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Home My WebLink About6569 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 21, 2012 RECEIVED SoutT~old Town Clerk ZBA FILE: 6569 NAME OF APPLICANT: James Willse SCTM#1000-51-6-31.4 PROPERTY LOCATION:1665 Mill Creek Drive (adj. to Arshamomaque Pond) Southold NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 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 May 11, 2012 stating that this application is considered a matter for local determination as them 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 a conforming 59,287 sq. ft. waterfront lot in the R-40 zone. It is improved with a one and a half story dwelling and accessory garage. It has 175.oo feet of frontage on Mill Creek Drive, 259.51 feet along the northern property line, 274.78 feet on Arshamomaque Pond, and 260.79 feet on the southern property line as shown the survey dated 1-23-2012, revised 5-3-2012 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Article 111 Code Section 280-15(B), based on an application for building permit and the Building Inspector's March 14, 2012 Notice of Disapproval concerning addition to accessory garage at total square footage at more than the maximum code allowable of 750 square feet. RELIEF REQUESTED: The applicant requests a variance to construct a 390 sq. ft. addition to his accessory garage, which will create a total square footage of 924 sq. ft., where the code allows a maximum of 750 sq. ft. on lots 20,000-60,000 sq. ft. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 7, 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 - June 21,2012 ZBA File#6569 - Willse CTM: 1000-51-6-314 1. Town Law §267-b{3){b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory structures are permitted in the front yard on waterfront properties. While the applicant proposes to exceed the maximum square footage allowed by code, the Board finds that by adding to the existing structure the applicant will avoid the construction an additional larger building in the front yard area. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has the right to construct an accessory structure anywhere within the principal setbacks established by the town code Article 3- 280-15. In this case, the applicant has the right to construct at least another 750 sq. fi. accessory structure in his front yard as long as he complies with minimum setback set forth in code. 3. Town Law §267-b(3){b)(3). The variance granted herein is mathematically substantial, representing 23 % relief from the code. However, by expanding the existing garage, the applicant will avoid constructing an additional larger building in the front yard area and avoid the possible removal of mature trees. 4. Town Law §267-bO)(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. By adding to the existing building the applicant will minimize the amount of disturbance to the property including cutting down trees. All run off will be contained on site per Chapter 236 of the 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 an expanded garage / storage building 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 Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Survey dated 1-23-2012, revised 5-3-2012 prepared by John C. Ehlers, LS. CONDITION: 1) The accessory structure shall remain unheated. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation ./bom the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities' under the zoning code. This action does not authorize or condone any current or future use, setback or other .[eature of the subject property that may violate the Zoning Code, other than such uses, setbackx and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconJbrrni~. Page3of3 June 21,2012 ZBA File#6569 - Willse CTM: 1000-51-6-31.4 l'ote of the Board Ayes. Members Welsman (Chairperson), Dinizio, Schneider, Homing. Thl3' Resolution was duly adopted (4-0) Member Goehringer was absent Leslie Kanes Weisman, Chair.person Approved for filing o3~ /,~.~/2012 IEileen ~rrr, om. Reeiden'r, ial Deeigner &~l '/'5~, 6u'~h~ue, NY Joee~ FI~,im~U, F~ 19'~ I-lei, mc R~d · $oui~notd. NY 11~/1 I I I i ReC£ivp~D I Eil~en 5~rff, om. ~.R~riderfr, i~l Deeigner 6:~1 7"~-279~ Cu~hogue, NY I I I I ;! RECEIVED ~-~ Q MAY ~ 2012 Eileen 5ant, ora. R.e~i~lent, ial Designer 631-T.'