Loading...
HomeMy WebLinkAbout6552 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 12 Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. 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 · Tel. (631) 765-1809 · Fax (631) 765-9064 .q._ u . .~ . , MEETING OF ~L 19, 2012 ~outhold Town Clerk ZBA FILE: 6552 NAME OF APPLICANT: Phillip and Patricia Marco PROPERTY LOCATION: 4380 Indian Neck Lane, Peconic, NY SCTM# 1000-98-01-5.4 SEQRA DETERMiNATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is a 56,052 sq. ft. lot in an AC zone. It has 213.78 feet of road frontage along lndian Neck Lane to the north, 266.67 feet along its eastern property line, 266.67 feet along its western property line and 213.78 feet along its southern property line (rear lot line). The rear and western lot lines abut upon a 78.3 acre horse farm. The subject parcel is improved with a one story frame house and subject as-built wood deck, as shown on the survey of the subject parcel prepared by Howard W. Young, L.S., dated January 17, 2012 BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's February 13, 2012 Notice of Disapproval based on an application for building permit for "as built" deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 60 feet. RELIEF REQUESTED: The applicant requests a variance for a 45.2 foot rear yard setback, where the code requires a 60 foot rear yard setback, to an as-built deck addition, as shown on the survey of the subject parcel prepared by Howard W. Young, L.S., dated January 17, 2012. ADDITIONAL INFORMATION: A letter was received from representatives of the neighboring Horse Farm, addressed to the applicant's representative, indicating no objection to the granting of the requested subject variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 5, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A rear yard deck is a common feature of residential Page 2 of 2 - April 19. 2012 ZBA File#6552 - Marco C'¥M: 1000-98-1-5 4 dwellings and the proposed as-built deck having a width of less than 10 feet is modest in size. A deck addition had existed in this location without any reported history of causing a detriment to nearby properties. The rear yard of this parcel abuts upon a paddock of a large horse farm to the south and west, and abuts a vacant parcel to the east. 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. A portion of the mar of the existing dwelling is within the code required 60 foot rear yard setback; therefore any proposed additions to this portion of the rear of the dwelling will require a rear yard setback variance. 3. Town Law §267-b{3}(b}{3'}. The variance granted herein is mathematically substantial, representing a 25% relief from the code. However, the relief requested is for an as-built deck addition proposed at less than 2 feet in height from grade, 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 subject property in the area of the as built deck is relatively flat with no apparent drainage issues and the as built deck is not visible from the street 5. Town Law l~267-b(3)(b)(5}. The difficulty has been self-created. It is the applicants desire to propose an as- built deck addition in a location that requires a variance. 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 as-built deck addition in a non conforming rear yard location, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT., the variance as applied for, and shown on the Architectural Drawings entitled "Deck Replacement" Marco Residence, Sheets 1,2,3 and 4, dated 6-29-11, prepared by James J. Deerkoski, P.E., and the survey of the subject parcel prepared by Howard W. Young, L.S., dated January 17, 2012. A ny deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora 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 mimmis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson}, Goehringer, Schneider, Horning. (/Ibsent was: Member Dinizio) This Resolution was duly adopted (4-0}, BOARD OF APPEALS MAP *EWED BY ZBA SEE DATE~ __ I[~ ,~ITI~ ~ATA At~EA = ~(~2 .