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Home My WebLink About6572 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED + . q MEETING OF JULY 19, 2012 ZBA FILE: 6572 NAME OF APPLICANT: Brian Ziegler PROPERTY LOCATION: 1165 Saltaire Way, Mattituck, NY SCTM# 1000-100-1-24 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 20,273.9 sq. fl. lot located in a R-40 zone. It is improved with a one story dwelling, attached deck and accessory shed. It has 100.00 feet of frontage on Saltaire Way, 204.23 feet along the southern property line, 100.05 feet along the western property and 201.25 feet along the northern property line as shown on the survey prepared by Island Wide Surveyors dated May 17, 2012. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3, 2012 Notice of Disapproval based on an application for building permit for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet; 2) less than the total combined side yards of 35 feet. RELIEF REQUESTED: The applicant requests variances to construct a proposed deck addition having a side yard setback of 10.5 feet, where the code requires 15 feet and a combined side yard setback of 33.7', where the code requires 35 feet. ADDITIONAL INFORMATION: The applicant has an existing rear deck which is to be completely removed and a new larger deck is being proposed. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 13, 2012 submitted a plan increasing the side yard setback to 12 feet which eliminated the need for a combined side yard setback variance and brought the plan into more conformity with the codes. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 of 3 - July 19, 20I 2 ZBA File#6572 - Ziegler CTM: 1000-100-1-24 surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3){b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Deck additions are characteristic of residential neighborhoods and the proposed amended location will not be visible from neighboring properties due to dense vegetation at the adjoining property lines. 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 could construct a deck addition without the need of a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein, of alternative relief for a 12.foot side yard setback, is mathematically substantial, representing 19% relief from the code. However, the substantiality is mitigated when considering the alternative relief has eliminated the need to request a combined side yard setback variance. 4. Town Law l~267-b{3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will comply with Chapter 236 of the Town Code's storm water management requirements and the Town's drainage code. 5. Town Law §267-b{3)(b)(5). The difficulty has been self-created. The applicant's desire to construct a deck addition in a nonconforming location has created the difficulty. 6. Town Law §267-b. Grant of alternative relief for a 12 foot side yard setback is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to DENY as applied for, and GRANT ALTERNATIVE RELIEF as follows: minimum side yard shall be 12 feet, as shown on the revised survey dated July 10, 2012 and architectural plans prepared by Dennis T. Oliver, Architect dated 7/10/12 drawing # 120406 three pages. CONDITIONS: 1. The Deck addition shall remain open to the sky 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 ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page3of3 July 19,2012 ZBA File#6572 - Ziegler The Board reserves the rl~,ht to substitute a similar design that is de minimix in nature for an alteration that does not increase the degree of nonconformity. ~'ote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Homing. This Resolution was duly adopted (5-0). 5UP-,VEY NO. 12-11 749 IDIST: /000 ISECTION: /00 pLOCK,: ~ ITAX LOT: 24 MAP' OF P'P-,OP'EP--,TY TITLE NO. S~TUAT~ AT THE OP~ETSOI~DIM~NSIONSSHOWN~[R~)N. Av~NU~ M A T T / T U C ,.E~ ~ ~ .o~ ,,~.o~o ~o TOWN OF 50UTHOLD LOT ~ ~ _, N 73 00~0 E > ~ 20/.25 MONUME~ ) j ~ . ~ CHAIN UN~ ~ENC~ COFIESO~THI55URV~M~ NOT D~NG ~ ~ND 5UKV~OK5 [N~D 5E~ O~ ~M~SED 5~ 5H~ N~ ~:o - ~ o _ ~ ~o~ ~ ~ ~ ~ ~ ~ MO~UM~ ....... ~ J ~ ~ME ~ ~ e ~ ~. P~T ~ ~ ~UNP GUA~5 OK CEKTIrlCATION5 iNDICATED HE~ON ~ ~ ~O ~~~ . ~ 5M~ ~UN ONLY TO TM[ PE~ON ~OK ~OM THE - 7 1~7~ ~ MO~ ~ ~ ~ ,~. ~ COMPA~,~VE~ME~AGEN~ AND ~NDING ~ ~ ~ , 5 ~7- / ~ ~ j_ ~ ~ ~ rz K [ 3~ I" ~ o TH~ ~NDING INSTIT~I~, GUA~5 OR CE~TIFP ~ LOTA~ = } ~ -, 0 ~ . ~ JUL 1 3 2012 I - ' ' ' ' [ ~*m~ 5UKV~D:_ ~ 2~2~PPEAL5 ~ ~ 0 =LOW PROPODED.~I~ION: . .. .~ ...... ~.~=._ ~ ~~~ ~ ~. 6 SEE: ~CISiON ~ z s ~ PHONE: 1-6GG-606-5~00 F~: 5 I G-49G- 1752 O~ED ~Y:- E.A.J. 05- I ~- ~ 2 5AL..TAIHf. WAY ,ITU PLAN /IOLAqON O~ 11d~ ~AW ~0~ ANY P~I~N, UNL~55 ~P~R TH~ PI~e£fION OP A bI~N~P ~CHI$Cl~, ~ ~ ~ IN ~Y WAY RB~OVP. I"* 20'--0 LOT COV~RAL~B CA.CULATIONS', HOU5~ ~A', lP~CK ~A', i~OS,lOes~ tOT ~UA~ 20274 5071,~/ 20274 - I~,1 G 'L 2" x/5" NAILER W11H 1~C0 CONN~CT~S b~ BOLIBP TO HOUFB WITH ~" ¢ LA:::iI~OI.T~ ~ 24" O,C, 5f/~dE--~ fOP [~ POffOM ,.,..,,o...,,-~ ® PURi PLAN FINAL MAP 1REVIEWED BY ZBA /~EE DECISION # ~r~, ?ATED ~ I__~_1 ~.o!