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HomeMy WebLinkAbout6489950 Oak St. ~c279 GUETTINGER, ERNEBT M, cy. bldg. in frontyard cA- $1867 2/7/74 garage 30' ~InEO: 8/?/8~ from ro~d w/ cond' s. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.nor~hR~rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 / :ti(-, AUG 2 5 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 -, .... .~ -- '.: '~-'~, ~OUXI~OII~ Town Clerk NAME OF APPLICANT: Michael J. Macco SCTM# 1000-136-1-37 PROPERTY LOCATION: 950 Oak St. (adj. to East Creek, aka Eugene's Creek) Cutchogue NY 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 28, 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.' The variance relief requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property contains 19,900 Sq. Ft. and is improved with a two-story framed house and accessory two car garage. It has 75.00 feet of frontage on Oak Street, 262.31 feet along the northern property line, 75.24 feet on East Creek (Eugene's Creek) and 268.35 feet along the southern property as shown on the survey dated June 10, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-15 and the Building Inspector's May 27, 2011 Notice of Disapproval based on an application for building permit to reconstruction an accessory garage at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required side yard setback of 20 Feet, 3) more than the code required maximum height of 22 feet. RELIEF REQUESTED: The applicant proposes to reconstruct the accessory garage by changing the existing mansard style roof to a hip roof thereby raising the roof line to 25.4 feet where the code permits a maximum height of 22 feet; and proposes to maintain the existing front yard location of 30 feet where the code requires 35 feet and the existing side yard setback of 15 feet where the code requires 20 feet. ADDITIONAL INFORMATION: This property had received a prior conditional ZBA grant # 1867 in 1974, for the accessory garage in the front yard with a southerly side yard setback of no closer than 15 feet and a front yard setback of no closer than 30 feet. And again in 1984, a conditional grant # 3279 for an addition ora tool shed to the accessory garage which appears to have been removed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application August 4, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 - August 18, 2011 ZBA File#6489 - Macco CTM: 1000-136-1-37 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 because changing the roof line from a flat mansard roof to a hip roof will help to make the garage blend with neighboring structures already constructed with hip and sloping roofs. Many neighboring water front properties have two-story garages in the front yard. 2. Town Law §267-b{3)(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the garage was constructed with non-conforming setbacks though the benefit ora previous variance granted in 1974 by the ZBA. 3. Town Law §267-b(3)(b){3). The variance granted herein is not substantial because after removing the mansard style flat roof the mass of the structure will be reduced. The requested relief represents a 15% variance for the height of the accessory structure. The existing setbacks were previously granted a variance in 1974 and are not considered substantial. 4. Town Law §267-bO){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. This building has existed in the present location since 1974 without any apparent harm to the community and the new roof line will be more in line with the style of the existing buildings in the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the existing flat roof is adequately doing the job of acting as a cover for the building. However, changing the roof line will give the garage a more appealing look that will fit in with the neighborhood. 6. Town Law §267-b. Grant of is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged garage 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey and dated Junel0, 2011 prepared by Peconic Surveyors P.C. and architectural plans prepared by Arehitecnologies dated 6-12-11 as DWG No. A-I-E and 6-13- 11 as DWG No. A-2. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote oJ'the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolution was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing~ ~ /2011 N LOT NUMBERS REFER TO "MAP OF EUGENE HEIGHTS" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON OCTOBER 29, 1928 AS FILE NO. 856. ELEVATIONS ARE REFERENCED TO N.A.V.D. '88 FLOOD ZONE FROM FIRM MAP NUMBER J6103CO16,3H SEPTEMBER 2,5, 2009 TI~ I~cdio~s of wets ~# cesspools sbom~ I~reo~ ere from ~ obse~'vdions ~d or/rom dele obl~ed from o/hers. T~ere/ore their/ocofions ~nd or exislence is no/9~rm~feed. MAP EWED BY RAIN RUNOFF CALCULATIONS HOUSE, PORCH & PATIO - 1757 1757 x I ~ 0.17 = 299 c~.lfo ~,9B/42o£ = 7VF PROVIDE J DW $'~ ~' 4' deep I DW 8'¢ x 6' Beep 12) ,., LoT~11 sEPTIC LOCA770N uNKNOWN '10"E N82~1 ~ o. ,'s ~s~ ~ SURVEY OF PROPERTY AT CUTCHOGUE TO~YN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000-136-01-37 SCALF.: 1'=30' NOVEMBER $o MA Y ~, ~0 ~ rop JUl ' [0~ 2 '1 Ire ,x~x, x ~ ~ ~'~' S82'01 10 W I om fomiliar with the STANDARDS FOR APPROVAL AND CONSTRUC?70N OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond will obide by the conditions set forth therein