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HomeMy WebLinkAbout6562 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. 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 TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 17, 2012 ZBA FILE: 6562 NAME OF APPLICANT: Laura Yantsos SCTM# 1000-53-6-11 PROPERTY LOCATION: 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, 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 April 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Parcel is 6,745 sq. ft. located in an R40 Zone District and is improved with a one and one half story frame dwelling. It has 50.00 feet of frontage on Bay Shore Road, 137.03 feet along the northern property line, 50.18 feet on Shelter Island Sound and 132.75 feet on the southern property line as shown on the survey dated June 2,2011 last revised June 9, 2011 prepared by Peconic Surveyors, PC, John Metzger LLS. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's March 6, 2012 Notice of Disapproval concerning "as built" addition to an existing single family dwelling, at; 1) less than the code required side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests a variance for relief of an "as built" addition to an existing dwelling with a side yard setback of 5 feet where the code requires 10 feet. FINDiNGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 3, 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 2- May 17,2012 ZBA File#6562 - Yantsos CTM: 1000-53-6-11 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 of Bay Shore Road consists of non- conforming lots with non-conforming setbacks. The subject parcel is significantly non-conforming in both width and square footage, which is similar to many of the (14) 50 foot lots that exist from the beginning of Bay Shore Rd. to Island View Ave. 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 addition was originally a car port open on three sides. The applicant inherited the property from her parents and discovered her father had enclosed the carport, making it habitable space, without the benefit of a building permit. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing fifty percent relief from the code. However, the enclosed carport has existed in it's current location for many years without detriment to the neighborhood. 4. Town Law l~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 storm water runoffwill be retained on site as per code. 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 purchase. 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 the "as built" addition to 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 Dinizio, and duly carried, to GRANT~ the variance as applied for, and shown on the survey dated June 2, 2011 last revised June 9, 2011 prepared by Peconic Surveyors, PC, John Metzger LLS. Any deviation from the survey, site plan and/or architectural drawings, cited in this' decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(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 nonconfbrmities 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 right to substitute a similar dest~n that is de minimis in nature jbr an alteration that does not increase the degree of nonconformity. Fote of the Board: Ayes. Members Weisman (Chairperson), Dinizio, Goehringer, Schneider, Homing. This Resolution was duly adopted (.5'0). Leslie Kanes Weisman, Chairperson Approved for filing ~ /o!~ /2012 OFFICE LOCATION: [~2// Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave.) ii,~/Southold, NY 11971 To: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM r' RECEIVED ! APR 2 4 ?? Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2012 Re Coastal Consistency Review for ZBA File Ref. LAURA YANTSOS #6562 SCTM#1000-53-6-11 LAURA YANTSOS #6562 - Request for Variance from Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's March 6, 2012 Notice of Disapproval concerning "as built" addition to an existing single family dwelling, at; 1) less than the code required side yard setback of 10 feet, located at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-6-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney N ~O~ 60 ~d vD~ 6?. AREA=6,745 SO. FT. TO TIE LINE · =MONUMENT ® SURVEY OF PROPERTY A T ARSHAI~OI~OOUE TO~fN OF SOUTHOLD SUFFOLK COUNTY, N.Y. ]000-55-0~-I1 SCALE: ~"--20' JUNE 2, 2011 June 8~ 2011 (revisions) JUNE 9, ;ZOII (oddilion$) FINAL MAP REVIEWED BY ZBA SEE DECISION # ~5'~ DATED 5" 11','7 I~o1~-' R£CE/VED ~OARD OF APPEALs LOT NUMBERS REFER TO "MAP OF PECONIC BAY ESTATES AMENDED MAP A" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NO. 1124. FLOOD ZONE' FROM FIRM MAP NUMBER ..