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HomeMy WebLinkAbout6582 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Sonthold 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://southotdtown.northfork.net ZONING BOARD OF APPEALS ~}~C~lltEr~ TOWN OF S. OUTHOLD _&.'"'~ ct: ~ / Tel. (631) 765-1809 Fax (631) 765-9064 AUG t 2 1..20P FINDINGS, DELIBERATIONS AND DETEmATION~2;~ MEETING OF AUGUST 16, 2012 ZBA FILE: 6582 NAME OF APPLICANT: CHRISTOPHER M. and PATRICIA F. McCARTHY PROPERTY LOCATION: 1460 Peconic Bay Blvd. (adj. to Private ROW), Laurel, NY. CTM: 145-2-14, 15, 16 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 property is a 56,288 square foot conforming parcel consisting of three lots located in a R-40 zone district. The 3 Lots have merged as per Code Section 280-10. The property is improved with a 2-1/2 and 1 story frame house with attached garage. The property has 103.27 feet of frontage along Peconic Bay Blvd., 575.76 feet along the eastern property line, 100.00 feet on Great Peconic Bay and 550.00 feet along the western property line as shown on the Survey prepared by Nathan Taft Corwin III, L.S. prepared June 4, 2009, last revised June 6, 2012. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18, based on an application for building permit and the Building Inspector's May 23, 2012 Notice 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 comer lot. RELIEF REQUESTED: The applicant requests variances to construct a 12.5 foot by 11.5 foot addition to the west side of the dwelling with a front yard setback of 20.7 feet from an existing R.O.W. and another front yard setback of 44.9 feet on this comer lot where the code requires a front yard setback of 50 feet. ADDITIONAL iNFORMATION: Applicant had a prior application before this Board on February 25, 2010, file number 6352. The request was for additions and alterations to add a second floor of habitable space over an existing attached garage, which maintained a front yard setback of 20. I feet and an existing side yard of 13.1 feet, the variances requested were granted. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3 - August 16, 2012 ZBA File#6582 - McCarthy CTM: 1000-145-2-14,15,16 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 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed first floor expansion is minimal in size and will not be visible from the road or R.O.W. because of mature evergreen screening. 2. Town Law §267-bO)(b)(2}. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The pre-existing location of the dwelling along a private right of way, which is considered a front yard, is non-conforming. The applicant is requesting a minimal expansion (approx. 144 sq, ft.) of the kitchen. Any additions to this side of the dwelling would require a variance. 3. Town Law §267-b(3}(b}O}. The variance granted herein for the front yard setback of 44.9 feet is not mathematically substantial, representing 10% relief from the code. The variance granted herein for the front yard setback of 20.7 feet is substantial; representing 59% relief from the code However, the dwelling has pre-existing non-conforming setbacks from this private right of way. The proposed addition is on the side of the dwelling located primarily on the private right of way which is accessed by one other property owner. 4. Town Law §267-bO)(b}{4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. All storm water run off will be retained on site per Chapter 236. 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 pumhase. 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 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT~ the variances as applied for, and shown on the Survey prepared by Nathan Taft Corwin III, L.S. prepared June 4, 2009, last revised June 6, 2012 and the architectural drawings prepared by Charles Thomas, architect dated April 2009, last revised July 2012 as sheets 1 and 2. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving 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 us are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3- August 16, 2012 ZBA File#6582 - McCarthy CTM: 1000-145-2-14,15,16 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resolution was duly adopted (I -0). Leslie Kanes Weisman, Chairperson Approved for filing '~/]~ /2012 / RECEIVED ~OARD O1:: APPEAL~ SURVEY OF PROPERTY SITUATE LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-145-02-14 S.C. TAX No. 1000-145-02-15 S.C. TAX No. 1000-145-02-16 SCALE 1"=30' JUNE 4, 2009 JULY 15, 2009 ADDED 2nd STORY ADDITION MAY 7, 2012 ADD PROPOSED ADDITION JUNE 6, 2012 ADDED PROPOSED BILCO DOOR .CERTIFIED TO. CHRISTOPHER M. McCARTHY PATRICIA F. McCARTHY AREA DATA S.C. TAX No. 16,288 sq. ff. 1000-145-02-14 0,574 ac. S,C. TAX Ne, 20,000 sq, it, 1000-145-02-15 0,459 S,C, TAX No. 20,000 sq. 1000-145-02-16 0,459 oc. TOTAL 56,288 sq, 1.292 ac. FINAL MAP ZBA REVIEWED BY' I SEE DECkS,ON # ~_7_?