HomeMy WebLinkAbout6546_ GALBURT, M~URICE
71 Stsrling Strbet
Brooklyn, New York
~7~__
September
GRANTED permission to erect garage in front
yard area; Location of property: S/S Mill
Road, Naugles Drive, Mattituck, New Yo~k.
2~ ~965
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
RECEIVED
APR 2 6 20E
FINI) INGS, DELIBERATIONS ANO I)ETERlVlINATI~~i~ ~f,d~
MEETING OF APRIL 19, 2012
ZBA FILE: 6546
NAME OF APPLICANT: Glyn and Michelle Weir SCTM# 1000-106-6-7
PROPERTY LOCATION: 5200 West Mill Rd., (aka 550 West Mill Rd.), Mattituck, 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 February 28, 2012 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: 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: Parcel is improved with a two story single family dwelling with attached
decks and accessory shed located in the R-40 zone. It contains 21,755 sq. f~. and has 255.11 feet of frontage on Mill
Road, 139.19 feet along the eastern property line, 271.10 feet along a Right of Way as shown on the survey dated
October 30, 2004 prepared by John Metzger,LLS., Peconic Surveyors.
BASIS OF APPLICATION: Request for Variance from Article XXIll Section 280-124 and the Building
Inspector's December 7, 2011 Notice of Disapproval based on an application for building permit to construct
additions/alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback
of 50 feet.
RELIEF REQUESTED: The applicant requests a variance for a rear yard setback of 44 feet, where the code
requires a rear yard setback of 50 feet.
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:
Page 2 of 3- April 19, 2012
ZBA Fileg6546 - Weir
CTM: 1000-106-6-7
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. The entire area is surrounded by described lots with varied
non-conformities of lot sizes and shapes. The applicants' parcel is long and narrow with frontages on both private
and public roads. The applicant proposes to keep the same setback for the additions and alterations as presently
exists.
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 applicants' parcel is bounded on the north by
West Mill Rd a public street, and on the southeast by a 20' right of way, which services at least three other homes.
The subject property has a limited building area based upon the topography of the lot. The lot narrows to the west
with a steep narrow driveway, and the northerly side facing West Mill Rd. has at least a 15' gradient change from
the street to the front yard, making it unbuildable.
3. Town Law §267-b(3)(b)(3). The variance granted heroin is not mathematically substantial, representing 12%
relief from the code..
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.
Applicant will retain all storm-water runoff on site.
5. Town Law §267-b(3)(b}(5). The difficulty has been self-created. The applicant purchased 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 additions and alterations for expansion to the dwelling 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 Goehringer, seconded by Member Homing, and duly
carried, to
GRANT, the variance as applied for, and shown on the October 30, 2004 prepared by John Metzger, LLS., Peconic
Surveyors and documents 2 through 7 prepared by William Savino, Architect dated 1/12/12 and revised again
1/16/2012.
Any deviation from the survey, site plan and/or architectural drawings cited m this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals,
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other
feature of the subject proper~y 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 rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity
Vote of the Boar& Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Homing. (Absent was: Member Dinizio)
This Resolution was duly adopted (4-0).
Approved for filing; /g~O /2012
~ co'~
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73" 5~ 3,
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IFINAL MAP
A?EREVlEWED BY ZBA
SEE DECl,SlON #
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ARC~IITEGT
William F.$avlno
A R O H I T E C T
7t Wed2~ Sm~d Sui~ 'lg~
Fkwv Yo~k, N,Y
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FINAL MAP
REVIEWED BY ZBA
SEE DECISION #
DATED
ARCHITECT
William F. Savino
ARCHITECT
Hew Yeti, N.Y 1001O
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ARCHITECT
New Yolk, N.Y 10010
./
William F. SaVinc~
ARCHITECT
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FINAL MAP
REVIEWED BY ZBA
SEE DECISION #
DATED
/
ARCHITECT
Willlar~ F. 8avino
ARCHITECT
I
MAP
REVIEWED BY ZBA
E DECl ION #
/ '~1
ARCHITECT ~
William F. Savino
ARCHITECT
EV~W~D B~'
EE DECISION
AR(~JlTECI'
William F. $~Jno
ARCHITECT
New Ya~ N.Y 10~10
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William F, Savino
ARCHITECT
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198.46 '
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AREA= 2!, 755
SQ. FT.
