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