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HomeMy WebLinkAbout6479SE 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 · RECEIVED Tel.(631) 765-1809 Fax (631) 765-9064 ,~ ~Qo.~ /' FINDINGS, DELIBERATIONS AND DETERMINATIO~)[/ 8 2011 MEETING OF NOVEMBER 17, 2011 ZBA Application No.: 6479SE Applicants/Owners: Joan Berglund Property Location: 75 Edwards Lane (aka 25605 Main Rd.) Orient, NY Suffolk County Tax No.: 1000-18-3-14 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 requirements under SEQRA. Southold Town Clerk 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 May 24, 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. The Zoning Board of Appeals held a public hearing on this application on November 3,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tme and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is an 71,954 sq. fl. parcel in the R-80 Zone, with 300 feet along Main Road. The property is improved with a single-family two story residence and several accessory structures as shown on the site survey drawn by Stanley J. lsaksen, Jr., Licensed Land Surveyor, and dated July 12, 2007. The proposed accessory apartment is located in the accessory structure noted as accessory structure #2 on the survey. The accessory structure #2 has a Pre-CO of record dated Nov. 08, 2007,under Certificate of Occupancy #Z-32716 confirming that the accessory structure was built prior to January 1, 2008. The owner resides in the existing single-family dwelling as the owners' principal residence. ADDITIONAL INFORMATION: A letter of support was received from a neighbor. FINDINGS OF FACT: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article 111, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: Page 2 of 3 - November 17, 2011 ZBA File#6479SE - Berglund CTM: 1000-18-3-14 1. The Accessory Apartment unit will be located on the first floor of the accessory garage with an area of 690 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Chorno Associates, Architects dated 3-1-11, revised 6-2-11 and signed by Angel B. Chomo, Architect, and as confirmed by the Building Inspector in a memorandum titled "Verification of Livable Floor Area" dated 6-9-11 and received by the Board of Appeals on June 9, 2011. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 1-4), and as documented by a notarized affidavit, copy of driver's license, copy of property tax bill and personal check. 4. The occupants of the accessory apartment will be the either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(j, 1-4). The renter shall be the owner's daughter and son-in-law as described in a notarized affidavit 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the survey by Stanley J Isaksen, Jr., dated July 12,201 I. 6. Only one accessory apamnent will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Weisman (Chairperson), seconded by Member Goehringer, it was RESOLVED to; Page 3 of 3 November 17, 2011 ZBA File#6479SE - Berglund CTM: 1000-18-3-14 GRANT~ a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Owner shall occupy the single-family dwelling or the Accessory Apartment as their principal residence. 2. Certificate of Occupancy shall be obtained from the Building Department before occupancy of the Accessory Apartment, which is required, and pursuant to §280-13(B)(13)and 280-13(D) the rental permit shall be renewed by the Building Department annually. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Perm it granted herein. 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Homing) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing'l/! / / O(/2011 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE SARAH LANSDALE, AICP DIRECTOR OF PLANNING May 24, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: RECEIVED MAY 8 1 2011 BOARD OF APPEALS Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Berglund, Joan #6479 Very truly yours, TRK:ds 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 Leslie Kanes Weism~m, Chairperson James Dinizio Jr. Gerard P. Goehringer George Homing Ken Schneider Town Hall Annex. Cat)rial One Building 54375 Route 25 at Youngs Road P.O. Box 1179 Southold, New Ym'k 11971 0959 Telephone (631) 765 1809 Fax (631) 765-9064 http://southol&own.northforknet ZONING BOARD OF APPEALS TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBAApplication No.: (.~q-7(~- ~~ Date sent to Buildinq:c%ll~I/ll MAY 2 3 ZOll BOARD OF APPEAL~ Pursuant to Town Board Resolution No. 2011-353, effective April 26,2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information listed above The livable floor area is determined to be Section 280-13B (13) (a) of the code square feet and is conforming lo The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B (13) (a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area" ~able floor area cannot be verified. COMME Date: BLDG. DEPI. TOWN OF SOUTHOtD C;UARANT££D [0 JOAN 8EP. GLUND LAWYERt; TITLE INS C:ORP 348.29' S 65 MAIN 55.8' 86.7' t ROAD (NYS RT 25) Z FINAL MAP REVIEWED BY ZB~ SEE DECISION # ~ u~'7 % DATED i..