~- RECEIVED JUL ! ~OARD OF ' APPEALS '~CK UF lip ~11 ~1~ le" OC :INAL MAP ~EVlEWED BY ZBA ,EE DECISION # ~l~' DATED ~ I IC~ RECEIVED JUL 1 8 ZOlZ BOARD OF APPEALS FLAkl I/4' 7/IO/12 WITH ~n 0 LA:~DOLf~ e I~% 12u/~(IML[M ~ROM COP, N~P,~ HI6H P'P'P-AILIN6 WFIH 2 DPIHOLBD MAX 4" APART WOOl2 D~CKIN6 ~ ~ ~' ~CK JOl~ 2 - 2n x I0u 4" ~ 4' WO0~ POSf OWR -- 12" ~ CONCR~I~ ?IUR TO P~ ~'-0n ~2~P B[LOWQP. A~ RI6HT ~L~VATION 5~CTlON A-A F,B~ BLBVATIOIXl FINAL MAP REVIEWED BY ZBA ;EE DECISION # ~q~ RECEI'VED ! JUL I 3 'LO1Z )AP.D OF APPEALS 1/ PHON~ * (SIC) 1~1-~S06 f~ 116~ S~f~ WAY 4116112 120406 FORM NO. 3 NOTICE OF DISAPPROVAL To: Eagle Design Enterprises for Brian Zicgler 924 Newbridge Road North Bellmore, NY 11710 DATE: May 3, 2012 Amended: June 18 2012 jUN I 8 ZO1Z BOARD OF APPEALS Please take notice that your application dated April 30, 2012 For construction of a deck addition at Location of property 1165 Saltaire Way, Mattituck, NY County Tax Map No. 1000 Section 100 Block I Lot 24 Is returned herewith and disapproved on the following grounds: The deck addition on this non-conforming 20,274 sq.ft, lot, is not permitted pursuant to Article XXIII Section 280-124 which states: 'q'his section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots between 20,000 sq. ft. and 39,999 sq. ft., the required side yard setback is 15'. The site plan indicates a side yard setback of 10.5' & 33.7' combined.. /(uthorized Signature Amended: to clarify setback requirements. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 3, 2012 RECEIVED BOARD OF APPEAL~ To~ Eagle Design Enterprises for Brian Ziegler 924 Newbridge Road No~th Bellmore, NY 11710 Please take notice that your application dated April 30, 2012 For construction ora deck addition at Location of property 1165 Saltaire Way, Mattituck, NY County Tax Map No. 1000 Section 100 Block 1 Lot 24 Is returned herewith and disapproved on the following grounds: The deck addition on this non-conforming 20,274 sq.ft, lot, is not permitted pursuant to Article XXII1 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 by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots between 20,000 sq. fl.. and 39,999 sq. ft., the required side yard setback is 15'. The site plan indicates a side yard setback of 10.5'. Fee: Filed By: ~/1/~ B Lg. RECEIVED · .".~.'~ ' , .~ Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALq AREA VARIANCE House No. 1165 Street Salta±re Way Hamlet Matt±tuck SCTM 1000 Section 1 00 Block 1 Lot(s) 24 Lot Size 20274 ZoneR-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED [qav 3 201 2 BASED ON SURVEY/SITE PLAN DATED~'I 2 PJq~Owner(s): Brian Z ie_qler MailingAddress: ]..-,g'O ~]. ~lld /J(¥.a. Telephone: Fax: It Emaih 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: D~nn i s O]i v~r for ~ Owner ( )Other: Address: 924 Newbridqe Rd B~]]m~re,, N Y 11710 Telephone:51 6- 7 3 1 - 5 5 0 6Fax: - - Emaih Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (x) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4 / 30 / 1 2 and DENIED AN APPLICATION DATED5 / 3 / 1 2 (x) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article:)Q{TTT Section: 280 Subsection: 1 Pt! Type of Appeal. An Appeal is made for: (~) A Variance to the Zoning Code or Zoning Map. (') A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (x)~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 office for assistance} RECEIVED NameofOwner: Brian Ziegler ZBAFiIe# REASONS FOR APPEAL (Please be spec~c, additional sheets m~ be used with pre~ O~ ~ignature notarized): 1. Anundesirablechangewillnotbepro~cedin ~cCHARACTERoftheneighborora&~imenttonearby propeniesifgranted, because: Ne are proposing to build in line with an existing deck that has been in place since at least 1985 and assuch provides our new set back line. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other th~n an area variance, l%ecause; a qhang.e, in the deck plan~ would intrude further into the rear yaro ana reauce rne usable area or the yard. 3. Theamo~tofreliefrequestedisnotsubstantialbecause:as stated above we would be building in line with an establisehed set back and the existing lot is non-conforming to the current zoning code. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The owner would agree to never roof over or otherwise enclose the deck are. 5. Has the alleged difficulty been self created? { } Yes, or:~No Why: Lot is non-conforming, if property conformed to zoning a variance would not be required Are there any Covenants or Restrictions concerning this land? g~No { } Yes (please furnish a copy) This is the M1NIMUM that is necessary and adequate, and m the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Sworn to before me this I C) day of 15-~1_~. ~ , (Agent must submit written Authorization from Owner) CHriSTOPHER L. GRAY Notary Public, State of New York No. 01 GR6108433 Ouali6ed in Nassau County Co~ss~on Expires April 19, ~APPLICANT'S PROJECT DESCRIP3~N APPLICANT: Do_nn i .q O1 i Vet DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 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: 1 story wood frame Res. with qaraqe on lower level and existing wood deck in rear yard Number of Floors and Changes WITH Alterations: 1 story wood frame Res. with oara~e on lower level and new wood deck in rear and side yard IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ! , n 6 ~ _ ~ a s ~: Proposed increase of building coverage: 1 205. ~ 0 sf Square footage of your lot: 2 0 ~ 2 7 4 s f Percentage of coverage of your lot by building area: 1 5,1% V. Purpose ofNew Construction: exter£or raised wood deck for outdoor entertaining VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): fiat oroDertv does not impact construction or zoninq Please submit 8 sets of 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. 