~610Z, CO159H SEPTEMBER 25, 2009 ELEVATIONS REFERENCED TO NoA. V.D. SEPTIC SYSTEM AND WELL LOCATION FROM F/ELD OBSERVATIONS AND DATA FROM OTHERS. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SlGNA TIJRE APPEARS HEREON. ~.~. LIC. NO. 4961, /,dECONIC"g~L,~RVEYORS, P.C. (6J1) 765-5020 FAX (651) 765-1797 P. 0. BOX 909 12J0 TRAVELER STREETI souTHoLD, N.X ~ 111-155 YA NT,5 O,5 EE,51DENC 5TRUCTUR~ IFINAL MAP REVIEWED BY ZBA ISEE DEC~SION # DATED ~ Il RECEZVED FRONT ELEVATION I~OARD OF AppEAl.~ SIDE ELEVATION n,= iuO,, SCALE: 4 PAGE' LIVING ROOM I ~1~_.,.~ MAP ~ ~ ~ . REVIEWED BYZBA i~~ ~X~STING ~rTCHEN I ~ ~ I Z ~LOOR LAYOUT II C~24~ ~,, CN245 ,~ ~ ~ > ~ Zzd~ FLOOR PLAN PAGe- TO R~MAIN U NRXCAVAT~D POUNDATION FLAN SCALE; ¼"= ILO" [~XIDTING 8" C J TO REMAIN CEILING TILE5 DINING ROOM BUILDING SECTION "A" 5CALE:~ h, _ _ ILO" FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED ,~ /tiff Iz~ol 3- BOARD OF APPEALS PAGD 3 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE April 6, 2012 SARAH LANSDALE, AICP DIRECTOR OF PLANNING RECEIVED BOARD OF AppeAL_S Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Yantsos, Laura Municipal File Number 6562 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~0099 TELECOPIER (631) 853-4044 ~7~VED FORM NO, 3 NOTICE OF DISAPPROVAL ~OARD OF APPEALS DATE: March 6. 2012 Laura Yantsos 3455 Bayshore Road Greenport, NY 11944 Please take notice that ,our application dated February 28, 2012: l'or permh R)r "as built" addilion to an existing single lhmilv dwelling at: 1.ocation of property: 3455 Ba.'~hore Road Greenport, NY Count.s Tax Map No. 1000 - Section 5~3 Block _6 Lot 11 Is returned herewith and disapproved on the lbllowing grounds: The "as built" addition to this existing single family dwelling, on a non-conforming 6,745_ square foot lot in the Residential R-40 District is not permitted pursnant to Article XXlll Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size. require a nlinimunl side yard setback of l0 feet. l'bc "as built" addition as shown on thc survey is 5.0 l'cct from thc side yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may t~tt ,. u hcl rc'~icw by the Southold Town Building l)epartment. CC: file, Z.B.A. ~ECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP~p OF APPEALS HouseNoAq~,~ Street'~A-¥~,4~O~¢~ I~OAD Hamlet SCTM 1000 Section[000 Block ~9 Lot(s) Lot Size-CO ?:}3 7 Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED .3/l~}l ~2~ BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): H0 ID Mailing Address: ~t[~' fi' 'l~/h"/~ [-~ I~__- 1~)~ LB Telephone:~} ~')'/-ZZ~ 7 Fax: Email: NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract Yendee~ etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: se check to speciJ.~, who you wish correspondence to be mailed to, from the above names: Applicant/O~vner(s), ( ) Authorized Representative, ( ) Other Name/Address below: YVHEREBY TI1EBUILDING INSPECTOR REVIEWED SURVEY/SITE PLA~ DATED~ ~' "~ t-Jt0~'~/l 2.D I{ and DENIED AN APPLICATION DATED ~--/,2~¢~/I ~-- FOR: ( ) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use j~ Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by Kumbers. Do not quote the code.) Article: )~.,,~/// Section: ~f~) Subsection: /~,.3L// 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, ~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research b~/bre completing this question or call ottr off, ce.for assistance) Name of Owner: ZB~ile # REASONS FOR APPEAL (additional sheets maV be used with preparer's signature): AREA H4RIANCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties ifgranted, because: /-j~t~'],/ i/= ~o*r' ttdc,~;?", o~ (2) The benefit sought by the applicant C~NOT be achieved by some method feasible for the applicant to pursue, oth~r than an area variance, because: ~?~ ig ~ ~ ]u ~v~ (3) The amount of relief requested is not substantial because: (4) The variance svill NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or 0(~)No. Are there Covenants and Restrictions concerning this land: ~ No. 13 Yes (please [ttrnish copy). 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,ISt,,, ~--B~G R~STED' j4ND PLEASE COMPLETE TIlE AT17tCHED USE VARIANCE SHEF~r a~) ~ ( / Signature ~ Appellant or Authorized Agent ~ (~elll ~nfil written Authorization from Owner) Sworn to before me this of 6' . . Not~r y"~u bli¢ CONNIE D. BUNCH Notary Public, Slate of New Yonk No. 01BU6185050 Qualified in Suffolk County Commission Expires April 14, 2C~l~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~C~.VE~ J II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /~ O tO ~ Dimensions of new second floor: /~J D M ~ Dimensions of floor above second level: /~ 0 t° ~.5 Height (from finished ground to top of ridge): /o 0 ,,a ~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: b/t9 III. Proposed Construction Description (Alterations or Structural Changes) (attach CxtTa sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~.5 ~ 6-0~9 J~- t tq'FT~ c-~ e /~ Number of Floors and Changes WITH Alterations: ~ 0 to {~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~0 ~ ~ ~ Proposed increase of building coverage: p,3 0 ! tO ¢ ~,A ~ Square footage of your lot: ~0 'g 1.5 7 Percentage of coverage of your lot by building area: ?t~¢ 1~9~ , ~ ~ V. PurposeofNewConstruction: '~t°CCOglv:~ ~-l~Tl~a~ ~"ff~tFc'C b C_~,O..pD!Y__'J-. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and 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. RECEIVED fiOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? ¥¢~ ' 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?_ ~ O 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? /4 0 Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that yon are submitting? tOO Please show area of the structores 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?/U ~ 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 occupa_ncy 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? ~'J O If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel $ and the proposed us~ .~ oo.~ L · (ex: existing single litmily, proposed: same with garage, pool or other) -~'5~uthi~e and Date 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ECE[VED i~oARi) OF APPEALS PART I - PROJECT INFORMATION (To be completed by A~3plicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME 3. PROJECT L~ATION: ! 4. PRECISE LOCATION (Street address s~d road intersecti~qs, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: [] New [] Expansion ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 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? Desk:Residential [] Industrial [] Commercial r~] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~/Yes U NO If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION RAVE A CURRENTLY VALID PERMIT OR APPROVAL? L.J Yes ~] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~No Applicant/sponsor hi. HAT THE ~_~:; PR£~DE~ Ai~E 'S~/~)%O~.~Ec~'T O~F MY KNODatV~e~DGE.~ /~_~ ~/~ * I If the action is in [~(~oastal Area, and you are a state agency, complete the I I Coastal Assessment Form before proceeding with this assessment I OVER ] A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR~es, coordinate the review process and use the FULL EAF. [~Yes F~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617 69 ]]OAII, lie~I~vAPPEAL: decJaration may be superseded by another involved agency. [~] Yes [~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, dra nage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species significant habitats, or threa eeed or endangered species? Explain briefly: C4.A community' 's ex~sting' ' plans or goals as officially' adopted, or a change in use or intensity of use of and or other natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be educed by the proposed action? Explain briefly: C6. Long term, short term, cumulative or other effects not identified in C1-C57 Explain briefly: C7. Other impacts including changes in use of either quant tyor 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)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR IS THERE LtKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL 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) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient 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 prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and anysupporting documentation, thatthe proposed action WILL NOT result Jn any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Tide of Responsible Officer Signatere of Preparer (If different from responsible officer) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net [ xamined ..... 20 Approved ,20 Disapproved a/c "~/ {'l[''''''' '~ Expiration 20 __ PERMIT NO. RECEIVED BOARD OF APPEALS BUILDING PER1V~T APPLICATION CHECKLIST Do you hair 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 Flood Permit Storm-Water Assessment Form Contact: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS 7 /2 5; ,20_/9-f a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatiooship to adjoining premises or public slreets or areas, and waterways. c. Fhe work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available fbr iospection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until th,e Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting thc properly have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit lbr an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Towu of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal/o~molition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, l~ing cffde, agd regulations, and to admit authorized inspectors on premises and in buildiog for necessary inspections./~_.,..