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HomeMy WebLinkAbout6513 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 RECEIVED ZONING BOARD OF APPEALS '} ~-J~ 9~ J: 3 ~ TOWN OF SOUTHOLD i~;~q'¥[~ ~"-o ~2 8 2011 Tel. (631) 765-1809 · Fax (631) 765-9064 [~. _ ~.~,~ FINDINGS, DELIBERATIONS AND DETERMINt~TIiO~ MEETING OF NOVEMBER 17,2011 ,~OU Io~d Town glcrk ZBA FILE No.: 6513 NAME OF APPLICANT: Barbara Terrell PROPERTY LOCATION: 2630 Gillette Drive, East Marion, NY SCTM#1000-38-2-27 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 Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a single family dwelling it contains 10,500 sq. ft. It has 105.00 feet on Gillette Drive, 100.00 feet along the southern property line, 105.00 feet along the western property line and I00.00 feet along the northern property iine as shown on a survey prepared by Roderick VanTuyl, PC., dated November 5, 1982. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-12~ and the Building Inspector's August 2, 2011 Notice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addition to existing single family dwelling at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant proposes to construct a front porch addition at 29 feet from the front property line where the code requires 35 feet and to legalize an as built rear deck at 25.10 feet from the rear property line where the code requires 35 feet. ADDITIONAL INFORMATION: Applicant stated at the public hearing they assumed the existing rear deck was legal and built with the original dwelling. Town records show that the rear deck was constructed, after the dwelling was built and received a CO, without the benefit of a permit. The applicant is not the original owner. FINDINGS OF FACT/REASONS FOR BOARD ACTION: 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 surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2 of 3 - November [ 7,2011 ZBA File#6513 - Terrell CTM: 1000-38-2-27 1. Town Law §267-b(3)(b)(1). Grant of the variances of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The house next door has a front porch that is similar in style and twice the proposed size and the deck has existed since at least 1983 in the rear yard without incident. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the lot is small measuring 100 by 105 feet. The dwelling was constructed in the middle of the lot with conforming front and rear yard setbacks. So any additions to the front or rear will require the need for a variance. 3. Town Law ~267-b(3)(b)(3). The variance granted herein is not substantial in regards to the front yard setback, it represents a 17% relaxation of the code required 35 feet. This impact is lessened further by the proposed porch being open on the sides and only extending across half of the front elevation with the rest of the house retaining its conforming front yard setback. The existing rear yard setback is substantial representing a 26% relaxation of the code required 35 feet setback. However, the rear deck was constructed sometime after 1974 but prior to 1982, which was before the code change for non-conforming lots in 1995 and it is very well screened from neighbors views by mature vegetation. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many homes in the area have similar front and rear yard setbacks. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant's desire to have a front porch necessitates the need for a front yard variance and the need to obtain a certificate of occupancy for the rear yard deck or remove the deck, which the board determines is an undo hardship. The applicant purchased the parcel after the Zoning Code was in effect and it's presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 6. Town Law §267-b. Grant of is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch and rear deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan and elevations dated last revised June 21,2011 prepared by Robert I. Brown, RA. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 - November 17, 2011 ZBA File#6513 - Tetrel[ CTM: 1000-38-2-27 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Hfrning) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing////~( /2011 DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING September 14, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Number~ Slade, Michael & Corrine (c/o Nancy Steelman Berglund, Joan (c/o Patricia Moore) Treanor, Patrick Terrell, Barbara & Dennis 6510 6511 6512 6513 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) 853,4044 ,,v ,~" ~i~ xo°'°.'/''' . ~,.. ~ ~,,,~ ..... ~ ~ ~ r,~ ~$~~' ~ · BASED ON' SURVEY ~ . ~,, ~ x ~ ~ OF PROPERTY ~ ~ ~ x. ~ ', ~ AT 2~aO GILL~Z DRIVE ~ $ ~ ~ ~' EAST MARION~ ~' '~ ' ~ o~X'X TOWN OF 50UTHOLD, N.Y. ~ $G~ ,~ TITLE NO. T 1282-2889 LOT COVE~GE., 5UFF.CO.T~ MAP DATA: 1000-038-2-27 LOT AREA = I 0,600 SQ. PT. ~ ,~,**~ ~sz~wn BY RODER'.ICK VAN TUYL,P,C. BUILT FOOTPRINT: I ,G59 SQ. FT. = l 5,8 %~ T"R5R P~N* A~ AN 'NST[UMENT OP LAND SURVEYOR PROPOSED TOATL COVE~GE: AND 51TE OBSERVATION BY i G59 + 124 = 1,783 SQ. ROBERT I. BROWN, ARCHITECT (20% ALLOWED) 51TR PLAN · ~ ,,= 20,_0,, ~ TERRELL ~ RESIDENCE - i EAST N.Y, SOUTH ELEVATION ~ EAST Sn~ ~L~VATIO. ~ REVIEWED BY ZBA ~ ~ DECK AND PO~CH ADDITION ~ 51TR P~N AND SEP I ~ ~ ~A*~ ELEVATION5  BOARD OF APPEALS i AI~ 2 2 2UH ASNOTED WEST 5IDE ELEVATION 5ODTH ELEVATION EAST EXiSTiNG K J H G F II D C A FORM NO. 3 NOTICE OF DISAPPROVAL To: Barbara Terrell 2630 Gillette Dr. E. Marion, NY 11939 SEP It ~011 BOARD OF APPEALS Please take notice that your application dated July 25, 2011 For construction of a porch addition & "as built" deck at Location of property 2630 Gillette Dr., E. Marion, NY County Tax Map No. 1000 Section 38 Block 2 Lot 27 Is returned herewith and disapproved on the following grounds: The additions on this non-conforming 10,500 sq.fi, lot, are not permitted pursuant to Article XXIII Section 280-124 which states:. "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots less than 20,000 sq. ft. the required t~ont & rear yard setbacks are 35' each. The site plan indicates a ~ont yard setback of 29' & a rear yard setback of approximately i~. Authorized Signature RECEIVED Fee:$ /1~2'~ FiledBy: Assignment No. SE? 9 _?all BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. ~{~{)Street Coi/i scm lOOO Section BIoek d Lot(,) Hamlet Lot Size j 0~g'lO ~ Zone ~ - Iq 0 Mailing Address: i 3°~ fi, Telephone: I (WE) APPEAiL T~ItE WRITTEN DETERMINATION OF THE BUILDING I~ISP, ECTOR DATED applicant(s)/Owner(s): Email: b LkerrckL(~olo NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: ApCheck to specify who you wish correspondence to be mailed to, from the above names: plicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY,TH~ BUILDING INSPECTOR REVIEWED SURVEY/SITE I~L ~A~q, DATED i~[ ~' ~}q~ and DENIED AN APPLICATION DATED .~/t~,~/ '// FOR: ' (~/~ffuildingPermit (,~Coc ~o~ ~or~- ~ ~ ~(t~ I ( ) Certificate of Occupancy ( ) Pre-Ce~ficate of Occupancy ( ) Change of Use ~ Permit for As-Built Construction (~C C~C ~e*~ - e~i ~41 ~3 ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Section: Sub section: Type of Ap~peal. An Appeal is made for: 0¢9' A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, ~¢~¢has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). _. (Please be sure to research bq[bre completing this question or call o r office for assistance) Name of Owner: Z~l~File # REASONS FOR APPEAL (additional sheets may be used with preparer's s~nature): AREA VARIANCE REASONS: RECEIVED SEP 9 20t (1) An undesirable change will not be produced in the CHARACTER of detriment to nearby properties if granted, because: .