4/2012 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 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? no 2.) Are those areas shown on the survey submitted with this application? no 3.) Is the property bulk headed between the wetlands area and the upland building area? no 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? na Please confirm status of your inquiry or application with the Trustees: na 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? no Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? no 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? no yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pm-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? no If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel single fami lyres and the proposed use sinqle family res · (ex: existing single family, proposed: same with Authorized signature and Date garage, pool or other) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BOARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12, PROJECTNAME Dennis Oliver / Ziegler 3. PROJECTLOCATION:1165 Saltaire Way, Mattituck, N Y Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1165 Sa].ta±re Way, Mattituck, 100/1/24 5. PROPOSED ACTION IS: [] New [] Expansion ~ ModiflcatiolValteration 6. DESCRIBE PROJECT BRIEFLY: construct fa±sad wood deck ±n rear of house 7. AMOUNT OF LAND AFFECTED: Initially .47 acres Ultimately ,47 acres 8. VvlLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? r-]Yes [~No IfNo, desc~ibebriefly Variance required for side yard setback g. WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] PaHUForesl/Open Space [] Other o Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~]Yes [~No IfYes, list agency(s) name and permiEapprovals: $outhold ~u±ld±ng Oept 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and pelmit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes ~'3'~ NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWt. EDOE Applicant/sponsor name: Date: ~'~--~ ( "~ Signature: I If the action is in the Coastal Area, and you are a state agency complete the Coastal Assessment Form before proceeding with this assessment I OVER ' RECE/VED PART II - IMPACT ASSESSMENT (To I~ompleted by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review proc~l~t.~ ~] Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [~] Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if ~gible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste preducUon or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultura, archaeo og ce, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A commun y's ex sting pans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Exptain bdefiy: C5. Growth, subsequent development, or re ated act vit es I kely to be induced by the proposed action? Explain briefly: C6. Long term, shod term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes n use of either quantity or type of energy)'~ Explain bdefly' D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No if Yes, explain briefly: E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Jrreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppoding materials, Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Prat II was checked yes, the determination of significonco must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or signfficant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Checkthisb~xify~uhavedefermined~based~ntheinf~rmatfenandana~ysisab~veandanysupp~dingd~comentati~n~thatthepr~posedacti~nw~L~ NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Prsparsr (If different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OFAPPEAJ,~ WHEN TO USE THIS FORM: This form must be completed by the applicant for any special usepermit, 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 distrlca All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name ofApplicant: Denn±s ol±ver 2. AddressofApplicant: 924 Ne~br:i. dqe Rd., ~ellmore, 3. NameofLandOwnar(ifotherthanApplicant): Br±an z±eqler 4. AddressofLandOwner: 1165 Saltaire Way, ~lattituck, 5. Description of Proposed Project: ~an.~truct raised wQod deck N Y 11710 N Y 6. Location of Property: (road and Tax map number) 1165 Saltair~ Way 100/1/24 7. Is the parcel within 500 feet ora farm operation? {~ Yes { } No 8. Is this parcel actively farmed? { } Yes k} No 9. 