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Home My WebLink About6584 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 SOUT.OLD I Tel. (631) 765-1809 · Fax (631) 765-9064q~~'~'~'~'"q'~ --' FINDINGS, DELIBERATIONS AND DETERMINATION'--0-~". ~'-~ ' '~1 - MEETING OF AUGUST 16, 2012 Southold Town Cl~rk ZBA FILE: 6584 NAME OF APPLICANT: Colleen McDonough and Helen Hooke PROPERTY LOCATION: 27752 Main Road (Robin Road), Orient, NY SCTM# 1000-18-06-21.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 17, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 74,349 square feet. It is improved with a two story dwelling. It has 185 feet of frontage along an access R.O.W. from the Main Road at its westerly property line, 347.66 feet along its southern property line, 180.35 feet and 70.85 feet (two courses) along its rear easterly property lines and 151.35 feet and 267.98 feet (two courses) along its northerly property lines, as shown on the survey prepared by Joseph A. Ingegno, L.S., dated September 23, 1999, revised January 6, 2003. The parcel has wetlands located in the rear of the property. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 based on an application for building permit and the Building Inspector's May 15, 2012 Notice of Disapproval concerning permit to construct accessory garage, at: 1) accessory garage will be located in other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to construct a detached accessory garage in a side yard and partially in a front yard, where the code requires accessory structures to be located in the rear yard. ADDITIONAL INFORMATION: The adjoining property owner to the north, at the public hearing, did not express an objection to the proposed location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 2, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of 3 - August 16, 2012 ZBA File#6584 - McDonough/Hook¢ CTM: 1000-18-6-21.8 and 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 the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory garages ave characteristic of improved residential parcels and there was no evidence presented that the use of an accessory garage in the proposed location would cause a detriment to the nearby properties. 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 the garage as an addition to the existing dwelling or place it in a rear yard location. However, a northerly rear yard location may cause harm to the existing septic system from vehicular traffic riding over septic system piping and a southerly rear yard location would require a redesign and long extension of the driveway. 3. Town Law §267-b(3)(b)(3). The variance granted herein are mathematically substantial, representing 100% relief from the code. However, there is existing vegetation that will screen most of the proposed accessory garage from the adjoining property owner to the north, this adjoining property owner presumably being most affected by the proposed location. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that the requested variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management 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 accessory garage located in a side yard and partially in a front yard, 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 GRANT, the variances as applied for, and shown on the architectural plans entitled Site Plan, dated 7/3/12 and the Plan and Elevations, sheets 1,2 and 3 dated 4/20/12, all prepared by Elizabeth Thompson, RA. 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. Page 3 of 3 -August 16, 2012 ZBA File#6584 - McDonough/Hooke CTM: 1000-18-6-21.8 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 nonconformity. Vote of the Board: ~4yes: Members ~Veisman (Chairperson), Goehringer, Dinizio, Schneider, Horning, This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ //7 /2012 BOARD OF AppEALS 165 East llSlh · ,. , New Ymk. NY 10035 MAP EWED BY ZBi ,EE DECISION # -- T I I I P. ECEIVED BOARD OF APPEALS Elizabeth Thompson. Architect 165 East 118th St. New York, NY 10035 Suite 7A 917-848-1541 Job Title Date Scale __ --Fr .... ql I CL,~V~,I'to k4 Elizabeth Thompson. Architect 165 East 118th St. New York, NY 10035 Suite 7A 917-848-1541 II FINAL MAP REVIEWED BY ZBAI Job Title Da fe RECEIVED BOARD OF APPEALS RECE~/ED BOARD OF APPEALS Elizabeth Thompson. Architect 165 East 118th St. New York, NY 10035 Suite 7A 917-848-1541 Job Title Date Scale I/¢% COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning JUL'I 20]2 Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 17, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 o f the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Brewer Yacht Yard ~ Greenport Inc. McCarthy, Christopher Flaherty, Eileen & Vincent McDonough (Colleen) & Hooke (Helen) Gaylord, Murray 6581 6582 6583 6584 6585 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELEOOPIER (631) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL DATE; May 15, 2012 RECEZVED BOARD OF APPEA/~ TO: C McDonough & H Hooke 333 E 79th St. Apt 14Y NY, NY 10075 Please take notice that your application dated May 9, 2012 For a pernfit for an accessory garage at Location ofproper~y: 27752 Main Road, Orient County Tax Map No. 1000 - Section 18 Block 6 Lot 21.8 Is returned herewith and disapproved on the following grounds: The proposed accessory ~ara~e is not oermitted pursuant to Article III, 280-15 which states: "In the case AC District & Low Density Residential RS0 .... Districts, accessory buildings & structures or other accessory uses ~hall be located in the required rear yard, subiect to ..." The site plan indicates the proposed accessory eara~,e is loca!