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Home My WebLink About6561 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 17, 2012 ZBA FILE: 6561 NAME OF APPLICANT: Justin and Susan Smith CEIVED Southold Town Clerk PROPERTY LOCATION: 1040 Founders Path (corner Landon Road) Southold NY SCTM#1000-64-2-15 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 March 29, 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: Subject parcel is located in the R40 zone and contains 22,111 square feet. It is improved with a one story dwelling with attached deck and garage. It has 150.00 feet of frontage on Founders Path, 146.76 feet of frontage on Landon Road, 150.00 along the west property line and 148.07 feet along the north property line as shown on the survey prepared by John T. Metzger, LLS dated May 21, 2007. BASIS OF APPLICATION: 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 July 29, 2011, updated March 20, 2012 Notice of Disapproval concerning addition and alteration to an accessory garage attached by a breezeway, at; 1 ) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet. RELIEF REQUESTED: The applicant requests a variances to construct a second story addition to the garage with a front yard setback of 34.1 feet where the code requires 40 feet, and a height of 25 feet where the code permits a maximum height of 22 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 3 - May 17, 2012 ZBA File#6561 - Smith CTM: 1000-64-2-15 1. Town Law l~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 because many of the existing garages and homes in the area have similar setbacks. 2. Town Law 1~267-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 because the garage already exists and granting the new roof line in order for the applicant to gain some additional storage space will not change the existing setback. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial, because the existing setback will not be changed and only a very small portion, approximately 10%, of new roof will be above the maximum height required by 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. The physical conditions will be improved because the new roof line will be mom in keeping with the roof style of the existing house. The environmental conditions will be improved because the new construction will be required to meet the current standards for controlling drainage and roof runoff. 5. Town Law l~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 ia effect prior to or at the time of purchase. However, the board finds that adding a small space on top of the already existing garage will have a minimum effect to the neighborhood. 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 additional storage space in their accessory garage 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANTs the variances as applied for, and shown on the survey prepared by Peconic Surveyors PC and dated May 21, 2007 and the drawings labeled sheet I and 2, prepared by Joseph Fischetti P.E. dated June 5,2011. 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 fi'om the variance(ay granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar dest~n that is de minirnis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3 - May 17, 2012 ZBA File#6561 - Smith Fore of the Boar& Ayes' Members Weisman (Chairperson), Dinizio, Goehringer, Schneider, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ~t--/o~ /2012 Z REAR ELEVATION FRONT ELEVATION S~LE: 1/4"= 1'-0" S~LE: 1/4"= 1'-0" ~FiNAL ~p z REVIE~D BY ZBA RECEIVED D~WN BY: ]F/MM ~ -- ~ ~ ELEVATION RIGHT EL~ATION Jun~ S~LE: 1/4" = 1'-0"~~ S~LE: NTS SHEET NO: EXISTING EXISTING IX]STING 9-1/2 ~1230 WOOD-I ~ ~16"OC SECTION A-A SCALE: 1/4" = 1'-0" WIND-BORNE DEBRIS PROTECTION FOR WOOD STRUCTURAL PANEL AS PER TABLE 1609.1.4, N.Y,S. RES, CODE: ALTERNATIVE FOR OPENING PROTECTION (IF NOT USING IMPACT GLAZING) / / / / CTN30~2 1~N30~6 2 {2) 1 3/~X9 1/2 /~4[ HDR (2) 1 3/~X9 1/2 M~. HDR 30"AFF /' / / /' 24'-O" 2ND. FLOOR PLAN SCALE: 1/4" = 1'-0" 7UlY~" ,.~ ~.: 3'-10%" EXISTING FOUNDATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED -~ I {'q I_~- EX DOOR REPLACE EX DOOR hAL w/i/)TsTFE~ ~LITCH PLATE 24uO" (2) 13/4Xll 7/8 ML HDR REPLACE EX DOOR RECEIVED ~ ~AR ] 1 2012 BOARD OF APPEALS 1ST, FLOOR PLAN__ SCALE: 1/~" = 1'-0"~l x~ . DRAWN BY: ]F/MH ]une 05, 2011 SCALE: NTS SHEET NO: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE RECE'I'VED BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING March 29, 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 Gardner, Elizabeth Smith, Justin & Susan (c/o Joseph Fischetti) 6560 6561 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 TO: Joseph Fischetti for Justin & Susan Smith P O Box 616 Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 29, 2011 Updated: March 20, 2012 *Amended: April 4, 2012 Please take notice that your application dated September 9, 2009 For permit for an addition & alteration to an attached accessory garage at Location of property 1040 Founders Path, Southold, NY CountyTax MapNo. 