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Home My WebLink About6522 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 soumo o Tel. (631) 765-1809 · Fax (631) 765-90~ FINDINGS, DEL~E~TIONS A~ DETE MEET~G OF FEBRUARY 15, 2012 ZBA FILE NO.: 6522 NAME OF APPLICANT: Joseph and Elizabeth Brittman SCTM# 1000-78-2-11.3 PROPERTY LOCATION: 80 Glenn Road (Main Bayview Road) (adj. to West Creek) Southold, NY 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. 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 November 16, 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 DETERMiNATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.' Subject parcel contains 35,503 sq. fi. and is improved with a one and a half story framed dwelling with attached garage. It has 182.26 feet of frontage on Main Bayview Road, 180.39 feet of frontage on Glenn Road, 200.12 feet along the eastern property line and 206.06 feet along the southem property line. The south east comer is adjacent to West Creek as shown on the survey dated November 9, 2004, revised per ZBA comments on December 28, 2011 prepared by Nathan Taft Corwin, BI, Land Surveyor. BASIS OF APPLICATION: Request for Variance from Article III and Article XXII, Code Section 280-15, 280- 15F and 280-116B and the Building Inspector's October 3, 2011, Amended December 22, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., 2) less than the code required principal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests variances to construct an accessory two-car garage located in the front and partially in the side yards, where the code requires a rear yard location, or in the case of a water front parcel a front yard location is permitted provided it meets the principal setback for the zone. The proposed garage is located 33 feet from the front yard setback where 40 feet is required by code. Additionally, applicant is Page 2 of 3 - February 15,2012 ZBA Fi[¢#6522 - Britiman CTM: 1000-78-2-11.3 requesting an 864 sq. ff. garage where the maximum allowed by code is 750 sq. ft. and a bulkhead setback of 56 feet where the code requires 75 feet. AMENDED APPLICATION: The original application was for one variance request for an accessory garage larger than allowed by code. During the first hearing, the applicant stated he applied to New York State DEC and the agency was asking him to relocate the garage closer towards the front property line of Main Bayview Road away from the wetlands. The applicant submitted revised plans, which required a new Notice of Disapproval from the building department. ADDITIONAL INFORMATION: The new Notice of Disapproval, revealed that the applicant required three variances; accessory garage total square footage, front yard setback and bulkhead setback. In a memo dated January 3, 2012, the LWRP Coordinator noted that the applicant's revised plan shows he has integrated best management practices to further the policies of the LWRP to the greatest extent practicable and therefore the Board may want to consider issuing a consistent determination. The applicant submitted the NYS DEC permit and approved survey. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1, 2011, January 5, 2012 and February 2, 2012. 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)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory garages are common in this area. The applicant will screen the garage from the road with evergreen plantings. 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 subject property contains two front yards and is located on the waterfront, so the placement of an accessory structure in a conforming location is limited. The proposed 864 sq. ft. accessory garage is a pre-engineered kit that is assembled on site and cannot be altered in size, and the applicant stated it is the smallest structure that is useable to meet his needs for the storage of his boat and other equipment. 3. Town Law §267-b{3){b){3). The variances granted herein are mathematically substantial. The proposed size of the accessory garage represents a 15% variance; the proposed front yard setback represents a 17.5% variance; and the proposed bulkhead setback a 27% variance from the code. However, these variances are mitigated by the constraints of two front yards and water frontage on the subject property. 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 applicant has integrated best management practices to further the policies of the LWRP to the greatest extent practicable and reduced impact. Additionally, the new location mitigates the proximity to the wetlands as requested by New York State DEC. 5. Town Law §267-b(3)(b}(5). The difficulty has been self-created. The applicant pumhased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 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 an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 - February 15, 2012 ZBA File#6522 - Britlman CTM: 1000-78-2-I I3 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT~ the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor dated November 9, 2004 last revised December 28, 2011 and architectural drawings prepared by Barn Pros pages 1-8 and dated 10/30/11, expired 4/17/12. CONDITIONS: Existing trees to be retained to the greatest extent practicable. A 75 foot long evergreen berm along Main Bayview, shall be planted and continuously maintained, as shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor dated November 9, 2004 last revised December 28, 201 l. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the BuiMing 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 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dinizio, Homing. Member Goehringer was absent. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ,,~ / //~' /2012 LOT WEST FILE NO. 3848 FILED ON AUGUST 19, SITUA TED A T BAYVIEW TOWN OF SOUTHOLD SURVEY OF & P/O LOT s MAP OF CREEK ESTATES 1963 RECEIVED DEC~8 2Oil BOARD OF APPEALB SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-78-02-11.5 SCALE 1"=30' NOVEMBER 9, 2004 SEPTEMBER 14, 2006 ADDED FLAGGED WETLAND LINE OCTOBER 25, 2011 ADD PROPOSED GARAGE DECEMBER 9, 2011 RELOCATED PROPOSED GARAGE DECEMBER 20, 2011 REVISE 15' BUFFER DECEMBER 28, 2011 REVISE PER ZBA COMMENTS o~ WETLAND AREA 6,430 sq. ff. o~' 0.148 ac. ~0 UPLAND AREA = 29,073 sq. ff. "- 0,667 ac. TOTAL LOT AREA = 35,503 sq. ff. 0.815 ac. BUILDING COVERAGE DATA (OVER UPLAND AREA) DESCRIPTION AREA % LOT COVERAGf HOUSE 2,520 sq, ft. 8.7% DECK 375 sq. ft 1,3% BALCONY 48 sq. fl. 0,1% PROPOSED GARAGE 864 sq. fi, 3,0% TOTAL 3,8o7 sq. ff. 13A% GARAGE ROOF DRAINAGE CALCULATIONS. PROP. GARAGE AREA: 864 sq, ff. 864 sq. ff. X 0.55 = 285 cu. fi. 285 cu. ff. / 42.2 6.8 verficol ff. of 8' dim leeching pool PROVIDE (2) 6' diG. X 4' high STORM DRAIN POOL required FINAL MAP REVIEWED BY ZBA SEE OEC S Ot UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF NYS. Lic, No 4968~8 Successor To Stanley J, Isoksen, Jr, L,S. Joseph A Ingegno kS, PHONE (631)727-2090 Fox (631)727 1727 26-335,& THIS PACKAGE HA5 BEEN MODIFIED FROM THE ORIGINAL STOCK BARN PRO5 ?ACIC, AGE DESIGN. FIELD MODIFICATION5 ¢ 50ME EXTRA MATERIAL.5 MAY I~E ~ / CED.,A,R BOARD ¢ BA]-F SIDING ON REQUIRED DURING A~5~EMBLY. /,,,,flz"jT'--,~ / 7/I G OSB SHEATHING W/Sd. //11' Il tl tl '"r~ / NAIL5 @ 4" OC.AT PANEL EDGES ¢ I__~ /z-'ll II II II II II 'it,~'"~. 12" OC.AT INTERMEDIATE MEMBERS ,r CEDAR TRIM . 2xG TCG ,51DING END ELEVATION SCALE 3/I G" = I '-O" COMP. ROOF DOOR BY OWNER ,.~1 DE ELEVATION SCALE '3/I G" ~ ILO" - CEDAR TRIM ·. 2xG TCG :51DING RECEIVED NOV 9 20fl BOARD OF APPEALS cj CEDAR TRIM 2xG TCG 51DING -- DI=:T.(~ 7 CEDAR BOARD ¢,- BATT 51DING ON / WIG" OSB SHEATHING W/Sd. ~"'"h~ / NAIL5 ~ 4" OC.AT PANEL EDGF5 ¢ C.AT INTERMEDIATE MEMBER5 ,, II II II II II II II II II II ~ CEDAR TRIM - · - 2xG TCG 51DING END ELEVATION SCALE 3/I G" : ILO'' COMP. ROOP 51DE SCALE RECEIVED NOV 9 20!! BOARD OF APPEALS ELEVATION 3/I G" = I '-O" 2 1 3xG DOOR O0 O0 4x4 5L, 4x4 5L. -- I 2'-G" x I 0 DLIDING DOOR ~-~4" CONC 5LAD BY OWNER I 4x4 5L. 4x4 5L. 3G'-O"- I Ox8 ROLL UP DOOR BY OWNER I 2'-0': FLOOR PLAN SCALE 3/I G" = ILO" RECEIVED BOARD OF APPEALS 3 RECEI',/ED A DO (2) 2xG 'T' ~[bRACING'~ 1 8" ROOF OVERHANG AT ALL 51DE~ x & PUP-.LIND / DO 24" OC. I 2'-0" 3G'-O" t(2) 2xG q" DI~ACING I 2'-0'L ROOF FRAMING PLAN 5CALE 3/I G" = I '-O" 4 ~ 4xG PT. DOOR POST .W/I 6" ~ x4'-O" CONC.FTG Gx6 PT. POST W/24" ~ x4'-O" CONC.FrG ~--- Gx6 PT. POST W/24" ,~ x4'-O" CONC.FTG Gx I 0 PT. POST W/24" .~ x4'-G" CONC.FJ'G ~x6 ~. Post /~-' W/24' .G' x4'-O" / CONC.FTG Gx I 0 PT. POST W/24" .~ x4LG'' CO NC. FTG ~ PT. POST W/24" ~ x4'-O" CONC.FTG t 2'-0" Gx I 0 PT. POST W/24" ~ x4'-G" CONC.FTG -$G'-O"- Gx6 FT. POST W/24" ~ x4'-O" COb :~4xG FT. DOOR POST W/16" .