~_.l I I_.~1 1 _11 DESCRIBED FROPERTY SITUAT£ ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOAN GERGLUND TM~ ? 000-0 I~L05-O14 RECEIVED · MAY 1 ? 20~ BOARD OF APPEALS SURVEYED: 12 dULY 2007 SCALE 1"= 40' AREA = 71,954 S,F. OR 1,651 ACRES SURVEYED BY STANLEY J. ISAKS£N, JR. PO. BOX 294 NEW SUFFOLK. N.Y 119,56 .~.t~Y.5 Lic.' No. 4927,3 07R160.5 'l F~O~/ T SLAVA TIO IW I I ii al Ill ~ 2011 t~°~l'~t) oFApp~4t.$ ~Sq)RY APARTMENT ~'m: 3-1-11 ~ND RESIDENCE 25605 MAIN ROAD EAST MARION NY CHORNO ~IATES BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Jr. Gerard P. Goehrlnger George Homing Ken Schneider Town Hall Annex, Capital One Building 54375 Route 25 at Youngs Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1809 Fax (631) 765-9064 http://southoldtown.northforknet ZONING BOARD OF APPEALS TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: (~-~ ~ Date sent to Buildinq:,,.~//~/// JUN 9 2011 ~ARD OF App~,41..S Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based up~ the information listed above I/The livable floor area is determined to be" ~',70 square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B (13) (a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor ~able floor area cannot be verified. COMMENTS: ' AY l g 2011 FIN/ ._ ~ ~ /~ ~0 ~THOI~ SEE Signature of re~e~ ' r DATED i,I 11'7 I II ZONING BOARD OF APPEALS r ~¥RECEIVE~:~:~] 7 ?0!~ TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 ~,~ t~ APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDINGBoARD OF APPEALS Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s),Joan Berglund C/O Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971of Parcel Location: House No. 75 Street Edwards Lane Hamlet Orient SCTM 1000 Section 18 Block 3~ Lot(s) 14 Lot Size 71~954 SQ.FT. District R-80 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE Ill, SECT1ON 280-13 (B) , SUBSECTION 13 for the following uses and purposes (project description): (First Floor) ACCESSORY APARTMENT IN EXISTING ACCESSORY BUILDING. as shown on the attached survey and/or site plan drawn to scale, and the at~ached floor plan(s) drawn to scale. Statement of Ownership and Interest: Joan Berglund are the owner(s) of property known and referred to as 75 Edwards Lane~ Orient, NY (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 18, Block 03 _, Lot _14_, and shown on the attached deed. The above-described property was acquired by the owner on 11/1/07 The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The existing structure contains a pre-existing seasonal cottage. The remaining non-habitable portion of the building is an artist's workshop. The pre-existing cottage will be made conforming to the accessory apartment code and provide year round use for the owner's daughter and her husband. ADDITIONAL DOCUMENTS ATTACHED: 1. Existing Conditions Survey (enclosed) 2. Photograph of the Existing Accessory Structure & Principal Dwelling (enclosed) In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. YES 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registry and is eligible for placement, evidenced by a written lease for a term of one or more years. YES (FAMILY); the Daughter and son-in -law have a business in Greenport (art eallerv) the accessory apartment will provide separate living quarters for them 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. YES 4. The accessory apartment shall not exceed 750 sq. fi. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. YES 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. (9' X 18') Cars presently park in the large driveway. Space is also available next to the proposed apartment. 6. Not more than one (1) accessory apartment shall be permitted on this parcel. YES 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. NO B&B 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. YES 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. YES 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto Pre-CO dated 11/8/0711. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. ATTACHED 12. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. YES The property which is the subject of this application is zoned R-80 and [ X ] has not changed since the issuance of the Certificate of Occupancy attached. Cosmetic improvements & upgrades to electrical, plumbing & heating [ ] has changed or received additional building permits and Certificates of Occupancy for these changes, which are attached or will be furnished or has been subject ora prior ZBA decision(s), copies are attached. (NO PRIOR VARIANCES) Also attached Affidavit regarding occupancy of accessory apartment by family member COUNTY OF SUFFOLK) SS.: STATE OF NEW YORK) Sw/~foremethis/L da~/~,~~A'--'~ ,20 (NotarypZ~blic). ~ ~f~' [ ~ Public, State of New Yo~ No. 01PE6130636 Qualified in Suffolk Count~_ ~ Commission Expires July 18,.~..