~:~. ~=T. PA'I'P. IGIA HAP. GO c~t; F'ec, onlc, to~n o~' 5out. holct I~:~NDAR. Y Fa,~c. oe~ of' F~vl~,ions elO~k OI ~o~ 5.4 E3(ISTING STRUCTURE EXISTING FOUNDATION MET,~L FLASHING [. US STYLE JOIST HANGAR-TYP FT SLOPE NEW 2 X 8ACQDJ @ 16" OC ' DECK ;qG ~ 2 X 8 ACQ LEDGER LAGGED 8 16" OC 4 X ,~ NOTCHED POS'[ SE ]" '-4 SIMPSON POST CAP I SECTION VIEW D,= lEO" 2 --'11 FASCIA BOARD -- )2XBACQ GIRDER --(2) 5/8INCH GALVANIZED BOLTS, NUTS, AND WASHERS SIMPSON ADJUSTABLE POST BASE -- 10~ PC SONOTUBES SET ON 24r' X 24" X 1.2'' PC FTG, W/REBARS, MIN, 36" BELOW GRADE -TYP. FINAL MAP t, EVIEWED BY EE DECISION # :)ATEO ~./[_~___1/~ AECEIVED ~3OARD OF APPEALS z © 4 GENERAL NOTES: 1. ALL WORK MATER~,~L, AND 1 HE EQUIPMENT SHALL BE ~N ACCORDANCE WIFH THE NEW YORK STATE UNIFORM BUILDING CODE AND THE NEW 'YORK STATE ENERGY CONSERVATION CODE. AND LOCAL AUTHORITIES~ 2, ALL DIMENSIONS Al,iD GRADE CONDITIONS TO BE VERIFIED BY CONTRACTOR PRIOR TO START OF CONST~ ,C, iON AND ORDERING OF MATERIALS, 4.1, 4. PROVIDE FI~SHING AT ALL ROOF BREAKS. CHIMN~¢S, SKYLIGHTS, EXTERIOR DOORS MNDO~&S AND DECK., ~ 5, DO NOT SCALE DR, W~NGS~  THE INSPECTION, SUPERVISION OR ADMINiSTRATiON OF THIS CONSTRUCTION PROJECT, FEDERAL, STATE, AND LOCAL ZONING AND BUILDINGCODE COMPLIANCE x SHALL BE THE RESPO;, SIBILl~' OF THE CONTRACTOR. m ~ ~ 7. THiS DRAWING IS AN INSTRUMENT PREPARED TO FACILITATE CONSTRUCTION AND SHALL Ux ~ ~ ~ ~ NOT BE CONSTRUED ~S A CONTRACT BETWEEN BUILDER AND OWNER. ~ ~ ~ 8, ELECTRICAL AND MECHANICAL COMPONENTS TO BE DESIGNED AND SPEC~FIED BY OTHERS. NEW 2 X 8 LEDGER U~GGEDTO ~~ ~ EXISTING HOUSE STRUCTURE I EXISTING HOUSE STRUCTURE ~ ~z ~ ... 53'-2" FIN DECK FINAL MAP REWEWED BY ZBA DECK PLAN SEE DECISION --~ ~" = 1'-0" EXISTING STEPS TO i BE REPLACED IN KIND NORTH ELEVATION ~ "= ~EC~LVED ~,OARD OF APPEAL~ 10' PC / SONOTUBES ON ~OOTING, / MIN. 36' BELO\~ GRADE - .~'P. REVi~WED BY,~B.B~ I SEE D~:CISlON # ~-----~1 DATED o/ i ~,~ / /~.- J J 2 Framing Notes: The contractor is to vedfy all measurements in the field and any discrepancies are to be brought to the attention of the Engineer prior to construction. Wood Framing Fb = 825 psi Fv = 95 psi Fc perp = 625 psi E = 1,600,000 psi All lumber is to be No. 2 or better Douglas Fir Larch (N) with the following minimum specifications: All Laminated Veneer Lumber is to have the following minimum specifications: Fb: 2,900 psi Fv: 290 psi Fc perp: 650 psi E: 2,000,000 psi 3. All beams fabricated with multiple Laminated Veneer Lumber boards are to be nailed/bolted in accordance with the manufacturer's specifications. 4. All straps, connectors, plates, bolts, nails, etc. are to be galvanized or stainless steel Designated connectors, strap etc. on these drawings are made by Simpson unless indicated otherwise. 5. All connectors, straps etc. are to be nailed/bolted in accordance with the manufacturer's specifications. 6. All floor sheathing is to be 2~2 inch AC type plywood, tongue and groove, with an APA span rating of 48/24. 7. Floor sheathing shall be glued and screwed to the floor joists (6" OC edges and 12" OC field). 8. All wall sheathing is to be 19/32 inch APA Rated Exposure 1 plywood and shall be nailed with 10d cemmon nails 6" OC edges and 12" OC field. 9. All joist and beam hangers and fasteners used on the exterior and in contact with pressure treated lumber are to be Simpson Type-304 or 316 Stainless Steel. 10. All bolts, nuts and washers are to be stainless steel or hot dipped galvanized. gOARO OF APPEAl.~ % x,4 FIR T & G DECKING STEPS :S..41 0" PC ONOT~BES O~ FOOT*NG, IN, 36 BELOW GRADE - TYP. t I EXISTING STEPS TO I I BE REPLACED iN KIND EAST ELEVATION ~ "= 1LO,, FINAL MAP IREVIEWED BY ZBA SEE DECISION DATED I / 3 TO: Patricia Moore for P & P Marco 51020 Rt. 25 Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED DATE: February 13, 2012 aOARD OF APPEALS Please take notice that your application dated February 10, 2012 For a deck add!,tion to an existing single family dwelling at Location of property 4380 indian Neck Road., Peconic, NY County Tax Map No. 1000 Section 98 Block I Lot 5.4 Is returned herewith and disapproved on the following grounds: The "as built" deck addition on this non-conforming 56,052 sq. fl. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; 'q?his section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 40,000 and 59,999 sq. tt., the required rear yard setback is 60'. The "as built" deck addition indicates a rear yard setback of 45.2'. Authorized Signature REC~EZVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 4380 Street Indian Neck Road, Peconic, New York SCTM 1000 Section 9~8 Block l_Lot(s)5.4 Lot Size 56,052 sq.ft. Zone A-C I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED February 13, 2012_ BASED ON MAP Prepared by Young & Young dated 1/17/2012 Applicant(s)/Owner(s): Philip and Patricia Marco Mailing Address: 37 Riverside Drive, New York NY 10023 Telephone: c/o Pat Moore 765-4330 Fax#:765-4643 Email: pcmoorel~optonline.net NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoore l(~optonline.net Please check to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), or X Authorized Representative, or ~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Prepared by Young & Young dated 1/17/2012 and DENIED AN APPLICATION DATED February 13, 2012 FOR: X Building Permit (deck) ~ 