~ in other than a rear yard. Authorized Signature A,PPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE llouse No. Z'I'/~'Z Street gg~,itv 1~oAp Hamlet O~.lfiN't' SCTMl000Section (~ BlockO~ Lot(s) ~.~ LotSize J. TO~na Zone&~x* X - I (WE) APPEAL THE WRITTEN DETERM~ATION OF THE BUILDING INSPECTOR DATED~ ~ ~y tsi Lo I~ BASED ON SURVEY/SITE PLAN DATED ~ [~ [~ Applicant(s)/Owner(s): COII~C~ ~ ct)o~cCq k ~ {4~,~ ~o ~c~ Mailing Address: ~B ff~X 7~ ~T ~ tqY ~[~w ~o~, ~'dy tovTr Telephone: qlT-4Zg-~73~Fax: Email: CmCCIO,O~JgSS~¢2~b~°' NOTE: In addition Io the above, please complete below if applicatlon is signed by applicant's attorney, agent, architecl, builder, contract vendee, cie. and ~allle Uf person who agent represenls: Name of Representative: ~ s ~ l~t~ [ ( br ~ Owner ( )Other: Telephone:~ Fax: Email: Please cheek t ~ spec!fy vho you wish t orrespondence to be n ailed to. fron the abo e mtmes: ( ) ApplicanffOwner(s), {~ Authorized Representative, ( ) Other Name/Address below: WHEREBY TIlE BUILDING INSPECTOR REVIEWED SURVEY/SYI'E PLAN DATED 5t/ (~ Building PermitZ° ,~. aad DENIED AN APPLICATION DATED %l~l~'l. ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Arlicle, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ~ Section: 2.~'a Subsection: t~ Type of Appeal An Appeal is made for: (X) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Towu Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (k) has not been made at any ti*ne with respect to this property, UNDER Appeal No(s). Year(s). , (Plea,re ~e sure to research bqfi~re comph,ti~g this question or call our (~ce for assistance) REASONS FOR APPEAL (Please be speckle adNtional sheets ~ ~a)' be used whh preparer signature notarized): I, An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 2, The benefit sought by the applicant CANNOT be achieved by some method feasible lbr the applicant to pursue, other lhan an area variance, because: ?, ']'hc ammml of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions m the neighb{~rhood or districl because: 5. Itas the alleged dillScully been self created? { } Yes, or { } No Why: Arc lherc any Covenanls or Restrictions concerning this land? ,~No { } Yes (please famish a copy) This is ll~e MINIIvlUM that is necessary and adequate, and at the sa~n¢ time preserve und protect the character of the neighborhood and the health, safety a~d welthre of the conmmnity S~=nature of Apphcant or Aulbonzed Agent C. McDonough & H. Hooke garage REASONS FOR APPEAl,: 1. BOARD OF APPEALS There are many other garages in the area similar to our proposed garage, next to the house and connected by a breezeway, in our case, a pergola. Our proposed garage is confirming in all other aspects. The proposed garage, porch and pergola will enhance the appearance of the property and the neighborhood. We live on a private Road, so the garage will not be visible on the Main Road. This proposal is the most feasible because: a. Following the line parallel to the rear property line from the back corner of the house would require the garage to be behind the septic system. This would mean the driveway would have to go over the sewer pipes connecting the septic tank to the leaching pools. We have experience (at a different house) with the sewer pipe being broken because of being driven over. b. The average rear property line is at an odd angle, again away from the road, and down the hill toward the wetland. The house was angled toward the sun to maximize the efficiency of the solar panels. (Because the panels are efficient, the house has no electric bill and thus less carbon emissions, making it environmentally advantageous for the town.) Because of the angle of the house facing the sun, the rear comer of the house is farther back than it would be if the house were parallel to the road. c. If the garage were in the rear yard behind the septic system, it would create a hardship because it would be: i. On much lower ground, causing water to drain down the property into the garage. ii. 60 feet further from the house (we measured) which would have to be plowed in winter iii. 60 feet further from the house which would mean a 60 foot uphill walk to the house. d. A garage attached to the house would be a hardship because: i. It would put the garden that is now behind the house completely in the shade. ii. We have made a considerable investment in the garden. We have many native plants and plants unusual to Orient that we got from the New England Wildflower Society that are unusual to Orient, bird friendly, and are in our garden. They require a sunny location and the shade of the garage would be harmful to them. iii. The property is very large, so the greater distance between the house and garage is more appropriate for the lot and scale of the property iv. The pergola will have plants growing on it, and create a pleasing connection between the front yard and back yard landscaping A garage to the East of the house would be a hardship because: i. we have a vegetable garden in that location ii. The rear yard location on the East Side would require a VERY long driveway to plow in winter, and again it would be downhill toward the wetland iii. We would rather keep cars and oil away from our well, which is right down the hill from the East location because of possible pollution ,, . BO~,.qD OF APPEALS iv. This East location is even a longer walk to the porch muaroom door on the West Side of the house that we use as our main entrance to the house, and which we have connecting to our proposed location, as there