~-/_~ RECEIVED/ BOARD OF APPEALS 05/18/2011 12:27 Office Location: 631765 ZONINGBDOFAPPEA~ PAGE Mailin~ Address: 81/81 ,Town Annex/First Floor, North Fork Bank 5d375 Main Road (at Youngs Avcnuo) $outhold, NY 1.1,971 53095 Main Road P.O. Box !179 . $outhold, NY 11971-0959 hWp://south oldtown.no~'thfork.ne/ BOARD OF APPEALS ' TOWN OF soUTHOLD Tel. (651) 765-1809 Fax (631) Adcessory Apartment or Bed an6 Breakfa-%t with 0wner.-.o.c~-upancy Names of Individuals or Parties H~ving an Interest in the Subj'ect Pre~lises and a d~suription of their Interests: Name of the Applicant{s} and his/her Renidenee: ~5 Names of Current Residents/Occupants of the Sub~ect Premise~: · au.tronic Occupants axe: (please cheek one or more boxes) · { } Tenants with Written Lease { } Tenants without Written LeaSe {. } . Contract Vendees (~} Propose40coupants/Residents ~der ~S~Jec~ Application ~ ( ~ } Residents ~ ~ ~o~ %~q~ ~7"~ (~1~ ~ ~n,~ I~] : By not checking one or more of the ~ov~,' it is ass~ed NOTE that the current Occupants are not tenants with.a, written or without a written lease, are not current owners, are.not contract vendees, are not proposed Occupants/Residents under the S%lbject Application,' and/or have a dif~erent residence. Is th~ subject premises listed on the real estate market for sale or being shown to prospective b~¥erz? {' } Yes (xX) "o;< 2 . , - ·. ' AuthoriZed signature and Date ' Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: ,~- .~-- ° ///' 1. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~x~[ A Dimensions of new second floor: ~,Jf~ Dimensions of floor above second level: ~ ( ~ Height (from finished ground to top of ridge): ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ~ ~" III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ,;2 ~ Number of Floom and Changes WITH Alterations: -ro,:~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: "7 ! ' Percentage of coverage of your lot by building area: V. Purpose of New Construction: t~ \~'C.~t c--~s. 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 MAY 1 7 011 BOARD OF APPEALS OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Joan Berglund 1000-18-3-14 A. Is the subject premises listed on the real estate market for sale? Iq Yes E No Are there any proposals to change or alter land contours? E No Id Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted w~th th~s apphcat~on? no 3) Is the property bulkheaded between th~ ~tlands area and the upland building area? no 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: '~ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios concrete barriers bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? yes- stopped If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operati0hs conducted at this Parcel pre-existing nonconforming accessory buddings an seasonal cottage and single family dwelling a n d proposed use same (exampte§~ ~ng: single-family; proposed: same with garage or pool, or other description.) AuthBrl'Ted Signature and Date 2/05; I/07 RECEIVED ~AY 1 7 2011 BOARD OF APPEALS 14-16-4 {9/95)--Text 12 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 'l t. APPLICANT/SPONSOR 12. PRO~'FCT NAME Municipality ~/~G C~nty 4. PRECISE LOCA~ON (Streel address and road Intersections, prominent landmarks, etc., /~ -- /~' ~ /~ ~Y 1 g 2011 PROPOSED ACTION: [:~ New D Expa~l~lon 6. DESCRIBE PROJECT BRIEFLY: BOARi~ OF APPFAI.~ 7. AMOUNT OF LAND AFFECTED: 8. WILL PRO~SED A~ION COMPLY ~TH ~ISTING ZONING OR OTH~ ~NG ~ND USE R~TRI~ON~ ~ Yes ~ No II NO. deacrlbe b~f~ 9. WHAT IS PRESENT ~ND USE IN VI~N~ OF PR~E~? SEQR 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDIN~ NOW OR ULTIMATELY FROM ANY OTHER GOVERNMERTAL AGENCY (FEDERAL, STATE OR LOC^~? 12. A8 A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO 'rile BE.~T OF MY KNOWLEDGE Signature: ,, ~ Date: If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~ART II--ENVIRONMENTAL ASSE~ENT (To be comp, teted by Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN G NYCRR, PART 617.47 If yes. coordinate lhe rev,aw process anc use tt~e ~ULL EAF '"- --1 ~ .Yes .... NO B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If NC. a negahve ceciara[,or~ C5. Growth. subsequent development, or teletecl activities likely to be incluced by the propoSed action? Explain briefly, C§. Long term, short term, cumulative, or Diner effects not iclentifieq in C1-C57 Explain briefly, C7 Other impacts (including changes in use of either quantity or tyl3e of energy)? Explain bcieliy. D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ~STAO!.ISHMENT OF A CEA? [] Yes [] No £. IS THERE. OR {S THERE LIKELY TO 8~, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO ff Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether iris substantial, large, important or otherwise significant. Each effect shoutd be assessed in connection with its (al setting (i.a. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibility; (e) geograDhic scope; and (I) magnitude. I! necessa~, add attachments or reference supporting materials. Ensure that exolanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. question D of Part II was checked )'es, the determination and significance must evaluate the potential, impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse irrrlSi~cts 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 c~ocumentation, that the proposed action WILL NOT result in any significant aciverse environmenta~ impacts AND provide on attachments as necessary, the reasons supporting tl~is determination: S~gnacure of Res~ssble Othce¢ '~"Le&d A~eflcy AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 districL Ail 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: 2) Address of Applicant: 3) Name of Land Owner (if other than 4) Address of Land Owner: 6) Location of Property (road and tax map number): /,o,o.~ - ~ g' - .3 --?~ 7) Is the parcel within an agricultural district? []No ~Yes If yes, Agricultural District Number 8) ls this parcel actively farmed? r571No VI Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address , 4. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938~.~.,~_<.~f0~ the Zo~ Board of Appeals at 765-1809. ~/ "~~"~ ~.5-1.3'-1 /d "-g~gnature 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 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 i~le~d/~,{eview. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. ~t..~-x v ~-,..- MAY 1 7 20111-14-09 BOARD OF APPEALS APPLICAN'I TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Thc 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: Joan Bergland and PatrieiaC. 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 APPI,ICATION: (Check all that apply.) Tax Grievance Variance × Special Exception Iff'Other", name the activity: BOARD OF APPEALS 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 employmenl by) a corporation in which the Town officer or employee owns more 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 ofricer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5 Yo 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 thc applicant: or D) the actual applicant. DESCRIPTION OF REI.ATIONSItlP Submi.ed this_.//6° day of , ,: : Signature: ~ Joan Berglund "~v,,,.,.n Patricia C. Mooie Town of Southold Zoning Board of Appeals Main Road Southold NY 11971 by hand PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (631) 765-4643 May 5, 2011 RECEIVED MAY 1 7 ?011 BOARD OF APPEALS RE: ACCESSORY APARTMENT APPLICATION JOAN BERGLUND, 25605 MAIN ROAD, ORIENT SCTM: 1000-18-3-14 Dear Chairman Weisman and Board members: With reference to the above, enclosed please find an original and 7 copies of the following: 1. Accessory apartment application together with client's authorization 2. Project description, questionnaire, Agricultural data form and Short FAF 3. Transactional disclosure form 4. Certificate of Occupancy dated 11/8/07 for 1 family dwelling w/screened & covered porches, accessory deck, pumphouse, 1 car garage and non-habitable building and seasonal use cottage with storage. 5. Copy of deed 6. Town property card and Photograph 7. Occupancy affidavit with attachments' 8. Building plans 9. Survey 10. My clients check for the filing fee Please place this matter on your next available calendar Thank you and please do not hesitate to call should you/I,l,l~ve any questions. // V,~ truly yours, PCM/bp encls. JOAN A. BERGLUND 25605 Main Road Orient NY 11957 Augustl9,2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Joan A. Berglund, authorize you to make any and all applications and appear on our behalf to the Town of Southold Zoning Board of Appeals, Suffolk County Departement of Health and any other necessary agencies on our behalf regarding properties located at 25605 Main Road, Orient, New York (sctm: 1000-18-3-14) Jo ..~.,, ~. Berglund' ( xx x RECE V ,7 7 MAY 1 BOARD OF APPEALS BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR,S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 THIS INDENTURE, made tile j day of~//¢,,~ 2007 between E. RICHARD KEOGH residing at 75 Edwards Ave., Orient, NY and CAROLE K. NIULLANE residing at 13619 n 94TM Dr ye A ' "~ , pt..,,y, Peoria, Arizona 85381, as tenants in common. party of the first part, and JOAN BERGLUND residing at 75 South Main St., Southampton, NY 11968 party oftbe second part, PYlTNESSETH, that the party of the first pan, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part ~ILL that certain plot, piece or parcel of land, w/th the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF The grantors berein are the same persons who acquired title by deed recorded in Liber 12137 Page 632 and Liber 9914 Page 544. TOGETHER witb all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to tbe center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TOHA VEAND TOHOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section i3 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part