//// // / ] (Sign~'ur~/ofapplicant or name, ifa corporation) t (Mailing ~ddress o~' applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~,,AftJ ~ ,/[ (As on the tax roll or latest deed) Il' applicant is a corporation, signature of duly authorized officer (Name mad title of corporate officer) Builders License No. ,N//?~ Plumbers License No. Electricians License No. Other Trade's License No. lx~cation of land on )a/hich proposed work will be done: ih)usc Number Street County 'Fax Map No.! 000 Section ~'~ Block ¢(~) Lot ] [ Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed c~l~}n: a. Existing use and occupancy ~ C 5 lei e~d lc-t A/~ b. Intended use and occupancy BOARD OF APPEALS 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Eslimated Cost Fee 5. I f dwelling, number of dwelling units If garage, number of cars Addition /)( Alteration~ Other Work ~J6/.o~'Uo/ C~P~fftg~7'-- 1~7[~ (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. Dimensiorls of existing structures, if any: Front ¢~[ P~ear q ~ Height ~(2. ~2- Number of Stories / ¢~,,,,~ Dimensions of same structure with alterations or additions: Front :~/9-FY] ~ Depth ~ ~ .94-t~ f~ Height ~2.('), fro 5'/rrhe Number of Stories Dimensions of enti.re ne,w construction: Front q~ Rear , ¢ ~7)---' Height ~.-~), (:;2 Number of Stories / / /~ 9. S~ ,e of lot: Front 10. Dale of Purchase ll. Zone or use district in which premises are situated '% O/J'~ ~ 12. [)ocs proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES__ N Will excess fill be removed from premises? YES ~Depth ~)'~' (:~J' ¢~'" Rear -~'/¢/~'~ / Depth .~/ Rear :¢', /~ Depth Name of Former Owner ff=7~, d'L NO5¥ 4. Names of Owner ofprepises. Address Phone No. Name of Architect/0~!" ;,.L Addresst:[i ' PhoneNo Name of Contractor Address Phone No. 5 a. Is this properly within 100 feet cfa tidal wetland or a freshwater wetland? *YES X NO * II: YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMI,,T2~ MAY BE REQUIRED. b. Is this property withfn 300 feet cfa tidal wetland? * YES~_x NO * H: YES, D.E.C. PERMITS MAY BE REQUIRED. 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. I f 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__ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS:~ __~ of ifidi~ual signing contrac6bove b~, deposes and s~s that (s)he is the applicantCONNIE D. BUNCH ~ tS)He is tile ~ ~ ~ ' Nota~ Public, State of New York No. 0 i BUGi 35050 (Con.actor, Agent, Co~orate Officer, etc.) Qualified in Suffolk CounW CommL,sion E~ires April 14, 2~/~ of said owner or owners, and is duly authorized to pertbrm 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 ofhis knowledge and belief; and that thc work will be pcrtbrmed in the manner set fo~h in the application filed therewith. Sworn to before me thi~. ~QOL~ day of Notary Publi J/ /Ii g nat ure ,o f A~l~C~-'~¢. ~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~ECEIVED BOARD OF APPEALs WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement mast 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: ~-A~] ~ A~ y~ ~3T~O_ff~ - 2) Address of Applicant: ~ q ~'5" '-~A'-/_~ HO £1~ 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: ~ hW~ ~. ~ ~,t~ .3 ~' · 5) Description of Proposed Project: 6) LocationofPropertyiroadandtaxmapnumber):~m"/,514Ot2~ I~'0~b. ) iO00-~/.~- II 7) Is the pamel within an agricultural district? [] No ~ Yes If yes, Agricultural District Number ~ ~ Is this parcel actively farmed? ~No I~Yes 9) Name and address of any owner(si of land within the agricultural dislrict conlaining 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 1765-19371 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 6. (Please a,~e back side of page if more than six property owners are identified.) The lo. umbers may be~btained, in advance, when requested from either the Office of the Planning Board at 765~ or the Zon~ng~toard~ppeals at 765-1809. Signature of/~71icant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6h on tl3eir farm operation. Solicitation will be made by supplying a oopy 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 aplSlic.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 RECEZVED APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS Thc Town of Southold's Code of Ethics orohiblts conflicts of interest on the part of town officers and employees. The purpose of this form is to orovide information which can alert the town o f cossible conflicts of thtcrest and allow it to take whatever action is necessary to avoid same. YOUR NAME: /*~ ~x~t 7/'~ T,.