.'.'.'.'.'.'.'~Z/94 Cut~h~ue, NY J~e~k Fi~k~$i, PE 1'/'~ ~lo~a~ ~o,,t · 6outhoW, NY 119"/1 I RECEIVED ,q i~AY 2 2012 BOARD OF APPEALS ~¥ I St,II=FOLK SURVEYED 01-25-2012 REVISED 05-05-2012 5UFF:OLK. C. OUNT'r' TAX IOOO - .51 - 6 - 51.4 30ARD OF AppEALS JAMI~ Wn] .q~ & SHARON Wn ] -qE \ % NAL MAP REVIEWED BY ZBA SEE DECISION # (¢-¢~q DATED /7 I~! i ?/g-- LOT OOVERA®E HOUSE AREA I,D-f2 S.F. OR 5.2% GARAGE AREA 554 S.F. OR O.q% ADDITION AREA 5qO S.F. O.7% LOT COVERAOE 2,7a16 S.E. OR 4.6% NOTES: MONUN~NT FOUND FEI'dA FLOOD ZONE A5 SHOINN ON FIRM HAP NO. :~OIO~C. OI.58~H DATE 0c~-25-200q CONTOURS PJEF. N®VD '2q PATUH Area = 5q~57 -~:L- F~. Ar~a 1.56 ~r~ ®P-,APHIC &C, ALE I"= 40' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 REF.C:\Usersklohn~Dropbox\ 11 \l 1 - 191 .pro 369-8288 Fax 369-8287 ~COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minicri Deputy County Executive and Commissioner May I 1, 2012 RF..CEIyED BOARD OF APPEALS Division of Planning and Environment 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 them 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 Greco, Judith Willse, James (c/o Eileen Santora) Harris, John & Kathryn TRK:ds 6568 6569 6570 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: James Willse c/o Eileen Santoro 650 Vanston Rd. Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Mar~[~rl 4, g~EiVED _ BOARD OF APPEALS Please take notice that your application dated March 5, 2012: For permit to construct an addition to an accessory garage at: Location of property: 1665 Mill Creek Drive, Southold, NY County Tax Map No. 1000 - Section 51 Block 6 Lot 31.4 Is returned herewith and disapproved on the following grounds: The proposed construction of an addition to the existing accessory garage on this conforming waterfront lot consisting of 59,287 sq. ft. in the residential R-40 District is not permitted, pursuant to Article III, Section 280-15 (B), "accessory buildings; on lots 20,000 - 60,000 sq. ft. shall not exceed 750 square feet. Survey shows existing accessory garage at 534 sq. ft and with the proposed addition of 390 sq. ft for a total accessory garage of 924 sq. ft. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDING DEPARTMEN] TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFo rk.n~ Examined ,20 Disapproved a/c ~ ~/ Expiration ,20 MAR 5 2012 BLDG. DEP]. _ BUILDING P[[j~IIT APPLICATION CHECKLIST Do yoll~gve or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Single & Separate Storm-Water Assessment Form Contact: ~ {.~'/[~ ~/[-/7"~$Jc Mail to: ~ ~ Building Inspector APPLICATION FOR BUILDING PERMIT Date [,~~ ,20//2., INSTRUCTIONS a. This application MUST be completely filled in by typewriter or iu 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 pan 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 after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the properly 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 ora 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, housigg code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. '~C~t~re of applicant or name, i£ a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or 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. Location of land on which proposed w.o.[rk will be done: House Number Street .... ~'"' a County Tax Map No. 1000 Section ~'! ~ ~~Lot ~/, 6~ Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~-~ID ~A/r.~ D~T-~C--4&~;t-~ gSt,~VZ~ ~ b. Intendeduseandoccupancy ~"D~ Tlgg,',/. TO ~,,dr-;(..t ~&"~14.~223 d. tt4~/d,4~: 3. Nature of work (check which applicable): New Building Addition v/' Alteration ~ Repair Removal Demolition Other Work (Description) Estimated Cost q~ (.~,0, OoO. OO Fee If dwelling, number of dwelling units If garage, number of cars ~ (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~'- 4t~ Rear ~6~ Height /(~_~ (~, t, Number of Stories Dimensions of same structure with alterations or additions: Front Depth '.~Q ~-/D" Height 7~' '- (~o/' Number of Stories 8. Dimensions of entire new construction: Front '~ ~- '~ ~r"Rear ~ ~-4 h Height /~l~ '~ Number of Stories 9. Size of lot: Front ] r]~-1 00 Rear ~,'~23 ' Depth Depth Rear / .Depth I O t. te" 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ g-~ ~ CD~ M '1-14q/~. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO ,~ Will excess fill be removed from premises? YES NO 2e sg;,~, Ml~% D,' M ~ ~ ~ct.. 'dress'"';t~'-' 14. Names of Owner ofprem s _ Aa ?',9 ~5/2~: ot2'o ~'none pqo. __ __ Name of Architect ~t~//.~ N '~--"~, 'Address '~hone No [$~,l Name of Contractor ' AddressGWZC;~c~ t-'e~t N }Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES NO . * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ,u/r NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. /- 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~,~ J J ~ ~ I/_ ~%~ being dtdy sworn, deposes and says that (~)he is the applicant (Name of individual signing contract) above darned, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly autborized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ."~ F.:/7/ day of Not . Pu no ,SignarumM~tiEam" Fee: $ Filed By: Assignment No. ~/1~¥ ~ ~UI~ / BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo./6~ ;~ Street /~dlt~t~Ct~l<L -DtZ, Hamlet <-~C)TN-~)L~ SCTM1000 Section ~l Block ~ Lot(s).~l. ~ LotSize~ /)fi~,~ Zoae~ -I'(WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED FIA~'(~k{ ~ ~)1'?, BASED ON SURVEY/SITE PLAN DATED ~'E J:~ '? ~/31 ~7~ · ~L:caxt(s)/Owner(s): ,.,iA fbi ~ /~ ~-~/~A(~t.~/'x,L. Ix) [ L~/~ Mailing Address: "~ ~). Telephone: ~ Q'~ ' ~l~]-'SO~C~.: ,d 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: ~ L ~-,~ tx[ ,~/~/-[~)L~)-~ for (~wner ( )Other: Address: ~ ~~ ~ ~(4~ ~E i~ Hease check to ~pecify who you wish correspondence to be tnailed to, froth the above names: ( ) Applicant/Owner(s), (~Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED r~- Q - 7.~DI E and DENIED AN APPLICATION DATED :~ -/~' (,OVBuilding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ~ Section: ~/) - [ ~ Subsection: ( Type of Ap. peal. 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, 6,'~as not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). .. (Please be sure to research before completing this question or call our oJfice for assistance) REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: BOARD OF goPoP Ai (1) An undesirable change will not be produced in the CHARACTER of the neighbornoo[ nr-w detriment to nearby properties if granted, because: (3) The amount of relief requested is not ,u~tanti~ecaus,: (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. [3 Yes (t~tease furnish 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 BE N~G ATTACHED USE VARIANCE StlEET: (Please be sure to~ Sworn to before me this day of~ 20 Notary Public C Signa~Gt (Agent m ~EQUESTED, AND PLEASE COMPLETE THE i~[Itt°rnCyO of Appellant or Authorized Agent :ubmit written Authorization from Owner) Eileen Hlynle Notify Pub#c, Stlte of New York Comml.slonN°' 0tHA4~teO18Explre~ ~91/11/ ~) l Zi' Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) j/~t~/E% CLJ~ 00~ ¢ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: i ~ · ~ t )~ ~ , ~ i Dimensions of new second floor: ~*//~ Dimensions of floor above second level: A~/4 Height (from finished ground to top of ridge): /4 '- ,~. Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: /~//) ~,fAY 2 2012 BUARD OF APPEALS III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and Gener~al.~Characteristics BEFORE Alterations: t~k/E ~7./T'Of>~'~ ~-T~,g54~_.~ ~/~ L~ Number of Floors and Changes WI~ Alterations' 0~ ,~ l~ ~/~ I/~ / ~ ~. Calculations of baildiag areas and lot coverage (from surveyor): Existing square footage of buildings on your prope~: ~, ~ ~¢, 0 ~P Proposed increase of building coverage: ' ~0. D ,~/~ Square footage of your lot: ~, ~ ~, ~? ~ Percentage of coverage of your lot by buildfng area: .~,, ~ ~D V. Purpose of New Construction: toF> 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): ;,-/4 z_/ Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premise~ listed on the real estate market for sale? Yes ~/ No Are t~ere any proposals to change or alter land contours? ~/~No Yes please explain on attached sheet. RECEIVED BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted w~th this application. 