bas duly executed this deed the day and year first BOARD OF APPEALS STATE OF NEW YORK ) COUNTy OF SUFFOLK ) RICHA1LD KEOG~I, personally known to individual whose name is subscribed to the withJ in bis capacity, and that by his signature on the individual acted, executed the instrument. NOTARY PU~ LOU~$ NOTARY PUBUG, State of NeW yo~ STATE OFAPdZONA ) r,., 70_ ) undersigned, personally appeared E. )/ne on the basis of satisfactory evidence to be the he executed the same I, or the person upon behalf of whicb the On the / ~- day of~./~atw4m/-~ , 2007, before me, the undersigned, personally appeared CAROLE K. lVI~LLkNE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name [s subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf& which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the / / DEED 't~!l~No. ~ ~)~"~,~7~ Section 018.00 Block 03.00 RECEIVED Lot 014.00 ---ff~:v 5{ 7 ~ KEOGH County or Town SUFFOLK AND MULLANr MAY 1 7 Z011 To BERGLUND BOARD OF APPEALS Return By Mail To: MATfHEW TEDONE. ESQ. 983 WILl,IS AVE, ALBERTSON, ,NY 11507 Reserve This S_jp_ace For Use Of Recordin~ Office Underwriter No. LAWYERS Titie Number ECA40938 Lawyers Title Insurance Corporation Schedule A Description Page I ALL that cedain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northwesterly line of Main Road, at the southeasterly corner of land of Edgar Brown and at the southw~esterly corner of the premises herein described; and running along said land of Edgar Brown, North thirty-nine (39) degrees, three (3) minutes, forty (40) seconds West two hundred twenty-seven and sixty-nine hundredths (227.69) feet; THENCE along other lands of the portion of the first part two courses as follows: 1 On a line parallel with said northwesterty line of Main Road, North sixty-three (63) degrees, forty-one (41) minutes, forty (40) seconds East three hundred forty-eight and twenty-nine hundredths (348.29) feet; thence 2. On a line parallel with the southwesterly boundary line of land of David Gillispie South twenty-six (26) degrees, forty-nine (49) minutes, ten (10) seconds East two hundred twenty-two (222) feet to said northwesterly line of the Main Road at a point which is thirty-four and nine hundredths (34.09) feet southwesterly along said nodhwesterly line of'Main Road from said land of David Gillispie; THENCE along said northwesterly line of Main Road, South sixty-three (63} degrees, forty-one (41) minutes, forty (40) seconds West, three hundred (300) feet to the point or place of BEGINNING. Said premises being known as 75 Edwards Lane, a/k/a 25605 Main Road, Orient Point, NY DISTRICT 1000 SECTION 018.00 BLOCK 03.00 LOT 014.000 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT Joan Berglund (Name of Applicant) SCTM Parcel #1000-18-3-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Joan Berglund, being duly sworn, deposes and says: That I am the owner of 75 Edwards Lane, Orient and that ~y husband and I reside in said main house. ~!3r\~ ~:~ - ~ ~-L~ ~,~ ~'~ ~ /~o~ That my daughter and her son, Amy Worth and Thomas Payne will reside in the apartment located in an accessory structure at said premises. I am attaching copies of the following to prove that I reside at 75 Edwards Lane~ ~ Orient: 1. My terp4a~a~ drivers license 2. Town of Southold Real property tax bill 3. copy of check showing my current address I make this affidavit knowing that the information contained herein will be relied upon by the Town of Southold Zoning Board of Appeals (SignatUre) ~, Sworn to before me thisc, day of March, 2011 (Notary Public) RECEIVE~ BOARD OF APPEALS 473889 18.-3-14 TOWN OF SOUTHOLD CONSOLIDATED REAl. PROPERT~ TAX BILL ~01o - NOVEMBRR 30, 2011 · TAXES RECOME A 477 01 2415 210 I Res ,,,.,, ,._.......- .......... -.......... Berglund, Joan Oyster Ponds School 47.11% 14,500 I 363.742 -0.40% 5,274,26 Oyster Ponds Library 372% 14i500~ 28.722 0.00% 416.47 RECEIV ~AY l 7 2 )11 Suffolk Cou.ty Tax i 2.46% 19,013 000% 275.69 Southotd Town Tax 3262% 14,500 1 251~873 2.40% 3,652.16 NYS Rea Prop TaxLaw MTA Payroll Tsx Orient FD Orient Mos~ O~st~ict Ortenf-E Marion Park Solid Waste District FIRST HALF TAX ~ ~e .. _ _ p,,,~ _ 1.58% 14,500 12 17'1 460.10% 176.48 0.08% 14,500 619 -8.00% 8.98 8.43% 14,500 55.0i~ 4).1~ 943.49 : 154,19 0.32% 14,500 2487 2.31% 14,500 17827 -1400% 258.49 SECOND HALF -- SOUTHOLD TAX LEVY ° 2010-2011 DETACH STUB AND RETURN WITH 8ECONO HALF PAYMENT - RETURN BOTH STUBS FOR PAYMENT OF TOTAL TAX, MAKE CHECK PAYABLE TO GEORGE R. SULLIVAN, RECEIVER OF TAXES AND WRITE BILL NO, AND TAX MAP NO. ON FACE OF THE CHECK, PAiD BY: ASEES,"JED OTHER SUFFOLK COUNTY TAX MAP NUMBER 473889 18.-3-14 AMOUNT DUE BILL NO. 6,598.14 t 2416 Berglund Joan FORM NO. 4 TOWN OF SOUTHOLD BUILDING DE P~RTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCy BoARD OF APPEALS No: Z- 32716 Date: 11/08/07 THIS c~KTIPIES ~h~t the building DWELLING AND ACCESSORIES Location of Property 75 EDWARDS LA ORIENT (HOUSE NO.) (STREET) (HAMLET) County T~x ~ap NO. 473889 Section 018 Block 0003 I~t 014 Subd/vision Filed Map No. Lot NO. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OC~i~PANCY ND~BER E- 32716 dated NOVEMBER 8r 20p7 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 1 FAMILY DWLG W/SCREENED & COV PORCHES, ACCY DECK, ACCY PUMPHOUSE, ACCY 1 CAR GAR, ACCY NON-HABITABLE BLDG & SEASONAL USE COTTAGE WITH STORAGE.* The certificate is issued to E RICHARD KEOGH & ANO {OWNER) of the aforesaid building. SU~I~K ~ DEPAR~T OF HFJ%L~ APPRO~%L N/A m.R~JTRIC~%5 U~'rIFIC_A~ NO. PL~ ~'i~/FICATION DA~ *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A Authorized Signature Rev. 1/81 ~AY 1 ? Z011 BOARD OF APPEALS BAT~C~(S): 2.0 TOILET ~(S); 0.9 ~'~ itO0~(8): * VIOLATIONS: C~L~PTER 45 N.Y. STATE U~IFORM FI~J~ PP.~VF~VCION & BUILDING CODE DESCRIPTION ART. SEC. INS P~-~u~ BY: ~ ~ ~r(~: oo/oo/oo ./~M-/~-?-/~' TOWN OF SOUTHOLD PROPERTY RECORD C~[l~'~,/_ /'-/ ~ ~.- O~/.~...~ STREET 75 VI L~GE DISTil SUB, LOT ~ORM~ OWNER ~ N~ E ACR. RES. plo S~S. VL. FAro COMM. CB. ~D IMP. TOTAL DATE REMARKS ~ ~o a AGE BUILDING CONDITION N~ NO~L BELOW A~OVE FAPJ 4 Acre Value Per Value Ac re Tillable 3 Woodland BUARD OF APPEA~ Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 7 House Plot DEPTH BULKH~D Total D~K F. OLOR 18.-3-14 10/10 M. Bldg. Foundation ~e~Sion ~Xtension Patio Total Basement Ext. Walls Fire Place Type Roof Recreation Roan Dormer Driveway Bath Floors Interior, Finish Heat Rooms Ist Floor Dinette LR. DR. BR. Rooms 2nd Floor FIN. B. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 20, 2011 Zoning Appeal No. 6479 Transmitted herewith is Zoning Appeals No. 6479 of Patricia C. Moore for Joan Berglund - the Application for Special Exception for Accessory Apartment in an Accessory Building. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, Cover Letter from Patricia C. Moore Dated May 5,2011, Authorization Letter from Joan A. Berglund to Patricia C. Moore to Represent her in this Matter, Three Pages of Deed Between E. Richard Keogh and Joan Berglund Dated November 1, 2007, Affidavit from Joan Berglund to Zoning Board of Appeals with Copy of Drivers License, Tax Bill and Copy of Check Attached Dated March 21,2011, Copy of Pre Existing Certificate of Occupancy No. Z-32716 Dated November 8, 2007, Copy of Property Record Card (Both Sides), Copy of Housing Code Inspection Report from Gary J. Fish, One Page of Photo, Copy of Survey Showing Property as it Exists Dated July 12, 2007 Prepared by Stanley J. Isaksen, Jr., Copy of Plans Showing Floor and Elevations Dated March 1, 2011 Prepared by Chomo Associates. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/18/11 * * * RECEIPT * * * ReceiptS: 103047 Transaction(s): 1 1 Application Fees Reference Subtotal 6479 $500.00 Check#: 1237 Total Paid: $500.00 Name: Berglund, Joan 75 S Main Street Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6479 November 2,2011 To the attention of: Zoning Board of Appeals Town of Southold, NY R~C~IV~D NOV 2 20.~ BOARD Oi= APPEALS With regards to the request by Joan Berglund for a variance for an art studio and an accessory apartment, we have no objections. Mrs. Berglund has been a respectful neighbor and we are sure that anything she does will be to the benefit of the community. Respectfully, Howard Leshaw, Joan Turturro 25500 Main Road Orient, NY 11957 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 htlp://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 3, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1t79, Southold, New York 11971-0959, on THURSDAY~ NOVEMBER 3, 2011: 10:00 AM - JOAN BERGLUND #6479 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14. 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: October 11, 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 t179 Southold, NY 11971-0959 0-10423 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 I week(s), successively, commencing on the 20th day of October, 2011. LEGAL NOTICE SOUTHOLD TOkeN ZONING BOARD OFAPPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of thc Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southuld. New York 11971-0959, on THURSDAY NO- VEMBER 3. 2011: 10:60 AM - JOAN BERGLUND I~M~9 - Applicant requests a Special Exception under Article III, Section 280-13B(13).The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000- 18-~14. 