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 Rivethead. NAME and ADDRESS 1. gala Van Der Heydan Matthews (6q0 aaundvlaw AVA) 2. 48 Wall Street New York, N Y 1005 100/2/1 (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this stata~nent. 2. Comments returned to the 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 property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED '_! APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of]Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose 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: Brian Zieqler (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.) 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 x Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of $outhold? "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 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 cheek the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater 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 th'ff~.. ;a~,20/'~ Signature !, ~.1~ 'i~ Print Name ~ ~/~ l~--/'-(-3r--C~_ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEAL~ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose 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. YOURNAME: Oliver Dennis T (Last name, first name, middle initiai, 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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance x Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning x 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 x 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 his 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 ~ 20 /"~. Signatu r ~g~_~__~~~ Print Name ~-~C~-'~tt''~'~9~'-L GHRISTOPHER L, GRAY Public, State of New York No, 0'1GR6'i 08433 Oualified in Nassau Gounty Apri~ 19, Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM REC~.IVED 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 actionx 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 Waterfi'ont 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 Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /e,~ / The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [~BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) (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: Nature and extent of action: l,ocation ofaction: [~. 6~-~ Site acreagc: ,. dc"7 Present land use: Present zoning classification: BOARD OF APPEAL.fi 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: ~t.~-~ ~h (~ L,O *.3L- (b) Mailing address: (c) Telephone number: Area Code~-'c)C,.. -- "~o~ I - ~"~'C:~ 6= (d) Application number, if any:. Will the actio~ undertaken, require funding, or approval by a state or federal agency? Yes [] No L~] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [] No ~(Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No [~((Not Applicable - please explain) BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Brian Zierller (Print property owner's name) residingat 1165 Saltaire Way Mattituck (Mailing Address) NY do hereby authorize Oennis oliver (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Print Owner's Name) HOT~W pUBLK;~STk'IE OF t4~W TOWN' OF SOUTHOLD BUILDING .DEPARTMENT TOWN IL, XL L SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined 20__ Approved 20 __ Disapproved w'e kI/,:~///~tt~ ~/ 1' Expiration ,20 PERMIT NO. BUILDING I~MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form BOARD OF APPEA/.~ Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ~ a. Thi~a~iic~ ' , filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plar~7, ~i6curate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and &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 &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 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 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~][ature ~f applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plu[nber or builder Name of owner of premises T-off [ {ch._l '7__1 ):~(x L F_ ,~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Narne and title of corporate officer) Builders License No. ~40 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 Hamlet County Tax Map No. 1000 Section. Subdivision "~6 U'FA~/Lff ~ Block / Lot Filed Map No.~(,e~_~Lot ~, State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy { ~,~,n, ,.-~ b. Intended use and occupancy [ (>/,,~ .~.? 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 4~.7._ Height o 9. 10. DateofPurchase '~' Iq. ]t t Name of Former Owner Dimensions of same structure with alterations or additions: Front Depth ~o..z_ Height LJ&q-, ~-~ Dimensions of entire new construction: Front Height ~4" Number of Stories Size of lot: Front ~oo Rear I oo. ~ Rear 40 '~- Depth · ,~=, .'Z- Rear ~=' '~. Number of Stories Rear 4~,'g Depth Depth 11. Zone or use district in which premises are situated ~Z- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO V/~Will excess fill be removed from premises? YES 14. Names of Owner of premises "~,--I Z.