is no entry on the east side of our house. The request is substantial, however, it is mitigated by the fact this is a private road, the garage will not be visible from Main Road, it has the least impact on our neighbors and least amount of land disturbance. The property is large compared to the house and garage. Setbacks from front, rear and side yards are very large and greater than required minimums. Keeping the garage on the higher ground reduces any physical or environmental impacts, it places the garage away from the wetlands and outside of the jurisdiction of any wetland agencies. As stated in #3, setbacks are all large. The proposed construction is in scale with the size of the lot, and as in #1 will enhance the appearance of the property and the neighborhood. The neighbor on the West Side is very far away and there would be no impact on him. All storm water will be retained onsite as per town code. Yes. Because we designed the whole house around the solar panels so it would be an environmentally efficient house, it is at an angle other than parallel to the road. Placing the garage in the usual position in relation to the house and parallel to it places it in a location not in the required rear yard. We plan in the future to put solar panels on the roof of the garage when the technology for hybrid cars is better, so we can charge our car from the roof of the garage. Because of this, we want to maintain the same angle to the sun as the house. This, and the attractiveness of~he design, are ]ghe~reasons for the proposed location. --(~~ ~'D Signature Sworn to before me this ~ day o f ~_'q~vd vi ,20~' Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA Rc£erencc) Applicant: C. ~C ~)oDOI4~)I ~ ~. l~OOk~, Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: AJ//~ BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extemion: aa~o~'. 22X,g,.~ lChrr_h 9XlO: {3eror~kl JCXI~ Dimensions of new second floor: "' .a ; - .~ Dimensions of floor above second level: Height (from finished ground to top of ridge): ~0/ 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and Itt coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 7'4 _qTg, .~ ~ Percentage of coverage of your lot by building area: , V. PurposeofNewConstruction: tlt~ c,a ct ~,. 6:tc~rt 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): -~r on4- , ~ f la ~,, _'r;to.ne~:S ~r)l,on h ; l l b~ h,nd -/-he. hou~ -/~_~rd~ I Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 . QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market lbr sale? Yes .× No Are there any proposals to change or alter land contours? .~ No Yes please explain on attached sheet. BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area?~.~ 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~__y~_~Please confirm status of yonr inquiry or application with the Tmstees:~./_~,er o~C n,n- h a(a~;al,'ch'o~ and if issued, please attach copies o£pennit with conditions and a~pproved survey. Is there a depression or sloping elevation near the area of proposed constrnction at or below five feet above mean sea level? ~o Are there any patios, coacrele barriers, bulkheads or fences that exist that are uot shown on the sm'vey that you are submittiag? p4'o Please show area of the stractnres 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? [',3 o yes, please submit a copy of your building permit and survey as approved by the Building Department and pleaso describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the sabject premises, if any are lacking, please apply to the Buikting Deparhnent to either obtain lhem or to obtain an Aurended Notice of Disapproval. I 1, Do you or any co-owner also owa other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please llst present use or operations conducted at this pareel ..~j~n.O~..~ ~'~70.~.~!~ and thc proposcd use ~ o.*'o, fl~. Anthonzed s~gnatnre and Date Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only RECEIVED BOARD OF APPEAI.~ PART I - PROJECT INFORMATION (To be completed by Ap~pllcant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Mun~tpality 0 rl'e~3t- co[~nty ~' ~ ~o I k 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5 PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 7. AMOUNT OF LAND AFFECTED: Initially , acres Ullimalely ac~es 8, WILL PROPOSED ACTION COMPLY W1TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9 V~IAT tS PRESENT LAND USE iN VICINtTf OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParYJFo~est/Open Space [] OIher Describe: t O. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L._J Yes L~J No If Yes, list agency(s) name and permiffapprovals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~ Yes ~.. No If Yea, list agency{s} name and permit/approvals: LtJ~ o~c r~,'-- ~ 12¸ ]Yes [] NO ! CE RTl FY/~-.