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HomeMy WebLinkAbout6528 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809o Fax (631) 765-9064 MEETING OF JANUARY 19, 2012 $OUthOl' d Teawn Clerk-- ZBA FILE: 6528 NAME OF APPLICANT: Melanie M., Marianne, Michael Selwyn, as tenants in common and Jane Golden PROPERTY LOCATION: 200 and I50 Three Water Lane, Orient, NY SCTM#1000-15-6-28 & 29 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: 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 28 is vacant and contains 12,803 sq. ft. It has I00.00 feet along Three Waters Lane., 127.42 feet along the north property line, 100.00 feet along the east property line and 128.64 feet along the south property line. Subject parcel 29 contains 12,924 sq. ft. it is improved with a two- story dwelling. It has 100.00 feet along Three Waters Lane, 128.64 feet along the north property line, 100.01 feet along the east property line and 129.85 along the south property line as shown on the survey dated November 17, 2011, revision dated November 21,2011 (revisions), prepared by Peconic Surveyors and John T. Metzger, L.S. BASIS OF APPLICATION: Request for Variance under Article IV Section 280-18 and the Building Inspector's May 24, 2011, updated November 22, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: Proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. fi., 2) less than the code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet. RELIEF REQUESTED: The applicant proposes to subdivide the two parcels located in a R-40 zone. Proposed Parcel 1 (Lot 28) contains 12,803 sq. ft. where the code requires 40,000 sq. ft., lot width of 100.00 where the code requires 150 linear feet and lot depth of 128.64 feet where the code requires 175 linear feet. Proposed Parcel 2 (Lot 29) contains 12,924 sq. fi. where the code requires 40,000 sq. ft., lot width of 100.00 where the code requires 150 linear feet and lot depth of 129.85 feet where the code requires 175 linear feet. ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board. In a Memo dated January 4, 2012, the Planning Board stated that it has no objection to the variances requested. Page 2 of 3 - Jarluary 19, 2012 ZBA File#6528 - Selwyn/Golden CTM: 1000-15-6-28 & 29 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(l). Grant of the variance(s) will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Subject parcels are shown on an approved subdivision map, entitled "Orient-By-the-Sea, Section One" dated I957 as lots 6 and 7. They have continuously existed in the same configuration as originally created and are of similar size to many parcels in this neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The parcels where purchased in 1961 by the same owners. In 1983, due to a code change, the parcels were considered merged, unbeknownst to the owners. In I993, Parcel 29 was sold to an unrelated person. In 2000, Parcel 28 was also sold and the new property owners applied for a building permit, which was when the merger was discovered. According to Sonthold Town Merger code, once a merged property is transferred to an unrelated person, it is not eligible for a waiver of merger. Therefore the only method feasible for the applicants to pursue is a subdivision of the merged parcels to reflect their original property lines. 3. Town Law §267-b(3)(b)(3). The variance(s) granted herein are mathematically substantial, representing 68% relief from the code for lot area, 33% relief from the code for lot width and 26% relief from the code for lot depth. However, the substantiality is mitigated by the subject lots pre-existing on an approved sub-division map, many of the lots are of similar size and area, and all but two lots in this neighborhood are improved. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subdivision is virtually built out and one additional dwelling will not appreciably increase the density of the neighborhood. Moreover, the property owner will have to maintain on site drainage per Town code. 5. Town Law §267-b{3)(b)(5). The difficulty has not been self-created. The applicant's were unaware that the lots became merged during the previous owner's ownership. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of creating a two-lot subdivision 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT~ the variances as applied for, and shown on the survey dated November 17, 2011, revision dated November 21,2011 (revisions), prepared by Peconic Surveyors and John T. Metzger, L.S. Any deviation from the survey, site plan and/or amhitectural 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 oflhe subject Page 3 of 3 - January 19, 2012 ZBA Fi1¢#6528 - Selwyn/Goldcn CTM: 1000-15-6-28 & 29 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board; Ayes: Members lVeisman (Chairpersonj, Goehringer, Schneider, Dinizio, Homing. This Resolution was duly adopted (5-0). Leslie~r~ ~'~I~ ma~ne!Weis 'rhan' Ch:irperson Approved forfiling / /~90 /2012 ;INAL MAP REVIEWED BY ZBA ~EE DECISION # ~ DATED Ot I/ $. 88'57'40, E. LOT 127.42' LOT SCTM# 1000-15-06-28 AREA -- 12t805 sq, fl, N. 88°57'~t0' W. 128. 6~t' S. 88'57'40; ~.' ............ i C~ £ $TY. \/ U~ FR. HOUSE LOT SCTM# 1000-15~06-29 AREA N. 8B'57'40" W. 129.85' LOT (~ MAP OF PROPERTIES AT ORIENT POINT TO WN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 15 - 06 - 28 & 29 Sca/e: 1" = 30' Nov. 17, 2011 NOV. ZI, BOIl (REVISION] LOT NUMBERS ARE REFERENCED TO "MAP OF ORIENT BY THE SEA" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK · ON NOVEMBER 21, 1957 AS MAI= NO. 2777 PECONIC (631) 765 - 765 - 1797 ?.0. BOX 909 12JO TRAVELER STREET SOUTNOLDt N.Y. 1197! 09-/ ~3 Pat Moore for M Selwyn 51020 Main Road Southold, NY 11971 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RECEIVED NOV 2 8 S011 BOARD OF APPEALS DATE: May 24, 2011 Updated: November 22, 2011 Please take notice that your application dated April 21,2011 For permit for a subdivision at Location of property 200 Three Waters Lane, Orient, NY County Tax Map No. 1000 - Section 15 Block~6 Lot 28 & 29(merged) Is returned herewith and disapproved on the following grounds: The proposed subdivision in the R40 Zone is not permitted pursuant to Article IV Section 280-1 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density R40 District unless the same conforms to the requirements of the Bulk Schedule and Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Minimum lot size required in the R40 District, according to the bulk schedule is 40,000 sq.ft. Following the proposed subdivision, each lot will be nonconforming; lot #1 measuring 12,803 sq. ft. and lot #2 measuring 12,924 sq. ft. In the R40 Zone, the required lot width is 150 linear ft. The proposed lot width of lot #1 is 100' and lot #2 is 100' In the R40 Zone, the required lot depth is 175 linear ft. The proposed lot depth of lot #1 is 128.64' and lot #2 is 129.85 t Authorized Signature Based upon survey dated Nov. 21,2011 ~ECEZVED NOV 20 1 ~OARD OF APPEAL~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 200 Street Three Waters Lane Hamlet Orient SCTM 1000 Section 1_~5 BIock_.