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 numbers. Do not quote the code.) Article XXlll Section 280-124 "As built" deck 45.2 from rear property line Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. ~ECEI*VED ~ A Variance due to lack of access required by New York Town Law-Section 28~/~RD OF APPEALS y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal, has, has not been made at any time with respect to this property, UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Patricia Marco ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house was relocated (moved to the property) and altered in 1985 with the enclosed CO dated 6/4/85 permit #Z13495. Original plans did not show the rear deck, however, prior to completion of the house the deck was constructed. Owner believed that the CO included the deck. Thereafter, in 2011 owner applied for window replacement, mud room and deck addition to existing house; CO enclosed dated 9/13/11 permit #35211. The portion of the deck which conformed to zoning was given a CO; the remaining deck requires a variance before a building permit and CO can be issued by the building department. The deck provides living space and is at the level of the sliding doors. and in the rear yard. The adjacent parcel is an open field which was formerly owned by Patricia Marco and was sold to Lewis Bacon. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The sliding doors are two steps above grade. The conforming portion of the deck which leads to the mud room is wood and the two decks will be connected and form one uniform structure. (3) The amount of relief requested is not substantial because: The house is at 56.7 from the rear property line, the proposed deck is 45.2 feet from the rear yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It is an open rear yard which looks out to neighboring horse paddocks. The house was placed 167.8 feet from Indian Neck Lane in order to retain the open look of the property and at the top of a gradual slope. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No Are there Covenants and Restrictions concerning this land: X No. Yes_(please furnish copv). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE /I TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Swor t before methis BETSY A. PERKINS Notary Public, State of New Yo~ No. 01PE6130636 Qualified in Suffolk County-, . _ Commission Expires July 18,~ ~ ~-~ ~ ~ECE~*VED *¢~g~at~re of Appellant or Authorized Agcn~ m . ARD OF must submit written ~utborJzation fro Ow ~O APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Patricia & Philip Marco Date Prepared:February 14, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: none ;JOARD OF APPEALs II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension-deck addition (53' x 11.8' with stairs included) Dimensions of new second floor- none- attic Dimensions of floor above second level: none Height (from finished ground to top ofridge):no change Is basement or lowest floor area being constructed- n/a If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - construction of deck Number of Floors and General Characteristics BEFORE Alterations: existing one story house Number of Floors and Changes WITH Alterations: existing one story house with deck IV. Calculations of building areas and lot coverage (from surveyor): See attached calculations from Young & Young: Existing: 1,541 sq.fl, or 2.7% Proposed increase of building coverage: 1.3 % sq.ft. Square footage of your lot: 56,052 sq.ft. Percentage of coverage of your lot by building area: 4.0% V. Purpose of New Construction Requested: variance for replacement of existing deck which needed a variance VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _front gradual slope Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. ~ECEIYED ~iOARD OF APPEALs 1.) Are there areas that contain sand or wetland grasses? Kro 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland buildifig area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? A///4 Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? iq/~ 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? /~,, If yes, please submit a copy of your buildin~ permit and survey as approved by the Building Department and please describe: Dce ir ~ff-,, st'}'~cft~ ~ //-~/ ~/ /z~(~ Vo~,~r2~c~ Pt~i/~rrd~ 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 /~o~ ~' Z2ee~' and the proposed use ,'-fo,~,~ ~ ~J~: · (ex: existing single family, proposed: same with garage, pool or other) Ailth~[2ed signature and Date E s17.20 Appendix C Sta nvironmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME ~.ECEIVE~ ~OARD OFAPPEALS 3. PROJECT LOCATION: Z/4;,'~O ~--~,~ .A,~(,JE ~ Munici.