~Ec, t-e~L Address uc.5 S~a~ u~'[PhoneNo. Name of Architect. ~-~, ~ o%.~¢& Address '~4 ~,oc~ ~o Phone No~;~- NameofContmctor L~ .t~-~.o"- Addressa~_*.l! /2o?_,~we,,-e.. PhoneNo. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO / · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY O~; ~-W'¢~ ) ~'~ ~.ot..t.-,,,.J~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~. G~'J'T'' (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 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 ~ day of ~ 20~ Signature of Applicant RECE~*VED EAGLE DESIGN ASSOCIATE~""°''""'''' 924 NEWBRIDGE ROAD BELLMORE N Y 11710 Phone 516-731-5506 Fax 516-826-6368 Photos For Brian Ziegler 1165 Saltaire Way Mattituck Taken By Dennis Oliver On 5-8-12 ~ TOWN /~-1~ ~/-~ OWNER RJ_ O s s. VL. LAND IMP. / NEW FARM TOTAL 6D OF SOUTHOLD Pi~OPERTY VI LLAGE RECORD CARD ~. DIST. SUB. LOT ,,~,~ ACR.~-' J ' V.~'"~"~ TYPE OF BUILDING Tillable STREET Woodland Meadowland House Plot Total 'v FARM W · cOMM. CB. MICS. DATE REMARKS ~ Mkt. Value 1'707'8- co~<..,-t-, o..~. e NORMAL BELOW ABOVE Acre Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK OLOR //~ TRIM 100.-1-24 10111 Extension Porch Porch Breezeway Garage Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room /x~b J4 £ Bath . Floors Intenor F~msh Heat Rooms 1st Floor Dormer Driveway Rooms 2nd Floor Dinette LR' J FIN. B L~) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall $outhold, N.Y. BOARD OFAPPEALS Certiticate Of Occupancy Addition THIS CERTIFIES that the building ................................................ Location of Property ...1.1..6:5. ............ : ,8.a.l:.~ .a.i.r.e...~.ay. ........... .~.a..t,t.~.~.u..c.k. ..... House ~vo. Street Hamlet County Tax Map No. 1000 Section .. 1. 9.13 ....... Block . .Q .1 ........... Lot .. 0..2.4 ............ Subdivision...S..a.lg.q$ ~r.e..E.s.~: ............. Filed Map No..4..6.8.2...Lot No..2.6 ........... conforms substantially to the Application for Building Permit heretofore I'fled in this office dated ..... qu..1¥ .... .1.7 ....... i 9.8. 4. pursuant to which Building Permit No.., .1.3.3. 0. 7 .Z ............ dated .... .~.u. 1. y ......3.0 ............ 19 .8.4., 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 ......... The certificate is issued to DEBRA & ROBERT Bg.LES ..................... /o'~n'e;'~,~'~'&,:t~: ..................... of the aforesaid building. Suffolk County Department of Health Approval ......... N. [/~, ............................. IJNDERWR1TERS CERTIFICATE NO ................. N. f5 ~.7.9. ~ ~ ......................... Building Inspector Town of Southold Annex 54375 Main Road Southold, New York 11971 CERTIFICATE OF OCCUPANCY 4/1/2011 BOARD OF APPEALS No: 34884 Date: 4/1/2011 THIS CERTIFIES that the building DECK Location of Property: 1165 Saltaire Way, Mattituck, NY 11952, SCTM #: 473889 Sec/Block/Lot: 100,-1-24 Subdivision: Filed Map No. conforms substantially to the Application for Building Permi! heretofore filed in this ofilecd dated 2/14/2011 pursuant to which Building Permit No. 36204 dated 2/28/2011 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for Lot No. wiffch tiffs certificate is issued is: "as built" deck addition to an existing dwelling as anolied for. The certificate is issued to Bales, Robert & Bales, Debra (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED FORM TOWN O,F SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. R£CE;VED BOARD OFAPPEAL~ CERTIFICATE OF OCCUPANCY Map No ......................... Block~J(~ ......................... Lot No ................................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated d. , Se[3tembe;c 39 10....'~....,was issued, and conforms to all of the requirements of the applicable provisions of the Jaw. The occupo.ncy for which this certificate is issued is ................ PRIVAT~ ONE FAMILY D~LLI~G (owner, lessee or tenant) of the aforesaid building. Building Inspector FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. RECEIVED BOARD OF APPEA Certificate Of Occupancy No. ~..ll'~.~ Date ........ }1~1' 1.~ , lg ~'~ THIS CERTIFIES that the building located at 8al~,~il'~. I*/~7 .... Street Map No. $~ A~I ~ No ........ Lot No.. '2~ conforms substantially to the Application for Building Permit heretofore filed in this office dated .][~, ~ , 1969 pursuant to which Building Permit No. dated .... l[e~ .¶[~ , 19 ~, was issued, ~d conforms to all of the require- ments of ~e applicable provisions o~ the law. The occupancy for which th~ certificate is ~ued ~ . ~i~e ~ .~. ~ell~g ...................... The certificate is ~su~ to · ~ie~ .& ~.~Ie~ ~ . ~e~l.. - (owner, levee or tenant) of the ~ores~d building. Suffolk Co ty Department of He~th Approval .. ~e~ ]7, ]970 ~2 R, UNDERWRITERS CERTIFICATE No . ~ 8~ ............... IIOUSE NUMBER 1'~ Street 8~t A~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEZVED BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-19912 Date MAY 15, 19~.