and on the permit to construct. RETAININ~ WALL NOT SHO~WN H~R~.ON TO BE REMOVED RECEIVED '~ BOARD OF APPEALS / / ( , 268.35' FLO00 zON~ TEST HOLE DA TA LINE McDONALD GEOSCIENCE ~o/2~/~o LOT 37 DWELLING).iiON uNKNOWN PROPOSED NEW SEPTIC SYSTEM (r SEp~c 'LoCA I 4 8~ROOMS MAX.) mm P~ 8RO~ 1- 8~ , IE DEEP Lg~ING POOL WITH ~~L ~' SANO COCt~R ~ SW ~ ~' ~OVe ~~~'~ TO SCDHS SPECS. :~ ~ · TO ~E LINE . } ; ~:.;~rs. uc ~o. 4~*~ ANY AL~RA~ OR ADDIBON TO ~lS SURLY IS A ~A~ON ~ ; "PECONIC/~N~YORS, P.C. OF SECnON 7209OF THE NEW YORK STATE EDUCATION LAW. ' ;:~. ' ~ (6~'7,65-5020 FAX (651) 765-1797 EXCEPT AS PERSECTION 7209-SUBDI!dSION 21 ALL CE~'F'CA'ON~ i'~'.,:~ ~?;]~x ~0~ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF E/V SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR · =MONUM ~'~-'~, ~.~d TRAVELER STREET ~ fA H/HOSE SIGNATURE APPEARS HEREON. ~ =WETLAND FLAG SOUTHOLD, N.Y. 11971 EAST ELEVATION NORTH/SOUTH ELEVATION WEST ELEVATION SECOND FLOOR PLAN FIRST FLOOR PLAN (EXISTING) ~" RECEfVE% "" JUN 21 ~811 BOARD OF APPEALS OFFICE SET 66.11 A-1 _E , ,ir ,,¢ ,, 1 WEST ELEVATION - DEMOLITION (EXISTING) EAST ELEVATION FINAL MAP D BY SEE DECISION # DATED.~L./_/'~ PROPOSED ROOF HT SECOND FLOOR PLAN (EXISTING TO REMAIN) WEST ELEVATION (PROPOSED) FIRST FLOOR PLAN RECEIVED JUN 2 1 2011 -'4~'~7 BOARD OF APPEALS OFFICE SET I 6.6.11 A-2 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 28, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman RECEIVED JUL 1 2011 BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Penney #6484 Radigan #6485 Beime #6486 Shamgar Capital 'LLC (Buttacuco) #6487 Macco #6489 Castiglione #6490 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 27, 2011 TO: Frank Notaro for M Macco P O Box 93 Mattituck, NY 11952 Please take notice that your application dated May 13, 2011 [RECEIVE~/~ 'JUN BOARD OF APPEALS For permit for a reconstruction of an accessory garage at Location of property 950 Oak Street, Cutchogue, NY County Tax Map No. 1000 - Section 136 Block~l Lot 3~7 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Art. III Sec. 280-15: In the case of a waterfront parcel, accessory buildings & structures may be located in the front yard, provided that such buildings.., meet the front yard principal setback.., and the side yard setback requirements for accessory buildings in Section B. On a 19,900 sq. ft. parcel in the R40 zone the principal required front yard setback is 35'. On lots less than 20,000sq. ft., the side yard setback is 20' with a maximum Height of 22' The accessory garage is setback is 30' from the front yard. The side yard setback is 15'. And the proposed height is 25'4'. Patnma Conklm, Permit Examiner Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF ~1,~,~ F APPEALS aouseNo. ~e~ Street ,~A.V-- f--~'l'~l~-~'l' Hamlet SCTM1000Secfion/ Block I Lot(s) 37 LotSizelr~/~.~o~.~Zone '~-"~t~ I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~,~'?. ~1 BASED ON SURVEY/SITE PLAN DATED Mailing Address: ]~-c~ $~'~n~.t,,,a.~tnd~.~ t~,~'., t~I~.L-~LA,,~.. Telephone:~,~,I .~v~. 'Tt~tffP Fax: Emaii: NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents:/ Name of Representative: ~ .k x.~' . ~ 3,~,t.,t~-~' for (VJ Owner ( )Other: Please check to specify tpho you wish correspondence to be mailed to, front the above names: ( ) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED '~. ~'. I I and DENIED AN APPLICATION DATED ~. I ~-. ii (v~Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by~umbers. Do not.~iuote the code.) Article'2~'~, g~-I~ection: Subsection: FOR: Type of Ap/peal. An Appeal is made for: . (v)' A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (Vi/has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 1~,~,7, ~e~7q Year(s)~ l~,.l~,."~b. ~,?.1~'~ . (Piease be sure to research bqfore completing t/tis qlt~tion or call o ' offic'~ fo · as$islana~) Name of Owner: REASONS FOR APPEAL (additional sheets mar be used with preparer's si~nat~tre): " RECEIVED , .! JUN 2 1 Z011 AREA VARIANCE REASONS: BOARD OF APPEALS (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 applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial [~ecause: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? (~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~No. I3 Yes (please furnish copvb 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 ( ) 1F A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this l~ dayof~bl~,20 ~,~ . Signature of Appellant or Authorized Agent (Agen~ must submit written Authorization from Owner) BARBARA H. TANDY Not~a'y Public, State Of New ¥o1~ No. 01TA6086001 Qualified In Suffolk Courff~ .--. Commission Expires 01/13/20 1 5,, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) RECEIVED JUN 2 1 2011 BOARD OF APPEALS I. For Demolition of Existing Building Areas ~.~,~-~,~,,c.,~ ~-~'wb~ ~ .~. J ' ~' ~ ~.New ~onstrucflon Areas ~ew ~e~ng or New Addifions~ensions): ~mcnmons of first floor extension: ~ ~1~ ~~ t' ~ Dimensions of new second floor. ~1~ ~ -~'~ Dimensions OlIloor above s~ond level: ~.~. I' ' t Height (~om finished ~ound to top of ridge)': -- ~'. ~ ~ ~~ Is ba~;~e~rJowest ~oo[ ar,~ ~emg c~ns~cted? If yes. please~~v~?und) u ~om namra~ ex,sung ~ae m n~t floor: ~ ~~ IlL Proposed Construction esenpt~on (Alterations or Structural Changes) (attach exm sheet ifneces~ry) - Please des~i~ building ~eas: Number of Floors and General C~racteh~ic~ ~EFO~ Alterations: Number of Floors and Ch~ges W~H Alt~fions: IV. Calculations of building areas and lot coverage (from surveyor): I Existing square footage of buildings on your property: ~',a,~,t,~,l~ - ~.f~. ~-~ "l'~'~n.