~_6 Lot(s) 28 Lot Size 12,925 sq.ft. Zone R-40 SCTM 1000 Section 15 Block 6 Lot 29 Lot size 12,803 sq.ft. I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 5/24/11 and updated 11/22/11 BASED ON MAP of Peconic Surveyors, 11/21/11 Applicant(s)/Owner(s): Melanie M. Selwyn~ Marianne Selwyn and Michael Selwyn, as tenants in common (Owner of Lot 28) vacant lot - 200 Three Waters Lane, Orient Jane Golden (owner of Lot 29) House - 150 Three Waters Lane, Orient Mailing Address: c/o Patricia Moore 51020 Main Road, Southold NY 11971 Telephone: c/o Pat Moore 765-4330 Fax #: Email: pcmoore l(~optonline.net 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: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: _pcmoorel~optonline. net Please check to specify who you wish correspondence to be mailed to, from the above names: y Applicant/Owner(s), or X Authorized Representative, or y Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED VanTul¥ 1992 & Corwin 12/23/09 and DENIED AN APPLICATION DATED April 21, 2011 FOR: X Building Permit y Certificate of Occupancy y Pre-Certificate of Occupancy y Change of Use y Permit for As-Built Construction yOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Lot number 6 and 7 on Orient By the Sea Section One. Article IV Section 280-18: area variances to create undersized lot Type of Appeal. An Appeal is made for: X 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, X has not been made at any time with respect to this property, UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Selwyn & Golden (owners) ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The parcels are owned by different families. The properties appear on the subdivision map of Orient-By- The-Sea Section One map and the house was developed conforming to the setbacks for one lot in the subdivision. The parcels have been single and separate since Costa sold the house to Eberhardt and retained the los The area variances which will enable the lots to be re-subdivided will maintain the original lot lines of the two parcels established by the Planning Board when the Orient-By-the-Sea map was filed The property lines remain in tact from their creation to the present time. Approval of the requested variances would recognize a lot consistent with the size of lots in this area. (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: In 2002 Helen Sakatos (Appeal 512,1) received a waiver of merger for identical lots in Orient-By-The Sea, directly across from the subject parcels. However, the waiver of merger law changed and this expedited re-subdivision of merged parcels is not available to the applicants. The waiver which occurred between 1983 and 1993 was not discovered by the building department and the separate parcels were transferred to unrelated people. (3) The amount of relief requested is not substantial because: The parcels have remained in their present size, are separately owned and are separately developed in accordance with the setback regulations applicable to Orient-By-The-Sea map. The house is centrally placed on Tax Lot 29 and the applicant's contract vendee has received HD approval to build a house on Tax Lot 28. Both homes conform to zoning setbacks of the lots in the filed subdivision. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The lot is not on the water and has no environmental restraints. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No applicant's ownership. Are there Covenants and Restrictions concerning this land: ~No. Private C&R's not applicable4ma~ir The merger occurred prior to the Yes {nlease furnish cony). ~ 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 consult your attorney.) Signature of Appellant or Authorized Agent Sworn to~b,efore me this~~i~' (Agent must submit wriUen Authorization from Owner) day~, 20 BE'I'~Y A. PERKINS Notary Public, State of New Yo~ No. 01 PE$1:306:36 Oualified in Suffolk Courdy'-~ II Commission Expires July 18,...i~.,~ AREA VARIANCES ~OARD OF AppEA , APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS (continued) The Zoning Board of Appeals granted a waiver of merger to Helen Sakatos a/k/a Eleni Sakatos (1000-15-7-8 & 12), Appeal #5124 June 20, 2002, two lots located in the Orient-By-The-Sea Subdivision, Lot number 147 and 42. The Sakatos parcel (Lot #42) is identical to and directly across from the Selwyn parcels (Lot 7 and Lot 6) on Three Waters Lane. A copy of the Helen Sakatos decision is herein attached. As with the Selwyn waiver of merger, Mr. And Mrs. Sakatos purchased two contiguous parcels and because of common ownership the parcels merged. Unlike the Selwyn case, the lots remained in the Sakatos title when the merger was discovered and the waiver of merger application was made. In the Selwyn case, the merger occurred with Costa's ownership between 1983 and 1993, prior to the Selwyn family purchasing either property. The parcels were transferred multiple times and presents an even more compelling case for the grant of area variances. If Mrs. Costa, as surviving widow, had learned of the merger at any time she was the common owner, and sought the application to waive merger, given the Board's findings in the Sakatos appeal, such an application would have been granted. In Sakatos decision the Board unanimously found that 4. In considering this application, the Board believes that the "original lot lines" of the two lots was established by agency approvals under filing of the Map of Orient-By-The- Sea. All of the property lines remained intact from their creation to the present. 5. Many lots in the neighborhood are developed with single-family residences on lots similar in size to CTM lots 8 and 12. Grant of a Waiver of Merger would recognize a lot consistent with the size of lots in this area. The Selwyn parcels, as were the Sakatos parcels, are lots appearing on filed map, in a well established subdivision, and not adjacent to environmentally sensitive parcels (i.e. waterfront). In equity, the Town issued a building permit with the setbacks applicable to a separate parcel on a filed map. The vacant lot has received approvals to construct a house from the Health Department. A house is proposed conforming to the zoning regulations. We respectfully request that the variances be granted to permit this property to be developed. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Selwyn Date Prepared: November 22, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: n/a RECEIVED NOV g 8 201I BOARD OF APPEALs II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- n/a Dimensions of new second floor- n/a Dimensions of floor above second levcl:n/a Height (from finished ground to top of ridge):n/a Is basement or lowest floor area being constructed n/a If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: n/a Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): see below detail Proposed increase of building coverage: .sq.ft. Square footage of your lot: Percentage of coverage of your lot by building area: % Area Variances: Proposed subdivision of two existing lots Lot 1:1000-15-6-28 also known as Lot 7 on Map of Orient By The Sea filed 11/21/57 Lot size: 12,803 sq.ft. 100' x 128.64' with a proposed house as shown on survey prepared by Nate Corwin III dated 12/23/2009 and subdivision map by Peconie Surveyors, PC dated November 17, 2011, last revised November 21, 2011 Lot 2:1000-15-6-29 also known as Lot 6 on Map of Orient By The Sea filed 11/21/57 Lot size: 12,924 sq.ft. 100' x 129.85' with an existing house issued C.O. z-24723 on October 28, 1996 and as shown on a survey prepared by VanTuyl 10/26/92 and subdivision map by Peconic Surveyors, PC, dated November 17, 2011, last revised November 21, 2011 V. Purpose of New Construction Requested: re-subdivide merged lots VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _ Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view.7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is h~ subject premises listed on the real estate market for sale? ./x Yes No Are Jchere any proposals to change or alter land contours? X No Yes please explain on attached sheet. ~ECEI'V£D h'O 2 8 2011 ~OARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? K)~ 2.) Are those areas shown on the survey submitted with this application? ~ \ ~ ' 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have '~ou contacted the Office of the Town trustees for its determination of jurisdiction? tx'3'/~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~'~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~,3~ 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? k,J C')' If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. L Do you or any co-owner also own other land adjoining or close to this parcel? ~[k}~ -- If yes, please label the proximity of your lands on your survey. ~-~ ~- ~>~ I..O'1% .Please list present useq~ operations conducted at this parcelx/O~t rn ~c,~ ~ ~'O,,x ~.o- ~,-otxett ~ r~4-h~.r-:~,) andtheproposeduse~u'tY~,~r/~, ,C~'r'rn i& ~r'O~ -~'x~ "~ ~t_C ~ ~ ~r- k. ~..~'"~- ' . (ex: existing sing~amily, proposed: same with garag"~,'pool or other) Aut~ nze~'signature and Date 1~.16.4 (9/~5)--Text 12 PROJECT LC. NUMEER ~ s17.2o SEQR Appendix C J~OARD OFAPPEA[$ Stata Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTEO ACTIONS Only .PART (--PROJECT INFORMATION (TO be completed by Applicant or Project sponsor) 6. DESCRIBE PROJE~ BRIEFLY: 10. DOES ACC'ION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL~? 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAI, JO PERMIT OR AFl'ReVAL? [] Yes ~No If yes, list agency name and permit/approval ,2. ~ ^ nES~L? OF F.O.OSED ^eT,ON ~.L~ ~X~S~.~- FERMIT, A~F.OV^. BECU,nE MO~.~O.? If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER )ART U--ENVIRONMENTAL ASSESSMENT (To De completed by Agency) WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6') It NC. a negatwe caesural,on NlOV 2 8 2~ 8OA~D OF APPEALS D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABMSHMENT OF A CEA? E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVfRONMENTAL IMPACTS? [~ Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency} INSTRUCTIONS: For each adverse effect identified above, determine whether it Ls substantial, large, important or otherwise signilicant. Each effect should be assessed in connection with ifs (al sailing (i.e. urban or rural}; (b) probability of occurring; (c) duration; (d) irrever$ibility; (el geograpRic scope; and (fl magnitude. If neceasa~', add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and acleguately addreasecl. queslion D of Part II was chect(ed yes, the determination and significance must evaluate the potential impact of the proDosed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse irff¢,acts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attactiments as necessary, the reasons supporting this determination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~ECEZVED 'ov ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric£ 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: ,~ ~ (. ~.D -~ ~ 2) Address ofApplicant: CI ~ ~9, t,.Jl~ C~L~fr3_ ,--~ IC~,:~C~ ~'~r~t,~ ~'~[ 3 ) Name of Land Owner (if o~ther than applicant): 4) Address of Land Owner: 5) DescriptionofProposed.Proj,ect:~foGoXct~ ,~,.~-,c~'~,c.~'oB O~ -L~ I%+~ Llt~,~,.X~iv, de 6) Lodaiio~ ~rope~ (road an'd t~x map number):,~ ~- ~ C~ ~l C:~ ~ 7) ls the parcel within an agricultural district?~o UYes lfyes, Agricult~al District Number 8) Is this parcel actively farmed? [~,tXfo I-lyes 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. 3. 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:.~~d~....~,~ ~ of Appeals at 765-1809. ~Signature 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 &the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 ~ECE/VED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) NOV 8 201I BOARD OF APPEALs The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessa~ to avoid same. YOURNAME: Melanie M. Selwvn, Marianne Selw~n and Michael Selwyn (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception Othfr Activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns 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 officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~ECEIVED BOARD OF APPEALS ~ Town of Southold's Code of Ethics orohiblt s conflicts of interes~ on the oar~ of town officers and cmolovees. Tha ouroosc of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to lake whatever action is YOURNAME: Golden, Jane F. (Last name, firs~ name, middle initial, unless you are applying in the name of someone else or other enti~, such as a company. If so. indicate the other NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variaac~ ~ Trustee Change of Zone Coasto~ Erosion Approval of plat Mooring Exemption from plat or official map Planning X Other ([f"Othe~", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of $outhold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, in¢leding a partne~hlp, in which the town officer or employee has even a p~rtlal ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X if you ansv~red "YES", complete the balance of Ihls form and date and sign where indicted. Name of person employed by the Town of Soathold Title or position &that person l)cscribe the relationship bo~cen yourself (the applicant/agentl~presentetlve) and the town officer or employe~, tlitber check the appropriate line A) through D) nod/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of gre~ter than 5% of the shares of the eoq~orate stock of the applicant (when the applicant is a corporation): __B) thc leg, a! or beneficial owner nfany interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, dtteetor, parmer, or employee of the applicant: or D)tbe actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this I t~daY of ~ 2011 Signature . ~ .M~vJ~ ./~'~/L{~ PrntName Jane ~ t~n!de-n ~'~~''~-¢'~ s' ! t~ Submitted day o f/'~P~ Signature. ~--~-~. Print N'all~.' ~ ff~'r--~. RECEIVED NOV ~ 8 ~011 8OARD OF APPEALS At Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 'OV 8 201I 80ARD OF APPEAL~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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.no]thfork.