~Az~ ~ _ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? (~es, or ( )No. ~ Are there Covenants and Restrictions concerning this land: ~}~No. [] Yes {please furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c~nsult your attorney.) $ignatu£e of Appellant or Autbor~ed Ageut . Notary Public VICKI TOTH Notary Public.State of New York No. 01T06190696 Qualified in Suffolk County: ~ Commission Expires July 28, 20~.-, Applicant: APPLICANT'S PROJECT DESCRI]?TION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: S£P 9 2011 ~u~mu OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions). Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured fi.om 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: j; [/)~ ~ ~., -~'~. Proposed increase of building coverage: i r~ t..[ ,qr~ , -ct: i', Square footage of your lot: I0, lSD 0 ~,q(, ~. Percentage of coverage of your tot by building area: ~l~¢te_~rr{ - [~'~ ~ ~/o: V. Purpose of New Construction: ,q~ .~.~Z~ e]~ .n Ad, do ,d oromo~e& 'l(o,q ~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and ~iates to the difficulty in meeting the code requirement(s): / Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premis,~(listed on the real estate market for sale? Yes Vt No Are~ere any proposals to change or alter land contours? V' No Yes please explain on attached sheet. BOARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? .- 3.) Is the p~l~erty bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: . and if issued, please attach copies of permit with condition~ hnd approved survey. D. Is there a depression or sloping elevation near t~e area of proposed construction at or be ow five feet above mean sea level? ~]0 Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /~0 Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? NO yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ~0 If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~A.~t~? .~ff'~e~Ju~/~ ~o~,j~t~, and the proposed, use .5~ _~~" / ' --~ ~ 6Ld'~-J~L~U'.~ ~ ~ ~'~t~' ~-MX ~_~M~ . (ex: existing single family, proposed: same with Authorized signature and Date PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. AP~.~-ICAN T / SPONSOR~ 3.PROJECT LOCATION: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only { To be completed by A~ ~licant or Project Sponsor) 2. PROJECT NAME SEQR RECE,~VED S£P 9 2011 4.~:~omEC~SE LOC^'nON:~j//~.//~_~,t A~d,s_~r.. ~'~ Ro~d ~nt~e~o,~. ~r~i,or, ~dmaa~ stc -or Dr=,~ E'~)ARD OF APPEAL ~.,s PRopOSE° ^CT,ON: 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ND AFFECTED: 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTtONS? [] Yes [~No ff no; describe briefly: · .~._~'9, W IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooseasmanyasepply.} E~ Other (describe) 10. DOES ACTI INVOLVE A PERMIT APPROVAL, OR AGENCY (~ State Or Local) FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL I-"lYes L~No If yes. list agency name end permit / approval: 11. DOES ~t I~or ANY PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? If yes, list agency name and permit I approval: ~e$ ~J! . AS A RE LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICA'I3ON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl / Sponsor Name If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment PART II - IMPACT ASSESSMENT {To be completed b)/,~.ead AgencY~ A. JDOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR, P.~T-~..4.~''~ If yes. coordJnato the review process and use the FULL FAF. r--lyes r--lNo S. WILL ACTION RECEIVE COOR~NATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 5 NYCRR. PANT 617.67 ~f NO, a negative declaration may be supe~d~ed by another involved agenoy. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if Cl..~.~ .a. lr qual'.~, su?a? or gtoundwator qu~ or quantity, no~ae levele, exleitng Iref6c ~attem, solid waste pnxluc~oa or disposal. F ~tor ema#:)n, draa3aga (x Itooding ~ems? Ex~lale bzleity c2. Aa.. ,..~. agdcoltural, arctmeotoglcal, hletmfc, or other na[ural er cuituml resources; or community or neighborhood charactm? Explain bde~; I ....... . . ........ C4. A oommunlly', ex s~g p/aris or cs. o ro~,~h, subsequent development, or ;;ia~l acli~l,,es ~';iy to b. Ind ~.,~1 by the pr~ a~,o~'~ F~x ~laln b~: .... , C7. Other ;.,~a~i~ (Incledinc~ changes in ~'~f eifher quantity 0~i~e-;iene' ~< ain briell D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASMSHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes. explain bdefl¥: PART III * O~:J~:eut~llTlON OF SIGNIFICANCE (To be ~omp~ by Agency) INSTRUCTIONS: For eacJ1 adverse effect identified a bare. determine whether it is substantial, large, important er otherwise significant. Each effect should be assesse~ IH connection with [ts (a) setting (i.e. urban or rural); (b) probability of occurring; (c) Uorallon: Id) llTeversibility: (e) '""" '~' '~..o,~*m ~uv~. ~ impac~ nave peen luentir~ed a ~ ~u~y a~a~. If quesllo~ d of part ii Was C~lecked yes. the ~etermination of significance must evaluate the potential impact ofthe ~,~oposed ac/ion on {he env~nmen~l characmrlsif~s of the CEA ~_A Fl~e nt c~So rb~:fp aYO~m ah ep~] ~en ~d~ ~eor ~ t e~ mom DotenUa,ly large or s~gnitlcant adverse ,mpects which MAY occur. Then proceed di~ectt)- to the FULl Name oi' Lead Agency Date Pdnt or TYPe Name of Responsible Or/Icer ~ Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency '"' Signature of Preparer (if different from responsible o~cer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and239-n of the GeneralMunicipalLaw. 1) Name of Applicant: gt2.f'~Lft~_ ]'-' ~-~rr~[ ( 2) Address ofApplicant: ,o2~o'~O ~o~lJ~.'¥'~e ~)r.; ~70.~t ~Q'lO.J'l'O~, 1Q~/ lib ~t~ 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: w°tO~T' d)O tOdO ! 6) Location of Property (road and tax map number): ,5'~,~1 Om. 7) Is the parcel within an agricultural district? ~'No I~lyes If yes, A -icultural District Number :iab- q '1 ~, ~;~q - 7 ~8}_Is ~is parcel actively farmed? F1No 25'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 1. Oki- 3. 1 ~ ' (Please u.se back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at · 765-1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicant Date Note: 1. The Iocat board will solicit comments from the owners of ]and identified above in order to consider the effect of the proposed acti6~ 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 considaration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay a~ such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED~ .~ S£P 9 20~ BOARD OF APPEALS The Town of Southold's Code of Ethice orol~bits conflicts of interest on the t)art of town officers and emolovees. The oumose of this form Is to I)rovlde mformat~on which can alert the town of onssthle conflicts oflaterest and allow it to take whatever action (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee o£the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town Officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more ~han 5% of thc shares. YES NO If you answered "YES". complete the balance af this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Descrthe the relationship between yourself (the applicanffagentlrepresentativ¢ and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided The town officer or employee or his other spouse, sibling, parent, or child is (check alt that apply): __Al the owner of greater than 5% of the shares oftbe corporate stock oftbe applicant (when the applicant is a corporation); B) the legal or beneficial owner o£any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, dir~tor, partner, or employee of the applicant; or __D) the actual applicant DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this _¢ day of ~x~a~/- 20~ / Signature gT'~~-~. ~ PrintName ~--~,~/,::L /,. Town of Southold ~ RECEIVED, LWRP CONSISTENCY ASSESSMENT FORM SEP 9 ZOII Ao INSTRUCTIONS BOARD OF APPEALS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits' and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the I:WRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? ye~ss ~] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] {Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Suuthold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes(~ No [~ (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable location~ See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) Atiach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Aaach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain Aaach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [] Not Applicable - please explain Barbara & Dennis Terrel~ 2630 Gillette Drive East Marion, NY Deck will be from the left corner of the house to the front stoop when fook[ng at the house from this angle, BOARD OF APPEALS 263© Gillette D~ive East ~a¢ion~ HY ~xistifl~ Res~ Dec~ (Please see two enctosed Title Searches Beth Title Searches specifically mention the ~ear deck. One Tide Search is ~Ju~chased the home fFem m~ stepfathe~ Our assumption aH a~e~8 has been that the~'e was a Ce~ficate of Occupancy for the deck or the sa~es wouM not have aoae th~ouah without a CO beina required,} Barbara & Dennis Terrel] 2630 Gillette Drive East Madon, NY Front Porch of house immediately north of our propem/ on Gillette Dr. Rear deck of house immediately eo~th of our property on Gillette Dr. BOA :;D OF APPEALS NO, 4 TOWN OF SOUTHOI~D BUILDING DEPARTMENT Town Clerk's Office: Southold, N. Y. Certificete Of Occupancy No..Z60[).~ ..... Date ..... , ........ ff..$1~ .... ! 7. .... , 19.7..~., THIS CERTIFIES that the building located at.6x3~1~t~,' ~ ' ' ~'iv~.. . ........ Street Map No. ~4a~io~l..~.~a~.:d~toek No ........... Lot No. .8 . .~as.t J!tar. i~...N.,~., ..... conforms substantially to the Application for Building P~rmit heretofore filed in this office dated ............. i, har.. 29, 19. ~.~. pursuant to which Building Permit No. ?~.~. dated ........... ~i~r.. 3:1 .... , 19..7.~, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occuPancy for which this certificate is issued is . ).~lva:~.a. O~e..2(~aJ,:~. ~['.t~]J-M~'~ ........ . ........................ The certificate is issued to .. ~(,~ .,~..,,,.,~. RQber.t..4e~.~,~ ... ()~,a~$ .................. (o~vner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE No~..1.6~.97~ ....... i./[~ne..28...~.97~.~ ............. HOUSE NUMBER .... 2630 ..... Street . .Gi] 2[eJ:~:e. ~. ........................... ..........') ........ TO~ OF SOUTuOLD BUILDING DEPARTMENT TO~ HALL SOI~fHOLD~ NY ll~l TEL: (631) 76~180~ FAX: (631) Examined ,20 BUILDING PERMIT ~LICATION CHECKLIST Do you ~ m- me~ ~1~ f~lowing. ~ ~? Bored of H~d~h 4 se~ of Building lrmm PERMIT NO. Cl~ck S~6c Form Tms2~ Flood Pe~nit Stom~Wate~ Assessmem From Stat~wh~d~rapp~ic~mti~wn~r~e~ag~n~1~ct~ngine~.~genera~c~n~ra~t~e~cctridan~p~um~r~q~ ~j~/ [ I -~ (Name and title of co,porto officer) Builders Lic~lse No. Piumb~a Li~mze No. Elec~icim~s Lh:~nse No. O~cr TradeYs Li~ns~ No. Hm~e Number Stre~ Hamlet Subdivision Filed Map No. Lot 3. Natu~ of work (ciae~ which appticabl~): New Building Repair Removal Demolifion~ 5. If ~li~ ~ of ~ll~g ~ ff~,~~ Other Work Alteration (ms.pOOh) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensionsofexistingsm~ures, ifany:From .~ q Rear Depth ~6-- _Height I~' Number of Stales Rear 16. Provide survey, to scale., with accurate foundafio~ plan and distances to propo~ lines. 17. If elevation at any point on pro{x~y is at I 0 feet of below, must provide topog~ ,~"~ o~ su~. * IF YES, PROVIDE A COP/. STATE OF NEW YORK) COUNTY OF~L: CONNIE D. BUNCH Notary Publlo, ~tate o~ New Yon~ No. o1~o6196o6o Qualified in ~ County Commisslo~l Explre~ A~ 14, 2~--)Ld'-' (Nan~ ofindlv~ _ud si~Mng ~ -0 abo~ named, (S)misth~ Nota~ Pabli~ Signature of Appli~nt TOWN OF SOUTHOLD PROPERTY RECORD CARD O~, i,,.]::::~.,(-~k_ L.~5,L STREET -~..6"~-.~) VIL~GE DI~. SUB. /LOT ~'~RMER OWNER~w~ 'a~0 N E ACR. ~.