~ x4'-O" CONC.FTG I 2'-0'! FOOTING PLAN SCALE 3/I G" = I '-O" 1 RECE'[VED BOARD OF APPEALS 5 RECE:~VED NOV 9 ?i ~ I/2" CDX PLYWOOD SHEATHING W/~d. NAILS ~ 4" OC.AT PANEL EDGE~ ¢ I 2" OC.AT INTERMEDIATE MEMDERS -- (ROOI=ING E~Y OWNER) DLOCK W/(4) I Gd. AT EA.CONN. 2x8 F'URLIN5 ~24"0C. W/(5) I Gd. NAILD BOARD OF APPEALS 2xG PURLIN CLEAT W/(3) I Gd.AT EA.DIDE 12 71-- DET. -- -- 2x8 OVERHANG P-,AP'I-ER W/(G) I Gd. NAILS AT EA.SIDE +, 2x I 0x24 CLEAT (2) 2xG BP. ACING (DET.3¢4) + DOUBLE PRE-PAD TRUSSES Gx I 0 PT. POST · 2xG TCG 51DING W/(3) I Gd. AT EA. END 4"CONC.SLAD BY OWNER 24" ¢' x 4'-G" CONC. FTG. 24" ¢' x 4'-G" CONC. PTG. SECTION A SCALE I/4" = I '-0" SIMPSON LSTA 30 5TP-.AP AT EACH EDGE PURLIN SPLICE SIMPSON LSTA 30 STRAP AT EACH TRU55 TO CLEAT 6192 ~'""'"~1 ~ ! REGI3 £E~ED ~ '~,, I ARCHITECT 1// THANSUT,~N d 6 -- 2x8 EDGE PURLIN W~ (3) I Gd NAIL.fi, D 'I-AI L I SCALE I"= I'-0" / Z' L/ DETAIL 3 SCALE I"= I'-0" 24"MIN,OVERLAP /-- . DETAIL 5 SCALE I"= I'-0" ( PURLIN OVERLAP @ TRUSSES) SIMPSON LSTA 30 AT EDGE PURLIN SPLICE 2x8 OVERHANG RAPTER W/(6) I 3/4"¢x I 0 MB. DOUBLE TRUSSES W/(4) I 6al. NAILS AT EA.CONN W/ LSTA .BO AT TRUSS TO CLEAT 2x I 0x24" CLEAT W/(,,G) I 6d NAILS 314 9'x I 0 MB. POST (4) I 6d NAILS (2)2x6 T" STRUTS W'/ I Od NAIL5~ I 6"0C. DETAIL 2 SCALE I" = I'-O" SIMPSON A-35 FRAMING ANCHOR (2)2xG T,ISTRUTS JOIST ~ANGER TRUSS BO%FOM CHORDS 2x6 BLOCKING -- 2x8 PURLIN ~24"0C. W/(2) I TO BLIK ¢ TO P-.AETER , , I 2x8 UTIL. BLOCK /~ W/(4) 16al. NAILS TO P, APTER t 5, 2x8 FASCIA I -3/4" x I I -7/8" LVL. RAFTER W/(I 2) 16al. NAIL5 6 x POST 2x x24" CLEAT W/(I 2) 16al. NAILS AT I0' $ I 2' SPAN: 2x6 GIRTS 2 24" OC W~ (3) I 6al. NAILS AT EACH END 2x6 STIPPENERS @ 24" OC NAIL TOGETHER W/ I 6d NAILS @ 16" OC (5) I 6 d. NAILS TO PURLIN CLEAT (4) I 6 d. NAILS AT EA. END OF OVERLAP 2x8 PURLINS ~24"0C. PURLIN CLEAT TRUSS TC. W/(2) I NAILS AT EA. SIDE. DETAIL 4 SCALE I"= I'-0" -- 6x POST (4) I 6 d. NAILS 2x8 PURLINS @ 24" OC. AT EA. END 2x8 PURLIN CLEAT W~ (4) I DETAIL G NAIL5 AT TRUSS TC. SCALE I" = I'- 0" ( PURLIN CONN. @ TRUSSES) D ETAI L 7 SCALE I"= I'-0" NOTE: GIRTS AT GABLES: 2x6 GIRTS 2 24" OC UP TO 8' 5PAN W/(3) I 6d NAILS AT EACH END AT I05 12'SPAN: 2x6 GIRTS @ 24" OC W/ 2x6 STIFFENERS ~ 24" OC W'/(.3) I 6al. NAILS AT EACH END OP GIRT ¢; STIPFENER NAIL TOGETHER WI I 6d NAILS ~ I G" OC -- 2x8 PURLIN @24"0C. W~ (4916al.AT TRUSS $ BLOCK, 2x8 BLOCKING WI (4) 16al. NAIL5 AT TRUSS ENDWALL TRUSS W/ rW/LDTA 301 3/4" ,~'x¢- I/2" CB. <i AT TRUSS $ (4) I 6al. NAIL5 FO CLEAT 314" .~xS- 1/2" CB. 2xGx24 CLEAT W/(8) I Gd. NAI~ 3/4" ~xS- I/2" CB. RECEIVED NOV ~ ,.; BOARD OF Ar ~ c:~, 7 NOTE I. DESIGN LOADS: ROOF SNOW WIND SPEED (EXP B) SOIL BEARING PRESSURE = 25 PSF = 120 MPH =2000 PSF SEISMIC DESIGN CATEGORY D LUMBER: G X POST 4 × G POST PUP. LINS ~ GIRTS P-,AFl'ERS TREATED LUMBER: :HEM-FIR# 2 :HEM-FIR# 2 :HEM-FIR # 2 :VEP.~DALAM LVL ALL LUMBER WITH GROUND CONTACT 5HALL BE PRESSURE TREATED POST: .(;0 PCP RETENTION SKIRTBOARDS: .40 PCF RETENTION CONCRETE: F'c = 2500 PSI @ 28 DAYS. ALL FOOTINGS SHALL BEAR ON UNDISTURBED NATIVE FIRM SOIL WITH MIN. BEARING CAPACITY OF 2000 PSF AND LATEI~AL BEARING CAPACITY OF 200 PCP. BUILDER TO VERIFY SOIL CONDITION PRIOR TO CONSTRUCTION ALL FASTENERS IN CONTACT WITH PRESSURE TREATED LUMBER SHALL BE HOT DIPPED GALVANIZED NOV ~ ?D~ BOARD OF APPEALS ~ REGISTE2ED ARCHITECT /THAN 8 New York State Department of Environmental Conservation Notice of Incomplete Application - This is NOT a Permit Application ID: 1-4738-01877/00010 Facility: BRITTMAN PROPERTY 80 GLENN RD SOUTHOLD, NY 11971 Applicant: JOSI~PH BRITTMAN 23 JEROME ST SMITHTOWN, NY 11787 Owner lD: 1245219 Batch Number: 685726 RECEIVED Permit(s) Applied for: 1 - Article 25 Tidal Wetlands BOARD OF APPEALS Prqiect Location: in SOUTHOI,D in SI IFFOI K C?Ol INrTy Your application for Permit is incomplete. The following items are required: As illustrated, the proposed garage is located approximately 45' landward of the tidal wetland boundary and therefore does not meet the 75' setback from the tidal wetland boundary. Please consider reasonable alternatives which would better meet permitting standards, including, but not limited to, the following: Locating the garage further landward, i.e. closer to Main Bayview Road; Locating the garage north of the driveway rather than south; and/or Reduction in the size of the structure (possibly in combination with 'a' or 'b'). Any proposed alternative which does not meet permitting standards requires a variance request, as discussed under Part 661.11, describing why the proposed alternative overcomes the stated restrictions, standards, etc. While the proposed drywell is beneficial, it is insufficient to overcome the required burden of proof. There is an active permit, DEC # 1-4738-01877/00007, which includes construction of a low profile bulkhead, replanting of intertidal marsh as well as a 15'-wide buffer of beach grass, and installation ora seasonal ramp/float. Has this work been completed? Based on a 2010 aerial it appears that some/all of the work is complete; Please submit photographs of the current status of the work. Please Update the proposed plan to indicate the tidal wetland boundary as illustrated in DEC # 1- 4738-01877/00007. The current proposed plan sets the boundary as a 3'wide area landward of the low profile bulkhead, while the previously permitted plan indicates the area as variable and up to 12' landward of the low profi!e bulkhead. Please update the proposed plan to indicate the extent/location of the 15'wide non- disturbance/non-turf buffer associated with DEC # 1-4738-01877/00007. The "2nd story balcony over wood landing" does not appear to match the requested structure permitted under DEC # 1-4738-01877/00005. Specifically, the impervious area calculated on the proposed plans notes this area as 48 SF, while the proposed plan [and prior photographs] suggest this area is approximately 125 SF; please provide corrected calculations. Also, impervious coverage includes roof outlines rather than foundation dimensions (e.g. house, garage, etc.); please correct as needed. OFFICE LO CA'rio N: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals 30ARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2012 Re: Coastal Consistency Review for ZBA File Ref. 6522 - Joseph and Elizabeth Brittman SCTM#1000-78.-2-11.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards On November 29, 2011. The action was recommended as INCONSISTENT with the LWRP. In discussions with your department, it was determined that the applicant has integrated best management practices in the site plan to further the policies of the LWRP to the greatest extent practicable and therefore the Board may want to consider issuing a CONSISTENT determination pursuant to § 268-5. Review of actions of the Southold Town code which states: H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Cc: Jennifer Andaloro, Assistant Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 ~D~(cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: LOCAL WATERFRONT REVITALIZATION PROGRAM Tow or souTHoLD RECEIVED MEMORANDUM NOV 2 9 loll BOARD OF AppEALS Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: November 29, 2011 Re: Coastal Consistency Review for ZBA File Ref. JOSEPH and ELIZABETH BRITTMAN #6522 SCTM#1000-78-2-11.3 JOSEPH and ELIZABETH BRITTMAN #6522 - Request for Variance from Article III, Code Section 280- 15 and the Building Inspector's October 3, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at; 1 ) more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., located at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2-11.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below listed policy standard and therefore INCONSISTENT with the LWRP. Policy Standards 3. I Enhance visual quality and protect scenic resources throughout the Town of Southold. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. C. Screen components of development which detract from visual quafity. There is no indication if the existinq trees will remain. In the event that the action is approved it is recommended that existinq trees are retained to the greatest extent practicable. 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are a voided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff.. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. It is further recommended that the Board require a natural veqetated buffer beqinnin.q at the ed.qe of wetland line landward for a minimum width of 15' (on the affected lot). A sample definition follows: NATURAL VEGETATED BUFFER -- A land area of a certain lenqth and width where existinq veqetation occurs prior to the commencement of any qradinq or clearinq activity. Veqetation shall be maintained to achieve a minimum percenta.qe of qround cover of 95%. To achieve the pementaqe of qround cover, indigenous, drought-tolerant veqetation shall be planted. Survival of planted veqetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing ve.qetation which is hazardous to life and property, trimminq tree limbs up to a heiqht of 15 feet to maintain viewsheds, replanting of veqetation and establishinq a four-foot-wide access path constructed of pervious material for access to the water-body. [Added 12-15-2009 by L.L. No. 15-2009] Figure 1. Subject Parcel. Pursuant to Chapter 268 of the Southold Town Code, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney RECEIVED NOV 2 9 Z01 BOARD OF APPEALS Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 16, 2011 SARAH LANSDALE, AICP DIRECTOR OF PLANNING RECEIVED BOARD OF APPEALS Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Brittman, Joseph & Elizabeth Davy (Barbara) & Farrell (Elizabeth) Moeller, Richard & Norma 6522 6523 6524 