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Home My WebLink About6501.,;,Jo. ::Fi II 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 SE?' 2 7 2011 MEETING OF SEPTEMBER 15,2011 SouthoId Town Clerk ZBA FILE: 6501 NAME OF APPLICANT: Frank C. Gilbert PROPERTY LOCATION: 1095 North Parish dr., (adj. to Peconic Bay) Southold, NY SCTM#1000-71-1-11 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 1I 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 August 2, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated August 24, 201 I, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP, provided the following best management practices are followed: a landscaped buffer landward of the bulkhead (incorporating existing trees). PROPERTY FACTS/DESCRIPTION: The subject property is improved with a one story dwelling and attached deck. It contains 20,970 sq. ft., with I00.00 feet on North Parish Drive, 218.23 feet on the west property line, 101.09 feet on Peconic Bay and 201.18 feet on the east property line, as shown on a survey dated July 6, 2011, prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; 1) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo. RELIEF REQUESTED: The applicant proposes to remove the existing 4 ft. x 35 ft rear deck and replace it with a new 9 ft. x 35 ft. deck at 56.2 feet from the bulkhead, where the code requires 75 feet and legalize the existing gazebo which is a roofed over stair landing located 15 feet seaward of the bulkhead where the code requires 75 feet. ADDITIONAL INFORMATION: The applicant was denied a 42 foot bulkhead setback for an addition under prior variance #4002 in 1991. Page 2 of 3 September 15,2011 ZBA File#6501 - Gilbert CTM: 1000-71-1-11 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application September 1,2011, 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)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling and attached deck have been in this location since 1960. The rear deck is a common addition to homes in the area and cannot be seen by the adjoining properties. 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. The existing deck and house are located within the 75 foot bulkhead setback and were built there prior to the enactment of the bulkhead setback code, so any additions or accessory structures on the water side of the dwelling will require a variance. 3. Town Law §267-b(3)(b){3). The variances granted herein are substantial. The gazebo represents an 80% relaxation of the code. However, the structure is less than 100 sq. fi. and has existed with Trustee permits since 1998~ Regarding the new rear deck the request represents a 25% relaxation of the code. However, the Board finds that the existing 4 ft. wide deck is too shallow for reasonable recreational use, the waterfront yard is small and steeply sloped rendering it impractical for seating, and that the applicant proposes to increase the depth to the minimal size that is practicable. 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 existing bank is well vegetated and no erosion was noticed upon personal inspection by the Board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rear deck addition and existing gazebo 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 Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the survey dated July 6, 2011, prepared by Peconic Surveyors, PC. Condition The existing non-turf landscape buffer consisting of ground cover shall be widened by 3 feet to decrease potential runoff. That the above condition be written into the Building lnxpector's Certificate of Occupancy, when issued 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, arc 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 fight to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 September 15, 2011 ZBA File#6501 - Gilbert CTM: 1000-71-1-11 Vote of the Board: Ayes: Members l'~eisman (Chairperson), Goehringer, Homing, Schneider. (Absent was: Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /9'/o~t /2011 / TYPICAL DECK WIHD UPLIFT REDUIREMENTS RECEIVED JUL 1 $ ZOll BOARD OF APPEALS TYPICAL Ii DECK ALT, HEADER GIRDER CONNECTIDNS~ DECKHEADERLJPLIF SPANSPAN lbs, 6' 1408 8' 1878 80' 10' 8347 18' 8817 6' 1859 8' 8479 88' 10' 3098 18' 3718 6' 8310 8' 3081 36' 10' 3851 18' 4681 UPLIFT CONNECTIONS FOR~ JOISTS-TO-GIRDER / HEADER DECKCONNECTION MIN, 8d NAILS SPANCAPACITY REQUIRED 18' 487 lbs, 4 16' 526 lbs, 5 80' 686 lbs, 5 84' 786 Ihs, 6 88' 886 Lbs. 7 38' 927 Lbs, 8 36' 770 lbs, 7 USE THE FOLLOWING USP BRAND OR APPROVED EQUAL GALVINIZED METAL CONNECTORS WITH THE RECOMENDED FASTNERS AND INSTALLATION BY MANUFACTURE, PRODUCT UPLIFI GALV, MINIMUM DESCRIPTION NUMBER lbs, FASTNER REQUIRED 4x4 POST~ (18) 16d COM, NAIL PBS44 1815 POST CAP BEAM: (18) 16d COM, NAIL 4x4 POST~ (8) 16d CUM, NAIL PBSE44 1430 END POST CAP BEAM: (8) 16d COM, NAIL BEAM/GIRDER~ (8) 5/8' BOLTS KC44 4x4 COLUMN CA)3265 POST/CDLUMN~ (8) 5/8' DIA, BOLl 4x4 FOOTING/PIER~ 5/8'x7' ANCHOR BO PAU44 2240 POST ANCHOR POST/GIRDER~ (18) 16d COMMON NAI£ 4x4 WET POST ANCHOR CBE44 3585 COLUMN BASE POST/GIRDER~ (8) 1/8' DIA, BOLT: 4x4 WET POST ANCHOR KCB44 5650 COLUMN BASE POST/GIRDER~ (8) 5/8' DIA, BOLT 6x6 POST, (12) 16d COM, NAIL PBS66 1815 POST CAP BEAM~ (18) 16d COM, NAIL 6x6 PDST~ (8) 16d CDM, NAIL PBSE661430 END POST CAP BEAM~ (8) 16d COM, NAIL 6x6 BEAM/GIRDER~ (2) 5/8' BOLTS KCC66 5885 COLUMN CAP POST/COLUMN~ (4) 5/8' DIA, BOLl 6x6 FOOTING/PIER~ 5/8'x7' ANCHOR PAU66 8350 POST ANCHOR POST/GIRDER~ (18) 16d COMMON