~ ~ S W ~PE OF BUILDING :ES. ~.~ SEAS. VL FA~ COMM. CB. MISC. Mkt. Value REMARKS N~ NO~AL BELOW ABOVE '~F~' ~; ~ FA~ Acre Vatue Per [ Value ( ~/)~1~9~ ~ · ~e 'illa~ ] 'illa~ 2 illable 3 /oodland ~pland FRONTAGE ON WATER rushland FRONTAGE ON ROAD ouse Plot DEPTH / BULKH~D )tal D~K COLOR ~A. Bldg. ~xtension :xtension Extension 3reezewoy >aria ).B. Fatal Basem. ent IExt. Walls :ire Place )riveway / Roof Room Bath / ~ Dinette Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor /~- ~ DR. BR. FIN. B. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 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 September 14, 2011 Zoning Appeal No. 6513 Transmitted herewith is Zoning Appeals No. 6513 for Barbara L. Terrell the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Pages of Photos, Certificate of Occupancy No. Z6005 for Private One Family Dwelling, Copy of Application for Building Permit with Disapproval Dated August 2, 2011, Copy of Notice of Disapproval from Building Department Dated August 2, 2011, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated November 5, 1982 Prepared by Roderick Van Tuyl, PC, One Page of Site Plan Showing Elevations, Existing & Proposed Construction Dated August 22, 2011 Prepared by Robert I. Brown. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/13/11 * * * RECEIPT * * * Receipt~: 114323 Transaction(s): 1 1 Application Fees Reference Subtotal 6513 $1,000.00 Check~: 1099 Total Paid: $1,000.00 Name: Terrell, Barbara 132 N. Jefferson Ave Lindenhurst, NY 11757 Clerk ID: CAROLH Internal ID: 6513 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.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 1179, Southold, New York 11971-0959, on THURSDAY~ NOVEMBER 3~ 2011: 11:30 AM - BARBARA TERRELL #6513 - Request for Variance from Article XXlll Code Section 280-124 and the Building Inspector's August 2, 201t Notice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addition to existing single family dwelling at; 1) less than the code required 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#I000-38-2-27 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town.Southold.ny.us. Dated: 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 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net "- 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearing, 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 applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before November '1,2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTMParcel# 1000- ~ -5x~._c~7 COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes ~d says that: On the / 7¢~ay of ~ , 201 [, I personally mailed at the United S~tes Post Office in ~ , New York, by CERTIFIED ~IL, ~TU~ ~CEIPT ~E~UESTED, a ~e copy of the attached Leg~ Notice in Prepaid envelopes addressed to cu=ent prope~y owners ~om on the current ~sessment roll verified from the official records on file with the ~ Assessors, or ( ) County Real Prope~y Office for every prope~y which abuts ~d is across a public or private street, or vehicul~ right-of-way of record, su~ounding the applicant's prope~y. (Signature) Sworn tO before me this ["/ dayof 0 C-'/'- ,20// (Notary Public) VICK1101'~ Notary Public, State of New York No. 01106190696 Qualified in Suffolk County Commissinn F~O res lib' 98 2[ [ ~ 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. I'1'1 $ $0.44 Return I $2.30 Restdcted (Endorsement r Total Postage & Fee! r~ orPo~oxNo. ~ ~'00 10/17/2011 Certified Fee ~,.~ V~al Postage & Fees $ S5.59 10/17/~11 [~(~.~.~.....~.~.~08t?~t:~):~37 ....................................................................... ~1 I/~ 0~' Li-I Postage Cerldied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Requi~ed) $2.30 ~0.00 S5.§9 0971 Postmark Here 10/17/2011 Street, Apt. ~lb?"