10:1~ AM - JOAN BERGLUND t~JSll - Request for Variance from Ar- ticle III, Code Section 280-13C and 280- 15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concern- ing "as built" art studio; 1) "as built" construction of an art studio is not a per- mitted use, 2) less than the code required rear yard setback of 20 feet, located at: 75 Edwards Lane (aka 25605 Mare Road) Orient, NY. SCTM#1000-18-3-14 10:4S AM - DAVID MOORE ~6515 - Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building per- mit application for "as built" additions and alterations to existihg single fanfily dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-514-17 11:15~AM - KENNETH __HEIDT_ ~651~6 - Request for Variances from Cod9 Article XXII Sect_ion 280-116 and Article XXIII Section 280-124 and the Building Inspector's September 2 L 2011 Notice of Disapproval based on an application for building permit for demolition and con- stmction of a new single family dwelling at: 1 ) less than the code required setback of 75 feet from a bulkhead, 2) less than the code required single side yard set- back of 15 feet, 3) less than the code re quired combined side yard setback of 35 feet, located at: 8530 Peconic Bay Blvd., (adj. to Great Pecoulc Bay) Laurel, NY. SCTM#1000-126 I 1-22 11:30 AM - BARBARA TERRELL ~6513 - Request for Variance from Arti- cle XXBI Code Section 280-124 and the Building Inspector's August 2, 2011 No- tice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addi- tion to existing single family dwelling at; 1) less than the code rdquired front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2630 Gillette Drive East Marion. NY. SCTM#1000-38-2-27 11'50 AM - MICHAEL and COR- ~- Request for Vari- ance from Code Article XXlll Section 280-124 and Article XXII section 280 116 and the Building Inspector's August 11,2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required set- back of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cotchogue, NY. SCTMg1000- 110-7-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Oc- tober 6, 2011 L.00 EM. - TAUBIN FAMILY TRUST tORRI #6509 Principal Clerk o~~_. _ 2011. CHRISTINA VOLINsKi PUELiC-STATE No. OF NEW YORK 0 i-V06105050 'v cQ°~amilf,~;dn ,~c SUffolk County 1'.30 PM - MARTIN KOSMYNKA IKOS. LLCI #6514 - Request for Vari- ance from Art, XV, Section 280~63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a build- ing permit application to construct a car- port at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximtma lot coverage of 30%, located at: 50 Commerce Drive Cutchogue, NY. '1:50 PM - PATRICK TREANOR $651~ - Request for Variance from Article III Section 280-14 and the Building In- spector's April 21, 2011 updated Septem- ber 7, 2011 Notice of Disapproval based on an application fpr building permit for construction of a third story "as built" to an existing dwelling at: 1) more than the code required number of stories of two and a half, located at: 2055 Grandview Drive Orient, NY. SCTM#1000-14-2-3.20 2:15 P.M. - CATHRIN STICKNEY ~6517 - Request for Variance from A~ ticle III, Code Section 280-15, and the Building Inspector's August 2, 2011, re- vised October 3, 20I 1 Notice of Disap- proval, based on a building permit appli- cation to construct a second story deck addition to an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. for acces- sory buildings on lots 20,000-60,000 sq. ft., located at: 1050 North Hyatt Road Southold, NY. SCTMgl000-50q - 13.I The Board of Appeals will hear a0 persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. 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.nv ,,~. Dated: October 11, 2011 ZONING BOARD OF APPEAI~ LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 54375 Main Road (Office Location) 53095 Main Road (Maillng~JSpS) P.O. Box 1179 Southold, NY 11971.0959 10,423-1T 10/20 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 websJte: htt~://southtown.north£orkmct October 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 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 October 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than October 26th: 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 October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before November 1, 20'1'1. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. {PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BERGLUND, JOAN #6479 MAP # 18.-3-14 VARIANCE Special Exception REQUEST Accessory Apartment in Accessory Structure DATE: THURS, NOV. 3, 2011 10:00 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOAN BERGLUND (Name of Applicant) CTM Parcel #1000-18-3-14 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 th~ day of October, 2011, I personally mailed at the United States Post Office in Sodtl~old, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notices 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, ~rl 'ehicular right-of-way of record, surrounding the applicant's property. / Sworn to before me this .~.~ctober, 2011 ¢ (Notary Public) MARGARET C, RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified in Suffolk County O Commission Expires June 3, ~. /_5' ' 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. RECEIPT 7192 6463 3110 00Ol 0378 FROM: Moore [aw Office RE: becgluc~d ZSA SEND TO: ORIENT ROAD LLC CIO LASEVEN LLC 1775 BROADWAY, SUITE 501 NEWYORK NY 10019 FEES: Postage 044 Certified F 2 85 Retur 2 30 RECEIPT 7192 6463 3110 0001 0385 FROM: Moore Law Office RE: berglund ZBA SEND TO: SEEORIENT LLC PO BOX 352 ORIENT NY 11957 FEES: Postage 044 Cerir~ed Fee 2.85 Return Receipt 2 30 RECEIPT 7192 6463 311 o o0ol 0392 FROM: SEND TO: GERTRUDE A KUHN RECEIPT FROM: ' SEND TO: JOAN TURTURRO HOWARD LESHAW 49 KING STREET, APT 5 NEW YORK NY 10014 FEES: 044 FEES: Postage Cer[i ed ~;ee ~ 2.85 Return R e/ce~F~..