3.) Is the property bulk headed between the wetlands area and the upland building area? /'~ O 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 of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /¥/(~ Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?/(,/C) If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. I. , P.tease list present ~use or op%rations conducted at this parcel t/OIr/~ ~C~D ~ ~: ~e Eroposed use ~ ~AI~/ I~[~ /~ ~1 '[~ ~ ~ 3 ~ ~/~ ~ ~ . (ex: existhg single f~ily, proposed: same wilh g~age, pool or other) Author~ signature and Date 617.20 Appendix C State Environmental Quality Review ~/~ C~ SHORT ENVIRONMENTAL ASSESSMENT FORM RECEIVED For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME .~ BOARD OF APPEAl 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: ~ ~w ~ansion ~ M~ifimfi~aRemU~ 6. DESCRIBE PROJECT BRIEFLY: I ~ ~ ~ ~i~1~ ~ ~}[~ ~. aMOU~O~NDaSSECTEO: ~%~ Initially acres Ultimately acres 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~Yes ~ No If No, de.be briefly 9. ~AT IS PRESENT ~ND USE IN VICINI~ OF PROJECT? 10. ~ES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTI~TELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L, STATE OR L~AL)? ~Yes ~ No If Yes, list agenw(s) name and ~iFapprovals: 11. DOES ANY ASPECT OF THE ACTION ~VE A CURRE~LY VALID PERMIT OR APPROVAL? ~ Yes ~o If Yes, list agent(s) name and pe~i~appro~ls: 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? D Yes ~.~ , CERTIFY THAT THE ,NFOR~TION PROVmOED ABOVE ,8 TRUE TO THE BEST OF MY KNO~EDGE App,cant/sponsor n me,~'~-.'~ L~ / ~.-~ ~ Date: Signa~ OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the mvtew process and use the FULL EAF. B. W1LL ACTION RECEIVE CDORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may b~supemeded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may he handwrilten, if legible) C1. Existing air quality, surface or groundwater quaiily or quantity, noise levels, e.,dsting traffic pattern, solid waste preductlen or disposal, potentlat for eresion, drainage or flooding problems? Explain briefly; C2. Aesthetic, agricultural, archsuolagicel, historic, or other nstural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife speC, ms, significant hshitsts, or threatened or endangered species? Explain briefly: C4. A community's existfng plans or goals as officially adopted, or a change in use or intensity of use of land or other natmal resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed ac~on? Explain bflefly: CO. Long term, shat term, cumulative, or other effects not identified in C1-C$? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain telefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~ If Yes, explain briefly: E, IS THERE, OR IS ~J-IERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~rsechedversee~eofiden~ab~ve~determinewhatheritissubetantia~arge~imp~rtant~r~the~wisesigni~canL Each effect should be assessed in connection with its (a) setting (i.e. urban o~ rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (r) 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. ] Chec~ this box if you have Identified one or more po~ntialty large or significant adverse impacts which MAY occur. Then proceed dimotly to the FULl EAF and/or prepare a positive dedaratten. [] Check this bex if you have determined, based ce Ibe infonnaflon and analysis sbeve and any supporliag riocumentettsn, that the proposed action IMLI NOT result in 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 Lesd Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signsture of Preparer (If different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Deportment of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: EiL-~P,[ 2. AddressofApplicant: /050 V~/ST-D~'~ 3. Name of Land Owner (if other than Applicant):_ 4. Address ofLand Owner: ~,D..~DK FdEMDHA . 5. Description o~' Proposed ~ - C tq2f Ct¢ IBroR f' ,s x 22<4. / - Location of P,ro~erVz: (road and Tax map , number) IWW% /'~ll_l.. C~ff.~'/~-_ t~"~.,.~Tl.~v~lZ) Is the parcel within 500 feet of a farm operation? { } Y/es .j~ No ls this parcel actively fanned? { } Yes .~No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS L ur APPEALS (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. Thc local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operatioo. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to thc local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the properly owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM MAY 2 2012 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town officers and employees. The nurl~ose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~ / L~E---/:::% A/ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a TYPE OF APPLICATION: (Check all that apply} Tax grievance Variance ~ Change of Zone. Approval of Plat Other (activity) Building Permit Trustee Permit 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" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. ~ YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the 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 Iris or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 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 Submitted this _ ~ day of~_, 20 t'f~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of So~thold's Code of Ethic~ orohibi~s conflicts of interest on the part of town officers a~d emolovees. The nuroose of this form is to nmvide information which can alert the town of oossible conflicts of intereat and allow it to take whatever action is nece~arv 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.) RECEIVED NAME OF APPLICATION: [Check all that apply.) Tax grievance · Building ~{/~Y 2 2t?? Variance ~/ Trustee Ch=g¢oCZo.e Coasta~ Erosion BOARD OF APPEALS Approval of plat Mooring Exemption from plat or official map Planning Other Of"Other", aame 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 6fficer or employee has even e partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed b) the Town of Southold Title or position &that person Describe the relationship between yourself(the applicanffagenurepresentative) and the town officer or employee. Either cheek the appropriate line A) through D) and/or describe in the space provided. l'he 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 e non-corporate entity (when the applicant is not a corporation): ___C) an officer, director, partner, or ~mployee oftha applicant; or ___D) the actual applicant. DESCPdPTION OF RELATIONSHIP Form TS 1 i~') 200 C Town of Sonthold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~-'¥ - & 3/',ZIL The Applieatlon has been submitted to (check appropriate response): Town Board ~ Planning Dept. [~ Building Dept. [5~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Location of action: Site acreage: Present land use: Present zoning classification: 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: ~) L~'~/~ ~ AJ/--~ (b) Mailing address: [~v ~'~ 0 (t~/lf~/~/t~ ~ (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 in frastructu 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) Anach 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 Sonthold. 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) Allach 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) 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 necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - 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 II! - 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, and public resources of the Town of Southald. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. Ye~ 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 locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (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 III - 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. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicuble- please explain Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECEIVED ~A¥2 20!2 BOARD OF APPEALS (Print property owner's name) residingat ~gg-o °~0~ ~ ~t~kf~k~-~lV~ do hereby authorize (Mailing Address) (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. C (Owner's Signature) (Print Owner's Name) TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SODTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the ~ Land B uilding(s) Use(s/ located at 1665 West Mill Creek Drive Pre C.O. #- gl6615 Date- January 27, 1988 Southold Street Hamlet shown on County tax map as District 1000, Section 051 , Block 06 , Lot 31.01 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; width & depth; rear