NAIL 6x6 WET POST ANCHOR CBE66 3570 COLUMN BASE POST/GIRDER, (8) 1/8' DIA, BOLTI 6x6 WET POST ANCHOR KCB66 5640 COLUMN BASE POST/GIRDER~ (8) 5/8' DIA, BOLT TY-BOWN JOIST~ (6)8d COMMON NAILS RTiO 585 ANCHOR HEADER/GIRDER, (6) 8d COMMON NAI TY-DOWN JOIST: (9) 10x1-1/8 NAILS RTSO 1105 ANCHOR HEADER/GIRDER~ (4) 1Od COMMON. NAI _T INSTALLATION NOTES~ 1), ALL POSTS TO BE ANCHORED TO FOOTING DR PIER 8), HEADER & GIRDER CONNECTIONS TO BE ATTACHED 3), EACH JOIST TO BE ANCHORED TO GIRDER OR HEADER 'JOIST HANGERS TO BE ATTACHED TO A PT LEDGER BOAteD 1000_~71-_01-11 DATE: , 6-30-1i 'GILBERT RESIDENCE ~,,,~ : i NORTH PARISH DRIVE · :'~. ~o~'~ ~ :WOR$OUTHOLD - NY A-1 ~:0)~ ' CHORNO ASSOCIATES W TH POS V/ITH TY-DO~/N STRA P5 r~ TI-I~T IK Trl RP RI'Il TFD TO ~1 LOG DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REGEI'VED BOARD OF APPEAL~ SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: August 2, 2011 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 Gilbert, Frank Carley, Thomas & Wendy Michael Greenly Marketing Pension Plan Seiferth, Kenneth. Gallagher, John & Joy #6501 #6502 #6503 fl6504 fl6505 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 To~ H~I ~nex 54375 State Route 25 M~n Rd. & Youngs Ave.) So~hold, ~ 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED AUG 2 4 201! BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 ~,~ / Re: Coastal Consistency Review for ZBA File Ref. Gilbert, Frank #650~ SCTM#1000-71-1-11 Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; 1) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo, located at: 1095 North Parish Drive (adj. to Peconic Bay) Southold, NY. SCTM#1000-71-1-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP review provided the following best management practices are required: Figure 1. Subject parcel. If the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a landscaped buffer be required landward of the bulkhead (incorporating the existing trees). LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Patricia Moore for Frank Gilbert 51020 Main Rd, $outhold, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2011 Please take notlee that your application dated May 31,2011 For construction ora deck addition &..can "as built" ac¢¥ gazebo at Location of property 1095 No. Parish Drive, Southold, NY County Tax Map No. 1000 - Section 71 Block 1 Lot 11 Is returned herewith and disapproved on the following grounds: The ~ro~osed construction is not nermitted pursuant to Article xXII Section 280-I 16 which states: "All building~ or structures located on lots u~on whioh a bulkhead, ,.. _an~d which are adjacent to tidal water bodies other than sounds shall be s~t back not le$$ than 75 feet from the bulkhead." The site plan indicates the p__r99.~_~s.~l .de, ck. at.~..6_,2_!_.an__d._a_n..'_'.a.s_.b...u..i!t_'_~_g.a~.q.b.9_a._t.l_5.~:. L /L # ~ 8~9~§9L I 0~:~;IL~-60-90 ~EC~[vED 6OARD OF APPEALS SURVEY OF PROPERTY A T BA YVIE3~ TO 3~N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-?1-01'-1I $CAL~: 1~$0' MAY 18, 2011 JULY 6~ ~OlI '~DECK STAIR,Si ~Oo~v/° FINAL. MAP REVIEWED BY ZBA SEE DECISION # ~5'0~ AREA=20,970 SO. FT. TO TIE LINE · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICA'['IONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1250 TRAVELER S~EETI , UL ! BOARD OF APPF.~L~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1095 Street Parish Drive SCTM 1000 Section_71 Block_~_l Lot(s). I1 Hamlet Southold Lot Size 20,970 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 8, 2011 BASED ON MAP May 18, 2011 Applicant(s)/Owner(s):. Frank Gilbert Mailing Address: 5 Aspen Court~ Ossining NY 10562-2501 Telephone: c/o Pat Moore 765-4330 Fax #: Email: pcmoorel~optonline, net NOTE: In addition to the above, please complete below if application is signed by applicant's anorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel(~,optonline, net P/ease check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 18~ 2011 and DENIED AN APPLICATION DATED May 31, 2011 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision ofthe Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article_XXII_ Section 280- 116: proposed deck at 56.2' from bulkhead and Gazebo at 15' RECEIVED (approved by Trustees in 1998) JUL 1 8 Type of Appeal. An Appeal is made for: BOARD OFAPPEALS E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, ~ has been made at any time with respect to this property, UNDER Appeal # 4002 March 22~ 1991 deniedaddition21'x23'42feetfrombulhhead-Boardmembers recommended alternative rellef SO' from bulkhead(Please be sure to research before completing this question or call our office for assistance.) Copy of decision and survey attached Frank Gilbert ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing dwelling is set back 65.5' from the bulkhead with a small deck (5' x 35') which due to wear & tear needs to be replaced. The existing deck is narrow and has limited usefulness. The proposed deck is 9' iu depth and provides more outdoor space for the family. In 1991 the owner's father & mother(Frank and Doris Gilbert) requested an addition on the waterfront side of the house, 42 feet from the bulkhead (Appeal #4002 3/22/91). The Board denied this request but the Board would have considered alternative relief in light of the nonconformity of the dwelling and the limited upland area. The proposed open deck is 56.5' from the bulkhead and is in keeping with the character of the neighborhood. North Parish Drive is primarily a seasonal community