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# area variances: reestablish lot merged between 1983-1993 1000-15-6-28 & 1000-15-6-29 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals F1 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: [] Type: __ Town of Southold LWRP Consistency Assessment Form 1 sq.ft.) Nature and extent of action: area variances Location of action: Three Waters Lane, Orient ~'OV 2 8 201~ ~OARD OF APPEALS Site acreage: Lot on Tax Lot 28 (12,925 sq.ft.) from House on Tax Lot 29 (12,925 Present land use: vacant residential and house on separate parcel- merger occurred between 1983 and 1993, presently owned by separate individuals - area variances Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant:_(1000-15-6-29)House- Jane Gordon and (1000-15-6-28) Lot- Melanie M. Selwvn, Marianne Selwyn and Michael Selwyn, as tenants in common (b) Mailing address: c/o Pat 51020 Main Road, Southold NY 11971 (c) Telephone number: c/o Pat Moore 765-4330__ (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ili - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Orient-By-The-Sea, Section One. Original owners (Costas) who purchased from the developers in 1961 owned two parcels. The parcels were sold to different owners at different times. House built in 1993 by owner Eberhardt and presently owned by Jane Gordon. Vacant lot is owned by Melanie M. Selwyn, Marianne Selwyn and Michael Selwyn, as tenants in common. The period of common ownership occurred by original owners (Costas) between 1983 and 1993). Area variances and re-subdivision required Town of Southold LWRP Consistency Assessment Form 2 RECEWED NOV ~, BOARD OF APPEAL~ Policy 2. Protect and preserve historic and archaeological resources of the Town Of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate); no change- property lines are not discernable NATURAL COAST POLICIES Policy4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no flooding experienced Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate)-' Health Department approved subdivision Policy 6. Protect and restore the quality and function of the Town of Southold ecoaystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section II1 - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate) Not adjacent to waterfront Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section Ill - Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no air quality issues Town of Southold LWRP Consistency Assessment Form 3 ~ECEI'VED Policy 8. Minimize environmental degradation in Town of Southold from solic~vg~{~ It~dAppF. ALS ~ hazardous substances and wastes. See L WRP Section II1 -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing lots with separate tax lot numbers and believed by the Town (for zoning density calculations) and owners to be separate parcels. Application to re-subdivide parcels which merged during a period of common ownership 0983 to 1993) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriatc): not waterfront parcels WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not waterfront parcel Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (ifappropriatc): dry parcel Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section II! - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): not in agricultural use Town of Soulhold LWRP Consistency Assessment Form 4 ~;cI;~VED Policy 13. Promote appropriate use and development of energy and mineral resources. ~ee LWRP Section II1 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate)-' lots predate zoning, Subdivision approved in 1957 *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 AUTHORIZATION BOARD OF AppEAI.~ To: Southold Town Zoning Board Southold Town Building Department Any and Ail State, County, Local agencies, as necessary Re: Waiver of Merger SCTM #1000-15-6-28 and 29 The undersigned hereby authorizes my attorney, Patricia C. Moore, to submit any and all applications which may be required in order to obtain a waiver of merger~on the above referenced parcels. ?,~/~/~o~c~ ~W f,-~,~,~ . AUTHORIZATION i 'ov 2 8 To: Southold Town Zoning Board Southold Town Building Department Any and Ail State, County, Local agencies, as necessary Re: Waiver of Merger SCTM #1000-15-6-28 and 29 The undersigned hereby authorizes my attorney, Patricia C. Moore, to submit any and all applications which may be required in order to obtain a waiver of merger~on the above referenced parcels. Michael Selwyn .AHT~gH~'fZATit~N To: Southold Town Zoning Board ~OARDoF'4P~£AI.~ Southold Town Building Department Any and All State, County, Local agencies, as necessary Re: Waiver of Merger S. CTM #1000-15-6-28 and 29 The undersigned hereby authorizes my attorney, Patri¢ia C. Moore, to submit any and all applications which may be required in order to obtain a waiver of ~erger~on the above referenced parcels. anie ~ Jane F. Golden 140 Claremont Avenue New York, N.Y. 10027 hzOF 2 8 2011 ~O*4RD OF AppEALS September 30, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Dear Ms. Moore: I, Jane F. Golden, hereby authorize you to make application to, and appear on my behalf, regarding my property located at 150 Three Waters Lane, Orient, N.Y. 11957 (SCTM# 1000-15-6-29) solely before: 1) the Southold Town Zoning Board of Appeals, in order to secure approval of a variance application with respect to separating my property from the adjoining property owned by Selwyn at 200 Three Waters Lane, Oriem, N.Y. (SCTM# 1000-15-6-28) (Selwyn Property), for insufficient lot area, insufficient lot width, and insufficient lot depth. 2) the Southold Town Planning Board, for a subdivision of my property from the Selwyn Property. No covenants, conditions or restrictions may be imposed upon my property without my specific written consent. J~e F. Golden APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Lydia A..Tortom George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.nordafork.not BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5124 - Helf~n Sakatos a/k/a Eleni Sakatos 15.-7-8, 12 STREET & LOCALITY: Plum Island Lane and Three Waters Lane, Orient DATE OF PUBLIC HEARING: June 20, 2002 RECEDED NOV 2 8 2Off BOARD OF APPEALS PROPERTY FACTS/DESCRIPTION: The vacant property (15-7-8) that applicant wishes to unmerge consfsts of 19,502 'sq. ff. and 118 ff. of frontage along Plum Island Lane, and shown as Lot 147 on the Map of Odent by ate Sea, Section Two. The adjacent property that remains I15-7-1'2) is 12,500+- SCl. ff., improved with a dwelling, to'the :east along Three Waters Lane, and shown as Lot 42 on the Map of Orient by the Sea. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated January 2, 2002 The reason for the Disapproval is that there the two lots have merged under Section 100-25 of the Zoning Code. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26 to unmerge Lot No. 15-7-8 (Odent By the Sea Lot 147) from 15-7-12 (Odent By the Sea Lot 42). Findings of Fact The Zoning Board of Appeals held a public hearing on this matter on June 20, 2002, at Which timewdtten and oral evidence were presented. REASONS FOR BOARD ACTION: Based on all testimony, documentation, personal observations by members .of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant. 1. The title search, prepared by Fidelity National Title Insurance Co. indicates that John Sakatos acquired CTM Lots 8 and 12 on May 25, 1979. 