[A.T ~HE INFO~I~TION PROViQF~) ~J~OVE IS TRUE TO THE BEST OF MY KNO~ / Signalure: If the action is in the Coastal Area, and you are a state ag,ency, complete the I Coastal Assessment Form before proce~,di,ng with thru assessment O~R PART 11 - IMPACT ASSESSMENT (To b~"~ompleted by Lead Agency) A. DOES ACT ON EXCEED ANY TYPE THRESHOLD IN S NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF, r']Yes DNo B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR. PART 617.67 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 rosy be handwritten, if lng[hie) C 1. Existing air quality, sudaca or grou~ater quality or quantity, noise ~eveis, existing traffic pattern, solid waste production or disposal, potential/'or erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, ogric~ltural, archaeological, historic, or other natural or cullurel resources; or communily or neighborhood character? Explain briefly: C3. Vegetation o¢ fauna, fish, shellfish or wiktiife species, significant habitats, er threatened or endangered spades? Exp~in briefly: C4. A community's existing plans o~ goals as off. ally adopted, or e cringe in use or intensity of use of land or other nateral resources? Explain briefly: C5, Growth, subsequent development, or related act~lies tikely Io be induced by the proposed action? Explain briefly: C6. Long term, short term, curoelefive, or other effects not identified in C1-C57 Explain briefly: RECE/VED C7 Other iropacts (including changes in use of either quanlity or type of energy}? Explain bdefiy: I~OARD OF AppEAL~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA {CEA)? [] Yes~r'-] No If Yes, briefly: E IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO ~f Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it ~s substantial, la~ge, importanl or otherwise signiflcanL Each effect should be assessed in connection with its (a) setting (La. urban or rural); (b) probability of occurring: (c) duration; (d) irreversibility; (e) geographic scope; and (f) roagnitude. If necessary, add attachments or reference supporting roatedais, Ensure that explanations contain sufficient detai~ to show that ag retevant adverse impacts have been identified and adequateiy addressed, if question D of Part II was checked yes. the determination of significance must evaluate the potentialimpact of the proposed action on the envirenroental characteristics of the CEA ] Check this box if you have identified one or moro potentially large or significant adverse impacts which MAY occur. Then proceed (~irectiy to the FULl EAF and/or prepare a positive declaration, [] Checkthisb~xify~uhavedetermined'b~sed~nthe~mf~n~ai~nandeca~ysisab~veandanysupp~rt~ngd~cumen~ag~n~th~ttheprep~sedacti~nW~L[ NOT resul in any s gn tic. an adverse environmenlal impacts AND provide on attachments es necessaq/, the masons supporting Ihis detormination Name of Lead Agency Print orType Name of Resp~-alible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Til~ ot Responsible Officer Signature of Preparer (If ditterent feorn responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED BOARD OF APPEALS WttEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL All applications requiring an agricultural data statement must be referred to the Suffoih CounO: Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)NameofApplicant: C. /V(r_ ['3r, rw~Ja~ 2) Address of Applicant: ~77~Z 3) N~e of L~d Owner (if other than 4) Address of Land Owner: 5) Description of Pro~sed Project: 6) Location of Property (road and tax map number): /;~tShl M '[~5g[a/~pal¥/~T~.) IOO0 -i 7) Is the parcel within an agricultural district.'? i--INo [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? gaNo I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet oftbe boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 76~)38~ the Zonin/g}Board of Appeals at 765- t 809. - Si~'nhture of Appfican~ Date Note: 1. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies oftbe completed Agricultural Data Statement shall be sent by applicant and/or the clerk oftbe board 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. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 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. YOURNAME: ~c.b~nu. qL Col(een bl. -oOLe-, (Last name, first nanfe, 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 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 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 ~J-~' dayof Signature , ,~_~ Print Name ~te,~ ,20 APPLICANT RECEIVED ~-~4 TRANSACTIONAL DISCLOSURE FORM , i '_ (FOR SUBMISSION BY OWNER andOWNER'S AGENT) ' 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. YOURNAME: LeeAnn Romanelli (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 or company name.) NATURE OF APPLICATION: Tax Grievance Variance Special Exception If"Other", name the activity: (Check all that apply.) 'f Approval of Plat [ Exemption from Plat or ornci 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 l I NO [ ¥ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater than 5% of the shares of the 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 Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED BOARD OF APPEAL~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Departraent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] BuildingOepL ~ BoardofTrustees ~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: BOARD OF AVpEA~ Present land use: tqK,5sOCr-.AI TlR I- 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: ~.~lqM ~o.~ AM ~ L~ I (b) Mailingaddress: PC~ [~OKC'~Oq SO~t'TI~J~L'~ Ilq?l (c) Telephone number: Area Code ( ) -~ 6 ~ ' ~0 ~ 0 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No [] If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes ~ No [--] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~ No ~ (Not Applicable - please explain) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOVgN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved qt 5/_~ ?~20__ Disapproved a/¢ Exp~a~on ,20 JU! 0 3 ~1~ BUILD] BOARD OF APPEALS[ PERMIT NO. ~ PERMIT APPLICATION CHECKI_ you have or need the following, before apply Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D/E.C. Trustees Contact: Mail to: Phone: Building Inspector ~ ?