of year round homes. An outdoor deck is the main living space to a summer home. The house was built by the applicant's father and owned jointly by the applicant's father, mother, mother's sister (Aunt). It was transferred to the applicant in 2009. It has been owned by the Gilbert family and constructed prior to enactment of setback regulations. A landing with benches is shown on a VanTuyl survey obtained in the 1991 ZBA file- date of survey is illegible (poss. 1990). The access stairs remained but the Gazebo replaced the landing when the bulkhead was replaced in 1998. An 8' x 8' platform was replaced with a 8' octagonal gazebo. The gazebo received approval from the Southold Town Trustees in 1998. Beach access stairs do not require a building permit. The Gazebo is less than 100 sq.ft, and generally does not require a building permit. The building department asked that we get a variance for the Gazebo (roof over a platform). Costello Contracting obtained a wetland permit for replacement of the bulkhead, the Trustees approved (as an amendment) replacement of the beach stairs landing with the Gazebo. (Copy of the permits enclosed) (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 existing house is pre-existing nonconforming. The deck is on the seaward side of the house. The existing house is small and the existing deck is inadequate for RECEZVED _ dUL ! 8 0il BOARD OF APPEAL~ the family. The proposed deck provides room for outdoor living. The Gazebo was constructed as part of the beach stairs replacement. (3) The amount of relief requested is not substantial because: The existing structures are nonconforming and the proposed deck maintains the setbacks of most of the homes on North Parish Drive. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has no erosion, is well vegetated, and protected by a bulkhead and a jetty. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No, the house was constructed prior to adoption of Town Code 280-116, and prior to adoption of any regulations limiting construction within 75 feet of a bulkhead. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish col~v). 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, AND PLEASE COMPLETE THE ~4 TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) BETSY A. PERK]NS ~ Public, $tatz of No. 01PF-6130~ Oua]ified ~n Suffolk ~ ~mmission Expires Ju~ 1~,~ ~'~ k-Sight're of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Frank Gilbert Date Prepared: June 14, 2011 JUL 1 8 2011 ~OARD OF appEAl.~ I. For Demolition of Existing Building Areas Please describe areas being removed: existing deck 5' x 35' II. New Construction Areas (New Dwelling or New Additions/Extensions): new deck Dimensions of first floor extension- new deck 9' x 35', existing Gazebo 100 sq.ft. Dimensions of new second floor- n/a Dimensions of floor above second level:n/a Height (from finished ground to top of ridge):n/a (open deck) Is basement or lowest floor area being constructed n/a If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Please describe building areas: new deck and "as built' Gazebo on beach access stairs Number of Floors and General Characteristics BEFORE Alterations: existing one stor~ house with waterside deck and beach stairs with Gazebo (as platform) Number of Floors and Changes WITH Alterations: u/a IV. Calculations of building areas and lot coverage (from surveyor): All structures: 1,595 Sq.ft. House 22.3' x 60'= 1,320 sq.ft. Existing deck: 5' x 35' = 175 sq.ft. Gazebo: 100 sq.ft. Proposed increase of building coverage: 4' x 35' = 140 sq.ft. Proposed Deck: 9' x 35 = 315 sq.ft. Square footage of your lot: 20,970 sq.ft. Percentage of coverage of your lot by building area: proposed lot coverage (1.735 sa.ft.) 8.27 % V. Purpose of New Construction Requested: renlace existine deck and permit for existing Gazebo VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): deck is at rear of the existing house, land is vegetated and bulkhead is in place Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ~ ~ECE~'¥ED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject prem. ises listed on the real estate market for sale? Yes ~ No BOARD OF APPEAls B. ~re there any proposals to change or alter land contours? - ..~ No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? ~ Lt_l ~c._~C O~ 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? ~ C3 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 lnqmry or apphcahon with the Trustees.'~t[u~es ~'-~q~e,33- and if issued, please attach copies of permit with conditions and a'ppr~ved survey- -" ~ D. Is there a depression or sloping elevation.n~a[ t~e area of proposed construction at or below five feet above mean sea level? ~,o~ ~ · 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? 1~3-~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ]~ ~-~ If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel¥~Cl.s,_ o01 {~r;-g %'~q, ~ ~ . (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date J, PROJECTLD. NUMSER st?.20 JUL I $ ~011 SEQR Appendix C BOARD OF APPEALS State Environmental Quaflty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. ~PLICANT/SPONSOR I2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide mapl 5. iS PROPOSED ACTION: [] New [] Expansion ~odlflcatloNallsrallon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~-~ acres Ultimately ' ~'~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER ~XIST]NG LAND USE "ESmI~ONS? g. WHAT IS PRESENT ~ND USE IN Vl~N~ OF PR~E~? Desc~ 10. ~ A~ON INVOLVE A PE~IT APPROVAL OR FUNOIN~ N~ OR UL~MAT~Y FROM A~ OTH~ ~M~AL AGEN~ (FEDE~ STA~ OR LOCAl? 