CERTIFIED TO,
GL YN V/EIR
MICHELLE WE'/R
MORTGAGE MASTER
ALL SHORE ~$TR~.CT
SURVEY OF
PROPERTY
A T MA TTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000-~0~-0~-07
~ '~'~:" ,-, ,.. -"" "' ~ Od:t: $0, 2004
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I /~o. TRAVELER ST~. T ~-~-~' PA~ A~ NOT ~ C~A~ ~1~ T~ ~W, I~A ! CU~ I~' I~~
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William F, Savlno
ARCHITECT
7t W~t 23rd~
New Y~
1
BOARD OF APPEALS
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
RECE~/ED
~OARD OF APP~LS
SARAH LANSDALE, AICP
DIRECTOR OF PLANNING
February 28, 2012
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman, Chair
Dear Ms. Weisman:
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impacts. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Mele (Patricia) & Christiano (Cheryl)
Thorton, David & Janet
Baran, Roma (c/o Leann Romanelli)
Fraser, Douglas (c/o David Cichanowicz)
Weir, Glyn & Michele
Steele, David
Heidtmann, Glenn
Swartz, (Justin) & Weiner (Joanna)
6542
6543
6544
6545
6546
6547
6548
6549
TRK:ds
LOCATION
H. LEE DENNISON BLDG. -4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
Senior Planner
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
(631) 853-5191
TELECOPIER (631) 853-4044
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: December 7, 2011
TO: Glyn & Michelle Weir
5550 West Mill Rd.
Mattituck, NY 11952
Please take notice that your application dated December 2, 2011:
For permit to construct additions and alterations to existing single family dwelling at:
Location of property: 5200 Mill Road Mattituck, NY
County Tax Map No. 1000 - Section 106 Block 6 Lot 7
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to the existing single family dwelling, on this non-
conforming 21,755 square foot lot in the Residential R-40 District is not permitted
pursuant to Article XXIII Section 280-124; non-conforming lots, measuring 20,000 to
39,999 square feet in total size, require a rear yard setback of 50 feet.
The site plan shows proposed rear yard setback of 44 +/- feet.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file, Z.B.A.
rI
SCTM 1000 Section /~ Block /dF. Lot(s) d97 Lot S~e ~/ 2f ~ ~ne /-~
I (WE) APPEAL THE V~ATTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED /,A- ?-fid 1/ BASED ON SURVEY/SITE PLAN DATED //
Applicant(s)/Owner(s):
MailingAddress: ~-~'~S~O /_.{/r'cf-.~...// ~. ~4~t~[~t~-A
Telephone:/~/~_~Fax: Email: ~al~,.~ ~.'.,'r ~
NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative:
for ( ) Owner ( )Other:
Address:
Telephone: Fax: Email:
Please check to specify who you wish correspondence to be mailed to, from the above names:
(,~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below:
WHEREBY TIlE BUll. DING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED ] ~ -7 -// and DENIED AN APPLICATION DATED /..~-~ -//
(dj'Building Permit
( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy
( ) Change of Use
{ ) Permit for As-Built Construction
( ) Other:
FOR:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article: ~ ]~ ti I Section: e~O - /~ ~ Subsection:
Type of Appeal. An Appeal is made for:
( ~A Variance to the Zoning Code or Zoning Map.
( ) A Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
( ) Reversal or Other
A prior appeal ~has, (t~f~has not been made at any time with respect to this property.,
UNDER Appeal No(s). V'/¢t'). 7q7 Year(s). ~t% -~2, . Iqt~" . (Please be sure to
REASOIqS FOR APPEAL (additional sheets may be used with preparer's signature): ~ 'ti {~ i:" ~ ?
AREA VARIANCE REASONS: BOARD OF APPEALS
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
~ ~hb~rh~. ~r.;ll ~f ~ V,~ble ~ r~e ~.;~ r4 ~1y t~
(2) The benefit sought by the applicant C~NOT be achieved by some method feasible for ~e
applicant to pursue, other than an area vaffiance, because:
(3) The, amount of relief requested is not sgbstantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(S) B~s l~e ~lle[e~ ~i~.l~ bee. selgere~ted? ( )Yes, or
Are there Covenants and Restrictions concerning this land: [ ] No. I~'~es (vlease furnish cony).
This is the MINIMUM that is necessary and adeqnate, and at the sarrle time preserve and prdtect the
character of the neighborhood and the health, safety, and welfare of the community.