1000- Section 64 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, to this attached (by breezeway) accessory garage, is not permitted pursuant to Article III, Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized ... are nonconforming and have not merged ..." The required front yard setback for this lot is 40'. The proposed second floor setback is 34.1 '. In addition, the proposed construction is not permitted pursuant to Art. III Sec. 280-15 The maximum allowable height is 22' The proposed 2nd floor addition will be 25' in height. Patricia Conklin, Permit Examiner *Amended to specify the proper code section. FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: July 29, 2011 Updated: March 20, 2012 TO: Joseph Fischetti for Justin & Susan Smith P O Box 616 Southold, NY 11971 Please take notice that your application dated September 9, 2009 For permit for an addition & alteration to an accessory garage at Location of property 1040 Founders Path, Southold, NY County Tax Map No. 1000 - Section 64 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, to this accessory garage, is not permitted pursuant to Article IV, Section 280-18 which states: No building or premises shall be ... altered in the R40 District unless the same conforms to the requirements of the Bulk Schedule... with the same force and effect as if such regulations were set forth herein in full. The required front yard setback for this lot is 40'. The proposed second floor setback is 34.1 '. In addition, the proposed construction is not permitted pursuant to Art. III Sec. 280-15 The maximum allowable height is 22' The proposed 2na floor addition will be 25' in height. P~tricia Conklin, Permit Examiner LOT NUMBERS REFER~I/O "FOUNDERS ESTATES" F/LED /N THE SUFFOLK COUNTY CLERK'S OFF/CE ON MAY 10, AS F/LE NO. 854. THE LOCA T/ON OF SEPTIC SYSTEM SHOWN HERON ARE FROM F/ELD OBSERVAT/ONS AND / OR DATA OBTA/NED FROM OTHERS. 1927 N ~0~ 3° AREA=22,111 SQ. FT. ~0~ 3~ SURVEY OF PROPERTY A T SOUTHOLD TO WN OF SO UTHOLD SUFFOLK COUNTY, N.Y. 1000-64-02-15 SCALE: 1'--$0' MA Y 21, 2007 FINAL MAP REVIEWED BY ZBA SEE DE--SION # DATED MAR ,~ 1 Z012 BOARD OF APPEALS · =MONUMENT ANY ALTERATION OR ADD/T/ON TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COP/ES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF TIlE SURVEYOR ~HOSE S/GNA TURE APPEARS HEREON. 12.T0 TRAVELER STREET SOUTHOLD, N. Y. 49618 ~765-179 7 07-155 ir RECEIVED Filed By: Assignment No. ~: ,~,A,,~ 2 '¢ '/~i 7_ APPLICATION TO THE SOUTHOLD TOWN BOARD OF API~[~}D OF APPEALD House No. IOq'~ Street F~J~lde~ P&'~ Hamlet Sc~"/L~ ~ SCTM1000Section6~r BlockO~Lot(s). I~ LotSize2~IIj$~ Zone ~4~) Applicant(s)/Owner(s): Mailing Address: 1090 Telephone: 76,~-- ~ ~~- I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSpeCTOR DATED ~]'0$q ~<~, ~d)/] BASED ON SURVEY/SITE PLAN DATED j00tg~ Fax: Email: 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 }vish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITEtPL/MN DATED t91~. ~Jt ~O~] and DENIED AN APPLICATION DATED ~ (~ 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 b n~ers. Do not quote the codeJ Article: ~ Section: ~) - [~ I Subsection: Type of Al~p~l. An Appeal is made for: ~)xA 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). .. (P/ease be sure to research bqfore completing this question or cai~ our qff'tce for assistance) Name of Owner: ZBiile # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VAR1ANCEREASONS: 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: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of re~ef requested is not substantial because: (4) The variance will 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 ~?~No. Are there Covenants and Restrictions concerning this land: )~ No. [] Yes (please furnish coov). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)~ · Signature of Appellant or Authorized Agent ~~~ (Agent must submit wrJ tten Authorization from Owner) I'!otaIS' Public, State Of New Yor~ 13 i:19%095328, Suffolk Cou~l~ ::,ii F×piresJuty7,20 !_~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~- S 0.5/~a G/~ ,~4 Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED MAR II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: BOARD OF APPEALS Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): 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 Floors~and General Characteristics BEFORE Alterations: 2z x 'z8 Number of Floors and Change~ WITH Alterations: I ¢ '//0" ~ 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: Z~-t I I I Percentage of coverage of your lot by building area: K 12. V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in [n_eeting 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 X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. RECEIVED MAR 2 1 BOARD 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? 