11. DOES ANY A~ECT OF THE ACTION HAV; A CURRENTLy VAMD PERMIT OR APPROVAL'/ [] Yes ~No If yes, fist agenc~ name and pemllt/approval 12. A~ A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REO~JIRE MODIFICATION? DYe, ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO 11.1E BEST OF MY KNOWLEDGE Signature.- If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEIVED PART PI--ENVIRONMENTAL ASSESSI~T ,(To be comptete~ by Agency) JUL 1 8 201 '--,~es '~ No D F APPEALS WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIOED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 61767 If NC. a negative Cectara.o~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE E~TAI3USHMEN~ OF A CEA? E. I$ THERE, OR IS THERE LIKELY TO SE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO It Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each aciverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural}; (bi probability of occurring; (c) duration; id) irreversibility; (el geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If' question D of Part II was checked yes, the determination and significance must evaluate the potential impact pi the proposed actio~ on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse ini'l:i,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessae/, the reasons supporting this determination: o TO~;N 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 a/c?(~ ~/~// 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: 31 2011 BLDG. DEPT. This ap~tflbhO~f~(~ he t~am Building Inspector ~ 'LICATION FOR BUILDING PERMIT Date ~! ,20// INSTRUCTIONS etely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of flans, 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 compJeted within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing c. gdeT, and~-~gulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~/~.~ ~ (Signature of applicant oj;name, ifa corporatio~n) ./. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~,-r v/f--.- ~ ,~/~-.~r" ~- (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name afi~'~!~.~: q~'~,~te'officer) Builders LJ_cense N0. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location o.~f land on which pr.c~posed work will be done: House Number Street Hamlet // County Tax Map No. 1000 SectiOn "7/' Block / Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~t~Z,ca-~ -~ ~ b. Intended use and occupancy ' 3. Nature of work (check wkich applicable): New Building Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of, cars Addition~r~;~ ~n~ ~ Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specit~, nature and extent of each type of use. 7. Dimensions of existing structures, if any: ~on~ Rear Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories 8. Dimensions of entire new construction: Front Rear ?" Depth''~' '~ Height Number of Stories 9. Size of lot: Front _Depth Rear NO Rear Depth 10. Dateofmurchase {~/~/~ Name of Former Owner 11. Zone or use district in which premises are situated 4' ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES __ NO ~ Will excess fill be removed from premises? YES__ NO __ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. 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 foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF ~ f~S)S: ?~'C~'P'r_.~, ~ ~ ~'~~ being duly sworn, deposes and says that (s)he is the applicant ' CONNIE D. BUNCH (Nmne of individual signing contract) above named, Nota~] Pu{~lo, 8tale of New York No 01806185050 (S)He is the ~Co~tractor, Age~lCorporate Officer, etc.) Comml~lon 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. ~om to before me this I~-~- day of fV~f~ 20 ]/ Notary Public AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUL 1 8 011 ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All 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. 1) Name of Applicant: '~' ~.. ~x~. _ ~ ~/-~ ~_~'T' 2) Address ofApplicant: £~,--, lig, I'~C~ ~/~ }"(/4tqKJ 3) Name of Land Owner (if o~h~r .khan applicant, l: 4) Address ofLand Owner: !l.~:~ ~j . ~g~ ~, ~.)~ 5) Des~iption of Proposed Project: ~ Q~ ~ C~q '~ ~ ~33~ 6) LocaflonofProEc~adandtax~p~ber):i~C- ~3H ~ 5~ 7) Is thc parcel within an agricultural district? ~o ~Ycs If yes, Agricultural District Number g) Is this parcel actively Ea~cd? ~o 9) Name and address of any owneKs) of land within the agricultural district containing active operation(s) located 500 Eom ofthe bounda~ ofthe proposed project. (lnfo~ation m~y be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer ~t thc Town Hall locations by viewing thc parcel numbers on thc Town of Southold Real Propc~ T~ System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers ma~e obtained, in advance, when requested from either the Office of the Planning Board at 765-193.8 o~r~e~Zoni~g Board of Appeals at 765-1809. (..~.8~ature of Applicant Date Note: 1. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) JUL ! $ 201 ~30ARD OF APPEAL~ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Frank Gilbert and PatriciaC. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship'~ includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns mom than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided, The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant: or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ,/~" day of 3t7{,/~ Signature: .~----r'ar~.