Cheek this box ( ) IF A USE V/IRIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
Sign~l~ ~f~Appellant or Authorized Agent
(Age~f must snbmil written Authorization from Owner)
Sworn to before me this
Oayof IF~ ,20 lo
~ot~ry Public
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~[.?,~l
I. For Demolition of Existing Building Areas
Please describe areas being removed:
Date Prepared:
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: .~t'
Dimensionsofnewseeondfloor: Ioq~ x z~" ~,~d tS '~ 7 '
Dimensions of floor above second level:
Height (from finished ground to top of ridge): r-J~9 '-6>"
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Flqors and General Characteristics BEFORE Alterations:
Number of Floors and Changes wrI~H Alteratio~nsi .... t//~.-,~/,'
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot: ?1;
Percentage of coverage of your lot by building area: ~ ~-
V. Purpose of New Construction: ~/~ /o~,eo, o~...~.s .
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
~l~d how it relates to the difficulty in meeting the code requirement(s)-
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
Yes ,~ No
Are there any proposals to change or alter land contours?
~No Yes please explain on attached sheet.
FF. fl'
BOARD OF ,~ ~ ~ ..
~ EAL$
1.) Are there areas that contain sand or wetlan4 grasses?
2.) Are those areas shown on the survey submitted with this application?
3.) Is the propegty bulk headed between the wetlands area and the upland bu'i[ding
area?
4.) If your property contains wetlands or pond areas, have yoj contacted the Office of
the Town trustees for its determination of jurisdiction? . All,4 Please confirm status
of your inquiry or application with the Trustees: ~/f~l '°
and if issued, please attach copies of permit with ct~clitions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level?
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? ,A?[Y 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? ~O
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 th~s parcel e'X,¢~,~ ~'~]e ff-~a,,u,/~
andtheproposeduse ~n~te ~JaTt~ }~r~t'~n ~- ,~te-~ rs{-a~kvarll
· (ex: existhg single family, proposed: same with
garage, pool or other)
~'Au-tl(orized signature and Date
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR I2. PROJECT NAME
!
3. PROJECT LOCATION: ~-o~00 {/J~- ~'1) ~.
Municipality I~, .'~ .~' Itt//' k County
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
5. PROPOSED ACTION IS:
[] New E~'Expansion [] Modification/alteration
7. AMOUNT OF LAND AFFECTED:
Initially acres Urfimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[~Yes [] No If No, describe bdefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~esidential [] Industrial [] Commercial
Describe:
[] Agriculture [] Park/Forest/Open Space [] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDFr~AL, STATE OR LOCAL)?
[~Yes [] NO if Yes, list agency(s) name and pelmit/approvals:
11. DOES ANY ASPECT OF ]'HE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? LJ Yes [~o If Yes, list agency(s) name and permit/approvals:
AS A RESULT OF PROCOSED ACT,O. WILL EX~ST,NG PERM,T.APE.OVAL REnU,RE MDO,E,CAT,ON?
[] Yes I~'~o
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: . /~'~ { ~/,4 /~', ~¢ ~'~' Date:
Signature: ~3~ _.~'~
I If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment J
OVER
PART II - IMPACT ASSESSMENT{To be completed by Lead Agency)
A. DOES ACT ON EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF.
I~] Yes E~]No
B WILL ACT ON RECE VE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
E~TM E~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bfiet~y:
C2. Aesthetic, agricultural, archaeologicel, historic, or other natural or cultural resources; or community or neighborhood character? Explain briery:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Grow~, subsequent development, or related actMfies likely to be induced by the proposed action? Explain bdefly:
C6. Long term. short term, cumulative, or other effects not identified in Cl-C57 Explain bdefiy:
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
RECEIVED ~J
8OARD OF APPEALS
D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes ~[--I No If Yes,
explain
bdefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes,
explain
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 occurring; (c) duration; (d) irmversibitity; (e)
geographic scope; and (f) magnitude. If necessa~j, add attachments or reference supporting mafertals. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and addquately 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 charactedsfice of the CEA.
] Check this box if you have identified one or more potentially large or significant adverse impactswhich MAY occur. Then proceed direct/y to the FU[J
EAF and/or prepare a pesiti~ declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed a~on WiLl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Name of Lead Agency
Pdnt or Type Name of Responsible Officer in Lead Agency
Date
T~tle of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: C iV.,. ~'~ ~,.)~ ;r
2) Address of Applicant: 5r5'o'o x4J~T
3) Name of Land Owner (if other than applicant)
4) Address of Land Owner:
5)DeseriptionofProposedProject: ,x,~ ~'
6) Lbc~tion o'f 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? ~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
(Please U.se back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765-193_8 or the Z9rging Board of Appeals at 765-1809.