~. Proposed increase of building coverage: ~ II, J',~-d~-'~:. ttD ~"'~--~2'~= °~--~'~'~-Df~ '~1..~ Square footage of your lot: Io[ ,~,~, Percentage of coverage of your lotfl~ building area.~ I V. Purpose of Ne2y Construction: 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 premise~isted on the real estate market for sale? Yes .. v/ No Are ~J~re any proposals to change or alter land contours? V No Yes please explain on attached sheet. RECEIVED ,JUN 2 1 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? ~ ~ ~4a,~_~ -X~.,,,o~,,~. 2.) Are those areas shown on the survey submi~ed with this applicatioh? '~ffff.~ 3.) Is the p[operty bulk headed between the wetlands area and the upland building area? }4~:, 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: ,~... ,'~t~-~'~.~' ~ -T:~II~. and if issued, please attach copies of permit with con~tit~ons andlapproved survey./ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?_ [-9~, Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? !..),~ 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?_l~a~If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Pleas~ attach all pre-certificates of occupancy and certificates of occupancy for the subject .premtses. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. 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. I. Please list present use or operations conducted at this parcel 1'"~-~ ~;;~k.~-~ z~----'~-~'~ ~c'~,~-~-~. and the proposed use ~,--~4 ~ garage, pool or other) . (ex: existing single family, proposed: same with ~nature and Date ' ~---~, I~, I t PROJECT ID NUMBER 3.PI~3JECT LOCATION: ~ 5.1S PROPOSED ACTION: ~ N~ ~' ~/al~fi~ DESCRIBE PROJE~ BRIEFLY: RECEIVE~ APPENDIX C STATE ENVIR~MENTAL QUAL~ R~iEW SHORT ENVIRONMENTAL ASSESSMENT FOR~OARD OF APPEALS fur UNLIST~ AC~ONS ( To be ~ by A ~licanl ~ Pr~ S~nsOr) 7. AMOUN3' OF ND AFFECTED: 8. ~LL PREgo ACTION COMPLY ~TH ~ISTI~ Z~tNG a=es OR O~ER ~Yes ~ No I~ no; des~be bde~; fS PRESENT ~D U~ IN VICINI~ ~ PROJECT? (C~ as ma~ Yes No If yes, I~st agency neroe d perm# / ap 11. DOES ANY~A.~ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~]¥es L~O I! yes, list agermy name and permit / approval: ASA ~es ~OF PROPOSED ACTION WILL E)qSTING PERMIT/ APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE/~.EST OF MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE D-J F dr JUN 2 1 2011 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, ase variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural district..dll applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 3) N~e of Land Own~ (if oth~ than applic~t): ~. ~t ~~ / ~ ~ -- 5) Description of Pressed Project: ~~ 6) Loca~on of Prope~y (road bd tax map number):~ I~ 7) Is the p~cel within an agricultural district? ~o ~ Yes If yes, A~cult~al District Number 8) Is t~is parcel actively f~ed? ~ ~Yes 9) N~e and address of any owner(s) of land within ~he agricultural ~stfict containing active fa~ operation(s) located 500 feet of the boundaw 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 m the Town Hall locations by viewing the parcel numbe~ on the Town o~ Southold Real Prope~y Tax System. Name and Address (Please U~e 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 765-1938 or the Zoning Board of Appeals at 765-1809. ture of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6n on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideranon 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 aplSli¢.ant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT/AGENT]REPRESENTATIVE TRANSACTIONAL DISCJ.~SURE FORM BOARD OF APPEALS YOUR NAME: f~-~,(- '~,~' %~" {Last ~, ~ ~ m~e ~, ~ ~ ~in k~e of ~ ~ ~ ~, ~ ~ a ~. If~,i~ ~ ~e of~ ~1 ~i~ A~ ~p~ ~ion ~m pl~ ~ o~ m~ P~in~ O~ (I~, n~ ~ a~i~,) NO t~ ~ line A) ~ (~ ~ ~i~t ~ ~ ~i~), ~t Is not a DESCRIPTION OF RELATiONSHiP / /II / //// 8ubmi~ed thi/~_~ Prlnt Name ~,/' Form TS I 7 APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM JUN 1 2011 BOARD OF APPEALS T f ' e o ' 'bi i ofi the f · tl ' ' ' ali ' to of ~1 nfli 'n and all it wh v a i 's amc: first name, m I.dd~ initial, u~ess ~tou are applying in the name of NAME OF APPLICATION: (Check all ~hat apply.) Variance Change of Zone Approval of plat Exemption from plat or official map Other (If"Other'. name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Tow~ of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town dfficer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns mom than 5*/~,pf the shares. YES NO ~ If you answered "YES'~, complete the balance of this form and date and sign where indicated. Name of oerson employed by the Town of Southold Title or position of that person Describe the relationship between yourself (d~e applloan0'agent/represantativel 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 [cheek alt that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ___B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I sS~nn2ittedthis '~ dayof 2,.Jo~- 200 It g mm '~____.~- - ~ - PrintName. j T..c.~.~. - Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that am 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 ama (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 Plannin~ Denarlment, all ~ local libraries and the Town Clerk's office. ' Rt::-~C~ ~t~c~ DESCRIPTION OF SITE AND PROPOSED ACTION J~J~ 2 1 ~D~ SCTM# I~'~'cc'- I~'~'- 1-'~-'~.~ BOARD OF APPEALS The Application has been submitted to (check appropriate rest: Town Board [] Planning Dept. [] Building Dept. ~ 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: Location ofaction: Site acreage: Presentland use: Present zoning classification: ::~' '--~-~D~ ~:5:~, q~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: RECEIVED ,; JUN 2 1 2011 1/,~_~ARD Of APPEALS (c) Telephone number: Area ~ode ( l (d) Application number, if any: Will the actio}~/Cirectly undertaken, require funding, or approval by a state or federal agency? Yes [] Not~ If yes, wh ch state or federal agency?~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation 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 - Po/IYcies Pages 3 through 6 for evaluation criteria [~ Yes [] No~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. LWRP Section III -~s Pages 6 through 7 for evaluation criteria [] Yes [] N0~ (Not Applicable - please explain) Enhance visual quality and protect scenic resources throughout the Town of Southold. See Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss oLHfe, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pa~es 8 through 16 for evaluation criteria [] Yes [] No~t~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and impro/v~ water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 th~l for evaluation criteria [~ Yes Ir~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and/Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation/Criteria. / [] Yes [] No ~/(Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section 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 Southoid from solid waste and hazardous substances and wastes./See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No~l~d (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 o/f Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~/~ [] Yes[~ Nol v~ (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 iocations~/~WRP Section lit - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [~ No [2~(Not Applicable- please explain) Attach additional sheets if necessary Policy 11. Promote sus~inable use of living marine r~ources in Long Island Sound, the Peconie Estuary and Tow~__~. See LWRP Section III - Policies, Pages 57 through 62 for evaluation criteria. [] Yes [] No I ' vf Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agric~tural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evalmition criteria. / [] Yes [~ No [~/Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promot~ ap~r~priate use and development of energy and mineral resources. See LWRP Section III - P~lic~ges 65 through 68 for evaluation criteria. [] Yes [] No L_~ Not Applicable - please explain TEC NOLOGI E S p~o;BOx 9~ RECEIVED JUN 2 1 2011 BOARD OF APPEALS May 15, 2011 I, MiChael J, Mac~o~ 9~ Oak Strut, Cutchogue, N.Y. 11 ~, do hemt~ authorize _Frar~k Notaro (archi~¢t) to a~ly for permit(s) from any state ]~lUdi~ 80uthold Town zoning ~ard of ~peals or mai agents on my beha~ for property located at: N82'01 ~ \ SEpTiC LOCATION uNKNOWN -~- - E/... LOT 40 ~ ;&6' -/ ' 268.55 LoT 37 sEPT~C(~OCAnOt, i uNKNOtgN =. ~' S82'01'10"W 'ANDARDS FOR APPROVAL ~, 'UBSURFACE SEWAGE ~-~ ~INGLE FAMILY RESIDENCES rn ~clitions set forth therein ond on f~ AREA-19,900 ~3Q. FT. TO TIE I. JNE ANY ALTERATION OR ADOITION TO THIS SURI~Y IS A HOLATION OF EECTION 72090F' TH~ NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-5UBDt14SION 2. ALL CERTIFTCATIONS HEREON ARE VALID FOR TI-IlS MAP AND COPIES THEREOF ONLY IF ........... oi the Zon/~g Ord/nance and the decision of the Buiidlng Inspector ( ) be reversed ) be mu, M~ .A mc,~v~, ~ 437, 1~-~, ~ 'Zoz~, '~ a RECEIVED JUN 2 1 loll BOARD OF APPSAL$ Southold Town Board of NfAIN RE, AD- STATE EE3AD 25 B~UTHQLD. L.I.. N.Y. app~a~ ~o. 327~ BOARD OF APP~AhS Applica%ion 'Dated August 7, 1984 (Public Hearth9 1]/29/84) Mr. ~r~est M. ~uettfnge~ [Appellant(s)] 950 Oak Street Cutchogue, NY ll 935. At a Meeting of the Zoning Board of Appeals held on December ]3, 1984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Varianc~ Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Va~i~qce to the Zoning Ordinance A~.ticle III , Section ]00-32 [ ] Requmst for Upon application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Variance to the ~ning Ordinance, Article III, Section 100-32 for permission to construct addition to accessory garage located in the frontyard area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-37; 950 Oak Street, Cutchogue, NY. The board made the following findings and determination: This is an appeal from Article III, Section 100-32 of the Zoning Ordinance which requires all accessory structures to be located in the rearyard area. Applicant has requested an 10' by 14' addition at the northerly side of an accessory structure presently situated in the frontyard area 29.5 feet from Oak Street and 15 feet from the southerly side property line. The accessory structure was constructed after rec'eivlng Zoning Board conditional