~ ~ Postage 0 44 ~- Certified Fee 2 85 RECEIPT 7192646331100001 0415 FROM: SEND TO: ROBERT C WENGER 517 THIRD STREET BROOKLYN NY 11215 FEES: Postage o 44 Retur r~R~l~'---~, :~ TOT,~I.~/ ¢~,~ PO~,~ ~ D~ATE RECEIPT 7192 6463 3110 0o01 0422 FROM: Moore Law Off'ce RE: berglund ZBA SEND TO: RALPH CASLENOVA CATHERINE CASLENOVA PO BOX 326 ORIENT NY 11957 FEES: Postage RECEIPT 7192 6463 3110 0o01 0446 FROM: Moore Law Office RE: berglund ZBA SEND TO: KHEDOURI EZAIR 931 MADISON AVE NEW YORK NY 10021 FEES: Postage 044 Certified Fee 285 TOTAL ~ RECEIPT 7192 6463 311 o O0Ol 0439 FROM: Moore Law Office RE: berglund ZBA SEND TO: KHEDOURI EZAIR 931 MADISON AVE NEW YORK NY 10021 FEES: Postage 0 44 Cedified Fee - 285 RR eets~inct~30 TOTAy PO~:~ARK O_R~ BERGLUND NEIGHBOR LIST ORIENT ROAD LLC C/O LASEVEN LLC 1775 BROADWAY, SUITE 501 NEW YORK NY 10019 SCTM: 1000-18-3-6.16 SEEORIENT LLC PO BOX 352 ORIENT NY 11957 SCTM: 1000-18-3-10 GERTRUDE A. KUHN 36 SUMMIT AVE. STATEN ISLAND NY 10306 SCTM: 1000-18-3-13 JOAN TURTURRO HOWARD LESHAW 49 KiNG STREET, APT. 5 NEW YORK NY 10014 SCTM: 1000-18-6-10 ROBERT C. WENGER 517 THIRD STREET BROOKLYN NY 11215 SCTM; 1000-18-6-11 RALPH CASLENOVA CATHERINE CASLENOVA PO BOX 326 ORIENT NY 11957 SCTM: 1000-18-3-9.9 KHEDOURI EZAIR 931 MADISON AVE. NEW YORK NY 10021 SCTM: 1000-18-6-14.5 KHEDOURI EZAIR 931 MADISON AVE. NEW YORK NY 10021 SCTM: 1000-18-6-14.6 ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK ............................................................... In the Matter of the Application of JOAN BERGLUND AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-18-3-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOAN BERGLUND, residing at 75 Edwards Lane, (a/k/a 25605 Main Road), Orient, New York being duly sworn, depose and say that: On th~-,~day of October, 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, November 3, 2011 Sworn to before me this ) day of C~ei~:, 2011 /L/oV . ~l°tary ~'-'-I NO. 01 PE6130636 Qualified in Suffolk Cou~ ~ ~mi~ion ~ir~ July 18~ ~ } ~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is de~ivay addres~ different from item 1 ? [] yes If YES, enter delivery address ~erow: [] No 3' ~Ce~lff~ blall n Expm~s Me/I [] Reglste~d ~etum Receipt for Merchandise [] Insured Mall [] C,O.D. 4, Restricted Delivery? ~ F6e) [] 2, Article Number PSForm3811,Febmary20~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 1:/~ease Print~learly) 7010 0290 0002 8941 1099 Domestic Return Receipt 102505~ ~1~,~ -(Extra F~) r-~ Yes CERTIFIED 4, Restricted Delivery? 3. Service Type 2. Article Number 7192 6463 3110 0001 0422 7192 6463 3110 0001 0422 1. Article Addressed To; RALPH CASLENOVA CATHERINE CASLENOVA PO BOX 326 ORIENT NY 11957 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0001 0415 EN ER I STREET · YN 11215 :t MOORE LAW OFFICE 51020 ~IN ROAD ~ SOUTHOLD NY 11971'emm'' Signature: (CAddressee or DAgen~ Received By: (Please Print C/early) Date of Delivery MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 B. Re, ceived By: (Please Print Clearly) C. Date,of Delivery MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Sigdatu~ ~gent) Received By: i 7192 6463 3110 0001 0378 I, Article Addressed To: ORIENT ROAD LLC C/O LASEVEN LLC 1775 BROADWAY, SUITE 501 NEW YORK NY 10019 4. Restricted Delivery? 3. Service Type (Exfra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0385 7]~92 6463 3110 0001 0385 t, Article Addressed To: SEEORIENT LLC PO BOX 352 ORIENT NY 11957 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0460 7192 6463 3110 0001 0460 Article Addressed To: ROBERT & DARLINE MCGINNESS 25760 MAIN ROAD ORIENT NY 11957 SCTM: 10 1000-18-6 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) 76S-1809 * l~ax (631) 765-9064 May 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 #6479 Action Requested: Within 500 feet of: Owner/Applicant: Berglund, Joan Accessory Apartment in Accessory Structure (X) State or County Road ( ) 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 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 Offic~: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 November 18, 2011 Patricia Moore 51020 Main Road Southold, NY 11971 RE: ZBA Application//6479 & 6511 - Berglund Dear Ms. Moore: Transmitted for your records is a copy of the Board's November 17, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above applications 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, Vicki Toth End. Cc: Building Dept. 6.11 23 8,0AIC) 27 NOTICE r- 1 ,.?C,,~ / 6. , /~ZJ' -- J/zPN ~t~ VA 7'/o/kl RECEIVED BOARD OF APPEALS 1000-18-3-14 ACCESSORY APARTMENT DATE: 3-1-11 BERGLUND RESIDENCE 25605 MAIN ROAD EAST MARION NY A-1 CHORNO ASSOCIATES architects. SOUTHOLD, NEW YORK