/ Signature of Applicant Date
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actioh
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as part of the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the apoflc.ant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
RECEIVED
BOARD OF A!:'PEALS
The Town of Southold's Code of Ethics vrohibits conflie~ of interest on the oart of town officers md emolovees. The vurpose of
this form is to vrovide information which can alert the town of oosalble conflias of interest and allow it to take whatever action
necessary to avoid same.
e, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, indica~ the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance ~ Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(lf"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 6fflcer 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 applicant/agentJrepresentative) 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 owner of greater than 5% of the shares of the co¢orate 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);
__~2) an officer, director, partner, or employee of the applicant; or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS t
Submitted this
Signature
Print Name
Town of Southold
A. INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
All applicants for permits* including Town or Southold agencies, stf'dl'laqoY~Ol~t~dor
proposed actions that are subject to the Town of Southold Waterfront Consistency Review LawT'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 ama (which includes all of Southold Town).
lfany question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the 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# /{7~_~ - ~"~? ' 7
The Application has been submitted to (check appropriate response):
TownBoard [~ Planning Dept. [] Building Dept. [~ BoardofTrustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital []
construction, planning activity, agency regulation, land transaction) []
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
.o
Location of action:
Site acreage:
Present land use:
Present zoning classification:
RECEIVED
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:
(b) Mailing address:
(c) Telephone number: Area Code ~j~
(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 Sonthold that enhances community character,
· preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
Yes [] No [] (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
~ Yes [] No [] (Not Applicable- please explain)
TOWN OF SOUTHOLD
B U 1L. DINtG, DE PARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1502
FAX: (631) 765-9502
SoutholdTown. NorthFork. net
Examined ,20 __
Approved
Disapproved a/c
,20
Expiration
,2O
DEC - 2 2011
BLDG. DEPT.
TOWN OF SOUTHOLO
PERMIT NO.
BUILDI~ PERMIT APPLICATION CHECKLIST
~you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
· Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
C.O. Application
Flood Permit
Single & Separate
Storm-Water Assessment Form
Contact:
Building Inspector
Mail to:
PLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
Phone: RECFrvED
SOaaa OF AppEALS
20
a. This application MUST be cornpletely filled in by typewriter or in ink and submitted to the Building Inspector witb 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on 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 Buildiag Inspector will issue a Btfilding Permit to the applicant. Such a permit
sbaH be kept on the premises available for inspection tlaroughout the work.
e. No building shall be occupied or used in wbole or in pa~ for any purpose what so ever until the Building Inspector
issues a Ce~ificate of Occupancy.
f. Every building permit shall expire if the work autborized has not commenced within 12 months a~er the date of
issuance or has not been completed w/thin 18 months from such date. If no zoning amendments or other regulations affecting tbe
property bare been enacted in fine interim, the Building Inspector may authorize, in writing, the extensibn of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to tbe Building Depamnent for the issuance ora Building Permit pursuant to the
Building Zone Ord hmncc of the Town of Soutbold, Suflblk County, New York, and other applicable Laws, Ordinauces or
Regulations, for tbe constructL,n of buildings, additions; or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, bousing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
~S]~itS~plicanror na~e, ifa corporation)
(Mailing ~ddFe~
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises &L~N ~ ~&~
(As on the tax roll or latest deed)
If applicant is a corporation, sign?ure of duly attthorized officer
(Name and tide of corporate officer)
Builders License N~.
Pktmbers License No.
Electricians License No.
Other Trade's License No.
Location of land on which proposed work will be done:
House Number Street
Hamlet
County Tax Map No. 1000 Section [ O (::2
Block C)(o Lot
Subdivision Filed Map No. L~ot
State existing use and occupancy of premises .and intend.~d use and of proposed construction:
. .
a. Existing use and occupancy .,~lV~lq ,.~[I,~ oc~cupancy
b. Intended use and occupancy z~ ~
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Addition
Other Work
Estimated Cost Fee
If dwelling, number of dwelling units ,o v~.