yard; non-conforming garage in front yard. BOARD OF APPEALS On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~ Land ~ Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: This 1.43 acre property contains a one story, one family, wood framed dwelling, with accessory two car garage; and all situated in A-Residential Agricultural zone, with access to West Mill Creek Drive. The Certificate is issued to WALTER H. WINTERNITZ (owner, of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. ~[A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to dote[mine if the premises comply with ail applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regulations. Building Inspector /~-~r>-~"/-~-'~I,~,TOWN OF SOUTHOLD ~RTY R~ORD CARD OWNER STREET /,~__~ ~:~ VILLAGE DIST. SUB. LOT ~*~r~ ~(a~C~ ~ ~ S W ~PE/OF BUILDING ~}~/6'~ S~S. VL FARM COMM. CB. MICS. Mk'. ~ ~ D I ,l~P. TOTAL DATE RE~ARKS / · '/~ I ~ _; , ~, ~/ A6E BUILDING CONDITION N~ NORMAL BELOW ABOVE BOARD OF APPEALS FARM Acre Value Per Value · Acre ~ _~ ~ , Tifl~ble FRONTAGE ON WATER ~ ' -~2~ ~ ~l~ ~ I~~ W~d FRONTAGE ON ROAD ~ I~ ' M~od~l~d DEPTH House Plot BULKH~D Total ~ D~K COLOR M. Bldg. Extension · Extension Extension Porch Porch Breezeway Foundotion Both Basement Floors o ~'~ ~' Ext. W~lls ~/) $~/~ Interior Fihish Fire Place ~eat Rooms 1st Floor Garage ~ xz.(- ~ ..C~-o /~o .5-.2.~ TypeRoof Patio Recreation Room Rooms 2nd Floor O.B. Dormer Driveway Total ~ ~ 4 ~' Dinette LR. DR. BR. ~[R STREET VILLAGE DIST. SUB. LOT FORMER OWNER - - (~'-~ ' E . ? ^cR. I ~r~t~>b I // RES. ] S~S. VL.~/~ FARM CO~M. CB. M~CS. Mk*. Vo~u~ ~AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre V~lue Per Volue Acre Wo~land F~ONTAGE ON EOAD 7 ~ ~ ~eadowlond DEPTH ~ ~ ~ , House Plot BULKH~D Total DOCK ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/2/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6569 Willse, James & Sharon 8589 $500.00 Southold Town Clerk $500.00 By__lc__ Thank~'ou. ~Town of Southold P~O Box 1179 Southold, NY 11971 Date: 05/03/12 * * * RECEIPT * * * Receipl~: 131390 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6569 $500,00 Check#: 8589 Total Paid: $500.00 Name: Willse, James Po Box 308 Mendham, NJ 07945-0308 Clerk ID: CAROLH Internal ID: 6569 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 EO. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 4, 2012 Zoning Appeal No. 6569 Transmitted herewith is Zoning Appeals No. 6569 of Eileen Santora for James & Sharon Willse- 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, Authorization Letter from James Willse to Eileen Santora to Represent them in this Matter, Copy of Certificate of Occupancy No. Z16615 Dated January 27, 1988, Four Pages of Photos with Stakes, Two Pages of Property Record Cards (One Double Sided), Notice of Disapproval fi-om Building Department Dated March 14, 2012, Copy of Survey Showing Existing & Proposed Construction Dated January 23, 2012 Prepared by John C. Ehlers Land Surveyor, Three Pages of Plans Showing Elevations, Floor & Cross Section Dated February 20, 2012. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.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, JUNE 7, 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~ JUNE 7~ 20t2: 11:10 A. M. - JAMES WILLSE #6569 - Request for Variance from Article III Code Section 280-15(B), based on an application for building permit and the Building Inspector's March 14, 2012 Notice of Disapproval concerning addition to accessory garage at; total square footage at more than the maximum code allowable of 750 square feet, located at: 1665 Mill Creek Drive (adj. to Arshamomaque Pond) Southold, NY. SCTM#1000-51-6-31.4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth~,,Town. Southold. ny. us Dated: May 7, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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 WILLSE, JAMES & SHARON #6569 MAP # 51 .