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 p.f 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? 1~ 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? ~5 If yes, please submit a copy of your bt~i,.[ding p~ermit and suryey as appro~ved by the Building_ Department and please describe: ~O~'m,~' oplg~, aro o.x~p~eot~ ~d Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval· Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel d and the proposed use ~ ~ [ll,~ · (ex: existing single family, proposed: same with garage, pool or other) A~,~riz-ed signhture and Date PROJECT ID NUMBER PART 1 · PROJECT INFORMATION 1. APPLICANT I SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicanl or Project Sponsor) I SEQR RECEIVED. MAR 2 ] 2012 BOARD OF Al: DESCRIBE PROJECT BRIEFLY: 3,P~OJECT LOCATION: 4. PRECISE LOCATION: Street Addem~ a~l~ Road Interse¢l~gs. P. romi~ la.marks ef:c - or provide mai) 7. AMOUNT OF LAND FECTED: ' ~:)"~'7 Initia.y Z2t I I I ~ i,.~'O'7~ u~ately acres 8. W~LL PROPOSED ACTION COMPLY W1TH EXISTING ~ONING OR OTHER RESTRJCTI S? [~ Other (describe) g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as app y,) ~LResi(~entlal [] Industrial [] Commercial E~,g,isulUare [] P~rk/FOfest/Open Space 10. DOES ACTION li~'OLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Eederal. State Or Local) r-]Yes ~'~No If yes, llst agency name and permil I approval: 1% DOES ANY_Y_j_ASPECT OF THE ACTION HAVE A CURRENTLY VAIJD PERMIT OR APPROVAL? ]Yes [~JNo yes. agency name permit / approval: list amd 1~S A RF.~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ASOyJ~ IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name J~'~4 ~t- ~'~5~1/[ 5 ~~ Date; (~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PEALS PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) I':DOES ACT$O?"N'"~IXcEED ^N'~' 'CCPE . THRESHOLD IN 6 NYCRR' PART e 17'47 If yes' c°°rdjnate the review process and use Ihe FULL E/~'F'I~] YeS C. COULD A~ION RESULT IN ~ ADVERSE EFFECTS ~8~IA~D WITH THE F~LO~NG; (~swem ~y be ~dhen, C1. ~i~ a~ qual~, s~ or g~ndwa~r q~ ~ qua~, no~e ~vels. ~ng ~ ~em. ~ waste ~ ~ dis~al, I C2. ~e~, ag~ltu~l, ar~ml, hlst~, or o~ m~mr ~ cu~ m~s; ~ ~mm~ or nel~h~*~ chamc~O ~aln b~: . ' ' g ~ ~e~ ~ ~eo en~tyofu C5, G~. subsequ~t devel0pmen~, ~ relat~ a~l~[e; J~;ly to ~ ~d by t~ p~ ~h~;~? ~lh ~h~ ...... E~IRONME~T~L ARE~ ~C~? { E. 8 HERE, OR I~ THEEE LIKELY TO BE1C~ROV~8Y RE~T~ TO POT~ ~V~SE E~I~ MPACT8? E~ ex~la~: P~T III - D~MINATION OF 8]GNIFIG~CE ~o ~ ~m~ by INSTR~ONS: Fmea~adv~eeff~iden~fl~a~.de~inewheth~R~ssu~nUal.iarge, lm~nt~ot~es~n~t. ~ch eff~ s~e~d ~ ~s~s~ in ~necflon with ~ (a) s~ng ([.e; u~a~ m mini); (b) pm~bili~ of ~; (c) duration; (d) i~e~mibi[i~: (e) ge~ph~ s~pe; a~ (0 m~n~e. I~ ~a~. ~d a~n~ ~ r~r~ sup~ting ~t~ls. Ensure ~at ~ana~ ~n~in sufficient de~ ~ sh~ ~at ~1 relevant adve~ Impa~ ~ve be~ ~fi~ a~ a~ua~y ~dre~. If~ d ~pa~ii~s che~ y~, the ~ermina~n of ~niF~n~ ~st evaluate ~e ~tenfialimpa~ of the ~ a~ion o Check tl~is box if you ha ye Identff~ed one ~ mom potenU ally large or slgniflca nt adverse Impacts Which MAY ocoJr, Then proceed directly t~ lhe FULl Name of Lead Agency Date Title of Responsible Officer Print or Typb Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preporef (it different from ~esponsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use perndt, 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: j u~i,~t4 2) Address of Applicant: 104,0 ]~l/bl ~$ 3] Name of Land Owner (if other than applicant): 4) Address of Land Owner: ' ' 5) Description of. ergposted P~roject: ~1~ ~ 6) Location of Property (road and tax map number}: tO4'0 7) Is the parcel within an agricultural district? ~No Y-lYes If yes, Agricultural District Number 8) Is tt~is parcel actively farmed? ~No l~]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 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 Please use back side of page if more than six property owners are identified.} The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the 7aoning Board of Appeals at 765-1809. ~ Signature o-f Apphcan( 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 acti6~ 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 &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 applicgnt 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. [-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF AppEALS The Town of Southold's Code of Ethics prohibits conflicts ofinter~t on the oart of town off~cers and ~molo¥~-s. The ourpo.z of this form is to t~rovide information which can alert the town of t~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all ~hat apply.) Tax grievance Building Variance .~. Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES". complete the balance of this form and date and sign where indicated. Name &person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line Al through D) and/or descr/be 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); C) an officer, director, panner, or employee of the applicant; or ___D) the actual applicant. DESCPdPTION OF RELATIONSHIP Form TS 1 Submitted tl~s ~ay o~f /~[0~. ~ 201~ ~. SignatureX~~ Print Nan~e K-~ ~/O15 :/tin 5 t144 i'J~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED MAR ~ I 2012 BOARD OF APPEALS The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of town officers and emolovccs. The oumose of this form is to on)vide information which can ale~t the town oftmssible conflicts of inten~t and allow it to take whatever action is necessary to avoid same. YOUR NAME: ( LSas t'n/O?m~i fi/'-r sL~/, middle..~ini/~i;!l, unSl'es~/~s y/i u3are applying i n t he name o f someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company~ spouse, sibling, parent, or chitd) 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 pa~nership, in which the town 6fficer or employee has even a partial ownership of(or cmploymem 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 elnpIoyed by thc Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o'r child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCtLIPTION OF RELATIONSHIP Form TS I Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED MAR ] 2012 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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# 64- -~._,__- 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 o£action: /q-aa ~/e..3o Location of action: Site acreage:___ Present land use: Present zoning classification: O.G7 Dwelh ¢ If ~ application for ~e proposed action has been filed with the Tom of Sou~old agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) ~o> ! - -~6~'"--~(-~ 85-- (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes Now If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of in frastructn re, makes beneficial use of a 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) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ 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) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) _ I I Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes [] No ~- (Not Applicable - please explain) Attach additional sheets if necessap~ 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 IIl- Policies; Pages 34 through 38 for evaluation criteria. Yes [~ No [~t (Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No~ {Not Applicable - please explain) Atlach additional sheets if necessary WORKING COAST POL1CIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LVVRP Section III - Policies; Pages 47 through 56 for evalnation criteria. Yes [] NoR (Not Applicable- please explain) 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 II1 - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [~ No [] Not Applicable - please explain Attach additional sheets if necessary Policy 13. Section II1 - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [~ Not Applicable- please explain Promote appropriate use and development of energy and mineral resources. See LWRP R~CEIVED RECEIVED AR ~ 1 ~012 54375 Main Southold, New~k 11971 CERTIFICATE OF OCCUPANCY No: 35279 Date: 11 ~7~2011 THIS CERTIFIES that the building RESIDENTIAL ADDITION Location of Property: 1040 FOUNDERS PATH SOUTHOLD, SCTM #: 473889 Sec/Block/Lot: 64.-2-15 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore fried in this officed dated 9/23/2009 pursuant to which Building Permit No. 35017 dated 9/23/2009 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: second floor addition to an existing one family dwelling and non-habitable second floor addition garage as applied for. RECEIVED MAR Z 1 2012 BOARD OF APPEALS The certificate is issued to Smith, Justin & Smith, Susan ............ (owNER) -- of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 9/20/11 35017 t0/14/11 ). ' John ~ Rei~.h~ ~ .t~ ~ Town Hall Annex 54375 Main Road P.O. Box I 179 Southold, NY 1197141059 Telephone (631 ) 765-1802 Fax (63 I) 765-9502 roger dchertC, town.southold.ny.us BUILDING DEPARTMENT TOWN O1' SOUTItOLD CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION ssued To: Justin & Susan Smith Address: 1040 Founders Path City: Southold St: NY Zip: Building Permit #: 35017 Section: 64 Block: 2 Lot: 1,q WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE 3ontractor: DBA: Custom Lighting of Suffolk License No: 38893-me SITE DETAILS office Use Only Commerical Outdoor 1st Floor Pool New Renovation 2nd Frcer Hol Tub Addition Suntey Attic Garage INVENTORY Servicelph ~ Heat ~ DuplecRecpt ~ CeilingFixtures Se~/ice 3 ph Hot Water GFCI Recpt Wall Fixtures Main Panel A/C Condenser Single Recpt Recessed Fix~res Sub Panel NC Blower Range Recpt Fluorescent Fixture Transformer Appliances Dryer Recpt Emergency Fixtures Disconnect Switches Twist Lock Exit Fixtures OtherEquipment: 1-paddle fan, l-exhaust fan HID Fixtures Smoke Detectom CO Detectors Pumps Time Clocks TVSS RI:CEiVE£t BOARD Ur APPEALS Inspector Signature: Date: Oct 14 2011 81-Cert Elec~cal Compliance Form TOWN OF ~"qdTItOLD BUILDING DE,,kR~MENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.netJSoutl~ ~ld/ PERMIT NO. ~ BUILDiNG PE~IIT APPLICATION CHECKLIST Do you ~ or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form ~/' ' N N.Y.S.D.E.C. Examined j~lr/ /~ ,20~ /',,~,t' VJ I~ Contact:Trustees- Disapproved~c ~[~[ ~:~ [~g ~ ~ ~ Expiration ~.__ ,2~ k~ ) // '-- Ileal , a~~CATION FOR BUILDING PE~IT '-~/ Date V/~ INSTRUCTIONS 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, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant, Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months afier the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Si' ( 'gh~gl'e of applicant or name, if a corporation) ' ' (Mailing add'ss ofapplidant) ~'~1~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder / Nameofownerofpremises J~/-~T''~ ,~' 3'~ (As on the tax roll 6r latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street v County Tax Map No. 1000 Section ~' ~q' Subdivision (N~e) Hamlet Block 2_ *: ~t/,,~ Filed Map No. __'~-' - -l.~? -~ 2. State existing use and occupan~fpremises and inter~ded use and a. Existing use and occupancy fO ~g-~' b. Intended use and occupancy ~~_~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost )/))/0~, Fee If dwelling, number of dwelling units If garage, number of.cam ~ fproposed const~ction: Addition 2 )3 ~ F/dr3 ~Alteration Other Work gaescription) (To be paid on filing this al~plication) 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, if any: Front ~'(~3 Rear Height / ~ Number of Stories Dimensions of same structure with alterations or additions: Front ~2 :. Depth Height Number ~f StQdeS 8. Dimensions of enti~ r~ew construction: Front :~-"~ (S?'°I~ ~ Rear Height ~ O Number of Stories DepthL ,~.6' [~ear 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__ 13. Will lot be re-graded? YES__ NO b//Will excess fill be removed from premises? YES NO 14. Names of Owner of premises fl~/~ ~'t '~ ~/~]P~ddress 1~3~/(J/0/4/q/]4qff5///]'~qhone No.~- Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO J 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. STATE OF NEW YORK) SS: COUNTY OF $~-rMk ) ~ o .~. a .~ O~ ~ t~ · ~/~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)Heis the O~(J M d& (Contractor, Agent, Corporate Officer, etc.) 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 tree 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 this ~4~'' dayof AotosJr 200~ Public John M. Judge S'1¥3dd¥ :tO O'dVO[t NOTARY PUBLIC, State of New York No. 01JU6059400 Qualified In Suffolk County Commission Expires May :~9.20 J.L. Signature of Applicant LOT NUMBERS REFER TO "FOUNDERS ESTATES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MAY 10, AS FILE NO. 8,34. 1927 THE LOCATION OF SEPTIC SYSTEM SHOWN HERON ARE FROM FIELD OBSERVATIONS AND / OR DATA OBTAINED FROM OTHERS. N ~o~ 3° AREA=22,111 SO. FT. vo~ 3~ m =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 720gOF THE NEW YORK STATE EDUCATION LA~. EXCEPT AS PER SEC)70N 720Q-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 SIGNATURE APPEARS HEREON, SURVEY OF PROPERTY A T SOUTHOLD TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-64-02-15 $CAL~: 1'--$0' MA Y 21, 2007 RECEIVED MAR 2 ] 201_~ BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD RES. X/4 S~S. W. LAND IMP. /. C 0 N TOTAL ~oo0 FARM DATE VILLAGE W COMM. I N D. DISTRICT ACREAGE '~-/~Z~: TYPE OF B SUB. LOT ,~LDING CB. M;SC. REMARKS .~ oo ZZ o o P,4e. ?]cro / House PI~ ~, iTotal Extension Extension Garage O.B. 64.