~cr) 5- (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other NAME OF APPLICATION: (Check all that apply.) Variance ~ Change of Zone Approval o£plat Exemption from plat or official map Other (If"Other", name the activity.) Building Trustee Coastal Erosion Mooring Planning 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 ' ~ncludes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town 6fficer or employee has even a partial ownersbip of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ lfyou 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/agenffrepresentative) and the town officer or employee. Either cbeck 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, dr cbild is (check all that apply): A) fl~e owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED BOARD OF APPEALs A. INSTRUCTIONS 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.northtbrk.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# ~ 0 0 0 ~' 9o b - i / The Application has been submitted to (check appropriate response): Town Board Planning Dept. ~ Building Dept. [] Board of Trustees [~ 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: ~ECE'~VED Location of action: Site acreage: .AOPg0)C , c iD ,qC.~q~q · Presentlanduse: fies lde f .t- - ce -no~, OF APPEALS Present zoning classification: /k5 ~¢ Cc' ~- 'FO R/a,/-- ~I,S'F' I 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: ~ 0 ~-flc y/::/~O ~ (b) Mailing address: ~ Of..b'-._q~' '-~,q ~ _.q. [-IO(2C:g /r~0,'~ (c) Telephone number: Area Code ( ~)~ J - q 7 7 - 2 ~ I 7 , (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ lfyes, 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section 1II - Policies; Page 2 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) I M OO l r 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 explaiu) Attach additional sheets if necessary ~OARD OF APPEAL~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Ailach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~ No [~ (Not Applicable- please explain) Atlach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No [] (Not Applicable- please explain) APPEALS Attach additional sheets ifnecessm7 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [] No ~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, aud public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No [] (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locatious. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ (Not Applicable- please explain) i1£C~I¥£D Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain p LG A~ 5'e~ ~1 ff t~J~0 O ~ . Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain ~0 LO~e ~__ ~ ~ I~ Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energ.v and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No ~ Not Applicable- please explain 3455 Bayshore Road Greenport, NY 11944 February 28, 2012 BOARD OF APPEAL~ in re: Yantsos Residence 3455 Bayshore Road Greenport, NY 1944 Dear Board Members: This is an application for a variance for a carport that was enclosed in 1976 on my mother and father's property, which I now own. The house is located on the bay waterfront in Pipes Cove, Greenport, NY. It was built in the winter of 1956. The house was and is a I ½ story cape code house with full basement, dormas upstairs on the waterfront side of the house. The house was originally built with an attached carport. (See 1956 photo Exhibit E). The carport had a cement foundation, roof, gables and an 8 foot high ceiling with electric. It was held up by posts. In 1976, my father hired a builder and enclosed it. After my parents death, I discovered that there was no file on my parent's home in the building department. Alter speaking with the building department, ! filed an application for a C of O on the carport, and was told that I must first obtain a variance for the enclosed carport. 1 am here to do that. However, I wish the Board to know that subsequent to this application, if fortune smiles upon me, I plan to update the house, i.e. new windows, siding, etc. In order to improve the appearance of~the house, I also want to "square it", which would not mean I would be moving the house any closer to the waterfront, but would mean that this carport room would be affected. Enclosed please find a list of attached Exhibits. Very truly yours, Laura Yantsos /~0-'~-' ~'~// TOWN OF SOUTHOLD PROPERTY RECORD CARD ., OWNER STRE~ ~,'X H .~5 V~LU',GE D~ST. SUB. ~ s w w~ o~ ~u~ RES.