approval under Appeal No. 1867 on February 7, 1974, with restricted setbacks within the frontyard area. The permitted use of this accessory structure is for garage and storage pbrposes accessory and incidental to the residence. The 10' by 14' addition is proposed as a tool shed, which shall be incidental to the residence. The premises in question is located On the east side of Oak Street and contains an area of 21,000± sq. ft. The premises bas frontage of 75 feet along Oak Street and 75.13 feet along Eugene's Creek, and is improved with a one-family, two-story ~rame dwelling set back 130± feet from Oak Street. The setback from the northerly side property line for the proposed addition is proposed te be not closer than 12± feet. The beard members agree with applicant's reasoning under the dircumstances. In considering this appeal, the board has also determined: (l) that by allowing the variance, no detriment would be created affecting adjoining properties; (2) that no adverse effects will be produced on available governmental facilities of any increased population; (3) the variance will be in harmony with and promote the general .(CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS DATED; December 21, 1984. Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3279 Matter of ERNEST M. GUETTINGEM Decision Rendered Decembe~'13, 1984 purposes of zoning; (4) the circumstances of this appeal are unique; (5) the relief requested will be in harmony with and promote the general purposes of the zoning ordinance; (6) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion Dy Mr. Goehringer, seconded Dy Mr. Grigonis, it was RESOLVED. that the relief requesteo under Appeal No. 3279. in the Matter of ERNEST M. GUETTINGER for permission to add 10' by 14' tool shed to an existing accessory storage-garage building. BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING: The accessory building (~nd addition) only be useo for storage purposes (not to be used for sales or sleepin) quarters). Location of Property: 950 Oak Street, Cutchogue, NY; County Tax Map Parcel No. 1000-136-01-37. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolJtion was adopted Dy unanimous vote of all the memoers. GERARD P. GOEHR'I~GER, CHAI~M~(~J Decembqr 21, 198~ ~ FORM NO. 4 TOWN OF SOUTHOLD BUII~DING DEPARTM~T Office Of the Building Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUP~CY No: Z-30512 Date: 10/22./Q4 T~IS CERTIFIES t~at the buildln~ ADDITION CUTCHOGUE Location of Propez~y: 980 OAK ST (HOUSE NO.) (STREET) (HAMLET) Co%u~t¥ Ta~M~p No. 473889 Secti(~m 136 Bl~k 1 I~)t 37 Su~ivision Filed~ap No. __ ~ot No. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . AUGUST 19~ 2004 p%ursua~t to which Building Pex~mit No. 30575~Z dated AUGUST 19~ 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is PATIO ADDITION TO ~ EXISTING ONE EA}4ILY DWELLING ~ APPLIED FOR. The certificate As issued to ERNEST M GUETTINGER & WF (OWNER) of the aforesaid building. SUFfOlK COUNTY DEPARTmenT 0P ~LTH APPBO~I%L ELECTRICAL CERTIFICATE NO. PLUMBERS C~RTIFICATION N/A Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building InspeCtor Town Hall 5outhold, N.Y. Certificate Of Occupancy RECEIVED BOARD OF APPEALS THIS CERTIFIES that the building ................................................ Location of Property . .q ,.; (,..0,~ ~,...~,, ,. ,.:~-,.~.., ............................... :'. '.. · ;'. ..... Ho~e No. Street Hamlet County Tax Map No. 1000 Section .. · 'l :l~ ...... Block .... .0.1 .........Lot . . 0 ~ ? Subdivision..F,u ~;en.~ .[l,~.t._~;b t= ............. Filed Map No. 8. c'.6. ..... Lot NO3.8 .-?.9.-. ?.0 ...... conforms substantially to the Application for Bnilding Permit heretofore fried in this office dated ·. S~, p L e r~.tm v. 2.(~ ..... 19.. 7 ~ ursuant to which Building Pemfit No.. '." ~.t?i. :.4 ............. dated ... ,'~.~3¢ ~,~,.~b~r. gg .......... 19..Tt,~was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ..................... [~:iv,~.~,e. 0.¥~x~-. FaJ~.~. ~, y. j~.:~ ~.l.i,n.t;~. ~?.t! , (.L..q.~.a.'?..~. ........... The certificate is issued to ...... F; t,m~,.~t. ~I....t~bt ¢.t.t.:!,. O g~.~ ............................. of the aforesaid building. Suffolk County Department of Health Approval ....12/13/.7.~. ltp.b.~ .r.t, .~.:. y ).];.t..') .......... UNDERWRITERS CERTIFICATE NO ........ ~J. 5.0.I;4. 0 .7 ................................. * ~oard Rev. 1/81 ~oo - ?.~& z/'37 TOWN OF SOUTHOLD I~-xOPERTY RECORD CARD ~"~%~ )WNER :OR.MER OWNER VILLAGE DISTRICT SUB. ACREAGE N ~ 7~,'/~/~f- S W TYPE OF BUILDING ~. o.',o_~ s~s. v~..1"~' c~. ~,sc.~,. ~,. v.,., iMP. TOTAL FARM / COMM. DATE REMARKS NEW Farm 1 'illable 2 'illable 3 ¥oodland ;wampland Jrushland Total 5Z/~o NORAAAL Acre ~ I~N G~CO N g I ~0 N-~./27/,7~ E LOW vo'~A7~ ALCOVE FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20___ Approved 20 Disapproved Expiration ,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 N.Y.S.D.E.C. Trustees Flood Permit StOrm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING ttERMIT Date 4. t ~. ,20 I I INSTRUCTIONS a. This application MUST be completely 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 Penuit. 