-2-15 2/10 10z- 7c/17 Bath Foundation ~'~l J-'~ r~,~(~/'~- Floors Ext. Wails Fire Place r~ Porch Interior Finish Attic Rooms 1st Floor Patio Rooms 2nd Floor Driveway 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 22, 2012 Zoning Appeal No. 6561 Transmitted herewith is Zoning Appeals No. 6561 of Joseph Fischetti for Justin & Susan Smith- 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 Updated March 20, 2012, Two Pages of Photos, Copy of Certificate of Occupancy No. 35279 for Second Floor Addition to an Existing One Family Dwelling & Non-Habitable Second Floor Addition Garage Dated November 7, 2011, Certificate of Electrical Compliance Dated October 14, 2011, Receipt from Office of Building Inspector No. 80286, Copy of Survey Showing Property as it Exists Dated May 21, 2007 Prepared by Peconic Surveyors, Copy of Application for Building Permit with Disapproval Dated July 29, 2011, Copy of Survey Showing Property as it Exists Dated May 21, 2007 Prepared by Peconic Surveyors, Copy of Two Different Survey Shown Side by Side, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated May 21, 2007 Prepared by Peconic Surveyors, Two Pages of Plans Showing Garage Elevations and Floor Plans Dated June 5,2011 Prepared by Joseph Fischetti, PE. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/21/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6561 Smith, Justin & Susan 426 $1000.00 $o~ thold Town Clerk $1000.00 By lc Thank '¢ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/22/12 * * * RECEIPT * * * Receipt~: 128164 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6561 $1,000.00 Check#: 426 Total Paid: $1,000.00 Name: Smith, Justin J 1040 Founders Path Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6561 PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEWYORK11971 TEL:631.765.2954' FAX:631,614.3516 · e-mail:joseph@fischettLcom Date: 30 April 2012 Reference: RECEIVED BOARD OF APPEALS Justin & Susan Smith Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Dear Ms. Chairwoman, I will be out of Town during the hearing of Mr. and Mrs, Smith so I would like to make my views known to the Board. I am both the adjacent neighbor and the engineer of record for the garage renovation. The subdivision known as "Founders Estates" was built in the late 1920's early 1930's. Many of the lots were ¼ acre; 17 feet wide by 150 feet deep. My home at 1725 Hobart Road was one of the first constructed. The original owners built on one of the 75-foot wide lots and left a second adjacent lot vacant. My home, as many homes in Founders does not meet the up- zoning requirements of the current 1-acre zoning. My home is 15.3 feet from Landon lane and my garage is 34.5 feet from Landon lane. If you drive around the community you will see many garages, which were built early in the last century, are very close to the roadways. Mr. Smiths main home is built on a slab and thera is a limited amount of storage space in the home. When we redesigned the original home, which was a ranch, we tried to design storage into the attic, but attic storage is limited. We had proposed that additional storage would be designed into the attic of the garage. It is my opinion as a neighbor and professional that the current design is in keeping with the colonial nature of the neighborhood, and will fit in nicely. Very truly yours, Joseph Fischetti, PE 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 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, 53096 Main Road, P.O. Box t 179, Southold, New York 11971-0959, on THURSDAY~ MAY 37 2012: 11:40 A.M. - JUSTIN and SUSAN SMITH #6561 - Request for Variances from Article XXlII Section 280-124 and Article III Section 280-'15 based on an application for building permit and the Building Inspector's July 29, 2011, updated 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; t040 Founders Path (corner Landon Road) Southold, NY. SCTM# 1000-64-2-15 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 emaih Vicki. Toth~.Town. Southold.ny.us. Dated: April 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1t79 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 SMITH, JUSTIN & SUSAN #6561 MAP # 64.-2-15 VARIANCE SETBACK and HEIGHT REQUEST ADDITIONS/ALTERATIONS TO ACCY GARAGE DATE: THURS, MAY 3, 2012 11:40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-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 Z. BA 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 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 during the hearin.q, providin.q 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 Postin,q 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 Ends. #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 19th day of April1 2012. I ./T cipal Clerk Sworn to before me this ~2"3 day of ~)~ 2012. NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Qualified In Suffolk Couflty My Comr~l~llon Expires February 28, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 3, 2012 PUBLIC HEARINGS NOTICE IS HEREBY G1VEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hag, 53095 Main Road, i~O, Box 1179, Southold, New York 11971-0959, on THURSDAY MAY Carryover Hearings, continued from prior meetings and pending additional information: A~ourned from Public Hearing April $, 2012 10:00 A.M.