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 RECEIVED FORM NO. 3 NOTICE OF DISAPPROVAL DEC ~ 8 2011 BOARD OF APPEAL~~2~- DATE: October 3, 2011 Amended: Dec. 22, 2011 TO: Joseph & Elizabeth Brittman 23 Jerome St. Smithtown, NY 11787 Please take notice that your application dated September 16, 2011 For permit for an accessory garage at Location of property 80 Glenn Road, Southold, NY County Tax Map No. 1000 - Section 78 Block~2 Lot 11.3 ls returned herewith and disapproved on the following grounds: The proposed construction of an accessory, garage is not permitted pursuant to Article IIL Section 280-15. In the AC & Low Density Residential... Districts, accessory buildings and structures ... shall be located in thc required rear yard subject to thc following requirements: C. Such buildings...shall not exceed 750 sq. fl. on lots 20,000 to 60,000 sq. ii.. As indicated on the survey, the proposed accessory garage is 864 sq. fi. Also, per Article 1II, Section 280-15,F, "In the case of waterfront, accessory buildings may be located in the fi'ont yard, provided that such buildings meet the front yard principal setback requirements...' The required front yard setback is 40'. The site plan indicates a 33' front yard setback. Also, per Article XXII, Section 280-116B, "All buildings or structures located on lots upon which a bulkhead...exists.., shall be set back not less than 75' from the bulkhead." The site plan indicates a setback from the bulkhead of approx. 54.5'. l~ermit Examiner *Amended based upon new site plan received December 21,2011. FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED ~,,~,-' Nov BOARD OF APPEALS DATE: October 3,2011 TO: Joseph & Elizabeth Brittman 23 Jerome St. Smithtown, NY 11787 Please take notice that your application dated September 16, 2011 For permit for an accessory garage at Location of property 80 Glenn Road, Southold, NY County Tax Map No. 1000 - Section 78 Block2 Lot 11.3 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory garage is not permitted pursuant to Article III~ Section 280-15. In the AC & Low Density Residential... Districts, accessory buildings and structures ... shall be located in the required rear yard subject to the following requirements: C. Such buildings...shall not exceed 750 sq. i~. on lots 20,000 to 60,000 sq. ff.. As indicated on the survey, the proposed accessory garage is 864 sq. ft. /~ermit Examiner Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. {~ 0 Street ~/_~'M,q ~F), Hamlet SCTM 1000Section3 ? Block 0_~_Lot(,) Il' '::5 Lot Size~..C0~r~'Zone I (WE) APPEta~THE WRITTEN DETERMINATION OF THE BUILDING I15SPECTOR DATED /O BASED ON SURWY/SlT PLAN DATED Applica nt(s)/Owner(s). ~"-~ 14 n.-- L.[~.~ ~'~-=_."-~ Va I 'F'7-1~ NOTE: In ad~tio~to the above~ please complete below if application is signed by applicant's a*torney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: P. le. as,~lfieck to specify who you wish correspondence to be mailed to, from the above names: (0/~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY.THE .BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN. DATED q/! ~/~.O~1 { and DENIED AN APPLICATION DATED ~ (6..~l~ildin g Permit t ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by n um~i~-s. Do not quote the code.) ,~ ,,_ Article: /'~-L~-~ection: o~(~0 Subsection: ],.5 o~- ~ {~ ~/. 1~' ~ Type of Ap~peal. An Appeal is made for: (~0' 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 (~9/has, ( ) has not been made at any time with respect to this property., UNDER Appeal No(s). ~'/z_g" Year(s). q~ ~,~h/I..g &/go/z~oz... (Please besure',o research before completing this question or call ottr office for assistance) REASONS FOR APPEAE'-{additional sheets may be used with preparer's signature): RECEIVED ey.(Please be su ) Signatu'~/~ of Appellant or A (Agent muD Sworn to beforeime this day ~ uthorized Agent written Authorization from Owner) AREA VARIANCE REASONS: BOARD OF APPEALS (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ~'~ (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: e Ii q sted is not substantial because: a (4) The variance will NOT have an adverse effect or impac&~ plh~y~ig o~r en~'~'r~n~ in the neighborhood or ~strict because: .~- (5) Has the alleged diffieuIW been self-created? ( )Yes, or (~o. Are there Covenants and Restrictions concerning this land: (No. ~ Yes (please (urt{ish copy). This is the MINIMUM that is neeessa~ and adequate, and at the same time prese~e and protect the character of the neighborhood and the health, safety, and welfare of the eommuni~. Chec~ this box ( ) IF ~ USE VARIANCE IS BEING 'UESTED, ~D PLEASE COMPLETE THE ~ ~ CHED USE ~RI~NCE SHEET: Andrew Walker NYS DEC SUNY at Stony Brook 50 Circle Road Stony Brook, New York 11790 December 5, 2011 Dear Mr. Walker, Thank you for the informative, candid dialogue today in review of our application #1-4738-01877/00010. As we discussed: 1) Due to our property being a corner lot we are restricted to 40' front yard setbacks by the Town of Southold. Therefore when the garage was designed, to maintain the 40' setback it resulted in the back edge of the proposed structure being 45' from the tidal wetland edge. As you can see on the property survey, our home has several points that are 50' from the wetland edge. We will make every effort to pursue a 33' front yard setback variance from the Town of Southold. It is our hope that the additional 7' for a total of 52' from the wetland edge will be acceptable to the DEC. This change in setback from the street will then be consistent with the 33' setback facing Glenn Road (#1-4738-01877/00005). 2) The proposed dry well was based on a two inch rainfall calculation put together by our surveyor. We are willing to install an additional drywell if the DEC determines this would be beneficial. 3) The work related to #1-4738-01877/00007 has been completed and there is a 15' non turf buffer in place comprised of beach grasses. Please see the included photographs. We have decided not to install the seasonal ramp/float. 4) Please note that our surveyor is updating the survey to reflect the 15' non turf buffer, the tidal wetland boundary, the additional drywell and the new proposed location of the structure. 5) Again, as discussed today regarding the steps and balcony area. The landing and balcony above are 50sr. While the proposed plan and prior photographs suggest an area larger, this larger footprint of 113sf also includes the steps which were required by the Town of Southold. The steps are permeable with 3/8" spacing between unfinished boards {no paint). The steps are not on footings or foundation. Our history as waterfront homeowners reflects our commitment to the environment and local flavor of our town. We have given careful consideration as to the size of our garage, its location placement on the property, its barn style construction and accompanying plantings and vegetation. Sincerely, Joseph and Elizabeth Brittman 23 Jerome Street Smithtown, NY 11787 Cc Kendall P. Klett APPLICANT'S PROJECT DESCRIPTIONRECEIVED (ForZBARefereace) NOV 9 2¢ i I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: .-~"~ Dimensions of new second floor: 0 Dimensions of floor above second level: O Height (fi.om finished ground to top of ridge): 2.. ~-.' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Iq 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 Wi'IH Alterations: 9rt - Ut, u,m,nm_ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: . 4'- ~'~4 ~ Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your laud an~_d how it rela~sto the difficulty in meeting the code requirement(s): ~.oO~ .~o~~ -iiq~ j~' / , . cu~r( ~lrq 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 premise/Misted on the real estate market for sale? Yes v No Are there any propo~als to change or alter land contours? NoV',Yes please explain on attached sheet. NOV 9 2011 BOARD OF APPEALS Authc 1.) Are there areas that contain sand or wetlan~l grasses? ~ ~) 2.) Are those areas shown on the survey submitted with this application? 3.) Is the prope.rty bulk headed between the wetlands area and the upland building area? x].~co L~,3~.~<~ ILL~ 4.) If your property contains wetlands or pond areas, hav~ you contacted the Office of the Town tru. stees for i!s d.etermination ofjurisdi~tinn?~Please confirlll status of your inquiry or apphcat~on with the Trustees: IQ ILL~t~'B"~o og~ ~"~pO.~ 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? ~ D 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? 1~ ~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~'-~ ~1) ------------------~T-I (N L ~ lot, ~,,~ ~-~) and the proposed use · (ex ex sting single family/, proposed: same with garage, pool or other) Io- 1- 1o11 signature and Date A~ENB,X c NR~! s a 11 STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FOX,ARD for UNLISTED ACTIONS Only O F APPEALS FART '1 · PROJECT INFORMATION { To be completed by Applicanl or Project Sponsor) 1.APPUCANT/$PONSOR 12. PROJECT NAME ICou~ 4. PRECISE LOCATION: Street AddssS amf Road Intersections, Pm~nenl landmerXs etc -o~ provide mso 3.PROJECT LOCATION: 5. IS PROPOSED ACTION: [~New $. DESCRIBE PROJECT BRIEFLY: r-~ Expanskm ' [] Medil~ca~on / alteration 7. AMOUNT OF LAND AFFECTED: Initla;y acres Ul~ata~ acres 8. ~LL PRO~ ACTION COMPLY ~TH ~1~1~ Z~ING OR O~ER RESTRI~IONS? ~Yes ~ NO rf no;des~be bde~; g. WHAT iS PRESENT LANO USE IN VICINITY O; PROJECT?' (Choose as many as apply.) [~"~,i6en.al [~],ndus~Ha, [~]Cemme~clal [~gricultura [--]Park/Fo~e./O.nSpace I'~ Oilier (desc~be) 10. DOES ACTION INVOLVE A/~ERMIT ,~tPPROVAL. OR FUNOING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FederaJ. state o¢ Local~._..