If garage, number of cars ----
Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each ~floor ~
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. "
7. Dimensions of existing structures, ifany:Front '~"~/ Rear ~6,.¢/ .Depth I~
Height ~- ~" Number of Stories 2.- "~
10. Date of Purchase b]OkJ · L, ~;2.¢,~-
Dimensions of same structure with alterations or additions: Front
Depth 7-q. 2.~ Height ~- 4-" Number of Stories
Dimensions of entire new construction: Front Rear
Height ~ { / Number of Stories 2-
Size oflot: Front ~~f-'2'lt/ Rear I'~;. z:~'~/Depth
Name of Former Owner
Rear
Depth [\. 2.~
11. Zone or use district in which premises are situated )v~ t t
12. Does proposed construction violate any zoning law, ordinance or regulation? YES 7 NO__
13. Will lot be re-graded? YES NO /' Will excess fill be removed fi'om premises? YES
14. Names of Owner of premises ~ir..~ tO~1¢. Address
Name of Architect UI/~II~ ~ ~,:t,/'mt~ Address~l ~.7--~ ~T'
Name of Contractor Address.
NO
Phone No.6~Jl' :gq ~,.-/(oa5
Phone No /.tx. 7z"/' 7.-~-,~
Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property Within 300 feet of a tidal wetland? * YES __ NO /
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation 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 V"' NO__
· IFYES, PROVIDE A COPY. '2~,'- F--f~t¥~' °I~ vu!~"l'- ~,d ,iD') ~_. ~vv~l~.
being duly sworn, deposes a id s~k~NN. thatED.(S)heBuNcHiS the applicant
(Name of individual signing contract) above named, Notmy Public, State of New YoI~
No. 01BU6185050
(S)He is the Qua#fled In Suffolk County ~ , .~
(Contractor, Agent, Corporate Officer, etc.) Oomrmss~on [::k~ii-~ ApM114, ~..~ J--
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.
Sworn to before me tl~s~ ^ ~. I,-., A
~'-~ dayofJ-~ ' .'~ '~ 20 /1
Notar7 Public ~
S"l~ature of Applicant
Page 1
5550 W Mill Rd, Mattituck, NY 11952
Google Earth:Directions 2/1/2012
CEI~TI[?ICATE OF OCCUPANCY
NONCONFOI!MING pREMISES
TIIIS IS TO CERTIFY that the
/~_~ Land
/ / Buildina(s)
I-I Use(s)
located at 5550 WEST MILL ROAD
Pre C.O. ~- z17592
Date- Dec. 13~ 1988
MATTITUCK
Street Hamlet
shown on County tax map as District 1000, Section 106 , Block
Lot 07
~' RECEIVED
BOARD OF APPEALS
06
, does{noQconform to the present Building Zone Code of the
Town of Southold for the following reasons:
INSUFFICIENT TOTAL AREA.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming ~_X/Land /--/ Building(s)
/--/Use(s) existed on the effective date the present Building Zone Code of the
Tov.m of Southo!d, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Buildin~ Inspector's' Office, the ozcupancy ?md use for which this Certffi-
Property contains 2 story, on~ fanily, ~ frar~d d~a~lling
The Certificate is issued to STEVEN SAMBUCCI & JOAN FET~tERSTON
of the aforesaid building.
NO'I'ICI; IS IiEIII~BY GIVEN that the owner of the above premises IL'IS
~J~ CONSENTED TO AN INSPECTION of the premises by the Building lnspec-
VICTOR G. LESSARD
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
RECEIV L,
BO , <D OF AP . £ALS
No Z18923 Date MARCH 27~ 1990
THIS CERTIFIES that the building. RENOVATION AND ADDITIONS
Location of Propert~ 5550 WEST MILL ROAD MATTITUCE
House No. Street Hamlet
County Tax Map No. 1000 Section 106 Block 06 Lot 07
Subdivision Filed Map No. Lot No.
conforms substantially to the Applicat~on for Building Permit heretofore
filed in th~s office dated MARCH 31r 1987 pursuant to which
Building Permit No. 15993Z dated MAY 18~ 1987
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 2ND STORY ADDITION & RENOVATE EXISTING ONE FAMILY DWELLING
AMENDED TO INCLUDE ATTACHED DECKS.