/~LICATION FOR BUILDING PERMIT ~1 " / / Date k_-- .... J / INSTRUCTIOss / -- his annlltI:,~~ely filled m by typewnter or mmk and submitted to the Building Inspector with 'ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot ~lan showing location of lot and of buildings on premises, relationsh/p to adjoining premises or public streets o areas, and'.vcaterways. 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 permJ 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 property have been enacted in the interim, the Building Inspector ay autl/on~e, m writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS · · ' HEREBY MADE to the Budding Department for the ~s~uance of a Bufldi2ug Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable LaWs, Ordinates Regulations, for the construction ofbuildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing ~gu~ admit authorized inspectors on premises and in building for necessary inspections. (Signature of appiica~{ or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises .~/~1~o,o~(., ,/loo / (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. "T'f~ P Plumbers License No. T~ D Electricians License NO. T'~ 'b Other Trade's License No. Location ofland on which proposed Work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) 2. State existing use and occupanOf premises and intended use and occu~cy of proposed construction: a. Existing use and occupancy i"(e~,'~,.~4io~( b. Intended use and occupancy Ga rao~. 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~ fro K. Fee 5. If dwelling, number of dwelling units pa/~ If garage, number of cars 2-- Addition Alteration Other Work (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 Height ~[r t Number of Stories Depth 30 r Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stodes 8. Dimensions of entire new conslruction: Front ~ ' Rear ~& ' Height ~ / Number of Stories I 9. Size of lot: Front I~ / Rear (o% / .Depth 10. Date of Purchase ~.000 Name of Former Owner /~mrT~ ~' o. ~ Rear Depth 22 t 11. Zone or use district in which premises are situated /~ - ~o 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES __ NO .~{ Will excess fill b~ removed from premises? YI~$ .. 14. NamesofOwnerofpremises g~-l~m ~oo~c~ 'Address ~13 ~79 M >q~c'Phone~. NmeofArchitect ~l,'~b~ <hob?on Address 16~ ~lt~~ ~ ~ ~eNo Nme of Con,actor . ~G p Address Phone No. 15 a. 'IS this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ,~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO ~ * IF YES, D~E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property !s at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) oo /~--/5/t~ being duly sworn, deposes and.says that (s)he is the applicant /(~arae of individual signing contract) above named, (S)He is their, ~. (Contractor, Agent, Corporate Officer, etc.) of said owner o~'6wners, 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; andahat the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of MO~ KAREN Y CHOT0 Notary Public - State ol New York NO. 01(~H6249069 Qualified Iff Queens C,~.Wlt_y. My Com~,,~ Ex~lre, IDT~ ~ Sigr~tt~re of Applicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECE*rVED BOARD OF APPEALS CERTIFICATE OF OCCUP~/qCY NO: Z-30211 Date: 05/25/04 THIS CERTIFIES that the building NEW DWELLING Location of Property: 27752 MAIN RD ORIENT (HOUSE NO,) (STREET) (HAMLET) County Tax Map NO. 473889 Section 18 Block 6 Lot 21.8 Subd/vislon Filed Map No. __ Lot No. __ conforms substantially to the Application for Building permit heretofore filed in this office dated DECEMBER 20, 2002 pursuant to w~/ch Building Permit No. 29107-Z dated JANU;%RY 15r 2003 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 SINGLE F~41LY DWELLING AS APPLIED FOR. The certificate is issued to COLLEEN MCDONOUGH & HELEN HOOKE (OWNER) of the aforesaid building. SUP~3LK CO~ DEPARTMENT OF HF~%L~PROV;~L R10-99-0232 05/14/04 Rt,FCTRICAL C~RTIFICATE NO. 1181490 04/01/04 Rev. 1/81 05/05/04 ROBERT VANETTEN THIS INDENTURE, made the tO 7:U- day of F'ebrt~ary, 2009 ' ~ BETWEEN SEYMOUR WHITE: and ANNA M. WHITE, his wife, residing at 420 Bay Oaks Drive, Pensacola, Florida, 32506 party or,he first part, and COLLEEN MCDONOUGH and HELEN HOOKE, residing at 11 Adams Street, Port Washington, NewYork, 11056-3201 as joint tenants with right of survivorship party of the second part, WITNESSETH, that the party of the first part, in consideration of ( $ 7 0,000.0 0 ) SEVENTY THOUSAND .............. RECEIVED BOARD OF APPEALS dollars, lawful money of the United Slates, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and imporvements thereon erected, situate. lying and being in thc at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which is South 30 degrees 26 minutes 10 seconds East 387.50 feet from a monument on the southerly side of Main (State) Road, at the northeasterly comer of land of Amelia Sledjeski Estates; from said point of beginning; RUNNING THENCE along other land of Hataier, Nor:h 59 degrees 33 minutes 50 seconds East ~ ~eet to land of Grippe; THENCE along said land, North 38 degrees 02 minutes 20 seconds East 151.35 feet to the land of Sabine; THENCE along said land South 30 degrees 24 minutes 30 seconds East 70.85 feet to land of George L. Young Estates; THENCE along said land, South 10 degrees 38 minutes 30 seconds East 180.35 feet to other THENCE along land South 59 degrees 33 minutes 50 seconds West 347.66 feet to the eastady line of said land SledJaskl Estates; THENCE along said land North 30 degrees 26 minutes 10 seconds West 185.00 feet to the point or place of BEGINNING. TOGETHER with a right of way in common with others to and from the Main (State) Road, being descdbed as follows: BEGINNING at the northwest comer of the parcel above