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 #10298 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RE~IVED JUL ! 3 7_0~1 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__ week(s), successively, commencing on the 30th day of June, 2011. ~-~ a.~_..---- Principal Clerk Sworn to before me this LEGAL NOTICE SOUTI~OLD TOWN ZONING BOARD OF APPEALS THURSDAY SULY 7, 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 followi~g~ public hear- rags will be he, Id by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. P.O. Box 1179. Southold. New York i1971-~959, on THURSDAY JULY 7, 2011~ Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing June 2,2011: VOCABLE-TRUST $6471 ~lgit~ Request for $ectioa 280-13 based on aa application for building permit tO build a sponscourt tor's-March Z 2011, Amended ~til 18, 2011 Notice of Disapproval atating that vacant lot (without a ~ dwelling), NY. SCWM#1000-13-2-8.22 I~4~AM.- Sco'n' Jml ~ OS- LER ~47g; Requ~t for Vari~ ~om Amcle ~c.X~i ~ $o~g~a 280-124 and the Building lmi~tor'a M~rcb 28. 2011 Notice of Disapproval based on an application f~r build/ag permit to con- family dwelling at 1) side yard setback of less than the code required 15 feet, day of 11:00 AM - MICHAEL and EL- LEN CARBONE ~6483 ~ Request for Variance from Article III Code Section 280-15 and the Building Inspector's May 20. 2011 Notice of Disapproval based on an application for building perm, to construct an acce.~ory garage at II front yard setback of less than the code required 40 feet. location: 1580 North Bayvmw Rd. (adj. to Goose Creek) Southold. NY. SCTMgI0~0-70-12-34 ll:20AM - EDWIN J. PISANI #6482 - Request for Variance from Code Article XXII Section 280-116B and the Build ing Inspector's May 31. 2011 Notice ol Disapproval .based on an application for building permit for additions and altera- tions to ala existing dwelling at: II less than the code required setback of 75 feet from a bulkht~ad, located at: 7180 Pecon- ic Bay Blvd.,(adj. to Great Peconic Bay Laurel. NY, g~PM#10~0-126-11-9.1 don for b~$ .permit f~r a4dRions/ at; 1) a noneor~formmg buiidin$ iag a vion~m~rm~- ~ u~e ~h~[l ,~o~ be ¢~- larged unles~ ~e Carryover Hearings, coatinued from · 1:30 PM - MARY BE,TH HENSON (,,/~~'~ 2011. ~ CHRISTINA vOLINSKI NOI'ARY pUBLtC-STA'{E OF NEW YORK No. 01 -V06105050 Qualified in Suffolk County 2.'00 PM - BROSTAR, LJb~ 06463 The Board of Appeals will hear ail persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion, of each heaving. Each hea~g ~vill ~l~:~tatt eadie~ than desig- ngted ab6 ~ve~,~ ~ av~ie for re- view during re~ busine~'ll~rs a~d prior to the day Of the heating. I{ you have~luestion{'~le'~e contact 6ar Office at, (63i) 765-I809, or' by email: Vib. ki. TothC~rl~wn ~t~ut hold n y. tts. Dated: Suae 11}~ ~111 ZONa-NO i~OARD OF A~PIiALS LESLIE Y,,Ai, a3 $ WE!S M~4;, CFI,MR_ PERSON BY: VickiToth 54375 Main Road (Offic~ Location) 53095 Main Road (Maihag/USPS) 1~O. Box 1179 Squthold, NY 119714)959 10298-1T 6/30 TOWN OFSOUTHOLD ZONiNG BOARD OFAPPEALS 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, residing at New York, being duly sworn, deposes and says that: ot~ On the "~ da2~ of ~ ~-4 ,20!(, I personally mailed at the United States Post Office in 0o'~ c~, cc~_ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the at. tach/od Legal Notice in Prepaid envelopes addressed to current property owners s~wn on the current assessment roll verified from the official records on file with the (k/)' Assessors, or/(~) County Real Property Office for every property which abuts and is across a public/6r ~ivate street, or vehicular right-of-way of record, surrounding the applicant's property/ /~ (Sign~tl~re~ Sworn to before me this c~day of ,~0,~ ,20 Notary Public.State of New York (Notary Public) No. 01106190696 Qualified in Suffolk County. Commission Fxoires lulv 28, 20_~__~ 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. (Endorsement Required) Postage Postage Cedified Fee D Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees I ~it~tAL USE r,- Return Receipt Fee (Endorsement Required) Restricted Dolive¢/Fee (Endomement Required) Postage Certified Fee Total Postage & Fees · Complete items 1,2, and 3. Also complate item 4 ~f Restricted Delivery Is desired. · Pdnt your name and address on the reveme 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: 2. Article Number O~ c. D. ~sdelive~yaddressdiffemnt ftomltem 17 r-~ Ye~ If YES, enter daiiw~y address below: [] No [] Express Mail Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rest~cted Delivery? (Ex/re Fee) [] , ~r~om~r~ 7010 1060 0001 1567 4573 PS Form 3811, February 2004 Domestic Return Rscaipt 102595-02-M-1540 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the crud to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Express Mail Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restrfcted Delivery? (Extra Fee) [] Yes 2. Article Number ~r~m~. 7010 1060 0001 1567 4566 PS Fora1 3811, February 2004 Domestic Return Receipt 10~,,~5-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme 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: ei~ed by (P~/nted N~me) C. Date of Delivery I D. Isdelive~addressdiff~fmm ~tem 17 [] Yes if YES. enter delivery address below: [] No [] Agent [] Addressee '~: 'Cert~ad Mall [] Express Mail stered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer lmm 7 0 1 0 Ps Form 3811; February 2004 1060 0001 1567 4559 Domestic Return Receipt 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, -i,x-(tdt ff~,k[~/ residingat 421fl q- -/a6,aJo err ('i__ ~-'~C-~l "~C ~ ,New York, being duly sworn, depose ~ say that: On the oq ~/12_,- day of ~ ~ ~ ,201 l , 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) days t?riqr to thg/z- date of the subject hearing date, which hearing date was shown to be /// (Signaff~re) - . Sworn to before me this / / (Qq Day of ~, 201 [ /" N0tap/Public.State 0~ New No. 01T06190596 (Notary Public) Qualified in Suffolk ~oun~ 14 / Commission Expires July 28 20~. * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOVqN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 July 22, 2011 Scott Osler 2145 Haywaters Rd. Cutchogue, NY 11935 Re: ZBA File#6478 Dear Mr. Osler: Transmitted for your records is a copy of the Board's July 21,201 l 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. Sincere~c~ bt/ Vicki Toth Encl. Cc: Building Dept. 18.2