- OLIVER and GLORIA SELIGMAN. ~65~ 10:.20 A.M. - ROBERT SULLIVAN #6563 - Request for Variance from Arti- cle XXH Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single famUy dwelling, at;l) less than the code required bulkhead setback of 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY. SCTM#1000-104-13-8 10:40 A.M. - LINDA PIZZOLI~_ #6564 - Request for Variances from Ar- ticle IV Code Sectinn 280-18, based on an application 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 l¥ont 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 Point Road (cor- ner Carringten Road) Cutchogue, NY. 11.'00 A.M. - ELIZABETH A. GARD- NER #6560 - Request for Variance fi.om 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 c~cerning screen porch with outside shower over ex- isting deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-47-2-30 11:20 A.M. · RICHARD MEYEI~- 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 dwellthg, 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, 4) 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 ~ - 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 July zg,20gLupdat- ed March 20, 2012 Notice of Disapproval concernthg 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 allowabie of 22 feet, located at; 1040 Founders Path (corner Landon Road) Southoid, NY. SCTM# 1000-64-2-15 12'00 P.M. - LAURA YANTSOS #6562 - Request for Variance fi.om Ar- tide XXII1 Section 280-124 based on an application for building permit and the Building Inspector's Marcll 6/2012 Notice of Disapproval concerning "as built" addition to an calsting single fata- lly 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) Greenport, NY. 1:20 P.M. - LISA and DAVID ~I- FARELLI #6488 - CRe-Onened from August 4. 2011 oublic hearin_ml 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 application for ad- ditions and alterations to a nonconform- ing building, located at; 1335 New Suffolk Road Cutchogue, NY. SCTMg 1000-109- 7-9.3, The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motinn to re-open the pubhc beating to consider additional facts not in the record concerning two principal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Town recorda Carryover Heatings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 5, 2012 2:00 P. M. - WILLIAM TON'YES · #6553 2:15 P.M. - GEORGE SCHNEIDleR 280-13B(13).The Applicant is the owner Avenue (comer W'fllow Street), Cu- tchogue, NY. SCTM#1000-103-7-20 · 2:30 P.M.. BARRY ROOT f~6559 - Request for Variance from Article XXII Code SeCtion 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval con- cerning proposed partial demolition and reconstruction with additions to a singIe family dwelling, at; 1 ) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Richmond Creek) Peeonic, NY. SCTM#1000-86-6-20 2.50 P.M. - HERNAN MICHAEl, OTANO fBREEZY SHORES/~65~7.. Request for Variance from Artlele XXIII Code Section 280-123 and the Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval based on an application for building per- mit for demolition:and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, struc- turally altered or moved; unless such building.ischanged to a.c~aforming use, loca~d at: g5.Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The Board of Appeals will hear all perso~ or their representatives, desir- ing to be heard at each hearing, ~nd/or desiring to submit written statements before the conclusion tff each hearing. Each hearing witl not start earlier than designated above. Files are available for review during regular bualness hours you have questions, please eonsaet our office at, (631) 765-1889, or by emaih Datedi April 9, ~0/~2 ..... ~ Ol~O BOAR~ O1~ APP~EALS LESLIE KANF~ WEISMAN, CHAIR. PERSON BY: Vicki Toth 54375 Main Road (Office I~oeation) 53095 Main Road (Mailin~SPS) P.O. Box 1179 Southold, NY 11971-0959 10.649-1T 4/19 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS $OUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, ~Q/~Oc/~ ~//~ residing at New York, being duly sworn, deposes and says that: On the [ ~ day of A]/0/~ t { ,20 ~2, I personally mailed at the United States Post Office in _ ~Obfq-]~{) )//) , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shawn on the current assessment roll verified from the official records on file with the (~fAssessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the .applicant's property. (Signature) Sworn t6 before me this 1~4~ dayof ,20 CL (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffo{k County Commission Ex0ima A0r~l 14, PLEASE list on the back of this Affidavit or on a sh~$jaLof-paper~the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. rtl D P°mt~ark Postage rtl Certified Fee Rstum Receipt Fee r"l (EndorSement ReqUired) Res icted Delivery Fee (Endorsement Required) 1:3 Li') Total postage & Fees $0.45 ~__..71 %' r~' Postage I~l Certified Fee ~ Return Rece{pt Fee : Here r-I r-'l Restr cted Delivery Fee Postage Certified Fee Return Receipt Fe~ (Endorsement Required Reeqicteq Delivery Fe, (Endorsement Required Total Postage & Fees 0~71 0411312012 .............. ~ ......... o_.