The certificate is issued to STH~EN SAMBUCCI-JOAN FETHERSTON
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPBRTMENT OF HEALTH APPROVAL
UNDERWRITERS CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
Nl18450 MARCH 14~ 1990
MAR~ BAXTER FF~B. 28r 1990
Inspector
Rev. 1/81
BOARD OF APPEALS
RECE]'VED
£oe* ~e lh~ ~u~he~Xy X~no, no
Old MAXI ~oad, iud M GLower thlm
Tba'~ four b::tt*usd.nou .,.~-~"aold pat, b3.n~ a,t. ee, s ak, o't~ b~:ez'go.~ed~
RECEIVED
BOARD OF APPEAL
BOARD OF APPEAL.~
~,ECE]VED
BOARD OF A?,OEALS
BOA ~<$.~ EA L8
BOARD OF APPEALS
OF APPE/!~ ~
~,E~,,.EIVED
BOARD OF APPEALS
TOWN OF SOUTHOLD PROPERTY RECORD CARD
VILLAGE DIST. SUB. LOT !l~
OWNER
STREET
"l" , ~J~:~ ' , - .'-v ~7 ~'~ · ~' '' ~
~. ~ ~ J~~ : ,~,z~: ~ ~:~ .,,~: z.... . '
' U ~PE OF BUILDING
~..~b S~S. . ~L. ~' FARM CO~. CB. MICS. Mkt. Value
~D ' ' IMP, TOTAL DATE RE~RKS
, ' ~ I ,
~ ~"
~GE BUILDING CONDITION
NEW NOR~L BELOW ABOVE
FARM Acre Value Per Value
Ac re
Tillable FRONTAGE ON WATER
f ·
Wo~land FRONTAGE ON ROAD ~ ~ ~-~ - ~"
Me~dowl~.d DEPTH / 0 0 ~ F
House Plot BULKH~D
Total DOCK
CO:OR 7%/
Porch
Breezeway
Garage
Foundation
Both
Floors
Interior Finish
Heat
Rooms 1st Floor
Patio Rooms 2nd Floor
O.B. Driveway
Total
Basement
Ext. Walls
Fire Place
Type Roof
Recreation Room
Dormer
TRIM
Dinette
K.
LR.
DR.
FIN. B
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
February 8, 2012
Zoning Appeal No. 6546
Transmitted herewith is Zoning Appeals No. 6546 of Gly & Michelle Weir- 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, Notice of
Disapproval from Building Department Dated December 7, 2011, Copy of Application for
Building Department with Disapproval Dated December 7, 2011, Copy of Google Map of
Property, Copy of Certificate of Occupancy Nonconforming Premises Pre-C.O. Z 17592 Dated
December 13, 1988, Copy of Certificate of Occupancy No. Z 18923 for 2nd Story Addition &
Renovate Existing One Family Dwelling Amended to Include Attached Decks Dated march 27,
1990, Two Pages of Action of the Zoning Board of Appeals No. 1750 Dated March 29, 1973,
Copy of Survey Showing Property Dated March 21, 1973 Prepared by Van Tuyl, Surveyor, Two
Pages of Action of the Zoning Board of Appeals No. 797 Dated August 19, 1965, Drawing of
Property Showing Existing & Proposed Construction, Two Pages of Property Record Card, Five
Pages of Photos Showing Flag Where Proposed Construction will be, Copy of Survey Showing
Existing Construction Dated October 30, 2004 Prepared by William F. Savion, Architect, Copy
of Site Plan Showing Existing & Proposed Construction Dated January 16, 2012 Prepared by
William F. Savino, Architect, Seven Pages of Plans Showing Floor Plans, Elevations and
Sections Dated January 16, 2012 Prepared by William F. Savion Architect.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 2/7/12
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
6546 Weir, Glyn 1939 $500.00
F_-B - 8 2012
$500.00
By lc Thank ou.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 02/08/12
* * * RECEIPT * * *
Receipt~: 125644
Transaction(s):
1 1
ZBA Application Fees
Reference Subtotal
6546 $500.00
Check#: 1939
Total Paid: $500.00
Name:
Weir, Glyn B.