described; RUNNING THENCE along the easterly line of land of S~edjeski Estates, North 30 degrees 26 minutes 10 seconds West 387.50 feet to the southerly side of Main (State) Road; TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to mid premtses, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or suc- cesmrs and assigns of the party oftbe second part foreven AND the party of the first part covenants that the party of the first part has not done or suffered anything where- by the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 oftbe Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive ~uch considera- tion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of th= improvement before using any part otthe tqtal of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 1N WITNESS WHEREOF, the party of thc first part has duly executed this deed the day and y~ar first above written. RECEIVED BOARD OF APPEAL~ SURVEY OF PROPERTY SITUATED AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 'JOOO-18-O6-ZI.8 TYPICAL $1~'WAGE DISPOSAL SYSTffM Joseph A. lngegno 1... Surveyor j Board of Zonin~ Appeals Application RECEIVED BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) (Print property owner's name) residing at &]C. tO ~or/e- tO~ l~5_0.75. .... do hereby authorize (Mailing Address) (Agent) to apply for variance(s) on my behalf from the Southold Zoning Bom'd of Appeals. ' ( O-wnte~:' s Signature) (Print Owner's Name) Albert J. Krupskl, President James ~ Vi-ce-President Henry Smith Art/e F~er Ken Poliwoda ~CE~VED ?ow',a Ha.U ~..m~, ~, OF APPEAL~ 58095 Ma~. 1%oad Southold, New York 11971 Telephone (§16) 765-1892 Fax (516) ~65-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 8, 1999 HelebnHook~ & Colleen McDonough 11 Adams Street Port Washington NY 11050 RE: SCTM #18-6-21.8 Dear Ms. Hooke & Mc Donough, The Southold Town Board of Trustees reviewedthe.survey dated and received in our of£ice on November 8, 1999 and determined that the constructiono£ a sin~le family dwelling to-beout of the. Trustee Wetland jurisdictio~, under Chapter 97, of the Town Wetland Code. However, any activity within 75' of the Wetland line would require permits from this office. However, this determination is not a determination from any ether agency. If you have any further questions, please do not hesitate to call. Bincerely, Albert J. Krup~k!, Jr. President, Board of Trustees AgK/djh cc. Bldg. Dept. BOARD OF APPEALS New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631} 444-0365 FAX: (631) '!-!'I.-0360 Letter of Non-Jurisdiction - Freshwater Wetlands Act John P. Cahill com~uss~oner December 15, 1999 Ms. Helen Hooke & Colleen McDonough 11 Adams Street Port Washington, NY 11050 Re: Application #1-4738-O2471/00001 Dear Ms. Hooke and Ms. McDonough: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: You~proposed project to construct a single family dwelling and pool at 27752 Main Road, Orient, NY, SCTM # 1000-18-6-21.8, as represented on the survey by Joseph Ingegno dated September 23, 1999, last revised on December 6, 1999 is more than 100 feet from regulated freshwater wetlands. Therefore, no. permit is required under the Freshwater Wetlands Act (Article 24 of the *Environmental-Conservation Law). Be advised, that all construction, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater ~;~ttand boundary. In addition, any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are co_ntemplated. P.lease be further advised that .this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals, from other age~ ~hn Wieland ermit Administrator cc: BOH file TOWN. OF SOUTHOLD PROPERTY RECORD CARD OWN~ Sm~, ~775'~ , VILLAGE mST. su~. tOT ~ I S W ~PE OF BUILDIN$ BOARD OF APP~ TillabJe FRONTAGE ON WA~R · W~nd FRO~AGE ON EOAD ~8~' ~ O~ 18.-&-21.8 Exteflsio~ L0 ~ ~' ~ ~ F~rePlace y~ Hot Porch ~ ~ = ~ ~ k~ Pool Attic Deck Pat~o Rooms 1~ Floor B~zeway Dr[veway Rooms 2nd FLoor Garage o. 8, ~ ~ ~ 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, 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 July 9, 2012 Zoning Appeal No. 6584 Transmitted herewith is Zoning Appeals No. 6584 of Leeann Romaneili for Colleen McDonough & Helen Hooke- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated May 15, 2012, Copy of Application for Building Permit Dated May 8, 2012, Copy of Certificate of Occupancy No.Z-30211 for Single Family Dwelling Dated May 25, 2004, Two Pages of Deed Between Seymour & Anna White and Colleen McDonough & Helen Hooke Dated February 10, 2000, Copy of Survey Showing Existing Construction Dated January 6, 2003 Prepared by Joseph A. lngcgno Land Surveyor, Authorization Letter from Helen Hooke to Leeann Romanelli to Represent Them in this Matter, Letter form Town Board of Trustees Stating Property is out of Trustees Jurisdiction Dated November 8, 1999, Letter from NYS Department of Environmental Conservation Stating that the Property is not Within their Jurisdiction Dated December 15, 1999, Two Pages of Property Record Card, Four Pages of Photos of Property, Copy of Survey Showing Property as it Exists Dated January 6, 2003 Prepared by Joseph A. Ingcgno-Land Surveyor, Four Pages of Site Plan Showing Elevations and Floor Plans Dated April 20, 2012 Prepared by Elizabeth Thompson, Architect. of Southold P.O Box 1179 Southold, NY 11971 Date: 07/05/12 * * * RECEIPT * * * Receipt~: 138242 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6584 $500.00 Check#: 0405 Total Paid: $500.00 Name: Hooke, Helen B. 27752 Main Road Orient, NY 11957 Clerk ID: CAROLH Internal ID: 6584 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 2, 