-6-31.4 VARIANCE SIZE REQUEST CONSTRUCT ADDITION TO EXISTING ACCESSORY GARAGE DATE: THURS, JUNE 7, 2012 11:10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-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 4~ebsite: http://southtown.northfork.net May 7, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,June 7, 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 May 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than May 28th: 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 May 30th: 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 applicantJagents 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 June 5, 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. #10710 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 24th day of May, 2012. Principal Clerk worn io Deror( ~r,~9 - Request for Variance from Ar- tide III Code Section 280-15(B), based LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JUNE 7, 20i2 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonmg),Town of Southold, the following public hear- ines will be hem bv the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall. ~3095 Main Road, l~O. Box 1179, So. hold, New York 11971-0959, on T. HURSDA_¥ .Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 1, 2012 .t0:30 A.M, . SOUTHOLD HIS CA · 7 ~ Request for Variance from Article X Code Sec- tion 280-46 (bulk schedule), based on an application for building permit and the Building Inspector's March 9, 2012 No- dee of Disapproval concerning proposed front porch addition to existing building located in the HB District, at; 1) less than the code required minimum front yard setback of 15 feet, 2) less than the code required minimum,side yard setback of 10 feet, 3) less than the code required to- tal side yards of 25 feet, located at: 54127 Main Road Southold, NY. SCTMg1000- 61-2-7.2 - Request for Variance from Article XXII1 Code Section 280-124, based on an application for building permit and the Building Inspector's July 8, 2011, updated Mar~h 7, 2012 Notice of Disapproval con- cemmg "as built" deck addition to exist lng single family dwe lng, at; I) less than the code required minimum front yard setback of 40 feet, 2) less than the code required minkaum rear yard setback of 50 feet, located at: 2450 Laurel Way Mattituck, NY. SCTMgl0~0:121-4-19 2012. on an application for building permit and the Building Inspector's March 14, 2012 Notice of Disapproval concerning addition to accessory garage al; total square footage at more than the maxi mum code allowable of 750 square feet, located at: 1665 Mill Creek Drive (adj. to Arshamomaque Pond) Southold, NY SCTM#1000-51-6-31.4 11:30 AM.. EDWARD J. CON~NER ~6566 - Request for Variance from Arti- cle XXIII Section 280-124 and the Build- ing Inspector's March 20, 2012 Notice of Disapproval based on an application for building perrdit to construct a deck ad- dition to existing single fami/y dwelling: 1) less than the code required minimum rear yard setback of 35 feet; located at: 1200 Gillette Drive East Marion, NY. SCTM#1000-38-2-13 ~ - Applicant request a Special Exception under Section 280- 13B(14). The Applicant is the owner requesting authorization to expand an Accessory Bed and Breakfast, acces- sory and incidental to the residential occupancy in this single*family dwell- ing, with four (4) additional bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers for a total of five (5) bodroom~ Location of Property: 7490 Alvahs Lane Cutchogue, NY SCTM#1000-101d-14.4 prior meetings and pending additional information: Adjo~ed from Public Hearing May 3, 2012 1~.'00 P.M. - RICHARD MEYER. HOLZ 86g.~_ ~ PM. - ANTHONY and D,~_N~- IELE CAC/ PPO g6571 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's April 23, 2012 Notice of Disapproval based on an application for building per- mit for an accessory shed; 1) front yard setback at less than the code required 40 foot ~etback, 2) location other than the code permitted front y~rd or rear yard on waterfront property, located at: 1455 Inlet Way (corner Cedar Point Drive East) (adj. to Fairhaven Inlet) Southold. NY. SCTM#1000-92-1-4 CHRISTINA VOLINSKI NOTARY PUBLIC-STAlE OF NEW YORK NO. DlV06105050 Qualified In Suffolk County office at, (63[) 76571809, or by emaih 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- ~5:1 -(-.a - -~1 ,~- COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes and says that: On the I '~ day of t~ J~ ~ ,20 I~, I personally mailed at the United States Post Office in r' OT'~HC:>Z~ UE' , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (~'f'Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) /~gSworn t6 before me this day of/r)q~ , Notary Public, State of New Yo~k ~ ~ No. 4994753 uL · Qualified in Suffolk County jul- (l',I/lafary PUblic) Commission Expires May 22, 20 I.L.I. 