~,y 4. PRECISE LOCATION (Stree{ address and road intersections, prominent landmarks, etc., o~ provide map) S. PROPOSED ACTION IS: t~.~?~*~ ~/~ £~C' c-~ [] New [] Expanak~ [] Moclirlcafio~/alteratio~ 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~ ? ~ acres UIUmately //, ~5~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ ~ No If No, describe briefly ~. W,^T,S PRESE.T LAND USE,N V,O,.,~ OF PRO~ECT? '~ R.~.t~, [] ,~, [] C~m~, /[~Agriculture [] Park/ForesUOpen Space [] Othe~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~ No If Yes, list agency(s) name and permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ~[~N 0 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature: /'~ -- __ I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with is assessment OVER 1 A. DOES ACT,O. XCEED PE, THRESNOLD ,N I-Ives ~OARD OF APPEAl~ I¢ yes, cee~dinate the review process end use the FULL FAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617~6"7 Ii' No, a negative declaralior DY" r'lNo c. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if isgib4e) Ct. Ex~ air quality, sudacs or groundwater quality or quantity, nd~e laveis, existing traffic pattern, =ot~cl waste Ixoduction or dieix~al, p~enfisi C2. Aesthetic, agricultural, archaeological, histodc, or cthor natural or cuitursi resources; or community or neighbod~:md character? Explain bdefly: C3. Vegetation or- fauna, fish, shellf-mh or wildlife species, signlt'mant habitats, or threatened o~ endangered species? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bde~y: C6. Long term, short term, cumulative, ~ cther effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes In use of either quanUty or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yea [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, eaplaln briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occuning; (c) duration; (d) irreversibility; (e) geographic scope; and (f) rnagnitude, if necessary, addattachmentsorreferencesupportJng materials. Ensurethatexplanationscontainsufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or i~'epare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the p~ action WILL NO' resutt in any signif'mant adverse envircnmentai impacts AND provide, o~ attachments as necessary, the reasons supporting this detarminalion Name of Lead Agency Date Pnnt or Type Name of Responsible Offmef i~ Lead Agency Title of Responsible Ofl-mer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emnlovees. The numose of this form is to nrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, ~niddl~ initial, unl~(ss you are applying/in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance )~- Trustee Change of Zone Coastal Erosion Approval &plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest'* means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanl/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or Child is (check all that apply): ___A) the oyvner of greater than 5% of the shams of the corporate stock of the applic0nt (when the applicant is a corporation); __.B) the Iegal or beneficial own~'r of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~tECEIVED ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric& All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- mand239-n°ftheGe~MxM~ffnicipalLaw. 1) Name ofApplicant: \/~ \ (~ ~ ~ ~ & p 2) Address ofApplicant: c.[~egO I ~3tb~ rr~o ~3~cff~ 3) Name of Land OWner (if other than applicant): - 4) Address of Land Owner: 5) Description of Proposed Project: ~ Ot'~x Q\ E 3,e~ 6) Locahon of Property (road and tax map number): 7) Is the parcel within an agricultural district?~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~o []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. (Please use back side of page if more than six property owners are identified.) 19.38-o~-the Zoning Board of Appeals at 765-1809. Signature of Applicant The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- //~/ 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 action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the t/me the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 g, ECE~VED Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS ~OARD 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# 1000-98-01-5.4 OWNER: Patricia & Philip Marco AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals~X (variance which is exempt from LWRP) 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: X Variance 552. ~.CEIVED Nature and extem of action: proposed deck to existing dwellin~ Location of action:4380 Indian Neck Road, Southold ~OARD OF APPEALS Site acreage: 56,052 sq.ft. Parcel but the house is located 167.8 feet from the front yard, therefore the proposed deck is 45.2 feet from the rear yard lot line Present land use: existing house Presem zoning classification: AC 2. 