~ 10 ~ S~S. VL. FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~o ~ae ~. ~Fo ~z~ED AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE ~OARD OF APPEALS F~ Acre Volue Per Volue Acre Tilloblo Tillable 3 Woodland Sw~p~o.d ~ON~AG~ONW~*~ ~0 ¢ 5 ~ ~ /~c~ FRONTAGE ON ROAD ~_ Brushland ~o~ ~ot ~PVH / ~ Totol DOCK M. Bldg. Extension Extension Extension Porch Garage Patio Total '4 COLOR TRIM Foundation I~Bosement ~-~! £I I Ext. Wails 2.0/Fire Place ? Type Roof Recreation Roorr Dormer Driveway Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo I I THIS INDENTURE, made the 12th day of September , nineteen hundred and Fifty-six BETWEEN ED~dARD T. COSTELLO, residing at Greenport, :4aw &ork, GEORGE YA~TSOS and ETHEL YANTSOS, Street, Cambria Heights, New lork, WITNESSETH, that the part y ( ~10.00 part y of the first part, and his wife, residing at 115-39 221st parti e s of the second part, of the first part, in consideration of TEN and 00/100-::-~--::-,-: ~. Dollars, lawful money of the United States, and other good and valuable considorat ions paid by the par~e s of the second part do ~S ~ereby grant and release unto the pattie s of the second part, the ir heirs ~d assigns forever, ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, County of SufTolk and State of New York, known and designated as lot number 61, on a certain map en- titled, "Revised Map of Peconic Bay Estates", made by Otto Van Tuyl, Engineer and Surveyor of Greenport, N.Y., June 1928 and filed in the Suffola County ClerK's 0~fice on July 30th, 1928 as Map No. 658' which said lot, is bomaded and described as follows:- ' BEGINNP>~G at a monument on the easterly side of Bayshore ~oad where the same is intersected by the division line b~tween lots 60 and 61, on t'~e aforesaid map; RU!qNi!{G THENCE south 23 degrees 51 minutes east along the easterly side of Bsyshore Road, 50 feet to a monument; THE~CE north 66 degrees 09 minutes east along the northerly side of lot 62, on said map and through a monument 140.15 feet to the high- water mark of Peconic Bey; THESCE north 1~ degrees 23 minutes 20 seconds west along the said aighwater mark of Peconic Bay, 50.23 feet to the southerly side of lot b0 on said map; side of Say,bore Road, at the point or place of SEGiNf;{iNO. ThEtC~ south 66 degrees 09 minutes west along said soatheriy side of lot ~0 on said map, and through a monument 144.9~ feet to the easterly ~OARD OF APPEALS TOGETHER with the appurtenances and all the estate and rights of thc part y said premises. of the first part in aud to TO 1/AVE AND T'O HOLD the premises herein granted unto the oart ~ ~, o o~ th ...... ,~ .... Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/27/12 * * * RECEIPT * * * Receipt~: 128512 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6562 $500.00 Check#:1461 Total Paid: $500.00 Name: Clerk ID: Yantsos, Laura 195 N. Village Ave. Apt E-2 Rockville Centre, NY 11570 CAROLH Internal ID: 6562 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/27/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVEO 6562 Yantsos, Laura 1461 $500.00 MAR 2720~ Southold Town Clerk $500.00 By __ Thank you. 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 March 27, 2012 Zoning Appeal No. 6562 Transmitted herewith is Zoning Appeals No. 6562 for Laura Yantsos- thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Laura Yantsos, Copy of Notice of Disapproval from Building Department Dated March 6, 2012, Two Page Copy of Application for Building Permit with Disapproval Dated March 6, 2012, Two Pages of Photos of Property, One Page of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated March 3, 1965 Prepared by Van Tuyl & Son, Copy of Deed Between Edward T. Costello and George & Ethel Yantsos Dated September 12, 1956, One Page of Photos of Property, Copy of Survey Showing Property as it Exists Dated June 9, 2011 Prepared by Peconic Surveyors, P.C., Three Pages of Plans Showing Elevations, Floor and Sections Dated May 24, 2011 Prepared by Nancy Dwyer. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 3, 20t2: 12:00 P.M. - LAURA YANTSOS #6562 - Request for Variance from Article XXlll Section 280-t24 based on an application for building permit and the Building Inspector's March 6, 2012 Notice of Disapproval concerning "as built" addition to an existing single family dwelling, at; 1) less than the code required side yard setback of 10 feet, located at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-6-11 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vicki.Toth~,Town. Southold.n¥.us. Dated: April 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. YANTSOS, LAURA # 6562 SCTM #: 1000-53-6-11 VARIANCE: REQUEST: TBACK "AS B U I LT" ADDITION DATE: THURS., MAY 3, 2012 12:00 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,May 3, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii 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 tn obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postint:l for receipt by our office before May 1, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #10649 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) 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), successfully commencing on the 19TM day of April, 2012. ()L.