~ ................................................. (wlv to -Va- Lt'3 Postage Certified Fee (Endorsement Required) Rest ricled Delivery Fee (Endorsement Required) I~1 Total Postage & Fees $2.85 16 Postmark $ t5.59 10/17/2011 oki- be, u' v[ s~F~Ft:~aT;-~' .............-'; ---'7,( - :~ -'-"';,--"D: ....................... City, State, ZlP~ .................................................................. Ltl $ $0.~ 0971 ~.85 76 Postmark $2.30 ~ $ $5.59 10/17/2011 Postage Certified Fee Return Rece p Fee (Endorsement Required) Restricted De very Fee (Endorsement Required) Total Postage & Fees $ $0.4~ 0971 ~2.85 % S2.30 Hero $ $5.59 10/17/2011 · Complate items end & Also complete Item 4 ff Reatdcted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you, · Attach this card to the back of the mailpisca, or on the front if space permits, ~ 1. Article Addressed PS Form 3811, February 2004 from Item 17 If YES, enter delivery addn~s below: [] No Reg~d [] Retum Receipt for Mercher~llse [] Insured Mall [] C.O.D. 4. Restric~ted Delivery? ~ Fe~) [] yes 7010 1060 0001 1567 7260 Domestic Return Receipt 10~S95-O2-M-~ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space i~ermits. 1. Article Addressed to: B. Recelved by ( Prlnt~d Neme)f Lo. D. Isdelive~addressdiffere~fmm item 17 [] Yes if YES, enter deliv~y address below: [] No [] Registered [] Return Receipt for Memhandise [] Insured Mall [] C.O.D. 4. Restricted Dollve~? (Extra Fee) [] Yes 2. Article Number Cr, ar~s~v~ceta~) '7~Pi 7010 t060 0001 1567 7239 ~ PS Fo~ 3811, Febm~ 20~ ~mestic R~m R~i~ 1~5~2-M-1~ · Complete Items 1, 2, and 3. Also complete item 4 ff Restd~ed Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of tt or on the front if space permits, 2. Article Number [] F_lq3maa Mall [] Return Recalpt for Merchandise [] C.O.D. 4. Re~flcted Deliver? (E~-e Fee) OYes 7010 1060_ 0001 1567 7246 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-IS40 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCm Parcel #1000- ~ ~ c~ - COUNTY OF SUFFOLK) STATEOFN W¥O ) , New York, being duly sworn, depose and say that: Onthe i7 ~cdayof L~fl.~v'.~ft.~.~.. ,2011 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior, to the date of the subject hearing date, which hearing date was shown to be // / / (Signature) Sworn to before me this 17 Dayof 0 q_J"'~ ,201( (Notary Public) VICKI TOTH Notary Public.State of New York No, 0]TO6[90696 0ualified in Suffolk Count~ t Comm ss o,' ExO res ulv 78 20 [ * near the entrance or driveway en~trance of my property, as the area most visible to passerby. · Complete Items , and $. Also complete Item 4 if Restflcted 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 mailplece, or on the front if space permits. ' 1. Artich~ Addressed to: B. Received t []Agent ! D. Is delivery eddrees difl~am~t from Item 1 ? Yes ~f YES, enter dailvety address below: [] No MeJl [] E~e~a Ma~l [] Registered [] Retam Receipt for Memhandise [] Insured Mail [] C.O.D. 4. R~t~ot~d D~k,a~ ~a F~) []Yes 2. Article Number ~r~=t~r~ns,~-,4~tat~ rTt: 7010 1060 0001 1567 7277 PS Form 3811, February 2004 Domestic Return Receipt ' ~ · Complete Items 1,2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · Pdnt your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the maJlpiece, or on the front if space permits. 2. Article Number [] Agent [] Addressee ' Printed Name) C. Date of Delivery PS Form 3811, February 2004 D. Is ddlivery addmss different from itern l? [] Yes If YES, enter delivery address below: [] No r~ Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4, Restr~ted Delivery? (E~ra Fee) [] Yes 7010 1060 0001 1567 7284 Domestic Return Receipt · 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 ratam the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. ~ · [] Agent [] Addressee C. Date of DelNery .. I0¢ -Ii D. Is deliver/address different flora Item 1 ? [] Yes rf YES, enter delivery address below: [] No ~C~ Mall I-~ Expm~ Mall · [~Reglstered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~a Fee) [] Yes 2. Article Number cr~t~tmm~t~,t~O ~7~ 7010 1060 0001 1567 7253 ~ ! PS Form 3811, February 2004 _ Domestic Return Receipt 10~595-02q~-1:540 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TERRELL, BARBARA #6513 MAP # 38.