~d--. ~/l>~-'('-, Print Name:_Frank Gil~"ert ~ECE~VED Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS .JUL 18 2011 ~OARD 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, lfan 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# 1000-71-1-11 OWNER: Frank Gilbert 1095 Parish Drive, Southold AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X Zoning Board of Appeals3[ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance for setback to bulkhead & Trustees permit RECEIVED 'JUL 1 8 2011 BOARD OF APPEALS Nature and extent of action: reconstruct and expand an existing deck on house and approve "as built"Gazebo used as landing (replaced previous landing)on existing stairs to beach Location of action: 1095 Parish Drive, Southold Site acreage: 20,970 sq. ft. Present land usc: existing house and deck, existing Gazebo Present zoning classification: r-40 2. If an application for thc proposed action has bccn filed with thc Town of Southold agency, the following information shall be provided: (a) Name of applicant: Frank Gilbert (b) Mailing address:1095 Parish Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot is .5 acres and is nonconforming in 1 acre zone. The lot has an existing bulkhead and protected by two jetties adjacent to Peconic Bay. The proposed deck is 56.5' from the bulkhead and requires a variance from the ZBA and permit from Southold Town Trustees i>olicy 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria RECEZVED X Yes No Not Applicable JUl 1 8 2011 BOARD OF APPEALS This property is developed with a house, bulkhead, beach stairs and 2 jetties. The proposed deck is a customary accessory amenity to a single family home and the Gazebo on the beach stairs acts as a landing. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resoumes from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Existing house remains, existing deck will be replaced and extended for additional outdoor livin~ snaee. Beach stairs with landing constructed in the 1960's when the house was constructed. The beach stairs were replaced when the bulkhead was replaced and existing, landin~ was changed to the Gazebo (,~! 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 X Yes No Not Applicable Proposed deck has no impact on water quality and Gazebo provides a landing on the stairs. 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. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming. The deck and Gazebo do not impact the ecosystem, the structures are landward ofwetland~ and a bulkhead 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 X.~ Not Applicable Air quality will not be affected by residential use Policy 8. Minimize enviromnental 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. X Yes No Not Applicable Solid waste is controlled through town-wide reeyellm,, no hazardous substances proposed at site. 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 XNo Not Applicable JUl_ 1 8 2011 BOARD OF APPEALS The parcel is private ownership and the structures do not impact public access seaward of the bulkhead 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 X Not Applicable Residential use of property on establish lot will not adversely impact Peconic Bay 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. X Yes No Not Applicable Peconic Bay is adjacent to development of parcel, however, construction activity is minimal for the deck. The Gazebo replaced a landing with seats and no activity is proposed to beach stairs. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. North Parish Drive is private residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. *copy of Town form created on 5/25/05 APPE,'ULS BOARD MEMBERS Gerard P. Goehrlnger, Chain'nan Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, h Robert A. Villa Telephone (516) 765- / 809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD RECEIVED JUL 1 8 2011 BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765d 823 Telephone (5 / 6) 765~ 1800 Appl. No. 4002. Upon Application of FRANK AND DORIS GILBERT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article ~XIV, Section 100-244B for permission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from the bulkhead. The existing nonconformities of this property are the lot area and setback oi the existing dwelling to the bulkhead. Location of Property: 1095 North Parish Drive at Ba!/view, Southold; County Tax Map Parcel No. 1000-71-01-011. WHEREAS, a public hearing was held on February 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and doc~nmentation submitted concerning this application; WHEREAS, Board Mermbers have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of ~act: l. By this application, appellants seek variances under Article ~tlit, Section 100-239.4B and Article XXIV, Section 100-244B for a proposed addition approximately 21' by 23' and proposing a se%-back at approximately 42 feet (to scale) to the outer existing bulkhead along Southold Bay~. ali_ as more partlc~larly shown on the renderings prepared by C.S. Gilbert, A.I.A. dated November 8, !990~ 2. Tile premises in question is identified on the Suffolk Ceunty Tax Maps as District 1000, Section 71, Block 1, Lot ti, contains a total lot area of approximately 20,650 sq. ft. with frontage of 100.0 feet along the north side of North Parish Drive. 3. The dwelling which exists is presently set back approxi- Page 2 Appt. No. 4002 Matter of FRANK & DORIS GILBERT Decision Rendered March 22, 1991 RECE/VED JUL 1 8 2011 BOARD OF APPEALS merely 63 feet from the outer bulkhead and approximately i07 feet to the front property line. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires ali. buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to t~dal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The amount of reliei requested in this respect is 33 feet, or 44 perccntum. 5. Article XilV, Section 100-244B of the Zoning Code provides rear yard relief to substandard lots containing less than 40,000 sq. ft. but more than 20,000 sq. ft. of lot area ~o a minimum of 50 feet from the rear property line. The amount of relief requested in this respect is eight feet from the requirement, or 16 percentum. 6. O2-site inspections find that the suOject dwelling is located closer to the bulkhead than those in the immediate area of this neighborhood, although the immediate area does consist of other substandard parcels improved with structures with substandard (but greater) setbacks item the bulkhead and the Bay; 7. It is thc position of this Board that in considering this application: (a) the relief requested is substantial in relation to the code requirements, {percentages noted above}; (b) the relief requested is not the minimum necessary to afford relief, and there is another alternative for appellants to pursue, such as constructing along the south side of the dwelling, without the necessity cf variances; (c) the relief, ii g~anted as Iequested, will eifect the essential c~azacter of the neighborhood and will contribute to erosion pict. lams arid runoff into the Bay; (d) the dlii.icultles claimed are not uniquely related to the property; (e) the grant of the safety, health~ welfare, town and Peconcic a variance will in turn be adverse to comfort, conveniemce or order of the (f) in view of ail the above, the interests of justice w~]] be served by denying the re]Jef requested. Page 3 - Appl. No. 4002 Matter of FRANK & DORIS GILBERT Decision Rendered March 22, 1991 RE~/ED JUL 1 8 201 ~OARD OF APPEA!,$ Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, so DENY the relief requested under Appeal No. 4002 in the Matter of the Application of Frank C. and Doris Gilbert. Vote of the Board: Ayes: Messrs. Dinizio, Villa and Doyen. Nayes: Messrs. Goehringer and Grigonis. (Messrs. Goehringer and Grigonis felt that alternative relief with a 50 ft. setback from the bulkhead should be granted in light of the noncon- formities of the lot area and width, the nonconformity of the dwelling which was created when 100-239.4B was enacted in May 1985 (previously 100-119.2B), as well as difficulties created for parcels to build on limited upland area.) This resolution was duly adopted. lk JA~4ES DINIZIO,~jR. 7' CHAIRMAN PRO TEM John T. Metzger, ES. ~ECONIC ~URVEYORS, P.C. P.O. Box909 1230TP. AVELER STREET SOUTHOLD, N.Y. 11971 631-765-5020' FAX631-765-1797 REGEZVED JUL 1 8 ZOll BOARD OF APPEALS July 15, 2011 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Dear Pat, Please note that in reference to your client Frank Gilbert, 1095 North Parish Drive, S0uthold, Suffolk County Tax Map # 1000-71-01-11, the distance from the gazebo to edge of the bulkhead is 15.0'. Sincerely, John T. Metzger Peconic Surveyors PC RECEZVED L -I:m~y YES. iT ~30 T0 ~EPLAEE AN ~'x3' OCTAGONAL GA~ E~D. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda July 23, 1998 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O, Box 1179 Southold. New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 gECE~VED JUL 1 8 ?_011 ~OARD OF APPEALS Costello Marine Contracting Sue Long P.O. Box 2124 Greenport NY 11944 RE: FRANK C. GILBERT, JR. SCTM #.11=1-11 Dear Sue, The following action was taken at the Southold Town Board of Trustees meeting on Ju~y 22, 1998: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to Permit #4830 to replace an 8' X 8' deteriorated timber landing and benches with an 8' octagon shaped gazebo. However, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892 Sincerely, · Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. Albert J. Krupski, President John Holzapfel, Vice President 5ira King Matin H. Gan-ell Peter Wenczel November 21, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD JUL 1 8 2011 BOARD OF APPEALSFo~: H_~I1 5~5 ~ R~ P.O. Box 1179 Sou~I~ New York 11~1 Telephone (516) 765-18~ F~ (516) 765-1823 CosteltoMarine Sue Long P.O. Box 2124 GreenportNY 11944 Re: FRANK C. GILBERT~ JR. SCTM ~71-1-11 Dear Ms. Lo~g, The following action was taken by the Board c~ Town Trustees during its Regular Meeting held on Nevember 18, 1997. regarS~-g the above matter: WHEP~2u~, FRANK C. GILBERt!, JR., applie~to the Southol~Town Trustees for a~ermit un,er the provisions of the Wetland Ordinance of the Tow~ of Southold, applicatio~ date~ Oc~o~er 23, 1997 and, WHEREAS. said applicatio~ was refe~e~to the Southotd Town Conservatio~A~vi~°r~ Council fo~ ~-%~ finding~ an~ recomm-n~atio,~ a~ WHEI~EAS, a t~blic Hearing was held by~e ~ownTrustee~with respect to sai~ application on Nov~-m~_r 18, 1997, at'which all interested persn~ were given and, WHEREAS, the Boar~ m~mh~_rs have ~_~S~.~lly viewe~ and are familiar with the prem%-~e-~ in questio~ ~ ~h~ su=r~,~%.g area, and, WHEREA~, the Board has coesidmred all the testi~m0nTan~ ' documentation suhm!ttedcon~er~ing this aPl:lic~on, an~, WHE~u~AS, the structure cc~plies wit~lthestandar~ set forT~lin Chapter 97-18 of the Southol~ Town Code, JUL 1 8 2011 ~OARD~OF APPEALS WHEREAS, the Board has determined that the project as proposea will not affect the health, safety and general welfare of the people of the town, NOW THEREFOP~. BE IT, RESOLVED, that the Board of Trustees approves the application of FRANK C. GILBERT, JR. to reconstruct 100' of existing bulkhead within 18" and backfill with approx. 