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 s!ich 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 n~, peril 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. of if a corporation) ' II [ 0vIaili~ address of applic~ntb State whether apphcant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~--. I,~j ~-[,n,,~L~ (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. Location of land on which proposed work will be done: Ho~se Number ~'~le-~ ~'~ Street Hamlet County Tax Map No. 1000 Section Subdivision 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~.,~~/19-O~P Fee 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~~] ~ ~ '~'4 W ' b. Intended use and occupancy ~1~1t;:7~.4~'~"~[, ~ 4 t I Addition ff Alteration OtherWork ~~. Y (To be paid on filing this application) 5. If dwelling, number of dwelling units I Number of dwelling units on each floor If garage, number of cars ,~- 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use- 7. Dimensions o~ existin~ ~U'ug, tures, if any: Front ~,1 .~' Rear '~1 .'~' Depth D mensions of ~ame s_tqJ, Ctu[0 with alterations o,.r additioo.s: Front ~7, ~fl ' Rear Depth '~'LT~,-r:~:~----~)Height ~'~ L ~ ?~"~,~.. Number of Stories ~ 8. Dimensions of entire nev~ cDlastmction: Front :b7,. sf' Rear 57.~' Depth Height .~ ~-. ~,,-r~,r~. Number of Stories ~... 9. Size of lot: Front 7~'~' Rear 7~"~. ~' Depth 10. Date of Purchase ~ ~'~ Name of Former Owner ~o .~,. 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO ~ 13. Will lot be re-graded? YES v/NO__Will excess fill be removed from premises? YES ,//No__ 14. Names of Owner of premises I~. }4. ~ Address ~Tm'},,~o~r ~¥. ~ Phone No. ~ I '~ . ~"~ ~' Name ofArchitect 1~. t--)'~-~' Address~'.,"2~','~ ff~ .~-"'{~'~eeNo a'~{'~q P 'B~'~ Name of ConU:actor Address .... Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES v/ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is.this property within 300 feet of a tidal wetland? * YES v/ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide~ survey, to scale, with acc~arate foundation plan and distances to property lines. 17. If elevation at any point on property is at I 0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO v/ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) .-~,~--~ ~ being duly sworn, deposes and says that (s)he is the applicant (I~ame of individual signing contract) above named, (S)He is the (Coati[actor, Agent, C4rporatc[Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swomlo before me this.. yOf 20 Il Cluallfled In Suffolk County,,,---, O~rnmllllml Explre~ 01/13/a0 ~ ignatare of Applicant 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 23,2011 Zoning Appeal No. 6489 Transmitted herewith is Zoning Appeals No. 6489 of Frank Notaro for Michael Macco- 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, Authorization Letter from Michael J. Macco to Architecnologies to Represent him in this Matter Dated may 15, 2011, Copy of Survey Showing where photos were taken, Four Pages of Photos of Inside & Out of Garage, Notice of Disapproval from Building Department Dated May 27, 2011, Action of the Zoning Board of Appeals No. 1867 for Construction of Garage in Front Yard Dated December 18, 1974, Action of the Zoning Board of Appeals No. 3279 for Addition to Accessory Garage Located in the Front Yard Area Dated August 7, 1984, Certificate of Occupancy No. Z-30512 for Patio Addition to an Existing One Family Dwelling Dated October 22, 2004, Certificate of Occupancy No. 310418 for Private One Family Dwelling & Garage, Copy of Property Record Card, Copy of Survey Showing Property as it Exists Dated June 10, 2011 Prepared by Peconic Surveyors, P.C., Two Pages of Plans Showing Elevations and Floor Plans Dated June 12, 2011 Prepared by Architecnologies. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/23/11 * * * RECEIPT * * * Receipt'8: 107238 Transaction(s): 1 1 Application Fees Reference Subtotal 6489 $1,500.00 Check Total Paid: $1,500.00 Name: Macco, Michael J. 950 Oak Street Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6489 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 4, 20tt 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~ AUGUST 4~ 2011: 11:30 AM - MICHAEL J. MACCO #6489 - Request for Variances from Article III Code Section 280-15 and the Building Inspector's May 27, 2011 Notice of Disapproval based on an application for building permit to reconstruction an accessory garage at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required side yard setback of 20 Feet, 3) more than the code required maximum height of 22 feet, located at: 960 Oak Street (adj. to East Creek, aka Eugene's Creek) Cutchogue, NY. SCTM#1000-136- 1-37 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth~.Town. Southold.ny. us. Dated: July 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 STATE Of NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 Ne,wspaper once each week for 1 week(s), successively, commencing on the 28th day of July, 2011. Sworn to before me this LEGAL NOTICES LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEAL~ THURSDAY AUGUST 4, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- ,ant to Section 267 of the Town Law and own Code Chapter 280 (Zoning), Town of Southold, the following pubtie hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, £O. Box 1179~ Southold, New York 11971-0959, on THURSDAY AU. 10:.1~ AM . LISA AND DAVID ~ - Request for Vari- ances from Article XXIII Code