2. Lots on the Map of Orient by the Sea remained acceptable under the merger provisions up until January 1, 1997, when the merger law was revised under Article II of the Zoning Code. 3. On January 0, 2001, John Sakatos conveyed both Parcels to Helen Sakatos a/k/a Eleni Sakatos. 4. In considering this application, the Board believes that the "original lot lines" of these two lots was established by agency approvals under the filing of the Map of Odent By the Sea. All of the property lines remained intact from their creation to the present time. 5. Many lots in the neighbonhood are developed with single-family residences on lots similar in size to CTM Lots 8 and 12. Grant of a Waiver of Merger would recognize a lot consistent with the size of lots in this area. Page 2~- June 20, 2002 ZBA Appl. No. 5!24 - Helen Sakatos 15-7-8; 12 at Odent RECEZVED BOARD OF AppEALS RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Member Oliva, seconded by Member Tortora, it was RESOLVED, to GRANT the Waiver of Merger as applied for. Vote of the Board~ Ayes: Members Goehdnger (Cha rman), H. omln~;Tortora, ' I, Oliva, and Odando. This ReSolution was duly adopted (5-0). ~F~/~__~ Gerard p. Goehringer, Chairman 7-/~-02 NOV 2 8 EOil ;3OARD OF APPEAL~ Applicant's Reason ~ 1: The applicant currently owns tax lots 1000-15-7-8 and 1000- 15-7-12. Both of these lots are lots on a filed subdivision map known as ~Map of Orient-By-The-Sea" Sections Two and One respectively. The applicant's husband John Sakatos a/k/a Janetos Sakatos took title to the lots through a single deed on May 25, 1979. Both lots were transferred from Mr. Sakatos to his wife ~n July 6, 2001 for Medicaid planning purposes. The applicant and her husband have always received separate tax bills for these two lots. The applicant currently has a residence on lot 12 and lot 8 is vacant. The size of the individual lots is consistent with others in the neighborhood which have homes on them, and lot 8 is in-fact larger than many of these lots, including lot 12. Applicant's Reason # 2: The applicant/owner, Helen Sakatos a/k/a Eleni Sakatos is presently under contract to sell lot $ 1000-15-7-8. AccOrdingly, not granting the waiver of merger would have a significant economic impact on the applicant. Furthermore, the granting of the waiver would not have a significant impact on the character or density of the neighborhood. The natural details and character of the contours and slopes of the ~lot will not be significantly changed or altered in any manner, as this is a flat piece of land. There will not be a substantial filling of land affecting nearby environmental or flood area. DSCI~RATIOH OF CO%~Al~l'~ AND i~Eb~RICTIO~S made ~ do~st~ oorpor~t~on ~vLng ~to offLoe ~t (~ n~r). W~8 t~ ~cl~r~nt Is ~w t~ o~ner in f~ 0f all lots on s ~ert~tn ~P eot~tled "~P of OrLont-b~-t~' sea, ~ct~on 1, oi~te at ~ent ~nt, ~wn of ~ut~ld, Hew york, by Otto u. van ~Y~ & ~n, in the office of t~ clerk of Suffolk county on November Olst, 195~ under file n~r ~77e A.B.S* No. 2997~ ~nd W~S t~ Declarant intends to ~velOp the ~d p~ml~S as s planned co--unity c~prisin~ sidle d%tlc~d d~llinKs of ~ general Cod ~nd MnS Ioltnd F~rmstead architectural character ~nd ~S the Declarant intends to grant and ~nve~ W~S t~ DeClarant ~s desirous of' oubJect~ w~lo ~f hid p~i~s and over~ ~rt~n thereo~. ~ cer~in conservlM ~operty v~lues and prating the seneral of residents of t~ ares,. HO~0 ~O~; t~ D6~sn-t declares t~he hereby ts held and o~11 be conveyed subject to the a~oes~t~t t~ premises ~ ~d s~Jl be held subject FIR&T - Ho bnlldtng and/or structure 9f nay/nature or dnnertptlos s~ll be erected or maintained upos ~n~ .lot" having an area Of lens than 12,500 mquare'feet,' with a minimum width of lO0 feet at' the hous. e' line. ' ~CONU -'Ho imrt of any building nnd/or et*ruuture, except uncovered stops, etoopss torrueee, patl°s' ~nd breasts, shall bo 'located upon any lot of the front street line of tho lot nor Within foot oZ any nidu llne o~ the lot, nor within thirty' of the roar line *of the lot, except that in the cas~ ...-.: . corner lot a bulldin~ ehnll bm requlred .to comply Zrn~tt y&rd restrictions on one street front only provldeds Itowover, tlmt the width of the side yard stetting on ~truet other than that upon which the lot'~runte ehali bo less thnn thirty (30) ~eet ............... THIP3 - Each lot shall be used for tiul Purposes only (or as a professional o~fice of a et, dentist resident thereln) and no building and/el of un~ nature or description whatsoever shall be ereoted,, 8/ngle f~mily dwelXing, ~t to e~eed t~ and one-~lf,' (2-1/3) etortoB tn height, ~nd ~n at~c~d g~ruge, connected to the dwelling by ~n overhead trellis story dwellings m~11 provide not lesm:t~n*700 mquarO or usable ZIO0~ area and ~11 dwollt~s shall provldo not 1ems t~n 700 mq~re ~s~ble ~l~or ~re~-on t~ f~rst ~[~r o~:g~und ~evol; ['~'. · FOURTH - ~o ~parato or de~c~d garage) outhouse or nature mlmll bo o~ctod, placed or'*~t~ta~ned -FIFTH - No trailer, ham.neat, tent, slack or garage shall be erected, plaid or ~in~nod on any lot for use am s rostde~e either tem~rarily or ~r~ntly. 81~H - No s~gns of ~ny kind~ ot~r t~n the us~l rill profenolo~l signs, ~11 ~ erected, ~tnteinod or d~spla~d to t~ public view on say ~rt~on of the land or ~u~ldlngs wLt~u~ ~itton oon~nt of t~ ~ol~r~nts ~nd thon only upon ouoh oond~tions ~8 the ~chrant ~y speotfy. p~V18~, ~ver~ s~ll ~t ~ludo mt~nm u~d by t~ Dec.rant or Ztm mu~om~rm and ammZgno. ~fl - Fences) whether fabricated or growing, s~ll not .exceed four (4) rent in height. ElG~fl - No title to ~nd in~y mt~ot o~nod or laid out by the Declarant Zs Aniseed to be conveyed to lots and t~ Dechrant re~r~o to ZteolZ fee of all land lying in the bed of any nnd all such streets, and further reserves to itself the right to.convey to any mmieilml authority nil of its righto title and est in any lmrt.or all of such streotsm should the Doclarent at shy t~nedcem it expedient to do NX~TH - The exterior architectural features of .uny and all buildin~e and/or structures shall be thet of New Bn~l~nd,~oloalal~ Calm Cod or Long Island F~rnetesd and des~n~ or of any other design approved by the Deolurent TS~rH ~ H~-~XldXnfs and/or strnotu~os of any notore ur doeerxption shall be crested, nor sim11 erection be eommenoed~"nor sh~ll an~ exterior nlterations upon or oddition~'to uny exiutin~ buildings und/or struntures bo undertaken unless nnd until all plans, elmoifiostiono ing elevstlonnp sits plsno sndother lnformtlon deemed neoosunny to determine the ouitebility and uppropristuness of the exterior arohiteotu~sl features and design of the FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. P-ECEZVED BOARD OF APPEALS ~ERTIFICATE OF O~UWANCY No Z-24723 Date OCTOBER 28r 1996 THIS CERTIFIES that the building. NEW DWELLING Location of Property 150 THRE~ WATERS LANE ORIE~T~ N.Y. House No. Street Hamlet County Ta~ Map No. 1000 Section 15 Block 6 Lot 29 Subdivision Filed Map Ne. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated ~IL 26, 1993 pursuant to which Building Permit No. 23221-Z dated JANUARy 18~ 1995 was i~sued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate ia issued is OWE FAMILY DWELLING WITHATTACHEDOPEN PORCH ARAPI~LIED FOR. The certificate ie issued to JOHN M. EBERHA~DT (owners~ of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF NEALTH APPROVAL 92-SO-101-O~T. 24f 1996 ELECTRICAL INSPECTION CERT. ~12184 - SEPT. 16r 1996 PLUMBERS CERTIFICATION DATED SEPT. 17&~1996-PECONIC PLUMB. & ~EATING Laserfiche WebLink http://24.38.28.228:2040/weblink7/DocView.aspx?id=92469 Template: Subdivision Maps Name Orient By The Sea Section 1 Hamlet Orient Approval Oate 10/23/1957 Filing Date 11/21/1957 File NO 2777 District 1000 Section Block ~ECEWED uV ~ ~,OARD OF APPEALS 2777 2997 al~ND¥21 1957 2 of 3 4/19/2011 5:01 PM RECE/VED NOV 2, 8 201I BOARD OF APPEALS SURVEY OF PROPERTY ~ A.T ORIENT POINT  ~ TOWN OF SOUTHOLD ~ i} ,¢,~ LoT, ]' SUFFOLK COUNTY, N.Y. ~:~ ~ ',~ ~  AREA-12,024 ~, ~. / TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNEP~,~'/~.~, ~JvJ¥1 J STJR-Ee"r VILLAGE DISTRICT ACREAGE SUB. .... ~ ,~ LUll LOT ~i~RD UFAPPEA~ RES. SEAS. IMP. S FARM W TYPE OF BUILDING TOTAL COMM. lIND. CB. MISC. REMARKS DATE r~. Mkt. Value %7o~ AGE NEW Farm )le 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Totc~ ~J,__ BUILDING CONDITION NORh~L BELOW Ac re Value Per Acre ^B°¥F/, d~ Value/~/2.~ DOCK ECE VED ~/~r' Bldg. Extension Foundation Basement Ext. Walls Fire Place Patio Porch! Porch ] Both Floors Interior Finish Heat Roof Type Rooms I st Floor Breezeway Rooms 2nd Floor ~p~ Garage , Driveway Dormer O.B. /~d-/J'-~ ~'-,2,~' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~FO~ER OWNER. / S VILLAGE W DISTRICT SUB. LOT '~ I RES. SEAS. VL ~// FARM COMM. I IND. CB. MISC. Est. Mkt. Value IMP. TOTAL DATE House Plot Total Brushland Swampland Form Acre Value FRONTAGE ON ROAD BOARD OF APPEALS )le 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland BUILDING CONDITIOh / BELOW Value Per Acre AGE ~ECEtVED NEW NORMAL ABOVE FRONTAGE ON WATER NOV 2, 8~u ')q I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 November 22, 2011 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: SEL~ Pr~m4ses: 200 T~E WATERS ROAD, ORIE~ Dear Chairman Weisman and Board members: With reference to above and pursuant to your June 21, 2011 enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated May 24, 2011, updated Nov.22, 2. Application, C & R's. and owners consent 3. Project Description 4. Questionnaire, C.o. and subdivision map 5. AG Data form 6. Short EAF form 7. Transactional Disclosure for all 8. LWRP form 9. Photos 10. Survey 11. Town property Card 12. My clients check representing the filing fee of $1,500.00 Please place this matter on your next available calendar. Thank you and please do not questions. encls. letter, 2011 hesitate to call should you have any ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTP~.R 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 November 29, 201 l Zoning Appeal No. 6528 Transmitted herewith is Zoning Appeals No 6582 of Patricia Moore for Melanie M. Selwyn~ Marianne Scl ,wyn and Michael Selwyn- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated November 22, 2011, Notice of Disapproval from Building Department Updated November 22, 2011, Authorization Letter from Marianne Selwyn, Michael Selwyn and Melanie M. Selwyn to Patricia C. Moore to Represent them in this Matter, Authorization Letter from Jane F. Golden to Patricia Moore to Represent her in this Matter Dated September 30, 2011, Three Pages of Findings & Determination No. 5124 Dated June 20, 2002, Copy of Survey Map for John & Elenisak Sakatos Dated January 19, 1979 by Roderick Van Tuyl Land Surveyors, Six Pages of Covenants and Restrictions November 21, 1957, Certificate of Occupancy No. Z-24723 for One Family Dwelling with Attached Open Porch October 28, 1996, Copy of Orient-by-the-Sea Subdivision Map, Two Pages of Photos of Both Properties, Copy of Survey of Property Lot 29 as it Exists Dated October Dated October 15, 2009 Prepared by Peconic Surveyors, Copy of Property Record Card for 150 Three Waters Lane (Both Sides). Copy of Property Record Card for 200 Three Waters Lane, Copy of Survey of Properties as they Exist (Lots 28 & 29) Revised November 21,2011 Prepared by Peconic Surveyors P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-28-11 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6528 SELVVYN, M. 6107 $15oo.oo ~ECEIVED ~lqV ? 9 ?~11 Soutl old Town Clerk TOTAL $15oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/29/11 * * * RECEIPT * * * ReceiptS: 116749 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6528 $1,500.00 Check#: 6107 Total Paid: $1,500.00 Name: Selwyn, Michael 200 Three Waters Lane Orient, NY 11957 Clerk ID: CAROLH Internal ID: 6528 Print - Maps v.D~r-~ Maps Three Waters In, Orient, NY 11957 My Notes Page 1 of 1 ~ ~ Vc,~cr Lot~: http://www.bing.c~m/maps/print.aspx?mkt=en~us&z=~7&s~h&cp~4~.~58~65~72.245972&p~i~Three%2~W... 1/4/2012 8240-25 SOUTHOLD CODE § 240-28L/ ~'''~'~/''} Board's failure to take any action or hold any hearing on a preliminary or final plat within the statutory time periods. ARTICLE VIII Open Development Area § 240-26. Establishment. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to the Town Board for establishment of an open development area (ODA) pursuant to § 280-a(4) of the New York State Town Law. cl. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area. This provision supersedes and amends New York State Town Law § 265-a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the zoning regulations shall be applicable to a filed plat. § 240-27. General requirements. An open development area must meet the following general criteria: A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R40 Zoning Districts. B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land on the parcel. C. Access to the ODA shall be provided by a right-of-way or easement. D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § 240-28. Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A. A completed petition to establish an open development area; B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article V, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. C. An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental 240:34 os. 01.2o06 _ ~lv PLANNING BOARD MEMBER~ \~ MARTIN H. SIDOR \'~ ~/ , Chair ~ ~.~ WILLIAM J. CREMERS i~ k ~NNETH L. EDWARDS ~ ' J~ES H. RICH III ~ DON~D J. WILCENS~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Donald J. Wilcenski, Chair Members of the Planning Board January 4, 2012 Request for Comments for Marianne Selwyn SCTM#1000-15-6-28 & 29 ZBA# 6528 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 JAN 4 ZOl2 BOARD OP APPEALS Thank you for the opportunity to review this application. The Planning Board has no objection to the requested variances. Please contact the Planning Department with any questions. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 23, 2011 Chairman Martin Sidor, and Southold Town Planning Board Chairperson Leslie Kanes Weisman, and Southold Town Zoning Board Southold Town Hall 53095 Main Road, P.O.Box 1179 Southold, NY 11971 RECEIVED ~i BOARD OF APPEALS RE: SELWYN PREMISES: 200 AND 150 THREE WATERS ROAD, ORIENT SCTM: 1000-15-6-28 & 29 Dear Boards: Please place in your file the following in support of our application: Orient-by-the-Sea, Section I, subdivision map was approved by the Southold Town Planning Board on May 5, 1958,as an Open Development Area (O.D.A.) with a copy of their resolution to the Zoning Board of Appeals. The subdivision was also approved by the Town Board as an Open Development Area, pursuant to Town Law 280-A on May 6, 1958. A copy of the resolutions are attached. The above two lots appear on the filed map of Orient-By-The- Sea, Section I. Very truly yours, Patricia C. Moore PCM/bp encls. C: Selwyn family WHEREAS '*~OODJ-IOL,.L,O. ~'. O,PT-k'£1 ~. T4'O,. ,~a:]t.