~ [~Yes r-]No If yes, list agency name and permit / apploval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~]Yes ~ If yes, Iisi agency name and permit / appmva~: 1~S A R~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es L2.J NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iSTRUETO THE ;JEST OF My KNOWLEDGE Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 2011 PART tl - IMPACT ASSESSMENT (To be completed by Lead Agency) BOARD OF APPEALS C. COULD A~ RESULT IN ~ ~VERSE EFFE~S ~D ~H THE D. ~LL ~E PROJEO ~VE AN IMPACT ON THE E~ONME~AL C~C~RISTICS E~IRONMENT~R~ (C~)? E' ~' ~]RE UKEL' TO BE1CO'R~ER~ RE~T. TO POTE~ ~ER8, E~iRONME.~ i.AOT8? ~ "p~,: j P~T III - D~r;;NATION OF 8]GHIFIG~CE ¢o ~ ~m~ by ~e~) ' yes, ~ det~na~ of ~nir~ ~t e~te Name c/Lead Agency Print o~ Type Name of Responsible Orllcer In Lead Agency T[tle of Responsible OIficer Signature of Responsible Officer in Lead Agenc~ Signature of Preparer (if different Irom responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED(j~,~.~/ NO~/ 9 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 $00 feet of a farm opera[ion located in agricultural district..qll applications requin'ng an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~'~-O$~"T~ 2) Address of Applicant: 3) Name of Land Owner (if other than applicant): ' 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district? [~No []Yes If yes, Agricultural District Number 8) Is tills parcel actively farmed~ ~No E~Yes 9) Name and address of any owner(s) 'of land within the agricultural district contaimng 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 ~f Southold Real Property Tax System. Name and Address 3. 4. (Please t~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 . 765-1 ~'t~e Zoning Board of Appeals at 765-1809. 10 S~'~e of Applicant Date Note: 1. The local board will solicit comments fi-om the owners of land identified above in order to consider the effect of the proposed ectidh on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the I~cal board will be taken into consideration as part of the overall review of this application. 3. Copies of the compleled Agricultural Data Statement shall be sent by applicant and/or ~e clerk of thc 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 a~ted upon by the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM NOV 9 BOARD OF APPEALS e ofSouthold'sCodeo Eth' mhibi nflic fint onthe artoftownoffiee andem I ee~.Th f thi fo i idei il at' wh'chcanal to of ibleennfli oflnt an all itt lakewhateveraciiooi ne v 'd e. (Last name, first name,'middle initia~l, unless you are applying in the name of someone else or other entity, such as a comp~any. If so, indicate the other person's or company's name.) NAME 0F APPLICATION (Check all that apply.) Tax grievance Building Variance /~ Trustee Change of Zone ' Approval of plat Coastal Erosion Mooring Exemption from plat or official map Planning -- Other ( f Other', name thc act~v~ y.) Do you personally (or through your Company, spouse, sibling, parenh or child) have a relationship with any officer or employee 0fthe Town ofSouthold? "Relat onship' includez by blood, marriage, or business intemsL "Buslne~ interest" means a business, !ncluding a partnership, in ' ' wMch the town dfficer 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 _~'~ If you answered "YES", complete the balance of thls form and dale and sign where indicated. Name of person employed by thc Town of Southold Title or position of that person Describe the relationship between yourself(the applicanl/agenl,'representalive) and he town officer or employee. the appropriate line A) through D) and/or describe in the space provided. Either check The town officer or employee or his or her spouse, sibling, parenL o~ 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, pa~ner, or employee of the applicant; or D) the actual appllcanL DESCRIPTION OF RELATIONSHIP Form TS 1 Submittedth~ ~.- dayof HOUr, 200 ~oll Signature ~ ' -- Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM NOV 9 201! BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 '-/Ig - 0 I 1, '5 The Application has been submitted to (check appropriate response):~, Town Board ~ Planning Dept. ~Building Dept.~1_~ Board of~Tru~s~es 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent ofaction:"h Site acreage: 3 ~--; ~'-~) Present land use:_. ~I Present zoning classification: RECEIVE NOV 9 ?,,; BOARD OF APPEALS 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: TD.~ .C~"~ v.-'~LI'Z~A.~-W'A~'~, q_, (b, Mailing address: ~. "~ T_i~,LOb4.{~--~-' ~/k8 ,T'~'V'O~,o/~q~,, (c) Telephone number: Area Code ~3~- 757- Z%qt., 72_q~'%_70. (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~/ If yes, which state or federal agency.'?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of d~evelopment. See LWRP Section III - Policies; Page 2 for evaluation Wes [] mo [i o'&bp"eab'e- p,easeexp,ai.) 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 [~J Yes ~o ~ot Applicable - please explain) RECEIVED ~, ,~r~ Attach additional sheets if necessary NOV 9 ~0ii Policy 3. Enhanc,e/?isuai quality and protect scenic resources throughout LWRP Secretly. ~ Pages 6 through 7 for evaluation criteria the ~lq~[~ ~llt~i~.E~tCL~$ [] Yes Lq~ UlNo II~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy ~i~ Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Se[~,,llI ~_ les Pages 8 through 16 for evaluation criteria t~J Yes ~-~'No [] l~Not Applicable- olease 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 throug]l~l for evaluation criteria [] Yes [~o ~{~ot 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 eva~riteria. [] Yes ~o~ (Not Applicable- please explain) RECEIVED Attach additional sheets if necessary BOARD O~- ~k'EAL5 Policy 7. Protect ~Jnd 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. ~o ~(Not ~-~ Yes Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances~_ w~t~ee LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No I ~ (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,Ti~wn of Sout~ld. See LWRP Section III - Policies; 46 for evaluation [] Ye~N~ (Not )~li?able - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable I~s'~WRP Section III - Policies; Pages 47 through 56 for evaluation criteria, k~r~/ [] Yes L~J ,No ~ (Not Applicable- please explain) RECEIX/ED BoAKD OF h, PPEAL$ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary anF_~fv~Cs. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No L_~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evalua4ion criteria. [] Yes ~ No ~Applicable - please explain Atlach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II~f/olic~ges 65 through 68 for evaluation criteria. ~ Yes ~ No I~ Not Applicable- please explain BtJA~-- OF AppEALS BQAI~.D OF APPEALS ~ ~ ~ ~_ ~ ~WN OF SOUTHOLD PROPERTY RECORD CARD .~- /~- ~ o R ,~ ' N E ' ~ · ~ ~ R~. ~ S~. V~ .>~. FA~ C~ CB. Ml~. ~. Val~ IMP. ~TAL DA~ REMARKS LAND /ZOO Tillable 3 Woodland Brushland House Ploe FRONTAGE ON WAY FRONTAGE ON ROAD DEPTH BUSHED ~)LOR NOV 9 2011 Porch Breezeway :;Z,5-X -5~, =' T~al I PC l~th J ~ JBasement /~ 0 Flor, ' 6 ~ Walls Fire Ploce Roof · Interior Finish Heat Rooms 1st Floor Rooms 2nd PROPERTY I~ORD CARD '""="TO CARD [000 - I ow~r s~r /,_..~? VlU~£ suB. N E ACIL ,:t ~"'1'~ ( S W TYPE Of BUILDING RES. SEAS. VL. ,~// FARM ICOMM. CB. MISC. Mkt. Value LAND IMP. TOTAL lDATE REMARKS ~r APP'-ALS AGE BUILDING CONDITION N~v I NORM,ad_ BELOW ABOVE FARM Acre Value Pe~ Value Acre Tillable 1 Tillable 2 Woodland Swampland Brushland House Plot' Total FRONTAGE ON WATER FRONTAGE O~ ROAD DEPTH BULKHEAD 11/82/2811 13:23 6317659064 ZONINGBDOFAPPEALS PAGE: 03/04 CEIVED NOV 9 20!1 BOARD OF APPEALS CERT~p~CATg O~ OCCUPANCY 09/10/04 THIS C~KTXFI~S tbac tb~bu/ld~n9 ADU~TION ~ ~ati~of ~o~e~y~ ~ 80 GL~D ,, . SO~0~ (HOUSE ~,) (ST~) C~ T~p NO. 4~88~ 8~i~ 7~ Blouk~ S~visiom Fil~. ~t congo,s s~ata~tially to the Application ~o~ Building ~er~ he~etofo=e ~iled in ~s o~fi~ ~ed ~Y L 2002 ~ldi~ P~t No. 2~600-,~ ~t~ ~LY 2~r 2002 was i~ued, and COnEo~e to all o~ the re~r~en~s o~ =b~ applicable provisio~ o~ ~he law. ~e ocoup~cy for which this certifi~at~ ie i~sued ~ c~ficate is i~ to 30S~ & ~IZ~ BRI~ __ (O~R) o~ the afo~said buil~9. SLE~C~L CR~TXFXCAT~ ~O. 69347C o8/~0/o~ ~ CERT~CATIONJOAa'~.u Rev. 1/81 11/82/2811 13:23 6317659864 ZONINGBDOFAPPEALS ~Abl~ uq/~q ~GHH EOo 4 O£~lce O£ the aulldLng Town Hall NOV ~ ?~ ;I BOARD OF APPEALS THIS CSRT~Fz~g that the bu£1dieg ALTBEA~XC~ &ADDXTXON -- ~ocet£on of p~Opa~yt 8~,, ~LBIf~ ~D $oUTHOLD (HOU~SE NO.) (S'ZI~D~! (flAHLZ~) county Tax Hap NO, 473889 8a~c£~rA 78 , . Block2___. Lot 10 FLied Hap No. ,- LOt NO. __ 8u~d~vim~on _ '- oon£oL~a sube28ntLal~Y to the Appl£ca:~on for BuXldinq pe~n£t he~ato£ore Hul~ding pe~mi~ Bo. 28174-~ dated SB?