% THIS CERTIFIES that the buildin~ ADDITION Location of Property 1165 SALTAIRE WAY House No. Street County Tax Map No. 1000 Section 100 Block 1 subdivision Filed Map No. MATTITUCK f N.Y. Hamlet Lot 24 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated mY 23r 1988 pursuant to which Building Permit No. I7078-Z dated JUNE 8f 1988 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT S. & DEBRA K. BALES (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N-061540 - MARC~ 14~ 1989 JUNE 21~ 1990-RBT BUGDIN PLUMBING & HEAT. //ild~ng Inspector Rev. 1/81 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/14/12 * * * RECEIPT * * * Receipt"8: 132200 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6572 $500,00 Check#:11619 Total Paid: $500.00 Name: Eagle, Design Enterprises 924 Newbridge Rd. North Bellmore, NY 11710 Clerk ID: CAROLH Internal ID: 6572 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 May 15, 2012 Zoning Appeal No. 6572 Transmitted herewith is Zoning Appeals No. 6572 of Eagle Design Enterprises for Brian Ziegler- 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 Brian Ziegler to Dennis Oliver of Eagle Design Enterprises to Represent him in this Matter Dated May 9, 2012, Notice of Disapproval from Building Department Dated May 3, 2012, Application for Building Permit Dated April 30, 2012, Cover Letters for Photos, Eight Photo of Property Showing Stakes, Copy of Property Record Card (Both Sides), Certificate of Occupancy No. Z13390 for Addition to Existing Dwelling Dated April 25, 1985, Copy of Certificate of Occupancy No. 34884 for a Deck Dated April 1,2011, Copy of Certificate of Occupancy No. Z593 for Private One Family Dwelling Date June 7, 1960, Copy of Certificate of Occupancy No. Z4633 for Private One Family Dwelling Dated May 11, 1972, Copy of Certificate of Occupancy No. Z- 19912 for Addition to Existing One Family Dwelling Dated May 15, 1991, Copy of Site Plan Showing Existing & Proposed Construction Prepared by Eagle Design, Copy of Survey Showing Existing & Proposed Construction Dated November 12, 1985 Prepared by Young & Young Land Surveyor, Three Pages of Site Plan, Deck Plan & Elevation Dated April 16, 2012 Prepared by Eagle Design Associates. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 06/20/12 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt~: 136018 Reference Subtotal 6572 $500.00 Cash#: 11688 Total Paid: $500.00 Name: Eagle, Design Enterprises 924 Newbridge Rd. North Bellmore, NY 11710 Clerk ID: CAROLH Internal ID: 6572 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: June 20, 2012 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED (Eagle Design 6572 Enterprises for:) 11688 $500.00 dUN 2 0 ~)1~ Ziegler, Brian $outhold Town Clerk $5OO.O0 Bye?"' Thank,,ou. 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://sout holdtown.northlYrk.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, JULY 5, 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, JULY 5~ 20t2: 1:30 P.M. - BRIAN ZIEGLER #6572 - Request for Variance from Article XXlII Section 280- 124 and the Building Inspector's May 3, 2012 Notice of Disapproval based on an application for building permit for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet; located at: tt66 SaltaireWay Mattituck, NY. SCTM#1000-100-t-24 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) 766-t809, or by email: Vicki. Toth~,Town.Southold.n¥.us Dated: June 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 5, 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, JULY 5, 2012: t:30 P.M. - BRIAN ZIEGLER #6572 - Request for Variance from Article XXlll Section 280- 124 and the Building Inspector's May 3, 2012 Notice of Disapproval based on an application for building permit for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet; located at: 1t65 Saltaire Way Mattituck, NY. SCTM#1000- 100-1-24 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 (63t) 765-t809, or by email: Vicki.Toth~,Town. Southold. ny. us Dated: June 18, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box t 179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 11, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,July 5, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 18th: 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, providing the returned letter to us as soon as possible; AND not later than June 25th: 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 June 26th: 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 Postinfl for receipt by our office before July 2, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ZIEGLER, BRIAN # 6572 SCTM #: 1000-100-1-24 VARIANCE: SETBACKS/MINIMUM & TOTAL SIDE YARDS REQUEST: D K ADDITION DATE: THURS., JULY 5, 2012 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #10746 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 21sf day of June1 2012. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY 5, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, RO. Box 1179, Southold, New York 11971-0959, on THURSDAY. JULY 5.2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing June 7, 2012 10:00 A.M. - gI~SAN MEYER- 10.30 A.M. - D.F. and J. M. HARRIS CHILDREN'S TRUST ~6570 - Request for Variance from Article Ill Code Sec- tion 280-15 and the Building Inspector's March 28. 