~;er Uhl has made application to the Town Board for the establishment of an OPEN DEVELOPMENT AREA pursuant to the provisions of Section 280-A of the TOWN LAW, and WHEREAS, the Town Board has heretofore referred the matter to the Planning Board for its advice and recommendation, and WHEREAS, the Planning Board has recommended that the application °f'"'0"0'"~'~"Q'L"L'..~....-[~-t.~.~,~,[-~4~,~.:~i.~...J;x(C,...~'TCa,~e~;.. be granted, NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the Town of Southold does hereby establish on OPEN DEVELOPMENT AREA over the property ']0 ' ' ' " ",' ' ' or....O.~.~i.Q)~.~....P~.0~,,..'.'J~.,,~.~..~C., ..... as shown Walter Ub.Z~ Vice-Pres. forth on the mop attached to the application. Oy Order of the Town Board. ~talph P. oooth Town Clerk oared: ,,~ay 6, 1958. APPLICATION TO THE TOWN BOARD (open de, elopmeat arm) APPLICATION NO.: ................................ DATE: ,.A,9~.10.$~.,..;),..9,,~.0. ............................................................. I, CW'E), ....W~!.~;).!.gl,L.~.~P~LQJq'~.~-.Q.Q.~..~Aq., ...................................................................................................... OF ............. ~P..~:~ ................................. ~ ................................................ A~w..~k.. (st~t) (munici~li~) (sta~) ~ hereby ~ke appticati~ ~ the T~N BOARD of the T~ ~ ~U~OLD, SUF~LK COUNt, N~ Y~K to eM~lish on "~en ~vel~ment Area" u~er the p~isi~s of ~tion 2~ of the T~ L~ of the State of New York of t~ ~ll~l~ de~ri~d pr~e~; ~. LO~TIQN OF PROPERS: ~.~.~..{.~)-.~.-~.~.~ee~-.~..~c..~e ~{~ fi~Z~..~ ~..~ 9..~.. A~A,...~%~...~.~ ~ ...~ · ~.,.. )~A~ ..~ ~ k ................................. G ~=c~..~.~e~..2~,..~.~?.,..~ .A~ ,..g?lZ ~. ~. ~,..~g.? .................................................................. 3. DESCRIPTION OF RIGHT(S) OF WAY OR OTHER MEANS OF ACCESS TO PROPERTY:..b.~:.q.q.t,.,..~..s. ..... W~e~..~e..~L.Ag~,.Y. Lm~.~,~& ................................................................................................................ 4. INTENDED USE OF PROPERTY: ~:L¥~`~`~.~y.~t~.~.~`r~Q`g~A~L~A9.1~`~.~Ltj~`~.~.~ ..~...d... ~ ~.e.~.mm~A'.~r...~ .~.4.. ~.,~9..~..~...~.'.~..~...~.~.Le. ........................................................................................................... 5. ~PE OF BUILDING(S) TO BE of 0ove~%s and Res~c~ions ~ file ~ty 01erks 0ffioe (co~ 6. ~P OF PEOPER~ SHOWING PROPOSED ~Y~T OF ~ND USE AND RIGHT(S) OF WAY ~ T0 BE A~ACHED TO THIS APPLI~TION. 7. ADDITIONAL JNFOR~TION BY APPLICANT: .......................................................................................... W~ODHOLL(~J PROP~TIES~ i-NC. STATE OF NEW YORK ) ~~ ) SS ...... .V.:L~.9.. ~r.e...a.? ..... COUNTY OF .~AJ~.R~,IL...~ .................. ) (signature) S~VORN TO TH $ ..J.~ ........... DAY OF ....................... ~lJ~:k~, ............................... 19.5.0 ............... ....................... ................ [ (notary pM:, c)  SOUTHOLD, L.I., N.Y. PLANNING BOARD MEMBERS John 'Wickh~m. Cha;rmen Henry 1~. goica A~d G~be Archi~ld N. ~o~g May 5, 1958 REPORT TO: 80g'£HOLD TO~ B~I:JD SOlid, OLD, MEW ~R~ Oentlemen~ This is to certify that the following action was taken by the Southold Town Planning Board on May 5, 1958: In the matter of application of Walter ~hl, Vice President of Woo~hollcw Properties, Inc., Jericho Turnpike, Jericho, New York, to establish ~n #Open Develolment Area# on property described in application as being located North side ~ain Road, Orient Point, New Y~rk, Orient-by-the-Sea, Section I. It ~c the determination of the P~nning Board to recommend this application Eot an Open Developaent Area. Very truly yours, ~Ohn Wickha~, Chairman ~OUT~OLD TOWN PIAN~I~G BOARD JW:gm cc: Board of Appeals BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 20t2 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 tt79, Southold, New York 11971-0959, on THURSDAY, JANUARY 5~ 2012: 2:00 P.M. - MELANIE M, MARIANNE, MICHAEL SELWYN~ as tenants in common and JANE GOLDEN #6528 - Request for Variance under Article IV Section 280-18 and the Building Inspector's May 24, 2011, updated November 22, 2011 Notice of Disapproval based on an application for building permit for a subdivision, at: Proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of t50 linear ft., 3) less than the code required lot depth of t75 linear feet; Proposed Lot 2; t) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; located at: 200 and 150 Three Waters Road, Orient, NY. SCTM#'s 1000- 15-6-28&29 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: December 6, 20tt ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 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 December 5, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,January 5, 2012 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 December 19 th. 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/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 thc. hearing, providing the returned letter to us as soon as possible; AND not later than December 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 December 28 th: 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 Postinq for receipt by our office before. January 3, 2012. 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: SCTM #: SELWYN, M. # 6528 1000-15-6-28 & 29 VARIANCE: LOT AREA, WIDTH, DEPTH REQUEST: SUBDIVISION DATE: THURS., JANUARY 5, 2012 2 PM 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUAR~f 5, 2012 pUBLIC HEARINGS NOTICE IS I~EREB¥ GIVEN, pur- suant to Section 267'of the Town Law and Town Code CEaptor 280 (Zoning),Town of Southold the following public hear- ings will be held:by th~ ~O 'i:.rI~IOLD TOWN ZONING BOARD OF AP- PEALS at the Tows Hall, 53095 Main Road. P.O. Box 1179, Southold. New York 11971-0959 on THURSDAY JAN- UARY S. 2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing De- cember 1, 2011 10:00 A.M. - JOSEPH and ELIZA- [IETH BRITTMAN #6S22 10:30 A.M. - DAVID MOORE XXIII Se,ctio~:280-124 and ~;l{~'Bgikling Inspector s Iqo~inber 4~ 201~"l~..~f Disappfoval.bal~L~n bulfdifig pe~ ~t a d~ek!