_ I Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (531)727-1727 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURV~ IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, THE £XISTENCE OF- RIGHT OF WAYS T O, .WINDOWS ~INDOW OETAIL~ T,D, FIRST FLOOR FRONT SCALE; 1/4" = 1'-0" ELEVATION SIDING CAL ROOF CONSTRUCTION ASPHALT SHINGIr RO(~INC ROOF FELT Off 1/2" COX PLY~OD SHEAIHING. 2"X8" ROOF RAFTERS O 16" 0.C, X 10" (~ TYPICAL ROOF ASPHALT SHINGI~ ROORNO O~R.15~ ROOF PELT ON I/2" CDX I 2XlO ROOF R~'ILBS · 16" O,C. TYPICAL CEILING 2" X 10" CEILING dOISTS O 16" 0 W/ R-38 BAT[ INSULATION STRUCTION MATCH NEW FASCIA PRORLE DETAILS TO EXISTINC FASCIA MATCH E ~NDOW DETAILS MATCH EXIST, S ADDITION CONSTRL I 2"x6" CCA SILL PLATE TERMITE S 1/2" DIA, ANCHOR BOLTS O 32" O.C, NYS CODE MATCH EXIST, FJNJSHED MILL VAPOR E~ARRIEIR IYVEK HOU~ INRAP L" 1MO, ~UDS D 16" TYPICAL FLOOR CONSTRUC' 7/8 Tdl ~OOR GISTS D 16"O.C. W/3/4' PLYWOOD SUSFLOOR W/UlN. R-25 TIATT. i POURED CONCRE~ FOUNDATION ON QIQUID MEMBRANE WATERPROOFING OVER FOO~NB (TYP) B'-7" PLATE HEIBHT T.O, FIRST FLOOR m R I G H T S I D E E L E VA TI O N L___ SCALE: 1/4" = 1'-0" FINAL MAP [REVIEWED BY ZBA/ THESE DRAW1NGS AND ACCOMPANYINO SPECIFICATIONS, AS INSIRUMENTTI OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICA~ON SHALL BE RESTRIGIFD TO THE ORIGINAL SITE FOR WHICH ~EY WERE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, JS PROHIBITED EXCEPT BY WRITTEN PERMISSION PROM THE ARCHrTECT. TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT. VISUAL CONTACT ~TH THEN SHALL CONSTITUTE PRIMA FACE EVIDENCE OF ACCEPTANCE OF THESE RESERICRONS. LLI Z NO. EXISTING w-~" ~o'-o" 1'-2 "'-"~" ~2'-~" "-~i" ,~,_o. / ~ (~PIOAL) n I / / I I ~ gO~O O.H. 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J m o ............. *~~ j m I ~ ~ m O FOUNDATION PLAN O FIRST FLOOR PLAN ~'- FINAL MAP REVIEWED BY ZBA SEE .DECISION ~ ~ SHEET i DATED~ / I~ I~/~ COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Ir ~i .., 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 of the Suffolk County Adminislrative 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 TELECOPIER (631) 853~1044 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL RECEIVED ~OARD OF APPEALS DATE: May 23, 2012 TO: Patricia Moore for Chris McCarthy 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated May 16, 2012 For a permit for an addition to a single family dwelling at Location of property: 1460 Peconic Bay Blvd., Laurel, NY County Tax Map No. 1000 - Section 145 Block 2 Lot 14,15,16 Is returned herewith and disapproved on the following grounds: The construction of an addition on a conforming parcel, is not permitted pursuant to Article IV Section 280-18 which states: "No building or premises shall be ...altered in the Low Density R40 District unless the same conforms to the requirements of the Bulk Schedule & of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Lots located in the R40 District require a fi-ont yard setback of 50~ The survey indicates proposed fi~ont yard setbacks of 20.7' & 45' on this comer lot. Authorized Signature fee: $ __ Filed By:. Assignment No. RECEZVED -"'- ~ OF APPEALs APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1460 Street Peconic Bay Boulevard Hamlet Laurel SCTM 1000 Section 145 Block 2~Lot(s) 14~15 & 16 Lot Size (3 lots) 56,288 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 23, 2012 BASED ON MAP May 7, 2012 prepared by Nate Corwin Ill Applicant(s)/Owner(s): Chris & Patricia McCarthy Mailing Address:_1460 Peconic Bay Boulevard, Laurel NY 11948 Telephone: c/o Pat Moore 765- 4330__ Fax #: 765-4663 Email: pcmoore(~mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. alld name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 for ( X ) Owner, or ( ) Other: _ Email: pcmoore~mooreatlys.com Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATE 5/17/12 and DENIED AN APPLICATION DATED May 23, 2012 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article IV 280-18 Bulk Schedule two front yard setbacks: 20.7' (common road) & 45' ( Peconic Bay Boulevard) Type of Appeal. An Appeal is made for: F~ 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, X has been made at any time with respect to this property, UNDER 4/8/10 Appeal #6352 -approved second*floor