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~ AUGUST 2~ 20t2: 1:30 P.M. - COLLEEN McDONOUGH and HELEN HOOKE #6584 - Request for Variance from Article III Code Section 280-15 based on an application for building permit and the Building Inspector's May t5, 2012 Notice of Disapproval concerning permit to construct accessory garage, at: 1) accessory garage will be located in other than the code required rear yard, located at: 27752 Main Road (Robin Road) Orient, NY. SCTM#1000-18-6-21.8 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: July 9, 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 $outhold, NY 1197%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 July 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,August 2, 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 July 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearing, proVidin.q the returned letter to us as soon as possible; AND not later than July 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 25th' Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before July 31, 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. ¢~" # 10788 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 co~nmencing on the 26th day of July. 2012. ,~~" ',c,~'"~ ~ Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 2~ 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pu~ suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public heanngs will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at thc Town Hall, 53095 Main Road, EO 1 ! 79, Southold, New York 11971-0959. on THURSDAY AUGUST 2~ 2012: Carryover Hearings, continued tiom prior meetings and pending additional m formation: Adjourned from Public Hearing July 5,2012 10~0 A.M. - ALAN FIDELLOW 10'.20 A.M. - MURRAY GAYLORD //6585 ~ Request for Variances from Ar- ticle XXII Code Section 280-116(B) and Article XXIII Section 280-124 based on an application for building per, nil and the Building Inspector's June 21, 2012 Notice of Disapproval for demoli- tion and reconstruction of single lam fly dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 15 feet, 3) less than the code required rear yard setback of 50 feet, located at: 765 Be¢chwood Road (adj. to Great Peconic Bay) Cutehogue. NY. SCTM#1000-1164-20.1 10'.40 A.NL- BREWER YACHT YARD O GREENPORT. lNG g6581 Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's May 24, 2012 Notice of Disapproval concerning permit to de mobsh and construct a boat storage and office/storage building, at; 1) proposed structures at less than the code required bulkhead setback of 75 feet, located at: 14f(~ Manhasset Avenue (adj. to Sterling Creek and Sterling Basin) Greenport, NY. SCTM#1000-36-1-1 11:15 A.M. - FRANCIS D'HAENE #6580 - Request for Variance from Article III Code Section 280-15 and the Build- ing Inspector's May 21, 2012 Notice of Disapproval based on an application for budding pemfit for an "as built" acces- sory in-ground swimming pool at: 1) 'as built' in ground swinuning pool is located in a location other than the code required rear yard, located at: 8555 Main Bayview Southold, NY SCTM#100~78-9-48 1'1130 A.M. - VINCENT and EILEEN FLAHERTY g6583 - Request for Vari- ances from Article XXII Code Section 280-116 and Article Ill Code Section 280- 15 based on an application for building permit and the Building Inspector's April 30, 2012 Notice of Disapproval concern- ing permit to construction additions and alterations to a single family dwelling, at: 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) upon construction accessory garage will be located in other than the code required rear yard, located at: 470 Inlet Way (adj. to Faithaven Inlet,The In- let and Little Peconic Bay) Southold. NY. 11:50 A.M. CHRISTOPIt:ER M. and PATRICIA E McCART~Uf g6582 Request for Variances from Article IV Code Section 280-18, based on an plication for building permit and the Building Inspector's May 23, 2012 No- tice of Disapproval concerning proposed construction of an addition to a single family dwelling at, (1) less than the code required front yard setback of 50 feet on this corner lot, located at: 1460 peconic Bay Blvd. (adj. to Private ROW), Laurel, NY CTM: 145-2-14, 15,16 quest for Variance from Article III Code Section 280-15, based on an application for building permit and the Building lnspec tot's May 1, 2012 Notice of Disapproval concermng "as built" reconst ruction of an accessory shed at; less than the minknum code required rear yard setback of 3 feet. located at: 2250 Sigsbee Road Mattituck, N~ SCTM#I000-144-1-20~ 2012. ISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 QuaUflecl Irs Suffolk County My Commission gxp0es February 2g, 2016 for Variance from Article III Code Section 280q5 based on an application for building permit and the Building Inspector's May 15,20~2 Notice of Disapproval concerning pernut to construct aceesso~ garage, at: 1 ) accessory garage will be located in other than the code required rear yard, located at: 27752 Main Road (Robin Road) Ori- ent, NY. SCTIVI#10(IM8~-21.8 The BOard of Appeals will hear all per- sons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the con- clusion of each heating. Each beating will not start earlier than designated above. Fdes are av~lable for review during regu- lar business hours and prior to the day of the hearing. 1~ you have questions, please contact our office at, (631) 765-1809, or by Dated: July 10, 2012 ZONING BOARD OFAPPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vickl Toth 54375 Main Road {Office Localion ) 53095 Main Road (Mailing/[JSPS) go. Box 1179 Souffiold, NY 11971-0959 10,788-1T 7/26 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME-. MCDONOUGH, C. # 6584 SCTM #: 1000-18-6-21.8 VARIANCE: LOCATION REQUEST: ACCESSORY GARAGE DATE: THURS., AUG. 2, 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS 0xIam~ of Applicants) ..