~'l~g.ri~ lb the cod~ rec~fred rear yard s~tb~ck of 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 S~uthold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 22nd day of December, 2011. Sworn to before me this quired maximum square footage of 660 sq. ft. on lots up to 20,000 sq. ft., Ioca}nd at: 280 Pine Wood Road, Cutchogue, NY. 11.40 A.M. - THRESHOLD BLUE. LLC tSnarkline Pointel #6526 - Re- quest for Variances from Article XV Code Section 280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for budding permit to construct new commercial warehouse at; 1) less than the code required minimum side yard setback of 20 feet, 2) less than the code required minimum combined side yard setback of 40 feet located at: 1270 County Road 48 (aka North Road), Southold NY SCTM#1000-69-3-3 Carryover Hearings, continued from prior meetings and pending additional intormation: Adjourned from Public Hearing De- cember 1, 2011 QTANO g6~25 MASTRO g 6~30 - Request for Varianc- es from Artideg XXI1 and XXII1 Code Sections 280-116fBI-and 280-17A, based on an application for building permtt and the Building Inspector's November 23, 2011 Notice of Disapproval concern- ing proposed demolition and construc- tion of a new single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required to- tal combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj. to Arshamomque Harbor) Soutbeld, NY. SCTMg1000-52-5-9, 2.'00 P.M. - MELANIE M.. MAR1- ~R~.l~n~t for Variance unde~ Ar- ;~.',.~d:~n 280-18 and the Building i~.~r.~May 24, 2011, updated No- veniber 22, 2011 Notice of Disapproval based on an application for building per- mit for a subdivision, at: Proposed Lot 1; 1) less than the code required minimum tot size of 40~000 sq. ft., 2) less than the code rcqQired lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft.,2) less than the code requirnd lot width of 150linear ft.,3) less than the code requh'ed lot depth of 175 linear feet;located at: 200 and 150 Three Principal Clerk Waters Road, Orient, NY. SCTM#'s 1000- 15-6-28&29 My 2:20 P.M. - NELSON FAMILY #6832 - Request for Variances from Articles }CXIII and XXII Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building In- spector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwell- ing, at; 1) less than the code required minimum side yard setback of 10 feel 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay Shore Road (adj. to Peconic Bay), Oreenport, NY. SCTM#1000-53-6-5 The Board of Appeals will hear all persons or their representatives, desir- ing.io be heard at each hearing, and/or desiring to submli written statements before the conclusion of each heanng Each hearing will not start esther than designated above. Fries are available for review during regular business h6urs and pt'mr to the day of the hearing. If you have questions, please contact our office at, 1631 765-1809, or by emalh Vicki.Toth@Town.flout hold.nv, us I~-ated: December 15, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 54378 Main Road (Office Location) ~3095 Main Road (MailingFCSPS) P.O. Box 1179 Southold, NY 11971-0989 10.501-1T 12/22 OF NEW YORK 05050 Sullo~k County ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MELANIE M:)MARIANNE & MICHAEL SELWYN (Name of Applicant) CTM Parcel #1000-15-6-28 & 29 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the (,..0 day of December, 2011, I personally mailed at the United States Post Offce n Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of December, 2011 f (N~ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, RECEIPT 7192 6463 3110 0001 0507 FROM: SEND TO: ~'~ JEANI~ET~E TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0514 FROM: Moore Law Office RE: SELWYN ZBA HEARING ~OB~RT AUd~TM FEES~" ] '~ Postage 0 44 R~um Receipt 230 Restricted TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0521 FROM: Moore Law Office RE SELWYN ZBA HEARING SEND TO: HILLER KAHN NORMA - 225 ~MA~N~;' FE TOTAL POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0538 FROM: Moore Law Office RE SELWYN ZBA HEARING RECEIPT 7192 6463 3110 0001 0545 FROM: Meore Law Office RE: SELWYN ZBA HEARING RECEIPT 7192 6463 3110 0001 0552 FROM: Moore Law Office RE SELWYN ZBA HEARING RECEIPT 7192 6463 3110 0001 0569 FROM: Moore Law Office RE SELWYN ZBA HEARING SEND TO: JpOASTEPI iL 03307 SEND TO: STEVEN 246MT p~CT AVE FEES: TOTAL $ 5,59 POSTMARK OR DATE SEND T¢)~ FE P~tag~ /0 ~'~ TOTAL $ 559 POSTMARK OR DATE SEND TO: LIKOKAS FAMILY Post ge ~ 0 44 I~.~ TOTAL ~,, ~' POSTMARK OR DATE 51020 MAIN ROAD SOUTHOLD NY 11 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. F~e~ Delivery? 3. Sewlce Ty~ I'(ExtraFee) l~ye~?~ C~.RTIFIED V~92 6463 3110 0001 0521 HILL~ k~HN NORM~LK~.HN 225 T~R~E WATERS LANE ORIENT NY 11957 4, Restricted Delivery? 3. Se~ice Type I (Extra Fee) F~ Yes lCERTIFIED I?- Article Number 7192 6463 3110 0001 0507 7192 6463 3110 0001 0507 JEANNETTE E- VERA 320 THREE WATERS LANE ORIENT NY 11957 MOOR~ 11971 (Extra Fee) [] Yes CERTIFIED 7192 6463 3110 0001 0545 S'.92 6463 3110 0001 0545 t. Article Addressed TO: STE~SN KOPACK REV. LIV. TRUST ELSIE KOPACK REV. LIV. TRUST 246 Mi. PROSPECT AVE CLIFTON NJ 07012 SELWYN SCTM: 1000-15-6-28 & 29 JEANNETTE E. VERA 320 THREE WATERS LANE ORIENT NY 11957 SCTM: 1000-15-6-27 YVONNE BREUER ROBERT AUGUSTiNE 50 THREE WATERS LANE ORIENT NY 11957 SCTM: 1000-15-6-30 HILLER KAHN NORMA KAHN 225 THREE WATERS LANE ORIENT NY 11957 SCTM: 1000-15-7-13 JOSEPH WALDVOGEL PATRICIA WALDVOGEL 7616 CURRIER ROAD LOUDON NH 03307 SCTM: 1000-15-7-14 STEVEN KOPACK REV. LIV. TRUST ELSIE KOPACK REV. LIV. TRUST 246 MT. PROSPECT AVE CLIFTON NJ 07012 SCTM: 1000-15-7-15 KURT WERBER MARY ELLEN WERBER 119 WOODS AVE MALVERNE NY 11565 SCTM: 15-9-1.16 LIKOKAS FAMILY TRUST 8823 RIDGE BLVD BROOKLYN NY 11209 SCTM: 1000-15-9-1.17 5102D 'ROAD SOUTHOLD NY 11971 Date of Delivery 7192 6463 3110 0001 0552 1. Article Addressed To: KURT It~ERBER MARY ELLEN WERBER 119 WOODS AVE MALVERNE NY 11565 MOOF~ LAW OFFICE ~0 MAIN ROAD SOUTHOLD NY 11971 7t92 6463 3110 0001 0538 1. Article Addressed To: JOi~tPH WALDVOGEL PATRiCIA WALDVOGEL 7616 CURRIER ROAD LOUDON NH 03307 7192 6463 3110 0001 0514 1. Article Addressed TO: YVON~ BREUER ROB£~T AUGUSTINE 50 ~HREE WATERS LANE ORIENT NY 11957 State ZiP + 4 C~de ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF MELANIE M. MARIANNE & MICHAEL SELWYN SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-15-6-28 & 29 COUNTY OF SUFFOLK) STATE OF NEW YORK) , residing att._~,%L~ ~J ~ L.~,~-~ '(~,.L~. ~.v.~, ~__ ~.~' ~- ) being duly sworn, depose and say that: On the~(~day of December, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the proper/y, 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 se~e,n days prior to the date of the subject hearing date, which hearing/~was sh~'n ~/~(~ Thursday,January 5, 2012 //~~'..V,,..~.A Sworn to before me this (-I ~ day of ......... r, 201~. BETSY A. PERKINS Notary Public, State of New Yo~ No. 01 PE6130636 Qualified in Suffolk Commission Expires July 18. *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson November 28, 2011 Request for Comments ZBA # 6528 SELWYN, M. 13F_C - 1 2011 As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # / ZBA ZONING REQUEST SURVEY PREPARER ZONE CODE DATE STAMPED SELVVYN, M. 1000-15.- #6828 Article Proposed Nov. 21, Peconic 6-28 & 29 IV, Subdivision 20t I Surveyors, Secction P.C. 280-'18 Your comments are appreciated within 30 days. Thank you. Encls. 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971~0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 January 20, 2012 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6528, Selwyn and Golden Dear Ms. Moore: Transmitted for your records is a copy of the Board's January 19, 2012 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. Sincere~,'-,~ Vicki Toth Encl. Cc: Building Dept. SCH.D. 2 FD. 25 LD. 40 M.D. 60 RD. 65 { ~ SEC~ON NO