5550 West Mill Drive
Mattituck, NY 11952
Clerk ID: CAROLH Internal ID: 6546
#10597
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
~2~CEIVED
BOARD OF APPEALS
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed.copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
22nd day of March, 2012.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
SOIYi~OLD TOWN ZONING
BOARD OF APPEALS
THURSDAY APRIL 5, 2012
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law and
Town Code Q~apter 280 (Zoning), Town
of Southold, the follOWing public hearings
will be held by thc. SOUTHOLD TOWN
ZONING BOARD OF APPEALS al the
Town Hall, 53095 Main Road, EO Box
1179, Southold, New York 119714~959, on
~ - Requ~t fo} Variance fi-om origi-
nal ZBA Grant ~504 and the Building
Inspector's February 7, 2012 Notice of
Disapproval based on ameeded plans for
the accessory garage at; 1) the dem011tion
and reconstruction are a devlafiOo of the
o,~aal ZBA grant allowing additions and
altera~iom, located at: 2~0 Nassau Point
Roaa.(edj. to Broagw~it~s Cove) Ca-
1~ AM. - OLIVER ami GLOm&
ante from ACdcle III Section 280-15 and
t~e Buliding Inspecto/"s Februaq/8, 2012
cation for building permit to constant an
swimming pool ac 1) location other than
the code required rear yard, located at:
385 North Cross Road (corner Holden
Avenue) Cutchogue, NY. SCFMgt000-
10343-29
10:40 A.M. - DAVID IL THORN.
TON and JANET F~ DAVID$ON ~3
- Request for Variance from Article
XXII1 Section 280-124 and the Building
Inspector's January 18, 2012 Notice of
Disapproval based on an application for
building permit for additions to a single
family dwelling at: I) more than the code
permitted maxLmum lot coverage of
located at: ~205 Breakwater Road (corner
East Road) Mattituck, NY, SCTM#1000
B~ildthg !mpec~or'~ January 30, 2012 N0-
~ df ~ppmvM ~.o?: ~n applica-
t~a f~r build~g pem~:-~ lit61r ~
cared ~ ~OO~lb~ Drive ~ee~p~rt,
( JOANNA WEINER - ~. _~9_ - Request fo~
Vadance 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
construct additions/aherations and deck
addition to existing single family dwelling:
1) less than the code required minimum
rear yard setback of 50 feet; located at: 275
Back Lane (aka Private Road #5) Orient,
NY. SCTM#1000-174-26&11.1
~ P.M. - THOMAS and IRENE
KALOGERAS . g6554 - Request for
Variance from A~icle XXIII Section 280-
12A and the Building Inspector's Febru
ary 15, 2012 Notice of Disapproval based
on aa application for building permit to
construct alterations and "as buih" deck
addition to existing single family dwelling:
1) legs than the code required minimum
side yard setback of 15 feet; l~cated at:
700 Sound Beach Drive (on Long Island
Sound) Mattituek, lX~ SCTM#1000-99-1.
Request for Variance from Atflcl~ XXIIi
Sec~on 280-124 and the Building Impec-
tor's February 13, 2012 Nofiee ~f Disap-
proval based on an application f~r buigl~
Jng petinlt for "as built" deck addition to
e~sQng single family dwelling. ~) leas than
the code req,'~ui~ minimum rear yard
· etback of 60 fe~ located at: 43~0 Indian
Neck Road Peconic, NY. SCTM~100098-
g65~ - Request for Variance from Article
III Section 28045 and Article XXiII Sec-
tion 280-124 and the ~allding II~pector's
December 28, 201! Notice of Disapproval
based on an application for baild.'.mg germli~ ~
for an accessory garage ae 1) I~on 0th~F
than the code required rear yard, 2) lot eo~-- '
erage more than the code pennitled 20%
ma~dmum, located a~: 75 gth Street (cor-
ner of Front StreeQ(aka 717 Front Street)
~ P.M. - I~IMOGENOR POINT.
clual0n of each heanng. Fa& hearing wi~
54375 W4al~ Roed (Ot~e Location)
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jn
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.nel
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
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 11971-0959, on THURSDAY~ APRIL 57 2012:
1t :00 A. M. - GLYN and MICHELLE WEIR - #6546 - Request for Variance from Article XXlII
Section 280-124 and the Building Inspector's December 7, 2011 Notice of Disapproval
based on an application for building permit to construct additions/alterations to existing
single family dwelling: 1) less than the code required minimum rear yard setback of 50
feet; located at: 5200 Mill Road (aka 5550 West Mill Road, Cox Neck Road) Mattituck, NY.
SCTM#t000-t 06-6-7
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and priorto the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vicki.Toth~,Town. Southold.ny.us.
Dated: March 5, 2012
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box t179
Southold, NY 11971-0959
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: ~[~://southtown.nor~h fork.net
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 arrangements were made in either a written statement, or durinq 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, 5:3095 Main Road, Southold:
NAME:
SCTM #:
WEIR, GLYN
1000-106-6-7
# 6546
VARIANCE: SETBACK
REQUEST:
ADDITIONS &
ALTERATIONS
DATE: THURS., APRIL 5,2012 11 AM
If you are in.terested 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
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
SCTM Parcel # 1000-
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, [,[(c~x~&~-. ~q~( residingat
New York, being duly sworn, deposes and says that:
On the [4 day of lx, k&~-£.~,q ,20 k2-, I personally mailed at the United
States Post Office in lxA&¥~ ~¢%¥L , 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 ( ) 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.