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:Patricia & Philip Marco (b) Mailing address:37 Riverside Drive, NY 10023 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any:l Will the action be directly tmdertaken, require funding, or approval by a state or federal agency? Yes X 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 development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable The existing house and open yard enhances the pastoral area of Indian Neck Road, Peconic which is surrounded by agriculture and agricultural preservation (Marco/Indian Neck Hoidine) Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to agriculture protected for both visual and economically productive resource. NATURAL COAST POLICIES ~OARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria _ Yes No Not Applicable X No effect on flooding or erosion. In agricultural area Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable Deck does not affect water resources Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. __Yes No Not Applicable X Does not affect coastal fish Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance nrohibit degradation of air quality or emissions.. Policy 8. Minimize enviromnental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES ~ECEIVED Policy 10. Protect Southold's water-dependent uses and promote siting of new ~-J~'~LS uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. __Yes No Not Applicable X Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. X Yes No ~Not Applicable Indian Neck Road is both residential development and agrieultnre. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold~ New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECE~.VED BOARD OF APPEALS February 16, 2012 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered RE: MARCO; 4380 INDIAN NECK ROAD, PECONIC; SCTM: 1000-98-11-5.4 Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 of the following: sets 1. Notice of Disapproval dated February 13, 2. Application 3. Project Description 4. Questionnaire, C.O's. 5. AG Data form 6. Short EAF form 7. Owner's consent 8. Transactional Disclosure for all 9. LWRP form (one copy) 10. Photos 11. Survey 12. Building plans 13. Town property Card 2012 14. My clients check representing the filing fee of $500.00 Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore encls. C: Mr. & Mrs. Philip Marco 82/15/2812 15:41 6317278144 YOUNG & YOUNG 400 Ostr~der Avenue Riverhead, Nc~t~ York 1190I YOUNG YOUNG PAGE 82 £acsimile (631) 727-0144 ~30aRD OF APPEALS admin@youngengineering, com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer DOUGLAS ADAMs, Pro~ssiona! Engineer ROBERT C. TAST, Architect February 15, 2012 PATRICIA MARCO Indian Neck Road at Peconic, Town of Southold Suffolk County, New York $CTM No.: 1000-98-1-5.4 Existins~ Lot Coverage Frame house Wood deck 1,541 sq. ft. = 2.7% 709 sq. ft. = 1,3% Total 2,250 sq. ft. = 4.0% Howard W, Young L.S. No.045893n Planning Engineerin$ Land Surveying FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~OARD OF APPEALs Certificate Of Occupancy No. Z.13495 Date J,une 4 98..5 New .D.w.e. 1..1 .i.n.c~ THIS CERTIFIES that the building ...................................... Location of Propexty , .4.1.7.Q .............. ....Indian .Neck Lane Peconic House No. Street Ham/et County Tax Map No. 1000 Section .. 0P.8. ...... Block... .......... Lot ... pp.5. .......... Subdlv~swn ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated Sept. 15 19 8..3pursuant to which Building Permit No. 12633Z dated ...... .Sgp. t.:..2.2 ............. 19.8. 3., was issued, and conforms to all of the requirements of the applicable provisions of the law. Tile occupancy for which this certificate/s issued is ......... New Private One Family Dwelling The certificate is issued to INDIAN NECK FARMS .I.N.C. [owner,4e~ee-~r4~) of the aforesa/d building. Suffolk County Department of Health Approval .",', . 12-80-40 N673083 UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector Rev. 1/81 Southold, New York 11971 ~,ECEIVED ,~,.,,,~nu ul; APPEALs CERTIFICATE OF OCCUPANCY No: 35211 Date: 9/13/2011 THIS CERTIFIES that the building Location of Property: SCTM #: 473889 Subdivision: ADDITION/ALTERATION 4380 Indian Neck Ln, Peconic, Sec/Block/Lot: 98.