-2-27 VARIANCE SETBACKS REQUEST PORCH ADDITION & "AS BUILT" DECK DATE: THURS, NOV. 3, 2011 11:30 AM ZONING BOARD-TOWN OF SOUTHOLD 765-1809 If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. #10423 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Prindipal 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 20th day of October, 2011. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, par sunni to Section 267 of theTown 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY NO- VEMBER 3. 2011: 10:0O AM - ,IOAN BERGLUND ~r~47~ - Applicant requests a Special Exception under Article 11I, Section 280-13B(13).Tbe Applicant is the owner I 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. 10:15 AM - .lOAN BERGLUND ~651~ - Request for Variance from Ar- ticle III, Code Section 280-I3C and 280- 15, based on an application for bugding 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 Main Road) Orient, NY. SCTM#100~-18-3-14 10.45 AM - DAVID MOORE g6515 - Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. IH 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 existing single family 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 Smmdview me this 11:15 AM - KENNE~T-H HEIghT #6516- Requesi for Variances from Cod9 Article XXII Secti_on 280-116 and Article XXIll Section 280-124 and the Building 1 nspector's September 21,2011 Notice of Disapproval based on an application fm building permit for demolition and con- struction 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 Peconic Bay) Laurel, NY. 11'.30 AM - BARBARA TERRELL ~6513 - Request for Variance from Arti- cle XXIII 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 r~quired 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), Cutchngue, NY. SCTM#1000- Il0 7-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Oc tober 6,2011 1:00 P.M. - TAUBIN FAMILY TRUSI fORRI g6509 Avenue (adj to Long l~nd S~o~uod) 1 week(s), successively, commencing on the day Principal Clerk 1:30 PM - MARTIN KOSMYNKA CKOS. LLCI g6814 - 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- lng permit application to construct a car- port at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximum lot coverage of 30%, located at: 50 Commerce Drive Cutchngue, NY. · 1:50 PM - PATRICK TREANOR ~ - Request for Variance from Article III Section 280-14 and the Building In- spector's April 21, 2011 updated Septem- per 7, 2011 Notice of Disapproval based on an application f? 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. SCFM#100Cq 4-2-3.20 2:1~ P.M. - CATHRIN STICKNEY #6517 - Request for Variance from Ak ricle III, Code Section 280-15, and the Building Inspector's August 2, 201t, re- vised October 3, 2011 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 20,000~0,000 sq. ft., located at: 1050 North Hyatt Road Southold, NY. SCTMgl000-50-1-13.1 The Board of Appeals will hear ali 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. Hies 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 eraail: 53095 Main Road (Mailing/USPS) BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 13, 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 #6513 Action Requested: Within 500 feet of: Owner/Applicant: Terrell Additions and "as built" deck; setbacks ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State,. Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 November 18, 2011 Barbara Terrell 132 North Jefferson Avenue Lindenhurst, NY 11757 RE: ZBA Application #6513 Dear Ms. Terrell: 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 application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sin/_cerely, Vicki Toth Encl. Cc: Building Dept. *0 Re~l Propemy tax ~rvK~ UNE P.D. 65 SEE SEC. NO 037