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1) ac- cessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. 10:S0 A.M. - MILL CREEK PART- 18F~.~IJ.37J[6~ - Request for Vari- ance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspec- tor's February 29, 2012, revised May 7, 2012 Notice of Disapproval concern- ing permit to construct a dock master's building and addition/alteration to exist- ing restaurant, at; 1) dock master's build- ing at less than the code required bulk- head setback of 75 feet, 2) additions/ alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj to Southold Bay) Greenport, NY. SCTM#1000-56-7 2 11:18 A.M. - ALAN FIDELLOW_: g6578 - Request for Variances from Ar- ticle XXII Code Section 280-116(B) and 1__ week(s), successfully commencing on the Principal Clerk day of Article !V Section 280-18 based on an application for building permit and the Building Inspector's February 17, 2012, updated April 26, 20t2 Notice of Dis- approval for demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the mini- mum side yard setback of 15 feet, 3) less than the combined total side yards of 35 feet, located at: 4030 Great Peconic Bird, (adj. to Great Peconic Bay) Lau- rel, NY. SCTMg1000-128-6-1 11:40 A.M. - 8925 BAY AVENUE. LLC. - #6577 - Request for Variance from Article III Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an ap- plication for building permit for accesso- ry tennis court at: 1) In the case of water- front properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard. located at: 8925 Skunk Lane (adj. to Little Creek) Cutchogue, NY. SCTM#1000-104-3-15 12.-00 P.M. -VINCENT and CAROl, MANAGO g657~; - Request for Vari- ance from Article XXII Code Section 280-116(B) ba~ed on an application for building permit and the Building Inspec- tor's April 6,2012 Notice of Disapproval concerning proposed additions and a- terations to a single family dwelling, at; I) less than the code required bolkheat setback of 75 feet, located at: 8225 Nas* sau Point Road (adj. to Little Peconic Bay) Cutchogue. NY. SCTMgI000-118- 1'.30 P.M. - BRIAN ZIEGLER g6572 - Request for Variance from Article XXIII Section 280-124 and the Building Inspec- tor's May 3, 2012 Notice of Disapproval based on an application for building per- m~t for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback of 13 feet; }ocated at: 1165 Saltaire Way Matt0uck, NY. SCI'Mgl000-100-1-24 '~-~J 2012. - CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 VO6105050 Qualified In Suffolk County My Cornrnls$1on I~xplie$ February 25, 2016 1:50 P.M. - PAUL A. and ELIZA- g 3 - This is a request for a Waiver of Merger under I Article Il. Section 280-10A, to unmerge land identified as SCTM g1000-63-2-25, based on the Building Inspector's April 27, 2012 Notice of Disapproval, which states adjoining conforming or noncon- forming lots held in common ownership shall merge until the total lot size con- forms to the current bulk schedule (min- imum 40,000 square feet in this R 40 Residential Zone District) this lot is mergedr with lot 1000-63-2-26, located at: 955 & 1065 Hummel Avenue Southoid, NY. S C'I~Mg's- 1000-63 -2-25 & 26 2:15 P.M. - JOHN and ANGELA ~ - Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and ground swimming pool/spa at: 1) acces- sory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/ spa is proposed in a location other than the code required rear yard, I(mated at: 590 Arrowhead Lane Peconic, NY. SCTM#1000-98-2-4.1 Ihe Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring t6 submit written statements before the conclusion of each hearing. Each hearing will no start earlier than des!gnated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, p ease contact our office al, (631) 765-1809, or by emad: V'c~. @Town.Sou~.us. Dated: June 11, 2012 ZONING BOARD OF APPEALS ~ LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold. NV ttOT~_tlo~o TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS ('Name of Applicants) SCTM Parcel # 1000- /~:~ - I -.~[ COUNTY OF SUFFOLK STATE OF NEW YORK I,-.'~Y_.~¢~ C)/..~u~r..l~_ residing at ~]~ ~O~kO~,~-,~t2~ New York, being duly sworn, deposes and says that: Onthe t3 da:/o _ Ol;t ,20 , I personally mailed at the United States Post Office in .Mg>~,* t~ ~g.{g.~e~q.~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~Ebassessment roll verified from the official records on file with the ( ) Assessors, or (,-fi'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 to before me this ,y ~20 OX/otl(ry Public) LOP, qAINE LEE LUGA tar public State o~ New¥orR NO Y ,-,~'~U5014575 No.u.'