~BI4~BR 14 1998 p~ovLeione of the law. Tho occupancy fo~ which this ceL~c£ficate £l ls~cd iS RBNOV~TZON A~D DF~-A I~IDXTXOW TO ~X$TZN0 ONE FAHZLY X~G AS The co~tl£1cata is Lsaued 2o ~-~0~ & ELXJA~T~ BRZT~4AN of 2h® atores&£d build£nq. 8UFFOLIq CO~NT~ ~EpAR~IHT Of I~ALTH A~eRoVAL N/A . EI~CTRXCAL CBRTXFXGATB I~UI~BHI~9 CERTZFZCATI~ DATED N/A Rev. 11/82/2811 13:23 $317659064 ZOHII'~BDOFA°PEALS PAGE 81184 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT O~fice of the Bulldln~ Inspeeter Town Hall Southold, N.Y. NOV 9 2011 BOARD OF APPEALS Certificate Of Occupancy THIS CERTIFIES that the budding, ~e. qgP~..(~P.°.r. ............................... 80 ''Olen Road 3ou%bold Location of Prope~y 3~ 1 ~ BayvieW Road .................................................. Co~ Tax Map No. I000 Se~ion ,..07~ ...... Block ,, .qB .......... ~t .... Q~P .......... 5ubdi~s~n .~q~ C.~ ~sta.tqs ..... Filed Map No, ~8...L~No. 1. confo~ subs~nt~ly ~ 01e AppU~tion for BuQ~g hit ~of~ fll~ in ~ o~ dasd ~ebruar~ 23 19.7.~ present to w~ B~gPo~it No ..................... dated FebPuar.~ ~3 ~ 9 .? 7., was iss~, and eonf~s to aH of the ~menta of the app~cabte pmvis~ons of tho J.~w. ~e o~noy for w~b t~s ~t~te ~ ~u~ is ......... ............... ~L~A~, PAT~R, ~. ~OAN Suffolk County ~par~t of H~ App~l ..... ~./.~ ................................. UNDERWRITERS CERTIFICA~ NO ................................................ Building Inspector R~,. 1111 6317659064 Z~INGBDOFAPPEALS TOWN OF SOU1310LD BUILDIlqeG Town Clerk's 0mee Se~lmld. lq. Y. PAGE 02/0~ ' RECEIVED BOARD OF APPEALS Certificate Of Occupency Dam ........... Feb... ~ ....... , 19..77 No. 'Z?~;:)3 ..... THLS CE:RT]I~S that ~ b~g 1~ ~ ~le~ .R~. & .~ow. ~.. S~ Map No~eo~ .~. g st B~ No ........... ~t No. , 't" ' S~ld .... ~ ,Y'~ ........ ~o~ subst~ ~ ~ A~lica~on f~ B~l~ng P~t h~fo~ ~ ~ ~ ~ dat~ .............. ~.. 21 19. ?~ p~su~t ~ whi~ B~g P~t No..699~. da~ ........... ~ov-.~t .... , 19. ~.~, was ~, ~aa ~o~ ~ ~ ~ ~ ~ men~ of the appl~able p~i~ ~ ~e law. ~ ~ for w~ th~ ce~ff~ is of ~e ~or~d ~g, ._~~~~o ~ used fo~ p~pe~atio~ of ~ .~o~ 0R ..... eoa~t~ 'by' ~f~'~i~' U '~t~ 'of ass, ~~~r!!A~ S~i0~S ~ ~0 ~7~ ......... APPEALS BOARD MEMBERS Gerard P. Goelu'inger, Chairman Lydia A: Tortora 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 hap://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5125 - J. ~n0 E. Brittro~n. Locaiion of Property: 80 Glenn Road. Southold; Parcel 78.-2-10. BASIS OF APPLICATION: Building Departmeut's March 6, 2002 Notice of Dianpproval for the re~son that applicants' proposed additions, for the reason that the front and mr setbacks will not conform to the ~,oiting code p~ovisions. AREA YARI~?C~E REQUE~ST_ED: Applicants are requesting a Variance under Section 100-244B for a propo~e~ kddit~0h and aite. J'afi'ans to the existing dwelling. Thc proposed additions are 25x36' and 7x7' in size, with setbacks proposed at 32 ft. from the front line facing Glenn Road, 38 ft. from the essterly lilIc facing ~ drainage are~, and 53+- ft. from the mean high water line to the south. FINDINGS OF FACT The Zoning Board of Appeals held a public he~riag on this application on June 20, 2002, at which time written and oral evidence was presanted. Based upon all testimony, documentation, personal inspection of the propert3, and the area. and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the south side of Glenn Road in West Creek EsPies;. Sguthold. The property is 23,375 sq. ft. in area with frontage alang two streets, [22.26 feet along Main Bay~iew Road and 170.31 feet along Glenn Road, and frontage along the canal at the south corner of the property as shown on the March 23, 1998 survey prepared by Peconlc Surveyors. P.C., revised January 17, 2002. The lot is improved with a 1-1/2 story frame house and garage. RECEIVED NOV 9 2[~1 BOARD OF APPEALS Page 2 - Ju~ ZBA Appl. No. 5L~5: J. BOARD OF APPEALS 6, Gra~t of the requesled vartan~ i~ th~ ~k~mUm a~oa ne~e~su~ a~d ~quate to easte ~pli~ t~ e~ the b~eflt of Vo~ of the Board: A~: Membe~ ~hdnger (Chef--arian waa rard P. ~hd~ger, Ch alan TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20__ Approved 20 __ Disapproved a/c t~ltl]tl tZL/ Expiration ., 20 SEP I 6 2011 BLDG. DEPL TOWN OF SOUTHOLD PERMIT NO. RI::CEIVI~IDiLD~G PERMIT APPLICATION CHECKLIS l~. you have or need the following, before applying NOV 9 2011 , ,N?~A/ Board of Health .., i ~ ~6 ~." 4 setsofBuildingPlans~ BOARD OF APPEALS Planning Board approval ~, ~ i . Survey. Check Septic Form N.Y.S.D.E.C. Trustees · . Elood'Permit Singl~ & Separate Storm-Water Assessment Form Contact: Mail to: Building Inspector :ATION FOR, BUILDING PERMIT Date INSTRUCTIONS ¢ 5 ,20 / / a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing looation of lot and of buildings qn premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. N'9 building shall be occupied or used in whole or in part for any purpose what so ever tmtil the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. Ifuo zoning amendments or other regulations affecting the property have been enacted in the interim, tbe Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new pen-nit shall be required. ~, APPLICATION IS HEREBY MADE to the Building Department for the issum~ce ora Building Permit pursuant to the Boilding Zone Ordinance of the Town of Southold, Suffolk Connty, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordirrances, building code, I}ou~i~de, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ ) ' ~_~nature of applicant or name, ifa corporation) (Mailing address of app]ica~t~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~l-(~K _&-x> ua - ~ t_.12_~lf~W.~'~. ,'r'FCel4r,1 (As on the t~ roll or latest deed) If applic~t is a co~orati~n si~atme of duly anthohzed officer ~me ~'~1~6~ Oo~orate officer) Bmlders Lmense~¢., ..:`. Plumbers License No. Electrici~s License No. Other Trade's License No. 1. Location of land on which proposed work wili'be done: House Number Street County Tax Map No. 1000 Section q ~x Block ~,~ Subdivision Hamlet Lot Filed Map No. State existing use' and occupancy of pre,4nises and intended use and occupancy of proposeaR~Eo[~r~ a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building ~tl2,e~,~" Addition Repair Removal Demolition Other Work 4. Estimated Cost L~ ~) . 0130 Fee 5. If dwelling, number of dwelling units If garage, number of cars BOA ~2, D OF Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 7. ,' Dimensions df existing structures, ~f any: Front Rear ' Irl~i~jht !' Number of Stories Di~ensi"offs o{' same structure with alterations or additions: Front Depth Height Dimensions of entire new construction: Front '~ ~ . Height ?.. ~ °. Number of Stories If business, commercial or mixed occupancy, specify nature and extent of each type of use. Depth . ';Rear Number of Stories Rear:' 3 fo De!~ih. '2,'q 9. Size of lot: Front 3~.',,~'0 3 '1~ Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 12. Does proposed constrd~tion violate any zoning law, ordinance or regulation? YES __ NO 13. Will lot be re-graded? YES NO ~J. . Will_ :~._.excess ..... fill be removed from premises? YES__ NO 14. Names of Owner oi' premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES ~// * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES v' NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17 If,el. ey.a[ion at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO v/ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF (Name of individual signing contract) above named, (S)He is the being duly sworn, deposes and says that (s)he is the applicant CONNIE O. BUNCH Notary publl~, State of ? York No. 01BU81850~0 (Contractor, Agent, Corporate Officer, etc.) Qua Ifled In ,~olk Cotlnty Commission Expires Aprf 14, 2~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief', and that the work will be performed in the manner set forth in the application filed therewith. 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, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 14, 2011 Zoning Appeal No. 6522 Transmitted herewith is Zoning Appeals No. 6522 for Joseph & Elizabeth Brittman- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Pages of Photos of Property, Three Pages of Property Record Card, Copy of Certificate of Occupancy No. Z-29700 for Alteration & Addition with Second Floor Balcony and Covered Landing Dated September 10, 2003, Copy of Certificate of Occupancy No. Z-26782 for Renovation and Deck addition to Existing One Family Dwelling Dated November 10, 1999, Copy of Certificate of Occupancy No. Z11845 for Second Floor Completion for an Existing Dwelling Dated August 16, 1983, Copy of Certificate of Occupancy No. Z7533 for Private One Family Dwelling Dated February 23, 1977, Copy of Findings and Determination No. 5125 for Proposed Addition Dated June 20, 2002, Notice of Disapproval from the Building Department Dated October 3,2011, Copy of Application for Building Permit with Disapproval Dated October 4, 2011, Copy of Survey Showing Existing and Proposed Construction Dated October 23,2011 Prepared by Nathan TaR Corwin III Land Surveyor, Eight Pages of Plans Showing Elevations, Floor Plans and Section Details Prepared by Barn Pros, Inc. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-10-11 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6522 BRITTMAN, Joseph & 1209 $500.00 RECEIVED Elizabeth Sot ~thold Town Clerk TOTAL $5oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES JOSEPH M BRITTMAN ELIZABE'~rH $ 8RITTMAN 23 JEROME ST SNIITHT~WN, NY 11787-573~ FIDELITY CASH RESERVES 1209 /1-~-/I ..--.,,o,, Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/10/11 * * * RECEIPT * * * ReceiptS: 116274 Transaction(s): 1 I Public Events Reference Subtotal 6522 $500.00 Check#:1209 Total Paid: $500.00 Name: Brittman, Joseph & Elizabeth 23 Jerome Street Smithtown, NY 11787 Clerk ID: CAROLH Internal ID: 6522 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-29-11 ZBA # NAME OF CHECK # AMOUNT . TC DATE APPLICANT STAMP ADDITIONAL FEE FOR AMENDED/ADDITIONAL 6522 BRITTMAN, Joseph 1212 VARIANCES $1000.00 TOTAL $1ooo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES JOSEPH M BRITTMAN ELIZABETH S BRITTMAN 23 JEROME ST FIDELITY CASH RESERVES SMITHTOWN. NY 11787-5738 DATE UMB Bank 1212 ITown of Southold P. O Box 1179 Southold, NY 11971 Date: 01/03/12 * * * RECEIPT * * * Receipt/t: 119214 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6522 $1,000.00 Check#: 1212 Total Paid: $1,000.00 Name: Brittman, Joseph & Elizabeth 23 Jerome Street Smithtown, NY 11787 Clerk ID: LINDAC Internal ID: 6522 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · IZO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY t 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: December 1,2011 To: Jill Doherty, President Board of Trustees From: Leslie Kanes Weisman, Chairperson Board of Zoning Appeals RE: Variance application, Brittman #6522 80 Glenn Rd., (comer Main Bayview) Southold SCTM#1000-78-2-11.3 Prior to the Zoning Board making a decision on this application, we would like to have comments from the Trustees. The applicant is scheduled to appear before the Zoning Board again on January 5,2012, and we would like the information prior to that date. Thank you. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehdnger George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2, 2012 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 1 t 79, Southold, New York 1197t-0959, on THURSDAY~ FEBRUARY 27 2012: 10:00 A.M. - JOSEPH and ELIZABETH BRITTMAN #6;~ - Request for Variance from Article III and Article XXlI, Code Section 280-15, 280-15F and 280-116B and the Building Inspector's October 3, 201t, Amended December 22, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., 2) less than the code required principal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code required bulkhead setback of 75 feet, located at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2-11.3 (adj. from PH 12/1/11, new notice of disapproval) 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: January 9, 2012 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BRITTMAN, J. & SCTM #: 1 000-78-2-1 1.3 # 6522 VARIANCE: SQUARE FOOTAGE OF BLDG. BULKHEAD & YARD SETBACK REQUEST: ACCESSORY GARAGE DATE: THRUS., FEB. 2, 2012 10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 January 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday February 2, 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 January 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al__~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.clements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant]agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before January 3'1, 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, #10530 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APla~.ALg Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 19th day of JanuaryI 2012. Sworn to before me this 1__ week(s), successively, commencing on the LEGAL NOTICE -- SOLr/HOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 2,2012 PUBUC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town ~f Southold, the foIlowing public hear- rags wffi be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY FE~. RUARY 2. 20t :~ 10:00 A2M.. JOSEPH and ELIZA. BETH BRFFFMAN #6522 - Request for Variance from Article III aod Article XXII, Code Section 280-15,280-15F and 280-116B and the Building Inspector's October 3,2011,Amended December 22, 2011, Notice of Disapproval baaed on a building permit application to construct an accessory garage, at: 1) more than the code required me.mum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., 2) less than the code required prin- cipal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code required bulkhead setback of 75 feet, lo- cat e:d at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2- 1 !.3 (adj. from PH 12/1/11, new notice of disapproval) Carryover Hearings, continued from prior meetings and pending additionM information: Adjo~xned from Pubfic Hea~ng Jan- terat~ons !o existing shed and deck, at 1) Principal Clerk quest for Variance from Article XXII, Code Section 280-116B and the Build- uig Inspector's December 15, 2011, No- tice of Disapproval based on a building permit application to construct addition and alteration to a single family dwell- ing, at: less than the code required rip- rap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cmchogue, NY. Req~st for Varina~ fram Arac~ IV, Cod~ Section 2~0-18 aad the Bnild~ng Inspector's December 15. 2011, Notice of Disapproval based on a building per- mit application to construct a carport addition to a single family dwelling, at: 1) side yard setback less than the code required 15 feet, located at: 220 Broad- waters Road (adj. Broadwaters Cove) Cotchogue, NY. SCTM#1000-104-10-7 ticie III Code Section 280-13(C)4(b) and Article XXII 280-105A, and the Building Inspector's December 20, 2011 Notice of Disapproval based on an ap- plication for building permit to build a vacant lot, at: 1) use of a tennis court is not permitted on a vacant lot (without a principal dwelling), 2) tennis court fvmce at more than the code required maxi- ~d at: 9105 Skunk Lane (adj. to ~ Creek, dredged canal) Cutchogu~ NY. - Request for Variance from Article llI Code Section 280-15 and 15(C) and the Building Inspector's November 29, 2011 Notice of Disapproval ba~ed on an application for building permit for an accessory in-ground swimming pool and accessory garage; 1) accessories are proposed in other than the code re- quired rear yard, 2) proposed accessory garage at more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. R, locat~l at: 1800 Westphalia Road Mattitock, NY SCTM# 10(10-114-7-12.3 r~ 2012. ~ - Request ~)~.~c~overage more than the code ~ mlmimum, located at: TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of ! (Name of AppJicants) SCTM Parcel # 1000- ~ ~ - ~_. - AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: Onthe [.'~ dayof ~--/'3-~-~ ,20~ ,lrI personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) Coumy Real Property Office for every property which abuts ~ross a public or private street, or vehicular right-of-way of record, surroundings property. ((Signature) S..v/om to before me this "(N°tary Public) Qualified in Suffolk County (~lffimlssion Expires Sept. 1~'/~0/~,'~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot ntumbers next to the owner names and addresses for which notices were mailed. Thank you. m Posta~ $1.08 0731 CeWaled Fee $2.~ O~ ~ (E~o~ment R~ui~) ~.~ Hem ru Postrn~rk $2.30 H~ $ J6,23 01/13/2012 · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, Article Addressed to: [] Agent [] Addressee D. is delivery address different fiorn item 17 If YES, enter delivery address below: [] No 3. Sen/ice Type [] Ce~ified Mail [] Registered [] Insured Mall [] Express Mail [] Retum R~caipt for Merchandise 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7011 1570 0002 3316 8863 (Transfer from sen/ice ~abel) PS Form 3811, February 2004 Domestic Rctum 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 return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 0/,Z a c /?a $o, / 2. ACicle Number (Transfer from service label) [] Agent [] Addressee C, Date of Delivery D. Is delivery eddmss different from item 1 ? [] Yes if YES, enter delivery address below: [] No [] Certified Mail [] Express Mail [] Registered [] Rctum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivew? (Extra Fee) [] Yes 7011 1570 0002 3316 8887 PS Form 3811, February 2004 Domestic Return Receipt t02595-02-M-1540 $~.~0 $ $6.2~ 0~/13/2012 FU 0731 0731 01/13/2012 s $1,~ 0731 $2.~5 06 $2.30 L ~.23 01/1~2012 ~ I-" '_:__ _~...~ _~._~S_E .................................. *--*-t ~-~t:~:; ....... ____~ ~ ~=_~_._~.~,- ..................... $1.~ 0731 $2.~0 _$ $~.23 01/111/2012 tLC - TOWN OFSOUTHOLD ZON~G 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 SCTM Parcel #1000- '1 ~- 'Z.--, I ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the I q~-B~ day of ~--A-'-~ ,201 >_, 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 Sworn to before me this ,'~ Dayof .~/~ , 201d-~ (Notary Public) (Signature) Notary Public, State of New York No. 01CA6064023 Qualified in Suffolk County ~ ~ ~3ffimlsalon Expires Sept. 17. 