-1-5.4 Filed Map No. conforms substantially to the Application for Building Permit heretofore 7/5/2011 pursuant to which Building Permit No. was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: window replacement, mudroom and deck addition to an existing one family dwellin~ as applied for. Lot No. filed in this officed dated 36564 dated 7/18/2011 The certificate is issued to Marco, Philip & Marco, Patricia (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 36564 9/2/11 Patricia Marco February 2, 2012 ~OARD OF APPEALS Patricia C. Moore, Esq. 51020M~n Road Southol~NYl1971 Dear Ms. Moore: 1, Patricia Marco as owner, hereby authorize you to make any and all applications to the Zoning Board of Appeals of the Town of Southold, and any other necessary agencies on my behalf regarding property located at 4380 Indian Neck Lane, Peconic, New York (sctm: 1000-98- 1-5.4) ' TO~..I~ OF SOUTHOLD PROPERTY" RECORD CARD ~orO-9~ - t - $.4 ' ~"I~, .... -.,..~ ' - FOPJ~E~ OWNER I VILLAGE , ] DIST.[ SUB. ~'W ~PE OF BUILDING ~ECEIVED LAND IMP. TOTAL DATE REMARKS Tillable O, ~.,~ ? Woaclland Meadowk~d House Plot Tota I FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD / 2-13 --- L x~en$ion ' 98.-1-S.4 4./11 Foundation Basement Ext. Wails Fire Place Pool Patio D rivewa¥ Bath Floors Interior Finish Heat RECEzyED BOARD OF APPEALs orch iarage Rooms 1st Floor Rooms 2nd Floor PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 17, 2012 Thank you and please questions. Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 hand delivered RE: ~CO; 4380 INDIAN NECK ROAD, PECONIC; SCTM: 1000-98-11-5.4 Dear Chairman Weisman and Board merabers: With reference to above, enclosed please find an original and 8 sets of the following: 1. Owner's signed Authorization 2. Three photos taken on the subject property showing the property to the south which is about 20-30 acres of paddocks for polo ponies Please place this matter on your next available calendar. do not hesitate to call should you have any PCM/mr Encls. Very truly yours, Patricia C. Moore Cc: Mr. & Mrs. Philip Marco ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 17, 2012 Zoning Appeal No. 6552 Transmitted herewith is Zoning Appeals No. 6552 of Patricia C. Moore for Philip & Patricia Marco- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated February 16, 2012, Copy of Notice of Disapproval from Building Department Dated February 13, 2012, Letter from Young & Young Listing Existing Lot Coverage Percentage Dated February 15, 2012, Copy of Certificate of Occupancy No. Z13495 for New Private One Family Dwelling Dated June 4, 1985, Copy of Certificate of Occupancy No. 35211 for Addition/Alteration Dated September 13,2011, Copy of Authorization Letter from Patricia Marco to Patricia C. Moore to Represent Them in this Matter Dated February 2, 2012, Three Pages of Photos, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated January 17, 2012 Prepared by Young & Young, Four Pages of Plans Showing Sections, Floor Plans and Elevations. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/16/12 * * * RECEIPT * * * Receipt: 126157 Transaction(s): 1 1 ZBAApplication Fees Reference Subtotal 6552 $500.00 Check#: 2371 Total Paid: $500.00 Name: Clerk ID: Marco, Philip & Patricia Indian Neck Lane P O Box 383 Peconic, NY 11958 CAROLH Internal ID: 6552 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 I971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 5, 20t2 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0969, on THURSDAY~ APRIL 57 2012: 1:50 P.M. - PHILIP MARCO - #6552 - Request for Variance from Article XXlII Section 280- 124 and the Building Inspector's February 13, 2012 Notice of Disapproval based on an application for building permit for "as built" deck addition to existing single family dwelling: t) less than the code required minimum rear yard setback of 60 feet; located at: 4380 Indian Neck Road Peconic, NY. SCTM#-1000-98-1-5.4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 766-1809, or by email: Vicki.Toth(~,Town. Southold. ny. us. Dated: March 5, 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 tt79 Southold, NY 11971-0959 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) RECEIVED BOARD OF APPEALS 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 1 week(s), successively, commencing on the 22nd day of March1 2012. Principal Clerk Sworn to before me this LEGAL NO~ICE SOLrlTIOLD TO'tN ZONING BOARD OF APPEALS THURSDAY APRIL S, 2012 . PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put suant to Section 267 of the Town Law and Town Code (~apter 280 (Zoning); Town of Southold, the following public heatings will be held by the. SOIYFHOLD TOV~q ZON1NG BOARD OFAPPEALS at the Town Hall. 