(Si~ndtt~re)
Sworn to~efore)he thi~
Notary Public State of New York
Qua ified in Suffolk County
/ ~ (N°tary Pub!!9~' No. O1SC4725~89
~" ' Term Expires May 31.'~ '
PLEASE listtithe 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.
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print 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 Wont if space permits.
1. Article Addressed to:
B. R~ceived b
D. Is delivery address diffemnt f~om itern l ? [] Yes
If YES, enter delivery address below: ~o
3. Sewice Type
I~ Certified Mall I-I Mail
Express
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D,
7011 0110 0000 0656 8246 r-lyes
2. Article Number
~r~,~,o,~,~,~ ~Ol~ O\iO 9000 0~5~ %l~
i PS Form 3811, February 2004 Domestic Return Receipt 10259s-024a-lS~u __
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdet 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:
A. Signature
D. Is delivery address different from item 1 ?
if YES, enter delivery address below:
[] No
· Complete items 1, 2l and 3. Also complete
item 4 if Restricted Delivev~' is desired.
· Print your neme and address on the reverse
[] Agent
DD
d
_ J
so that wa can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front If spaca permits.
1. Article Addressed to:
7011 0110
2. Article Number
cr,~r vom ~c~ ~O
PS Form 3811, February 2004
B. Received by (Pdnted Name) C. Date of Delivery ? ......... l .....
D.Isdeliveryaddmssdifferent fn3m itan 17 [] Yes
If YES, enter daiivery a(ldress below: [] No
3. s~,~ '~ '~ -'"/'"1
0000 0656 8260 I OYes
o~/0 0o00 0~6~
Domestic Return Receipt 102595~-9s40
City, State, ZIP+4
Postage $ $0.~1~
Certified Fee
Return Receipt Fee
(EndorSement Required)
(Endorsement Required) ~0, O0
Total Postage & Fees $
City
...J ! A L U S E J
$ $5.~5 ~
· Complete items 1,2, and 3. Aisc 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 mailpisoe,
or on the front if space permits.
1. Article Addressed to:
A. Signature
X
8. Received by ( Printed Name) C. Dat~ of Delivery
D. IsdeliveTaddressdlffem~tfmmiteml? []
if YES, enter defivery address below: [] No
Certified Mall I-1 Express Mall
RegisterlKI [] Return Receipt for Merchandise
7011 0110 0000 0656 8253 r-lYes
2. A~ticle Number-
(Transferfromservicelabel) ~0~ ~\~ ~[~00 ~
PS Form 3811, February 2(]04 Domestic Return Receipt: 10~S95-02~1540
J]
r'-I Return Receipt Fee $2 · ~
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$0.5
$2.95 ,
TOWN OFSOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
POSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
residingat %~%j15 ~. )v~.([[ ~<'~.
, New York, being duly sworn, depose and say that:
On the 2~ day of ¢fid3~(a¼ ,201Z, 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 pr!or to the
date of the subject hearing date, which hearing date was shown to be /~ i~ ¢'); ~/OI)--
Sworn to bet;ore me ~is
Day of 9~2~r ~ , 201 t
(Notary Public)
(Signature)
VICKI TOTR
Notap/Public.Stat~ of New ~
No. 01T06190695
Qualified in Suffolk County, .~
Commission Expires July 28, 20.L_~'''-'~
* 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
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 SOUTItOLD
Tel, (631) 765-1809 · Fax (631) 765-9064
February 7, 2012
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 #6546
Action Requested:
Within 500 feet of:
Owner/Applicant: WEIR
Rear yard setback
( ) State or County Road
(X)Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Leslie K. Weisman
ZBA Chairperson
By:C'~'~.
// --
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 t I971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
April 20, 2012
Glyn Weir
5550 W Mill Rd
Mattimck, NY 11952
RE: ZBA Application #6546
Dear Mr. Weir:
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.
Vicki Toth
Encl.
Cc: Building Dept.
LAH
8¸1
62
t.4
10. I
NOTICE
cOUNTY OF SUFFOLK
, Tax Service Agency
106