Section 280-122 and the Building Inspector's May 10, 2011 Notice of Disapproval based on a building permit application for additions and ahera¢ons to a. non- conforming building at: 1) less than the code required front yard setback of feet, 2) less than the code required side yard setbeek of 20 feet, 3) less than the code required rear yard setback of 75 feet, ocatod at; 1335 New Suffolk Road Cut~hogue, NY. SCTM# 1000-109-7-9.3 /L~30 AM . MICHAEL E, AN~ ~ - Request for V~xianco frora Article XXIII Code Sec- don 280-124 and Artici~ III Section 280- 15 and the Building Inspector's lune 1, 2011 Notice of Disapproval based ob an application for bufldln8 permit to atytl~ ii- deck and shower addiffon and accessory g~'~addition/alteration at 1 ) fr6nt and rear yarc[~eg~gk of less than the code required 35 feet, 2) side yard setback of more than the code requ~ed 10 feet, 3) lot coverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard set- backs for accessory buildings at more than the coOe f.c,q~] 3 feet, located at: 55 Fay Coud ~iaj.'i~ Pdght of Way) Mattituck, NY. SCTM#1000-123-5.17 10:50 AM - PETER Al~p June 9, 201I Notice of Disapproval based on an application for building permit for reconstruction of an existing dwelling with third story addition at: 1) less than the code required setback of 75 feet from a bulkhead, 2) more than thc ~ode required number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY SCTM#1000-70-13.20.7 ~;~0 ~. SHAMGAR CAprrA[a ~ - Applicant re- L~ /DANIEL BU3~fAFUOCQ) quest a Special Exception under Section ~ - Request for Variances from Ar- . 280-13B(14).TheApplicanti~the owner t'cle XXII Code Section 280-116 andAr- [ requesting authorization to ~tablish an bcle III Section 280-14 and the Bu ding ~ Accessory Bed and Breakfast a p ctors February 25, 2011 updated I sory and madentui to the residential occupancy in this single-family dwelling, with four (4) bedrooms for lodging serving of breakfast to the B&B casual; transient roomers. Location of Prop- erty: 2500 Peeonic Lane Peconic, NY SC/'b~1008-74-3,2~.2 per c;ode Section 280-~3B(4), the appli- cant is requesting permission to convert erJsting office space to operate a nurs- ery school at: 44600 County Road 48, Southold, NY. SCTM#1000-63.1-23 day of Principal Clerk L~ 2011. ~ - Regae~ fot~Vmia~es ~m Ar- · Burlap ~Ctor s~ll No~ a~sso~ ~gage at: 1 ) le~ ih~ req~ ~nt ygd setbe~ of 35 feet, 2) ba~ of 20 Fee~ 3) mom ~ ~ re~u~od m~um h~ nf.~ ~eek, aka Eugene's ~) ~o~ ~. Request fdr anccs from ~de S~tion 2~;70J ~d the Building Inspe~or's September 30, 2010, ~ended Octo~r 12, 2010, u~atod 1une I0, 2011 NOtice of Disa~ ~r0val based on ~ app~cation for build- wireless telecommunica~on facility eq~pment; 1) tower ex~eding ~e code required maximum befit nf 45 feet, 2) antenna not mounted on the interior per code requirement, 3) 1~ th~ tbe feet; located at: 69685 Route 25 (Ma~ Rd) ami Chapel ~., ~enpo~, NY. NOTARY PUBLIC-$T?'~ EW YORK ~' ? County oruaty 28, 2012 Carryover H~n~ continued from prior m~O ~d ~nding ad~flonal AdjoR~od ~om ~blic Hea~ag lu~e l~ctor's May ~6, 20H No~e of. Dis- approval based on ~ appl cation for a sinDe f~fly dwe~ng at 1) side yard setba~ of ]ess than ~e ~e required 15 feet, l~ted at; 2195 Ruth Road, Mat~tuck, NY. S~1~1~-7.5 Re~ g~- Scion 2~ (BU~ S~dule) and ~e ~uilding ~sp~tor's Feb~ 16, 2011 oti~ nf Disapproval b~ed on an sp- a new bugd~g on a lot ~ an existing size of 40,~ sq. ~. for two buildings ~th four (4) use~ 2) le~ ~ the code req~red ~mm~ side yard ~etback nf 10 feei, l~ated at: 535 Pike St., aka Rail- road Ave., Mat~tu~, ~e Bo~d of Appeals will hear ali before the ~ncl~ion of each bearing. Each hea~ng ~il not s~ ear,er than desi~atod a~v~ Fdes are available for rev~w dung re.ar b~s hou~ ~d prior to ~e dey of you have questio~ p~ase contact our o~ce at, (631) 765-1~, or by ems · ~ol&nv.u~ ' od: July 8, 201~ -- ZON/NG BOARD OF APPEALS LESI~E KANF~ WEISMAN, CHAIR- PERSON BY: Vlckl Toth ~4375 Maht Road (O~c~ Location) ~09s Maiu Ro~ (Ma~/usPs) ~.O. Box 1179 Sou~O~ ~ ~959 ZONING BOARD OF APPEALS MAILING/,DDRESS 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 ©;- ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 8, 20!1 Re: Town Code Chapter 55 -Public Notices for Thursday, August 4, 2011 Hearing Dear Sir or M:dam: Please find e ,~osed a copy of the Legal Notice describing your recent application. The Notice will be publisl-d in the next issue of the Times Review newspaper. 1) Before Ju'' 18th: Please send ,~e enclosed Legal Notice, with both a Cover Letter including your telephone number and ~ 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, whch abuts and any property which is across from any public or private street. Use the curr~ -t owner name and addresses shown on the assessment rolls maintained by the Southold Toy Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of ~ ,other address for a neighbor, you may want to send the notice to that address as well. If any I '!er is returned to you undeliverable, you are requested to make other attempts to obtain a mail ;~ address or to deliver the letter to the current owner, to the best of your ability, and to confi~ ~ how arranqements were made in either a written statement, or during the hearinq, prov 'in~ the returned letter to us as soon as possible; AND not lat Lnan July 25th: Please either mail or deliver to our office your Affidavit of Mailing (form:closed) with parcel numbers, names and addresses noted, along with the green/white ~.ipts postmarked by the Post Office. When the green signature cards are returned to y, iater by the Post Office, please mail or deliver them to us before the scheduled hearing. If a~ ' envelope is returned "undeliverable", please advise this office as soon as possible. If ~ny signature card is not returned, please advise the Board during the hearing and provide the ¢ 'rf (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 27~t: Please make arrangements to place the enclosed Poster on a signboard su~, as cardboard, plywood or other material, posting it at the subject property seven (7) days (or ~,re) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public H : ring) Securely place the sign on your property facing the street, not more than 10 feet from ,~ front property line bordering the street. If you border more than one street or roadway, an :~tra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of [ ~i tin.q for receipt by our office before August 2, 20~1. If you are no~ ble to meet the deadlines stated in this letter, please contact us promptly. Thank you for your ¢ ~.:,operation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yo~,~s, Zoning Appe; s Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM MACCO~ MICHAEL #6489 MAP # 136.-1-37 VARIANCE RECONSTRUCT ACCESSORY GARAGE REQUEST SETBACKS & HEIGHT DATE: THURS, AUG. 4, 2011 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS t CName of AppliCants) SCTM Parcel # 1000- ['~ ~ - I ~ '~ COUNTY OF SUFFOLK STATE OF NEW YORK ~._~,~,-4r----~ residing at m ,Toe. Ne-;v York, being duly swom,'deposes and says that: ,, On the day of ,20 , I personally mailed at the United States Post Office in va,cTTq-~,~_~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUElgT~D, a true 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 ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this i~ dayof x,{cr~ ,20 ~ blic), ~ (Signature) BARBARA H. TANDY Notary Public, State Of New Yo~ No. 01TA6086001 Qualified In Suffolk County Commission Exp res 01/'13/20 [~ 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. TO~I P~tage & Fees $ (Endorsement Required) Total Postage & Fees ................ · Complete items 1,2, and 3. Aiso complete Item 4 ff Restricted Delivery is deelmd. · Print your name and address on the reverse so that we can return tile card to you. · Attach this card to the back of the mallpisce, or on the front If space permits. 1. A~ticle Addressed to: O. I~d~lvlyaddme~difft~ntfmmlteml?',.~t.~yee/ ' If YES, enter del~ addm~ below:. ONo Form 3811. Febru~y 20Q4 Oomest~ Return Re[:~t '~ '~esss-o~4a-1840 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOfiK) STATE OF NEW YORK) I'~~~~l~ residingat 1~ ~1~.~~~ __ New York, being duly sworn, depose and say that: Onthe 'q~'_ dayof '~O~,~'~ ,2011 , I personally placed the Town's Official Poster, with the date o'f heanng 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 prior to the date of the subject hearing date, which hearing date was shown to be ignature) Sworn to before me this,~ ~ Day of ~ 0L,q ,201 (Notary Public) BARBARA H. TANDY Notary Public, State Of New York No. 01TA6086001 Oualified In Suffolk Count~ .~.- Commission Expires 01/13/20 I * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. ALso ~omplete item 4 if Restricted Delivery Is desired. · print your neme and addmes of~ the mvmse so that we can tatum the card to you. · Attach this card to the back of the maJlplece, or on the fTont ff space pe~nits. 1. Article Addressed to: B. Rece~d by (Pnr~ ~me) [] Addressee C. Date of Dern~e~7 D. i~ de~ address different from It If YES, enter delivery address betow: [] No 2. Article Number PS Form 3811, February 2004 Domestic Return Reoelpt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJlplese; or on the front if space permits. 1. Article Addressed to: F~ed by ( Prfnt~ Name) _J.c. Date of Delivery YES, enter delivew add~s below: ~ NO ~ Insu~ Mall -~.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. ArtlcleNumbe~ ,~,~,,---~ ___. ~uOO 7261 8553 (Transfer from service PS Form 3811, February 2004 Domestic Return Receipt - %. 7010 1060 0000 4119 1700 U.S. POSTRGE PRID MRTTITUCK.NY RMOUNT $G.23 I[~I~ITEC NOLOGI E S P.O. Box 93 .... j ~...., ~,~A [] INSUFFICIENT ADDRESS f '~C [] ATTEMPTED NOT KNOWN ~,-O'THER ~ [] NO SUCH NUMBER/STREET I S [] NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ~ '19d-ON GNZ. 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/Fkst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 21,2011 Mr. Thomaslsles, Director Suffolk County Departmentof 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 #6489 Action Requested: Within 500 feet of: Owner/Applicant: Macco Setback & height ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider 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 August 19, 2011 Frank Notaro, Architect P.O. Box 93 Mattituck, NY 11952 Re: ZBA File#6489 - Macco Dear Mr. Notaro: Transmitted for your records is a copy of the Board's August 18, 201 t 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. SinceredrSr~ i Vicki Toth Encl. Cc: Building Dept. COUNTY OF SUtl .... , ............ Real Property Tax Ser'