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on 10:00 A.bt. K~NNETH SEll~arrt~ ~q~l - R~quest roi- Variance from origi- nal ZBA Gram/ffxS04 and the Building Inspector's February 7, 2012 Notice of Disapproval besed on amended plans for the a~ce~O, garagu at; 1) the demolition o~i~olanl ZBA grant allowing additions and ~,(adj, to Br°a.d,~4te~ Cove) Ca- 10:10 A.M. - OLIVi~ ami GLOIIIA ~.,I~I.Ct~hI~L~_~. R~t for Va~ anee from Article III Section 280-15 and the Building Inspector's ~ 8, 2012 Notice of Disapproval based on an apl*fi- cation for building permit to construct an aece~ory two car garage and an ifi~roami swimming pool at: 1) location other than 385 North Cross Road (comer Holden TON and IANET XXIII Section 280-I24 and the Building Inspector's Janua~ 18, 2012 Notice of building permit for additions to a single CHRISTINA VOIINSKI NOTARY PIJIILtC-$TATE OF NEW YORK Ilo, 01VO610~: family dwelling at: 1) more than the code permitted maximum lot coverage of 20%, located at: 4205 Brgakwater Road (corner East Road) Mattituck, NY. SCTM#10~0- WEIR - g4546 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's December 7,2011 Notice of Disapproval based on an applb cation for bufldthg permit to construct ad~ ditions/alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback Qf 50 feet; lo- cated at: 5200 Mill Road (aka 5550 West Mill Road, Cox Neck Road) Matfituck, $1t~ --g6548 - Request for VarianCe from Article XXIII Section 280-124 and the Binlc~g Inspector's January 30, 2012 No- }lot Rffi additioa t0;~ cat~d ~t: (i~1, PdbaCOt~ b~sed on an application uildingpeaint and the Building [~pector's 'December 2~, 2011 Notice of DLs~pproval concerning proposed additions/altcratinm to existing greenhouse structure ~new office trail ers, at; 1) less than the 0xle required front yard setback of 60 feet, 2) less than the Code required minimum side yard setback of 20 feet, 3) more than the code permitted maximum lot c?eragu of 20% located at: 23423 Middle Road (CR48) Cutchogue, NY. SCTM#1000-84-1-10.4. JOANNA WEINER - #6549 - Request for Variance from Article XXIII Section 280 124 and the Building Inspector's Decem- ber 20, 2011 Notice of Disapproval based on an application for building permit to constr~ct additinns/alterations and deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feel; located at: 275 Back Lane (aka Private Road #5) Orient, · 1:30 P.M. - THOMAS and IREN~ KALOGERAS . g6554 - Request for Variance from Article X~JI1 Section 280- 124 and the Building Inspector's Febru ary 15, 2012 Notice of Disapproval be~ed on an application for building permit to construct alterations and "as built" deck addltion to existing single family dwelling: 1) less than the code required minimum side yard setback of 151 feet; located at: 700 Sound Beach Drive (on Long Island Sound) Mattituck, NY. SClMg1000-99-1- Request for Variance from. Axtlcle XXIII ~on 28o4.24 ~ the B~ ~. tots February 13, 2012 NOti~e ~f Disap- proval based on an application for in# peri.it for "as built" deck addition to existlng single family dwelling 1) lesa than the code req~red minimum rear yard ~etbaek of 60 feet;located at: 4380 Indian Neck Road Pecoalc, NY. SCTMg-f~0-98- 2:10 P, M. - WIL TONYES . 86~3 - Request for Variance from Article HI Section 280-15 and Article XXIll Sec- tion 280-124 and the Budding Inspector's December 28, 2011 No~ce of Disapproval based on an appIicadon for buff_..d~, g permit, for an accesso~ garage at: 1) 1~ ~i~a ~thdi than the code required rear yard, 2) lot co~); erage more than the code permii~ed 20% maximum, located at: 75 8ffi Street (cor- ner of Front Stree0(aka 717 Front Street) ~2k.a0 RM. - KIMOGENOR POINT. INC. (BINGHAM). #6550 - Request for Variances from Article XXIII Code Sec- tion 28~-123 and Article XXII Section 280-116 and the Building Iaspector's Janu- ary 1~, 2012 Notice nf Disapproval based on an application for building permit for demolition and eonstxuction of a new single family dweging at; 1 ) a nonconform- ing bufld~g contain~g a nonconforming Street New Suffolk, NY SCTM#~f00416- The Board of Appeals will hear'all per- clusion of each heanng. Each he, arm# will ~iles are available for 3eview during regu- lar business hours and prior to the day of contact our office at, (631) 7654809, or by 54375 Main Road (Office Location) r~ 53095 Main Road (MailinglUSpS) ~0,597-1T 3/2g OONING 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.north fork.nel March 5, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, April 5, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than March 26th: Please either mail or deliver to our office your Affidavit of Mailinq (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 March 28th: 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 April 3, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. SCTM #: MARCO, P. & P. # 