20/~,, * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. AJso complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: $ [] Agent [] Addressee B. Received by ( Pdnted Name) I C. Date of Delivery D. IsdeliveryeddressdifiemntfTomlternl? [] Yes If YES, enter delivery address below: [] No I 3. Sewlce Type [] Certified Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2' ' 011 1570 0002 ' PS Form 381~1, February 2004 ...... Domestic Return Receipt 1025GS-02-M-1540~~, ' -- · Complete ltemed, 2, and3, AJsocomplete tA. Si~ /'"') .~' Jtea~4df R~stricted Delivery is desired. ~ '~ ~") /~J~ · Prtnt your name and eddmss on the reverse ( .~ ,~,4-{0 ~,(jf. so that we can return the card to you. B Received b 'Pr/nfe-'N or on the front if space permits. ~ D. Is delivery address different f~, ~;rnl? []Yes~ · [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 2. Article Number 7 0 l (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery ia 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 mailpisoe, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer fTom service label) i. PS Form 3811, February 2004 L-'l~Agent D. Is delivery address different florn If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 7011 1570 hhll~h~,l~d~h,llhl,lp. · Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery Is desired. · Print your name and address on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiane, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from se~ice labe0 [] Agf ' Received by ( P~fnted Name) If YES, i~n~r d~livery address below: [] 3.~ [] Certified Mail [] Express Mail [] Registered [] Return Receipt fo~ [] Insured Mall [] C.O.D. 4. Restricted Dellve~ (Ex'ha F~e) 7011 1570 0002 3316 8870 PS Form 3811, February 2004 Domes'dc 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 return the card to you. · Attach this card to the back of the mai~piece, or on the front if space permits. 1. Article Addressed to: ! 1777 ,addressdifferemfromltem 17 [] ¥ address below: [] No Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. Restllcted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) 7011 1570 0002 3316 8849 i PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1~/0 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 10, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 NOV 2011 Re: ZBA File Reft No. # 6522 1000-78.-2-11.3 Dear Mark: We have received an application for an accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesl¢ ~Veisnfin Char ~ Bye,,. ,, u Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 November 10, 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 it 6522 Owner/Applicant: BRITTMAN, Joseph & Elizabeth Action Requested: Accessory garage. Within 500 feet of: ( ) State or County Road (X) 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. Les[je~eisman By: 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 Sbuthold, 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY 5, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on ~ IJARY 5.2012: · 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- _BETH BR1TYMAN g6522 10:30 A.M. - DAVID MOORE g6515 10:45 A.M. - PATRICK and DIANE 11:00 A.M. - BRUCE and ELIZA- BETH and DONNA COLLURA g6527 - Request for Variance from ~rticle XXlll Section 280-124 and the Bgilding Inspector's N'ov~mber 4, 20tl NoQce of Disapproval bas~6 0n an applica}~6n for building pem~i[ fo~ a deck;~ifi~n l0 a single family, dwelling at: 1) less than the code required rear yard setback of 35 feet, located at: 170 Manor Road, (corner Gillette Drive and East Gillette Drive) East Marion, NY. SCTM#1000- 38-3-1 11:20 A.M. - DOROTHY and STE- FAN KOTYLAK #6529 - Request for Variance from Article II1, Code Section 280-15, and the Building Inspector's No- vember 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an accessory garage, at: 1) more than the code re- quired maximum square footage of 660 sq. ft. on lots up lo 20,000 sq. It,, located at: 280 Pine Wood Road, Cutchogue, NY. 11:40 A.M. - THRESHOLD BLUE, 1LLC fSoa~klin~ Pointel g6526 - Re- quest for Variances from Articte XV Code Section 280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for building 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 ~rom prior meetings and pending additional information: Adjourned from Public Hearing De- cember 1, 2011 _1;00 P.M. - HERNAN MICHAEL OTANO ~6525 1: OP. -LO I an ELIZ ET MASTRO # 6830 - Request for Varianc- es from Articles XXII and XXIII Code Sections 280-116(B) and 280-124, based on an application for building permit 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 o~ 25 feet, 4) less than the code required rear yard setback of 35 feet, at: t595 Bayview Avenue, (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5 9. ~NNE/MI~2HAEL SELWYN. as ten- ~nl~in;c~minon and JANE GOLDEN #6528 - Request for Variance unde~ Ar- [~clg ~ Section 280-18 and the Building li~d[~?s May 24, 2011, updated No- vember 22, 2011 Notice of Disapproval based on an application for building pe~ mit 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) al ]ess 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 T~ree Principal Clerk day ,, .~K2J:) 11. ~ i'*",¢,'PH ¢, 'COL NSKI [~ OF NEW YORK 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 SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 1, 20tl PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1 t79, Southold, New York 11971-0959, on THURSDAY~ DECEMBER 1 ~ 2011: 11:40 A.M. - JOSEPH and ELIZABETH BRITTMAN #6522 - Request for Variance from Article III, Code Section 280-t5 and the Building Inspector's October 3, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 20,000- 60,000 sq. ft., located at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000- 78-2-11.3 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.Tot h~,Town. Southold.ny. us. Dated: November 10, 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 November 10, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,December 1, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 16th: 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than November 23rd: 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 November 23srd: 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 29, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BRITTMAN, J. & E. # 6522 SCTM #'. 1000-78 2-11.3 VARIANCE: SQUARE FOOTAGE OF BLDG. REQUEST: ACCESSORY GARAGE DATE: DECEMBER 1,2011 11:40 AM If you are in.terested in this project, you may review the file(s) prior to the hearing dur, ng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS:' COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in 1__ week(s), successively, commencing on the said Newspaper once each week for 17th day of November1 2011. Sworn to before me this ~ Principal Clerk ~ ,N- 2011. damon) THURSDAY l~E~R 1, 2011 NOTICE IS lH~R~BY GIVEN, p~ Town ~de Chapt~ ~pector's Octobe~ Road) ~t~ogu~ October 3, 2011, No~ of D~appmvai square footage of 750 sq. ft on lots 20.000-60,000 sq R.. located at: 80 Glenn Road (Main ~¢2wiew Road) Southold, NY. SCTM#1000-78-2-11.3 12:00 P.M. - RICHARD G. and NOR- for Variances f~om Art. XXII Section 280-116A(1) and Article XXIII Section 2.80-124 a~d the Building Inspector's November 1, 2011. Notice of Disapprov- al based on an dpplicatmn for building permit for as built deck addition, at; 1) from top of blu~, 2) less than the code required side ~ard setback of 10 feet, located at: llS~Aquaview Avenue (~dj. to Long Island Sound ~ East Marion, NY. la~0 ~M. - TK ALPHA. LLC. #6521 - Requeat for Variance from Arucle X Code $~e,t!on 2110-46 (B_u, lk Schedule) and t~ ~ilding Inspector s October 31, ~011 Notice of Disapproval based on an yard ac*back of 10 feet located at: 535 Pike St.. aka Raikoad Ave.. Mattituck. N~ $CTMIfl000-140-2-20. ~ - Reques~ for Variances from Pra~i¢le~ XXIII Code Section 280- 123. At'dele ~ Section 380-116 and the Building hispector~ October 14, 2011, am~n~eO October 18, 2011 Notice of,~pr{~-bazed on an application. ~f tSixil~ng'~rmtt for demolition c. aa~mction~f a new dwellint~ at; ~} mm~mformit~g building containing a r~neo~orm~ us~ shall not be enlarged, reeom~ctg~ structurally altered or m'ov~fl~ uiii~s~ such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, lo- cated at: #5 Breezy Shores Comm, lac., Sage'Blvd. (adj. tO Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The Board of Appeals will hear all hag to be heard at each heating, and/or before the conclusion of each heating. designated above. Files are available for and prior to the day of the hearing. If office at, (631) 765-1809, or by email: Dated: November 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vicki Toth 5437S Main Road (Office Location) $309S Main Road (Mailin~USPS) P.O. Box 1179 Southold, NY H971-0959 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01 .VC'610.5050 TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of BOARD OF APPEALS AFFIDAVIT OF MAILINGS - ~ (Name o f Apl~li,cants) SCTM Parcel # 1000- "/~ o 2 - ~, [. '~ COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: St' Onthe }~[~dayof ~00. , 20 / /, I personally mailed at the United ares Post Office in ~ ~ t~, ~ ¢'~ ~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private s~eet, or vehicular right-of-way of record, surroundi~ Sworn to before me this day offlq ov'~-~-,,x],~-4, ,20 / ? (Notary Public) t's property. (Signature) CONNIE D. BUNCH Notary Public, State o~ New Yon~ No. 01BU6185050 Qualified In Suffolk County Commission Expires April 14, 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. m 133 Postage Certified Fee i--1 r,- I._o_r. LO. ~__~ _..