~ SCTM Parcel # 1000- I~- 0,0 - ~.~. ~ COUNTY OF SUFFOLK STATE OF NEW YORK I,. [.~'~rhfl ~)~/ I', residingat ~.~0 '-[~L~ ~Ji'tee4~ New York, being duly sworn, deposes and says that: On the I'~j'h dayof ~, , 20~3~, I personally mailed at the United States Post Office in~ax-[~ [,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 assessment roll verified from the official records on file with the ( ) Assessors, or 0<~) 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__~roperty. · (Signature) Sworn to before me thisc~ 4 dayof~..~- _~ ~20['Q~--- I~otary Pu~ic, ~ of ~ew Yo~ ~ ~ ~ 01~19~96 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. roy ~'-0971 rtl Postage ~3 rm rq O3 Postage Ceriified Fee Return Receipt Fee (Endorsement Required) Restricted Deilvery Fee (Endorsement Required) Total Postage & Fees or PO BOX NO, $0.45, $2.~ ' O~ $2.3 $ $5.75 RetumRece p Fee (Endorsement Required) Restdcted (Endorsementf Total Postage & Fee~ m Certified Fee m Return Receipt Fee (Endorsement Required) Restdcted Delivery Fee (Endorsement Required) Total Postage & Fees m or PO ~ox No, $0.45 $2.95 $2,Z 0971 · Complete items 1,2, end 3. Also complete item 4 if Restricted Dellve~ Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailptece, or on the front if space permits. 1. Article Addressed to: 3. Setvk~e Type ! I-I ~ Mall [] Express Mall r'9 Reglstomd [] Retum Receipt for Merchandise [] Insured Mail r'l C.O.D. 4. ReeDY~ted Delivery? (Extra Fee) [] Yes 2. Article Number crr',~r ~o~'~ ~b~: 7011 3500 0003 3715 7096 PS Form 381 1, February 2004 Domestic Return Receipt · Complete Items 1, 2, end 3. Also complete ~ 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mallplece, or 0~the front If spaca permits. 1. ~ ressed to: B. Reeelved b [] Addm~ee ?eddmss ~ from Item 17 []Yes ff YES, enter dellve~ ado'mas below:. [] No [] ~,~d [] Return 14J~celpt for Merchandise [] Iseumd Mall [] C.O.D. 4. Reet~ted D~Ne,y~ (E~a Fee) []Yes 7011 3500 0003 3715 7126 PS Form 3811, February 2004 Domestic Retum Receipt · 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 mailpieca, or on the front if space permits. D. [s deliver/address different from item 17 i-1 Yes If YES, enter daiive~ address below:. [] No [] Ca,Bad Malt: I'l~E.~re~ Mall .~ Retum Receipt for Merchandise 2. A~tJcle Number 4, r-lyes 7011 3500 0003 3715 7133 Don~ P~ Recaip~ '~ ' ~2-M-1540 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 tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number ffren~r fn~ service ~.~x~ 7011 PS Form 3811, February 2004 [] Agent [] Addressee D. Is delivery address dEferent flora item If YES, enter delivery address below: [] Reglsten~d [~°for Merchan ~d~I~ [] Insured Mail :~: 3500 0003 37~5 7102 ' · Complat~ items 1, 2, and 3, Also complete item 4 If Restricted Delivery Is desired. · Pdnt your name sod address on the reveme so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~ticle Addressed to: 2. Article Number [ pS Form 3811, February 2004 Received by (Pr/n~d Name) CJ~ate~f Delivery "'l- 'b l- i ..z. D. Is deliver/address different flom item 17 [] Yes If YES, enter delivery address below: [] No [] ~ Mail ri I~m~ Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (EX~a Fee) [] Yes 7011 3500 0003 3715 7140 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of~Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as. SCTM Parcel #1000- ~8- C~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, (_~(p~, ~ ('t residing at I~-,~ ~e~ ~O-"~l d~)[k~ ,New York, being duly sworn, depose and say that: On the &~l~l day of .~(k~(. , 201~L, I personally placed the Town's Official Poster, with the date &°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) day~ prior to the date of the subject hearing date, which hearing date was shown to be ~t~!c~l~ (Signature) Sworn to before me this Day of~-k,t.J~ , 201d/ ¥1Ct0 TOT~ (Notary Public) * ne~ the entr~ce or driveway entr~ce of my property, as the area most visible to p~serby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 3, 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 # 6584 Owner/Applicant · C. MCDONOUGH & H. HOOKE Action Requested: ACCESSORY GARAGE. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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. TEST HOLE DATA (~ST SO~ ~ BY C~ ~v/o/x CA~.L D~MAR~ST & DA~VI~LL~ BMMAR~$T SURVEY OF PROPERTY SITUATED AT ORIENT IOWN OF SOUIHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-18-06-21.8 SCALE 1"=50' SEPTEMBER 23, 1999 C~TOBER 27, 1999 ,~DDED SITE PLAN DECEMBER 6. 1999 REVISED StaTE PLAN DECEMBER' t6, 2002 REVISED PROPOSED HOUSE JANUARY 6, 2003 REVISED FRONT SETBACK AREA = 74,548.55 sq. ff. 1.707 oc. LAND OWNER'S ABSTRACT TITLE No. L11595 S FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK HELEN HOOK£ COLLEEN McDONOUGH TYPICAL 3E]VACE DISPOSAL SYSTEM ,, ! /¢.1"r¢' FI.AM, '--. I' ~,o' 4i ~ ' -..... 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 hup://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 17, 2012 Colleen McDonough Helen Hooke 333 East 79th Street Apt. 14Y New York, NY 10075 RE: ZBA Application #6584 Dear Ms. McDonough and Hooke: Transmitted for your records is a copy of the Board's August 16, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. Sincerelyl~'~ ~ J Vicki Toth Encl. Cc: Building Dept. 9¸9 14.6 14.5 218 SECTION NO 18 PROPERTY MAP