20 c.y. of clean fill. BE IT FUR~ RESOLVED that this determination should not be considered a determination~aae for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expi=e two years from the date it is signed.. Fees~t be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and. the Trustees are te be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State FORM NO. ¢ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~OARD 01: APPEALS CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..N/~...No~.t~..~,~$e["...D~'.[.~.e ............. Street Map No 8~tzZ'~ ............ Black No...1[ZZ ............... Lot No. Z,~ ......... ~'~t~O.].d~t....~,~, ................ conforms substantially to the Application for Building Permit heretofore filed in this office doted .......................... ~,~e~l:)~.~.....~..., 19~'.~..., pursuant to which Building Permit No....[..L~.c)2. ........... doted ........................ ][O.~.ftl~Z'.......~... 19~°~....,wes ~ssued, and conforms to all of the requirements of the applicable provisions of the Iow. 'rh, e occupancy for which this certificate is issued is ................ ............ ~'..t~ t,~ .. o,-'m.. ,~. m~'~.~,¥.. A~.~ ;t,~ ~.~ ........ (..,~.l...~r~.~.) ............................................. Th~s certificate is issued to ....]~t. tl, lg~.~l.;l.,~,~.~..~.~ ........... (...~.) ........................................... (owner, lessee or tenant) of the aforesaid budding. 0612012011 14:20 H00RE LAH OFFICES ~=A~3176N~43 Frm'A Gilbert 5 Aspen Court Ossining NY 10562-2501 June 20, 2011 P.0041004 RECEIVED rUL 1 8 2011 ;~OARD OF APP£A/.~ Patricia C, Moore, Esq. 51020 Main Road Southold, NY 11971 D¢~r Ms. Moore: I, Frank Oilbert, hereby authorize you to make any and all applications to the Town of Southold Zoning Board of Appeals, Southold Town Trustees, DISC and any other necessary agencies on our behalfr~garding our prope~y located at 1095 N. Parish Drive, Southold, New York 11971 (sctm: 1000-71-1-11) Very truly yours, GILBERT t095 N. PARISH DRIVE SOUTt-tOLD SCTM: 1000-71-1-11 GILBERT 1095 N. PARiSfl DRIVE SOUTHOLD SCTM: 1000-71-1-11 G1LBERT 1095 N~ PAKISH DRIVE SOUTt ~O LD SCTM: 1000,--71=1-11 109.5 N. PARISH DRIVE SOUTHOLD SCTM: 1000-71-1~I 1 .,~ ,~ /o o: - ~/-/-// TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE DISTRICT SUB. TYPE OF BUILDING RES.?__./O vd LAND SEAS. IMP. ,3? ~'o NORMAL Farm Acre Tillable 1 Tillable 2 Tillable 3 Woodland VL. FARM DATE co~. [ ~ND.- REMARKS CB. j MISC. PARTIAE' / Total Swampland Brushland~'- House Plot JUL ! $ 2011 BOARD OF APPEALS ~ Porch Attic ~ Porch Rooms ]st Flor ~ Breezeway Patio Rooms 2nd Flor Ga rage Driveway O.B. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 14, 2011 'JUL 1 8 Z011 BOARD OF APPEALS Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: GILBERT Premises: 1095 N. PARISH DRIVE, SOUTHOLD Dear Chairman Weisman and Board mer0bers: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval 2. Application 3. Project Description 4. Questionnaire, C.O. 5. AG Data form 6. Short EAF form 7. Transactional Disclosure 8. LWRP form 9. Photos 10. Survey 11. Building Plans 12. Town Property card 13. Prior Gazebo approval 14. My clients check representing the filing fee. Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very truly yours, encls. Patricia C. Moore Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/19/11 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 111036 Reference Subtotal 6501 $750.00 Cash#: 328 Total Paid: $750.00 Name: Gilbert Iii, Frank C 5 Aspen Ct Ossining, NY 10562 Clerk ID: CAROLH Internal ID: 6501 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 July 20, 2011 Zoning Appeal No. 6501 Transmitted herewith is Zoning Appeals No. 6501 of Patricia C. Moore for Frank Gilbert- 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, Cover Letter from Patti cia C. Moore Dated July 14, 2011, Certificate of Occupancy No. Z 551 for Private One Family Dwelling Dated May 5, 1960, Authorization Letter from Frank Gilbert to Patricia C. Moore to Represent Them in this Matter Date June 20, 2011, Notice of Disapproval from Building Department Dated June 8, 2011, Eight Pages of Photos of Property, Letter from Peconic Surveyors as to the Distance from Gazebo to Edge of Bulkhead Date July 15, 2011, Drawing of Property Showing Existing Construction Dated June 10, 1998 Prepared by Marine Contracting Corp., Copy of Letter from Albert J. Krupski, Jr. President of Board of Trustees to Costello Marine Contracting in Reference to Permit g4830Dated July 23, 1998, Two Page Letter from Board of Trustees in Reference to Approval for Reconstruction of Existing Bulkhead Dated November 21, 1997, Copy of Property Record Card (Both Sides), Copy of Survey of Property Showing Existing Construction and Proposed Replacement of Deck Dated July 6, 2011 Prepared by Peconic Surveyors, Copy of Deck Construction with Floor Plans and Elevations Dated June 30, 2011 Prepared by Chomo Associates. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall Main Road · P.O. Box 1179 Southold, NY 1197143959 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 MEMO Date: August 18, 20l 1 To: Southold Town Trustees Re: ZBA #6501, Gilbert The Board is requesting comments on this application for the proposed and existing construction. Attached are copies of the Building department's Notice of Disapproval, a current survey, prior trustees permits and photos. This application is scheduled for a Public Heating on September l, 2011. Thank you, Vicki Toth 0f iq ~ Jill M. Doherty, President / ~' Bob Ghosio, Jr., Vice-President ~ /~ JamesF. King ~] Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Jill M. Doherty, Preside~. t..~ Board of Trustees ~t~ August 22, 2011 ,j ZBA #6501, Gilbert In regards to your memo dated August 18, 2011, the information has been reviewed and at this time there are no concerns with the application other than the addition of gutters to leaders to drywells installed on the dwelling to contain roof run-off. Please note that permits will be required through this office for any proposed work including any repairs. 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, SEPTEMBER 1, 20tl PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on TH U RSDAY, SEPTEMBER 1 ~ 2011: 12:00PM - FRANK C. GILBERT #6501 - .Request for Variance from Art. XXlI, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; 1) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo, located at: t095 North Parish Drive (adj. to Peconic Bay) Southold, Ny. SCTM#1000-71-1 -l 1 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 email: Vicki. Toth(~,Town. Southold.ny. us. Dated: August 5, 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 Sworn to before me this 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 Newspaper once each week for 1_!_ week(s), successively, commencing on the 25th day of Auqust, 2011. Principal Clerk 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 August 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,September 1, 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 Au,qust 17th: 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 shews the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 24th: 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 August 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before August 30, 2010. 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 GILBERT, FRANK #6501 MAP # 71.-1-11 VARIANCE BULKHEAD SETBACKS REQUEST ADDITIONS (As built) DATE: THURS, SEPT 1,2011 12:00 PM If you ar.e interested in this project, you may review the file(s) prior to the hear, ng during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of FRANK GILBERT (Name of Applicant) CTM Parcel #1000-71-1-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the i"~ ~ay of August, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) 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 day of/~ugu-~ 1 (Notary Public) PATRICIA C. MOORE Neta~ Public., State ef New Yo~k Suffolk County - No. 4861 Commission Expires June 16, C, 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. GILBERT NEIGHBOR MAILING LIST SCTM: 1000-71-11 DAVID & CHRISTINE CZERNIECKI 42 OAK PLACE BERNARDSVILLE NY 07924 SCTM: 1000-71-1-10 PAPPAS GN SM LTD PARTNERSHIP 142 OXFORD BLVD. GARDEN CITY NY 11530 SCTM; 1000-71-1-12 HARRY FIUMARO 1160 NORTH PARISH DRIVE SOUTHOLD NY 11971 SCTM: 1000-71-1-29 RECEIPT FROM: SENDT .~, ,. - FEES: }~/~/~ TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 CO01 0057 FROM: Moore Law Office RE: GILBERT ZBA HEARING SE~~sH Ced~ed Fee 2.85 Return Receipt 2.30 Restricted TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6~83 3110 0o01 co64 FROM: Moore Law Office .~H~)RRY ~IUMARO ' ] FEES: Postage 0 44 Return Receipt 2 30 Restricted TOTAL $ 5.59 POSTMARK OR DATE MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0064 7192 6463 3110 0001 0064 1. Article Addressed To: I HARRY FIUMARO -~/~-¢0-~/~--"~-¢~ I 1160 NORTH PARISH D SOUTHOLD NY 11971 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signatur Received By: C. Date D. Addressee'sAddress 7192 6463 3110 0001 0057 t. Article Addressed To: PAPPAS GN SM LTD PARTNERSHIP 142 OXFORD BLVD. GARDEN CITY NY 11530 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of FRANK GILBERT AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-1--2-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the2~'day of August, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, September 1, 2011 ~"--'~SATRICIA C. MOORE Sworn to before me this 3/ day of August, 2011 1ETSY A, PERKINS No. 01PE61306~8 Qualified in Suffolk Coon~_ ~ Commission Expires July *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 July 18, 2011 Re: ZBA File Ref. No. # 6501 GILBERT, Frank 1000~71.-1-11 Dear Mark: We have received an application for construction of a deck and an "as built" accessory gazebo, bulkhead setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Lesli~Veismar~ (~ ff By: ~tlJ¥ ~ ~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 18, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6501 Owner/Applicant: GILBERT, Frank Action Requested: bulkhead setback. Construction of a deck addition and an "As Built" accessory gazebo, Within 500 feet of: ( ) 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. Encls. Very truly yours, Le~. Weisrtlan By: ~_/~,~k]~/ ,~'- BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Gochringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 16, 2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6501 - Gilbert Dear Ms. Moore: Transmitted for your records is a copy of the Board's September 15, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely/.~h Vicki Toth Encl. Cc: Building Dept. Iooo- =~I-l- II SOUTHOLD BAY