6552 VARIANCE: REQUEST: DATE: THURS., APRIL 5, 2012 1:50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 JAMES M.O'SHEA ROBERT E. MARCINCUK WAYNE D. BRUYN* O'SHEA, MARCINCUK & BRUYN, LLP aTToRNeYS AT LAW 250 NORTH SEA ROAD SOUTHAMPTON, NEW YORKII968 TELEPHONE ($31) 283-7007 FACSIMILE (631) ~87-9480 BOARD OF APPEALS April4,2012 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re: ZBA Application for Phillip & Patficia Marco Premises: 4380 Indian Neck Lane, Peconic SCTM: 1000-098-1-5.4 Dear Pat: As per our conversation this date, please be advised that our firm represents the interests of 4170 Indian Neck Holdings, LLC, the owner of certain real property located at 4170 Indian Neck Road, Southold, SCTM No. 1000-098-1-27.1. We are in receipt of your letter, dated March 19, 2012, which enclosed a Notice of Public Heating for a variance to legalize the as-built deck at the rear of the dwelling located at 4830 Indian Neck Road. My clients' property adjoins the property of Mr. & Mrs. Marco that is the subject of the application. As the deck has exist~l in its currem location for several years, my clients have no objections to the granting ora variance to legalize the deck as proposed in the instant application. My clients, however, would have concerns if the owners decided to expand the building area of the house over the non-conforming deck in the future. Should you have any questions, please do not hesitate to contact me. WDB:sjk cc: 4170 Indian Neck Holdings, LLC Southold Town Zoning Board of Appeals ,/ Very truly yours, O'SHEA, MARCINCUK & BRUYN, LLP Wayne D. ~yn ~-"~- (~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of PHILIP & PATRICIA MARCO (Name of Applicant) CTM Parcel #1000-98-1-5.4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the / ~ ~ ' day of March, 2012, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. z ETSY PER Sworn to before me this day of March, 2012 MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County_ Commission Expires June 3, ~,0 MARCO NEIGHBOR LIST SCTM: 1000-98-1-5.4 INDIAN NECK HOLDINGS C/O OSHEA, MARC1NCUK & BRUYN 250 NORTH SEA ROAD SOUTHAMPTON NY 11968 SCTM: 1000-98-1-27.1 CAROL & LAURA SWEDLOW ATTN: ARONSOAS 135 W. 17TM STREET NEW YORK NY 10011 SCTM: 1000-98-2-2.1 PHILIP & PATRICIA MARCO 37 RIVERSIDE DRIVE NEW YORK NY 10023 SCTM: 1000-98-1-1.3 RECEIPT 7192 6a63 3110 o001 0910 FROM: Moore Law Oh"ce RE: Marco ZBA hearing RECEIPT 7192 6463 3110 0001 0927 FROM: Moore Law Office RE Marco ZBA hearing RECEIPT 7192 6463 3110 0001 0934 FROM: Moore Law Office RE Marco ZBA hearing SEND TO: INDIAN NECK HOLDINGS cio O~SI'IEA-~M~A R ~ ~C UK & BRUY TOTAls. x$ 5,75 POSTMARK OR DATE SEND TO: CAROL & LA WEDLOW ATTN: SOAS~ 135 17TH STREET R~um Recelp~ TOTAL' POSTMARK OR DATE SEND TO: ['QPostage ~ ~5 POSTMARK OR DATE I 5102~ MAIN R( ~ SOFTHOLD NY 2. Article Number I 7192 6463 3110 0001 0910 7192 6463 3110 0001 0910 t. Article Addressed To: INDIAN NECK HOLDINGS C/O OSH£A, MARCINCUK & BRUYN 250 NORTH SEA ROAD SOUTHAMPTON NY 11968 I Sl a20 M TN RO D I SOUTHOLD NY 11971 C. Date of Defivew 4. Restricted Delivery? 3. S;~i~e~ype -- -- (Extra Fee) [] Yes CERTIFIED z 7192N6463Article umber 3110 0001 0927 7192 6463 3110 0001 0927 1. Article Addressed To: D.Addressee'sAddress CAROL & LAURA SWEDLOW ATTN: ARONSOAS 135 W. 17TH STREET NEW YORK NY 10011 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 A. Signature: (E]Addressee or E]Agent) X Received By: (Please Print C/early) c, ~ate of DeliveW 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED z, Article Number 7192 6463 3110 0001 0934 7192 6463 3t10 0001 0934 t. Article Addressed To: PHILIP & PATRICIA MARCO 37 RIVERSIDE DRIVE NEW YORK NY 10023 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF PHILIP & PATRICIA MARCO SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-98-1-5.4 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA MARCO, residing at.~ being duly sworn, depose and say that: On th~day of March, 2012, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the pmpe~y, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance* and that I hereby confirm that the Poster has remained in place ~ ~~o the date of the subject hearing date, which hearing date was ~~sday, APRIL 5, 2012. ~ Swan to before me this ~ day of April, 2012 ~ ~ Public, State of N~ ~mission Expires July 1 *near the entrance or driveway entrance of the property, as the area most visible to passersby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 20, 2012 Patricia Moore, Esq 51020 Main Rd Southold, NY 11971 RE: ZBA Application #6552, Marco Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerelyd.-~~ Vicki Toth Encl. Cc: Building Dept. (21)