~_ __ .?..3__../f..?.d/~.g~.~r.W. e:~.,/'~..: ........... ~.. ,~T~~' ~ ....... m postage $1,08 -'- m Cerbfied Fee ~¢~ nj $~.8~' 17 P~mark C3 (Endorsement Required) $2 · ~0 1~3 (Endorsement Required) $0.00 M3 Total Postage & Fees $ ~6.~ nj $ $1.08 $0.0( $6.23 nj Certified Fee ~ Return Receipt Fee C3 (Endorsement Required) Restricted Delivery Fee 1~3 (Endorsement Required) $!.08 $2.85 Pcstr~k $2.30 H~ $ $6.23 073! 17 Postage nj ~ (EndorSement Required) [~3 (Endorsement Required) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpLeee, or on the front if space permits. 1. Article Addressed to: /19? l [] Addressee D. sdifferentfl~m item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes 2. ArtlcleNumber 7011 1570 0002 3316 5367 (Transfer from Servic~ la~el) 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 reverse so that we can return the card to you. · Attach this card to the Peck of the mailpiece, or on the front if space permits. 1. Article Addressed to: O Lb Tow D. Is delivery address different from item 17 /[] '~~st I If YES, enter delivery address below: [] No 3. Service Type [] Certified Mall [] Express Mall [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~a F~e) [] Yes 2. Article Nun~ (Transfer fro 7011 1570 0002 3316 1277 PS Form 3811, February 2004 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 return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 22o A. Signature [] Agent [] Addressee ' pEnted Name) C. Date of Delivery D. Isdifiivmyaddressdifferentf~orniteml? [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise i'-I Insured Mail [] C.O.D. 4. Restricted Delivery? (E~ra Fee) [] Yes 2. Article 7011 1570 0002 3316 5374 (Transf~ ~ . PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M P~age $1.0~ Ce~fied Fee ~2.85 Return ReCeipt Fee (EndorSement Required) $2 · ~0 Restricted Dellvmy Fee (Endorsement Required) ~0. O0 Tota~ PoStage & Feea $ $6.23 ~ent To · 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 tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1/97) [ Delivery D. Is delive~ address different f~om item 17 [] Yes If YES, enter delivery address balow: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return R~calpt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Dalive~,? (Extra Fee) [] Yes 2. A~ticleNu~ 7011 1570 0002 3316 5381 (Tmnsfer fro~ serWce 7aDe~ - Domestic Return Receipt PS Form 381 1, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: }9/1 u 2. ArticleNu 7011 1570 (rrans fer from se~v~e ~; A. Signature B. Received by ( Printed Name) C. Date of Delivery D. Isdallveryaddmssdltfemntflomlteml? [] Yes ff YES, enter delivery address below: 3. Service Type [] Cerl~ed Mall D Registered [] Insured Mall 4. Restricted [~livery? (E,x'~a F~) 0002 331 5350 [] No [] ~ Mall [] Retum Receipt for Memhandise [] C.O.D. []Yes PS Form 3811, February 2004 Domestic Return Receipt 1~.~.%02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent >y ( · Is delivery address different from item 17 If YES, enter delivery address below: [] No 2. ArticleNu 7011 1570 0002 3316 1246 (Transfer I i PS Form 3811, February 2004 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 return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. A~ticJeNurnber 7011 1570 (Transfer from serv/c , [] Agent [] Addressee C. Date of Delivery D. Is delivery address different from item 1 ? [] Yes If S, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt fo, r Merchandise [] insured Mai[ [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0002 3316 1253 · PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name sod address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front If space permits, 1. Article Addressed to: [] Registered [] Insured Mail 2. ArtlcleNumber 7011 1570 0002 3316 [] Agent [] Addressee C. Date of Delivery from item'S? , ri No \ R~celpt for Mercha~llse ~' []Yes PS Form 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING RECEIVED tq0V 2 1 BOARD OF APPEALS Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- '7 ~ - e>2. COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~_~'-O~r~t-r-'FT~%~ residingat (~0 ~D3Ot, Oe-~ ~, Yf/toCl)["~ ~, ~ (O/'7 f , New York, being duly sworn, depose and say that: On the ~day of ~X~OO ,201 / , 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 Sworn to before me this ,~}.~- Day of C.3Ddc~ t, 201 ) I hereby confirm that the Poster has remained in place for seven (7) days l~riotr to the date of the subject hearing date, which hearing date was shown to be I ! [l/? ? (Signature) (Notary Public) CONNIE D. BUNCH Notary Public, State o~ New York No. 01BU6185050 C Qualified in Suffolk County ommleslon Expires April 14, * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 February 16, 2012 Joseph Brittman 23 Jerome Street Smithtown, NY 11787 RE: ZBA Application #6522 Dear Mr. Brittman: Transmitted for your records is a copy of the Board's February 15, 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. Sincerel(y~, ~, -,/~ Vicki Toth Encl. Cc: Building Dept. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01877 ~~~'~/ PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: JOSEPH BRITTMAN 23 JEROME ST SMITHTOWN, NY 11787 (516) 757-8284 Facility: BRITTMAN PROPERTY 80 GLENN RD SOUTHOLD, NY 11971 RECEZVED · ":GAAt. t OF APPEAL~ Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 715.5 NYTM-N: 4547.1 Latitude: 41o02'47.8'' Longitude: 72026'09.4'' Project Location: 80 Glenn Road Authorized Activity: Construct 24' x 36' garage and install (2) dry wells. Establish planted berm and 15' wide vegetated buffer. All work must be completed as shown on plans stamped "NYSDEC Approved" on 1/4/12. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-01877/00010 New Permit Effective Date: 1/4/2012 Expiration Date: 1/3/2017 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. ~...~.~--~ Permit Administrator: JOHN A~I~ ELAND, Dcpu/q~Rcgional Permit Administrator Address: NYSDE~ REGION 1 H~/~DQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD / ('STON~ -BROOK, N)/ 11790 -3409 Authorized Signature: 1 ~..~t/ /~ I~./..~. ~ /..// Date~//~/~/~ Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01877 Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Nathan Taft Corwin III, last revised on 12/28/11. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 5. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 6. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 7. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet fi'om the tidal wetland boundaxy. 8. Runoff Directed to Upland DryweHs Roof runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. Page 2 of 5 10.6 10.14 10.15 .I ~qC? ~oe. oe' NYSDEC APPROVED AS PER TERMS AND CONDITIONS OF LOT ~EST FILE NO. TOWN SUFFOLK S.C. TAX SURVEY OF & P/O LOT 2 MAP OF CREEK ESTATES 3848 FILED ON AUGUST 19, 1963 SITUA TED A T BAYVIEW OF SOUTHOLD COUNTY, NEW YORK No. 1000-78-02-11.3 SCALE 1'=30' NOVEMBER 9, 2004 SEPTEMBER 14, 2006 ADDED FLAGGED WETLAND LINE OCTOBER 25, 2011 ADD PROPOSED GARAGE DECEMBER 9, 2011 RELOCATED PROPOSED GARAGE DECEMBER 20, 2011 REVISE 15' BUFFER DECEMBER 28, 2011 REVISE PER ZBA COMMENTS WETLAND AREA = 6,450 sq. ff. 0.148 ac. UPLAND AREA = 29,075 sq. ft. 0.667 TOTAL LOT ASEA 35,503 sq. ff. 0.815 ac. BUILDING COVERAGE DATA (OVER UPLAND AREA) DESCRIPTION AREA % LOT COVERAGE HOUSE 2,520 sq. ff. 8.7% DECK 375 sq. fi. 1.3% BALCONY 48 sq. fl. O.lX PROPOSED GARAGE 864 sq. ff. 5.0% TOTAL 5,807 sq. ff. 13.1% GARAGE ROOF DRAINAGE CALCULATIONS: PROP, GARAGE AREA: 864 sq. ff. 864 sq. ff. X 0.33 = 285 cu. ft. 285 cu. ff. / 42.2 6.8 vertical ff. of 8' dia. leaching pool required PROVIDE (2) 8' dia. X 4' high STORM DRAIN POOL THE EXIGTENCE OF RIGHTS OF' WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT 9UARANTEED, 49668 Nathan Taft Corw,n III Land Surveyor PHORE (651)727-2090 Fox (631)727-1727 26-335A ® I I I 2°~o¢' LOT SURVEY OF & p/o a MAP OF CREEK WEST ESTATES FILE NO. 3848 FILED ON AUGUST 19, 1963 SITUA TED A T 8AYVfEW TOWN OF SOUTHOLD SUFFOLK S.C. TAX COUNTY, NEW YORK No. 1000-78-02-11.3 SCALE 1"=30' NOVEMBER 9, 2004 SEPTEMBER 14, 2006 ADDED FLAGGED WETLAND LINE OCTOBER 23, 2011 ADD PROPOSED GARAGE WETLAND AREA = 6,430 sq. ff. 0.148 ac. UPLAND AREA = 29,073 sq. ff. 0.667 cc. TOTAL LOT AREA = 35,505 sq. ft. 0.815 ac. RECEIVED NOV 9 2011 BUILDING COVERAGE DATA BOARD OF APPEALS (OVER UPLAND AREA) DESCRIPTION AREA F. LOT COVERAGE HOUSE 2,520 sq, ff. 8.7~. DECK 375 sq, ff 1 3% BALCONY 48 sq. ff. 0.1% PROPOSED GARAGE 864 sq. fi. 3.0% TOTAL 5,807 sq ft, 13.1% GARAGE ROOF DRAINAGE CALCULATIONS: PROP. GARAGE AREA: 864 sq. ff. 864 sq. fi. X 0.17 = 147 cu. ff. 147 cu. ff. / 42.2 3.5 vertical ff. of 8' dfa. leac. hfng PROVIDE (1) 8' did. X 4' hf§h STORM DRAIN POOL pool required AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. hc. No 49668 Nathan Taft Corwin III Land Surveyor Successor To: Stunley J Iscksen, Jr. L,S, Joseph A, Ingegno L,S PHONE (631)727-2090 Fox (631)727-1727 26-335A