~'~/~ncipal Clerk Sworn to before me this 2 ~'"~ day of 2012. NOTARY PUBLIC-STATE OF NEW YORK No, 01VO6105050 Quollflecl ffi Suffolk Cou~!ty My Comntlsslon Expires February 28, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 8, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southuld, thc foSowing public hear- ings vail be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, I~O. Box 1179~ Southold, New York 11971-0959, on THURSDAY MAY 3. 2012: Carryover Hearings, continued from prior meetings and pending additional information: A~ourned from Public Hearing April $, 2012 10:00 A.M.- OLIVER and GLORIA 10:20 A.M. - ROBERT SULLIVAN #6~63 - Request for Variance from Arti- cle XXII Code Section 280-116(B) based on an app]ication for building permit and tbs Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwethng, at; 1) less than the code required buIkheed setback of 75 feet, Iocated at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchngue, NY. SCTM#1000-104-13-8 10:40 A.M. - LINDA PIZZOLLA #6564 - Request for Variances from Ar- ticle IV Code Section 280-18, based on an appheation for building permit and the Building Inspector's January 24, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Carrington Road, 2) less than the code required front yard set- back of 50 feet to Nassau Point Road, located at: 4800 Nassau Pdinr Road (cor- ner Carrington Road) Cutchogue, NY. 11:00 A.M.. ELIZABETH A. GARD- NER #6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building per- mit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over ex- isting deck to a single family dwe0ing, at; l) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCFM#10~0-47-2-30 11:20 A.M. - RICHARD MEYER- HOLZ #6556 - Request for Variances from Article XXIII Code Section 280- 124, based on an application for build- ing permit and the Building Inspector's January 12, 2012 Notice of Disapproval concerning proposed demolition and re- construction of a single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard set- back of 10 feet , 3) less than the code required total combined side yards of 25 feet, a) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Island Sound)) Greenport, NY. SCTM#1000-53-6-23 11:40 A.M. - JUSTIN and SUSAN SMITH #6561 - Request for Variances from Article XXIII Section 280-124 and Article III Section 280-15 based on an application for building permit and the Building. Inspector!s Ju~y 29,20L1, updat- ed March 20, 2012 Notice of Disapproval concerning addition and alteration to an attached by breezeway accessory garage, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet, located at; 1040 Founders Path (corner London Road) Southdid, NY. SCTMg 12.'00 P.M. - LAURA YANTSOS ~6~62 - Request for Variance from Ar- ticle XXII1 Section 280-124 based on an apphcation for building permit and the Building Inspector's March 6,'2012 Notice of Disapproval concerning "as built" addition to an exist{ag single fam~ ily dwelling, at; 1) less than the code re- quired side yard setback of 10 feet, lo- cated at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Oreenport, NY. 1:20 P.M. - LISA and DAVID CI- FARELLI ~6488 -fRe. Onened from Auoust 4. 2011 nubile hearin_~.l On Au- gust 18, 2011 the Zoning Board of Ap- peals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Ar- ticle XXIII Code Section 280-122 based on a building permit appheation for ad- ditions and alterations to a nonconform- ing building, located at; 1335 New Suffolk Road Cutchngue, NY. SCTM# 1000-109- 7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the public hearing to consider additional facts not in the record concerning two principal uses on the site and comphance with lot area requirements a~ set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Town records. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Pablic Hearing April 5, 2012 2:00 E M. - WILLIAM TONYES . #6553 2:15 P.M. - GEORGE SCHNEIDER 280-13B(13). The Applicant is the owner Avenue (corner Willow Street), Ca- tchogue, NY. SCTM#1000-103-7-20 '2:30 P.M. - BARRY ROOT 06559 - Request for Variance from Article XXII Code Section 280-I16(B) based on an application for building permit and ~the Buikfmg Inspector's February 14~ 2012 Notice of Disapproval con- cer~ng proposed partial demolition and reconstruction with additions to a (ingle family dwelling, at~ 1) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Rielmurad Creek) Peconic, NY. SCTM#1000~6-6-20 2:50 P.M. · HERNAN MICHAE]~ OTANO (BREEZY SHORESI #t~$$7, Request for Variance from Article XXIII Code Section 280-123 and the Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval baaed on an application for building per- mit for damogdon'and construction of a cottage at; 1) a nonconforming building containing a nonconforming use sha0 not be enlarged, reconstructed, strnc- rurally alfered or moved, unless such building:is changed to a~c~atffornflng use, loca~d at: #5.Breezy Shores Comm. Inc., Sago Blvd. (adj. to Shelter Island Sound) Grecnport, NY. SCTM#1000-53-5-12.6 The Board of Appeals wilI hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing witl not start earbar than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765.1809, or by emall: Vieki.Toth~wmSoutholcLnv. u~, Datedi:April 9, 20~Z . 53095 Main Road (Mailing/USPS) 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- ~' ~ -/~ ~ i I COUNTY OF SUFFOLK STATE OF NEW YORK I, ~t~Ol'~l~ 7~,~1~-~O~C residingat gc~,~q-- ~,gt~t~ ~0~ New York, being duly sworn, deposes and says that: On the [[~ ~y o~ ~ I~ ,2~& I personally mailed at ~e Unit~ S~tes Post Office in~O'~l 0 ~ , New York, by CERTIFIED MAIL, ~TU~ ~CEIPT ~QUESTED, a true copy of the attached Leg~ Notice in Prepaid envelopes addressed to current prope~y owners sho~ on ~e c~ent ~sessment roll verified from the official records on file with the ~ Assessors, or ( ) County Re~ Prope~y Office for every propeay which abuts and~ a6~ss a~blic or private street, or vehicul~ right-of-way of record, su~oundi~~ pr°p~y. (~ (~ (~gnature) Sworn to before me this o~ dayof A-Or;I ,20t _ (Notary Public) CONNIE D. BUNCH Nota~ Public, State of New York No. 01BU6185050 Qualified In Suffo k CounB,· ,/ Commission Expires Apd114, 2~_~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. / · -/IZ2 /'~ /2 ..¢ I~'t /e_...5, /.- o u lZ. r · Oompls~ Items 1, 2, and 3. Also somplete Item 4 if Re~"~ed Dellve~ 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 mallpleca, or on the front if space pe~nlts. /v,'l/~, ',/I,,V co~7" t~. /Lg/¢.~'//.- I ( ~ II '780 If YES, enter delivery address below: [] No ~ = PS Fo~ 3811, Febma~ 2~ Dom~c R~m R~ipt 10259~2-M-1 ~Co~ P~sS ~~ 7[ 7011 3500 0003 3715 1070 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW_ YORK) I, p.h~]~ residing at  New York, being duly sworn, depose and that: say securely upon my property, locmed ten (10) feet or closer from the street or right-of- way (driveway entr~ce) - facing the street or facing each street or right-of-way entr~ce,* ~d thru I hereby confi~ that the Poster h~ rem~ned in place for seven (7) ~ys p[ior to th~ date of~e suUect he~ing date, which he~ingd~3~ms shorn to be ~ 7 ~ . / " // (Signmure) Sworn to before me t~s eL Dayof~p~t~ ,201& CONNIED. BUNCH Nota~ Publ~, State of New Yo~ No. 01BU618~50 Qualifi~ in ~k Coun~ ~ tt ~ot~y Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. m Postmark Here r,- Po~tage $0.~ 0971 m Certified Fee m ¢2.95 76 r-~ Postmark r~ $2.35 Here Lt') TOtal Postage & Fee~ ~ $~. ~ ~S to, Zt~4~' ...................... ~.-~ ........................... ,_,_.~. ........ U3 Postmark $ $5.75 )~/11/2012 · Complete items 1,2, and 3. Also complete Item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: r'l Agent [] Addressee D. Is delivery addn~s different 3. Se~'l~ ~ [] Insured Mail r-I Expose Ma~l 11~"Retum Receipt for Merchandise [] C.O.D. ,.4. Res'ogcted Delivery? ~ Fee)[]Yes 2. Article Number ~'~.~ Z ............. PS Form 381 1, February ~;004 ':~estic Return Receipt 102595-02-M-1540 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 27, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 1 I971 Re: ZBA File Re£ No. # 6562 YANTSOS, Laura 1000-53-6-11 Dear Mark: We have received an application for an "as built" addition to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very~y yours, By: ~-~ ~ldv'-¥' _ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 27, 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 # 6562 YANTSOS, Laura Action Requested: "As built" addition to an existing single family dwelling. Within 500 feet of: ( ) 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 ~X~isman ZBA C~ir,~r;; ~/I~' By: ~-~?VMI 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 May 18, 2012 Laura Yantsos 3455 Bay Shore Road Greenport, NY 11944 RE: ZBA Application #6562 Dear Ms. Yantsos: TranSmitted for your records is a copy of the Board's May 17, 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. Sincerely, Vicki Toth Encl. Cc: Building Dept. MATCH ~ FOR PCL NO ~~° UNE 15¸1 ? ~ ~oo- Sa- ~- UNE SUFFOLK ~ SECTION NO NOTICE