__b~.~. ......... ~. ................................ Cerafied Fee m r"l Return Receipt Fee 1~3 (Endorsement Required) Sent TO t0.45 $2.95 $2m35 $0.00 0971 Certified Fee Postmark Return Receipt Fee (Endorsement Required) Restgcted Dellve ry Fee (E~dorsement Required) TotaJ Postage S Fees $5.75 04113/2012 [.7,,iZ~¢....~.~.___z__:~..~..4....~.;..;._c~,_' ] '~'-~'~'~%t~';~':/X';'; ........... 7' '7"'---~' .............. ' TOWN OF SOUTHOLD 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) residing at , New York, being duly sworn, depose and say that: Onthe 2-'~ dayof--~ -/~/~1'~ , 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 prior to the date of the subject hearing date, which hearing date was shown to be/P]~/4 3~9 2dl2 t Sworn to before, me this OW myof?qZ (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Qualified in S~ffolk County Commission Expires April 14, 2~_ (,~. * near the entrance or driveway en?ance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · pr[ct 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: Signature Is delivery address different from item 1 ? Yes If YI~S, enter delivery address below: [] No 3' ~.l~l [] Registered [] Return Receipt for Merchandise [ [] Insured Mail [] C.O.D. ~4. Restricted Delive~j? (Extra Fee) [] Yes 2. Article Number 7011 3500 0003 3709 1932 PS Form 3811l Februa~ 2004 Domestic Return Receipt · Complete items 1,2, and 3. Atso complete item 4 ff 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 maJlpiece, or on the fmct if space permits. 4, Rsstr[cted De#ray? ~ra r~e) []Yes 2, Article Number PS Form 3811, February 2004 701~-3500 0003 3709 1871 · Complete items 1, 2, and 3. Also complete item 4 ff Restricted DelivanJ 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 mailplece, or on the front if space permits. 1. Article Addressed to: 2. Article Number PS Form 3811, February 2004 [] Agent ri Registered r~,F~c~ipt for Merchandise [] Insured Mail [~C~G~I~.,: 4. Rest~t~l Dellvm¥? IE~tl:l~esJ [] Ye~ 7011 3500 0003 3709 1888 Domestic Return Receipt 102r~gS-02.M.1540 · Complate Itmns 1, 2, and 3. Also complete Item 4 If Rest~eted Dellvmy Is desired. · Print your name and address on the reveme so that we r~en return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. B., Received by ( Ptfpt~o' Name) D. Is delivery address diffem~ from item 1~ ~] Y~ 4 If YES, enter delivery address below: [] I~o 3. [~ff~hg~ Mail [] Exprees Mail [] Registered r-I Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delive~ (Extra Fee) [] Yes 2. ~icis Number ~ from sen/k~ label) 7011 3500 0003 3709 1918 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1,2, and 3. Also complete item 4 ff Restricted Dellveq/Is desired. · Print your name and address on the reveme so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Oia e [] Agent [] Addressee B. Received b C. Date of Delivery D. Is dslivery address diffment from item 17 [] Yes If YES, enter delivery address below: [] No [ ~ ~ ~ R~m R~I~ ~ M~h~i~ ~D I~u~ Mail ~ C.O.D. ~ ~4. ~ ~ ~ ~) ~ Y~ 2. A~ticle Number (Transfer from serv/ce/ebe/) 7011 3500 0003 3709 1895 PS Form 3811, February 2004 Dom~R~mRecei~ · Complete Items 1,2, and 3. Also complete item 4 If Restricted D~llv~y is desired. · ~ur name and address on the reverse ~we can ratum the card to you. · ~ this card to the back of the mailpiece, .or~-the front If space permits. 4. Restflcted Delivery? (Ex~a Fee) [] Yes 2. Article Number frransferfromsetvlcelabeO 7011 3500 0003 3709 1925 i PS Form 3811, February 2004 Domestic Return Receipt 10259~02-M-1540 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 l:qoor, 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 March 21,2012 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 Adicle XlV of the Suffolk County Administrative Code: ZBA File #6561 Action Requested: Within 500 feet of: Owner/Applicant: Smith Additions & Alterations to accessory garage ( ) 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 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 18, 2012 Justin Smith 1040 Founders Path Southold, NY 11971 RE: ZBA Application #6561 Dear Mr. Smith: 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. Sincerel~ Vicki Toth Encl. Cc: Building Dept. N 22 % -., @ SECTION NO 64 PROPERTy MAp