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. · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delivan/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 rnailpiece, or on the front if space permits. addres~ diffem~ from item If YES, enter delive~ 1. Article Addressed to: 2. Article Number p'ra~fer ftorn sen4ce/abe0 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] ~t 2. Article Number 7011 0110 0002 5168 322~2 (Trans f~' from se~ce/abe/) PS Form 3B11, February 200,4 Domestic Return ~4eceipt · Complete items 1, 2, and 3. Also complete item 4 if Rest~cted ~i~ ~ desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pa~mits. 3. Se~lce'l~pe 0 Cat[itlt Mall ri Exlx~ Mail [] ReglImd [] Relum Reeslpt f=t Me~handlse [] rnaured Mall C] O.OiD. 4. Restricted Delivery? (Ex~a Fee) [] yes 20o4 7011 0110 0002 5168 3251 Domestic Retum Receipt 102595-02-M-1540, l~st of names Page 1 of 1 From: "Eileen Santora" <eileendrawblu@optonline.net> To: "jim willse" <jimwillse@gmail.com> Date: 05/14/2012 07:05:17 EDT Subject: list of names Hi Jim, went this morning. 51-6-27 William T. Wiley Karen A. Wiley 75 Harvard St Williston, NY 11596 51-6-28 Scott A. Hilary Kelly A. Hilary 1620 MillCreek Dr Southold, NY 11971 51-6-29 Gerard Hayden Claudia Fleming 1485 MillCreek DR Southold, NY 11971 51-6--32 Betty Rugg Phyllis Sousa 1695 HillCreek DR Southold,NY 11971 Town of Southol Att. Town Attorney https:/~webt~p~webmai~ptimum~net/ceru~ean/viewmessage~r=¥~3CrequestY~3E~3Cmai~ 5/15/2012 Postage Ce~ifled Fee Return Receipt Fee {Endorsement Required) Res rlcted Delivery Fee (EndorSement Required) Total Postage & Fees 05/15/2012 Certified Fee ~.¢,~ $2.35 Return Receipt Fee r-'l (Endomement Required) $ $0.~ I2.~5 $0.00 $ [ ~Ri~C~AL US~ l m Return R~eipt Fee Restricted Deli~w Fee Total P~tage & Fees $ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~ ~ - (a~- ~l .'~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~ 1~4~i-q °---.~q~,..~T0~59~ residing at_ &v3C) ~M~3-C)'~4 ~ , New York, being duly sworn, depose and say that: On the ~-~- day of ~4~y' ,201 r~, 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 ofthe subject hearing date, which hearing date was shown to be ,Dc)~ F).~ Sworn to before me this o~ C~.~ Dayof [YL0~0L ,201~ (Notary Public) (Signature) CONNIE D. BUNCH Notary Publ~, State of New York No. 01BU6185050 Qualified n Suffolk Counb/ Commission Expires Apd 14, 27~ * near the entrance or driveway en,trance of my property, as the area most visible to passerby. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Hoot, 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 May 2, 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 #6569 Action Requested: Within 500 feet of: Owner/Applicant: Willse Accessory garage addition - size ( ) 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 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hnp://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUT}IOI~D Tel. (631) 765-1809 ° Fax (631) 765-9064 June 22, 2012 Eileen Santora 650 Vanston Road Southold, NY ! 1971 RE: ZBA Application #6569, Willse Dear Ms. Santora: Transmitted for your records is a copy of the Board's June 21, 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. Sincere~ l Vicki Toth Encl. Cc: Building Dept. ,~ITUA"rl~.. 50UTHOLD TOI~I: ~gI~ 5UPPOLt( C, OUN"FT, .SURVE'(ED 01-2~-2012 5UFF:OLK. C, OUNT'K TAX ~ I000 - 51 - (2 - ~1.4 IAMI~ Wn'L~ & RECEIVED BOARD OF APPEALS ./ L LOT C. OVEP. A~E HOUSE At~EA hS:,J2 S.F. OR ~.2% d~ARA®E AF~EA 5~,4 ~.F. OR O.q96 AE)E)ITION At;~EA ~qO 5.F.O.~96 LOT COVERA®F 2,7%6 5.F. OR 4.8,% NOT1ES: · HONUHENT FOUND FEHA FLOOD ZONE A5 E~-tOINN ON FIRH HAP NO. ;~610~__.,OI,5~rt PATE ~-25-2~ OONT~ ~F. N6~ '2q DA~ ~eo I~ ~re~ ®RAPHIC, SC, ALE I": 40' C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N,Y.S. [,lC. NO. 50202 RIVERHEAD, N.Y. 11901 REF.C:\UsersUohn~Dropbox\ l 1 \ I [ - 191 .pro 369-8288 Fax 369-8287 ISLAND soUND SEESEC.O ] ~ 052 06-001 NOTICE ~ OUNTY Of SUFFOLK @ K ,~ ~,~ ~o~,,,~ SECTION NO I ~,~.~"~~ Real Property Tax Service Agency I '~