%~_ssau CourffY ~ Qua~[~ed in I~s'Sept 12, 20L., cummi~3~or, Exp ru , 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. · · . Eagle Design Associates 924 Newbridge Road North Bellmore, NY 11710 Phone 516-731-5506 Fax 516-826-6368 Section: 100 Block: ! Lot: 2 Address: Stavroulo Lampropoulous ,3400 Reeve Rd, Mattituck, New York I 1952 Section: 100 Block: 1 Lot: 23 Address: Rory Forrestal, 1065 Saltaire ~/ay, Mattituck, New York 11952 Section: 100 Block: 1 Lot: 25 Address: Glenn Ferrauolo, 200 Soundview Avenue. Mattituck, New York 11952 Section: 100 Block: 1 Lot: 26 Address: John Conte, 1215 Saltaire ~,/ay, Mattituck, New York I 1952 Section: 100 Block: 1 Lot: 29 Address: David Chiaro: 1230 Saltaire k~/ay, Mattituck, New York 11952 Section: 100 Block: 1 Lot: 30 Address: Linda Batz, 1130 Saltaire ~/ay, Mattituck, New York 11952 Mailing Address: Linda Batz 174 Trouville Road, Copiague, New York 11726 m ITl Postage Certified Fee Return Receipt Fee (Endomement Required) Restricted Delivery Fee cD OFF ~l ,,FFIC~AL U~E (Endorsement Required) /_. - 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- LoO - ~ COUNTY OF SUFFOLK) STATE OF NEW YOKK) I, ~'~ 0(_.~0~.~ residing at q~.4~. ~J~v~) ~ ~ O~ ~ ~~~ , New York, being duly sworn, depose ~d say thru: On ~e ~ day of~, 201g, I personally placed ~e Town's Official Poster, with the date of he~ing ~d nature of my application noted thereon, securely upon my prope~y, located ten (10) feet or closer from the s~eet or right-of- way (driveway entr~ce) - facing the street or facing each street or right-of-way entrance,* ~d 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 7" ~J-~ 17 (Signature)" Sworn to before me this LORqAINE LEE LUCA Notary Public. State of New York No. 01LU5014575 Oualified in [Nrassau Cou~.ff~20. '~' Commission Exp'res Sep; 1 , L . * near the entrance or driveway entrance 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. ·Pttnt 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. Article Addressed to: A. Signature [] A~ent D. Isd~livo~addro~dilfemntffomRom t? [] ¥o~ ~ If'([8, enter d~liv~ry eddro** below: [] No [] Registered ~l~'l~eturn Receipt for Me~cbendise D Insured Mai/ r-I C.O.D__. 4. Restricted E~livery? (Ex~ra F~) 2'~JIs~eNr~ce/a~e0 7010 B090 0001 ?583 970~ -- I w /~F. aon trtls card to the back of the mai/piece, or on the front it space permits. 1. ArflcleAddressed to: D. Is delive~ address dffT~ent fTorn Rem 17 3. Servia Type ~ Certified Mail r'l Express Mail 9719 2. Art~e Number- crr~f~f?om~ee~ 7010 3090 0001 7583 PS Form 3811, February 2004 Domestic Return Receipt · 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 m~pieca, or on the front if space permits. 1. Article Addressed to: A. Signature B. Received by(Pn'm~edNamal lC. Date/of D~llvery i D. Isde~ve~J~'ressdi~f~orniteml? DYes' '-- r If YES, enter delivery address below: [] No ~Registemd ~:~letum Receipt for Merchandise 0001 7583 9696 2. Article Number O-ransfer fiom ser~4ce label) 7010 3090 ~ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 , 25 YOUNG & YOUNG SURVEY FOR: ROBERT S. 8ALES 8, DEBRA K. BALES LOT NO. 26 ," SAL'~A ' R E ES TAT ES" (~d'~.~ Tow. o~ S~THOLD SCAL~: I" = 40' ~ i" NOV. 12,1985 ~D/ 85-1~84 ZONING,INFORMA'~IONi" " F:E,~:~,ITTE D EX!ST!,~ PI~G'f='QSED 5URVEYNO. 1£-11749 ''~ I IDIST: /000 ISECTION: I00 I[~LOCr~: / IT~LOT: ~4 MAP OF TITLE NO. , ~ .. ~ *,~ q ~ Y ' -- YOP~ $TATE EDUCATION LAW. ~ ~ ~-' N 73 00,30 E ~ ~ 201.25 , COP~SOrTHI55U~V~M~ NaT BEA&iNG THE / ~ ~ 7:' ~ ¢ ~ ~= ~ ~ ~U~ CATION5 AKE NOT T~N~FE~ TO ADDITIONAL IN ~ ~ ~ ~ ~1~ T ~ ~ -~ ~ 5TITUTrONSORSUDDEQU~NTOWNE~ ~ & ~¢ ~ o , GUA~NTEED TO :- [/' ~ , 20,273.¢75650.~ OR ~- ~ ¢ ~ S~AVEL DRIVEWAY d~ _ RVEYOR5 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 17. 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 July 20, 2012 Dennis Oliver 924 Newbridge Road Bellmore, NY 11710 RE: ZBA Application #6572, Zeigler Dear Mr. Oliver: Transmitted for your records is a copy of the Board's July 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely~ /(~ Vicki Toth Encl. Cc: Building Dept. ! oo - I\ ¢5' /0o - ~_x /o0 - I- loc, -I - 5.0A ~AbJ~AIR~ WAY PLAN If 15 A VIOLAtiON Of 1Ye LAW FOP,/,NY ?~ON, UNLB~ ,N:,llNO UNP~I~ ~ PI~GflON OP A LI~NCP A~OrIITCCT, TO £~¢R AN ISM IN ~Y WAY RBMOVP. BXISTIN5 I"-- 2O' -O" LO1' CQV~RA~U CAtCLILATION5: HO/J~ 12~CK 120S JOesqft b Of nBA: 20274 120P,lOe e i86S,490 * DOTI,P96sqB 9071,Pge/ 20274 * IS,I * IP~ LOTCOVB?,AdB G 2' x 8" NAILBR ~1~ ¢60 CONNBETORS LM BOtl~P TO HOL~5~ Wll'H ½11 Z L,Az:~BOLI'5 ~ 24" 0,C, ST/~ TOP E BOl'TOM RECEIVED MAY 1 1 2D12 BOARD OF APPI~AL~ PlUR PLAN I/4' 924 N~WCP, IPd~ RO,N9 NOFdH BBLLMOI~, NY IiTlO ~ ~ ~ PHON~ * (PIe) 791-5¢06 P~ ~ (SI6) 82S-6968 iiSS S&TA~R~ WAY ~Tfl~CK, NY 119S2 4/16/12 120406: N~P I OF 2 UP ;UP; ~CK D611[ p05'[5 j~JJ~ 2Il JlIl ~/~[' ~iu ~6': WOOP OV[~R 2Il [l~Il l~II O~ UP ~AY ] l 2012 ?UCK PLZN 924 N~V~ERI[26~ ROAD NOEhTt B~LLMO[~, NY I[710 PHON~ ~ (~[6) 75i-~06 P~ ~ (~16) 826-6968 ~fq~CK~ NY 119~2 PA~ P~WIN~ ~ ~ 5H~T ~ 4/16/12 12040~ N~g 2 O~ 2 125 5P. CTION A-A 2" ~ e" F'qArL~P. W]TI-t 'rgco CONNUCTORP L,'~SBOLTgl2 TO HOIJb~ Wl~ ~" ~ b'~T~ e le", 12" MAXIMUM ~ROM CO~P.5 ~6n H]~ P. AILIN~ WT1H 2n x 2" -- 5PINIPL~5 MAX 4u AMI~r ~'~, 6n WOO12 BBCKIN8 4Il × 4Il WO0~ ?OSf OVeR -- ]2" OCONCR~Tg ~I 'OIl P~P B~LOW RId:iHT BI. IF:VATION I/4II~ I I-OII P. LP. VATION I/ 4II~ I'-OII /~OARD OF APPEALS