addition over existing garage Name of Owner: Chris & Patricia McCarthy ZBA File # REASONS FOR APPEAL (additional sheets ma~ be used with preparer's signature): AREA VARIANCE REASONS: RECEIVED BOARD OF APPEALs (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The owner wishes to add a seating area to the existing kitchen on the west side of the house. Because the th ree parcels have merged, the setbacks required are for the larger parcel (Lot 14, 15 & 16), the improved parcel Tax Lot 145-02-14 is 16,288 sq.ft., the front yard set backs would be 35'. The addition, a 12.5' x 11.5' room addition to the kitchen is adjacent a right-of-way used by the community. This right-of-way requires a "front yard setback". The addition to the existing residence conforms to the residential character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The residence is existing, the kitchen is on the west side of the house and the McCarthy family is living in this house year round. Mrs. McCarthy would like to start the kitchen addition rather than pursue the area variances for the separate lots. If lot 14 was un-merged from Lot 15 & 16 then the front yard setback for a 16,288 sq.ft, parcel would be 35'. The McCarthy family has no intention of developing the other lots in the immediate future, however, the two lots (15 & 16) are a conforming one acre, a substantial value to the family. (3) The amount of relief requested is not substantial because: While the variance is significant due to the combined parcels, the property is nonconforming and neighboring properties are similarly developed in this community. The addition is a 12.5' x 11.5', a room addition to the existing house. There is no other means to provide for a dinning a rea to the kitchen without extending the room out. The road (right-of-way) is west of the house. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There will be no environmental impact by this room addition. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No the existing house was pre-existing nonconforming as to set backs. The kitchen addition is planned before the parcels are re-subdivided, therefore the setbacks require a variance application. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. / NOt~bllc, State of New York No. 01PE6130636 Qualified In Suffolk County. n._.t....~ Comml&slorl Expires July 18, ~ Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure~f~__!!~ur attorney.) P-~ ~'v~,:._~_~.~~-:~u:;- ~ure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Chris & Patricia McCarthy Date Prepared: May 29, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: none RECEIVED BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- see footprint shown on survey 12.5' x 11.5' Dimensions of new second floor- no change Dimensions of floor above second level :no change Height (from finished ground to top of ridge): 8"-7' Is basement or lowest floor area being constructed- no change If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes ) See Drawings by Charles Thomas dated (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: existing two story house Number of Floors and Changes WITH Alterations: kitchen addition IV. Calculations of building areas and lot coverage (from surveyor): House: 2,287.3 sq.ft. + deck 444 sq.ft.= 2,731.3 sq.ft. Proposed increase of building coverage:__143.75 sq.ft.. Square footage of your lot: if re-subdivided 16,288 sq.ft. / 2,881.05 = 17.68 % if one parcel: 56,288 sq.ft. = .05% Percentage of coverage of your lot by building area V. Purpose of New Construction Requested: eat in kitchen for family VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Patricia & Chis McCarthy 1000-145-2-14~15 & 16 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. RECEIVED tlOARD OF APPEALS 1) Am them areas that contain sand or wetland grasses?~ 2) Am these areas shown on the map submitted with this application?~ 3) Is the property bulkheaded 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? Yes Please confirm status of your inquiry or application with the Trustees:_out of iurisdietion and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel pre-existing nonconforming single family dwellin~ and proposed use dwelling with kitchen addition (ex~mpl~.' ex~ing: single-family; proposed: same with garage or pool, or other description.) Au orit~.~ignatum and Date 2/05; 1/07 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM R£CE]VED For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor) · ' · 1 APPLICANT /SPON R ' 2. PROJECT NAME ~. PRO~EC~LOCAT,O.: '''~0 // - AZ ~ --. ~ "'~--~ 4. PRECISE LOCATION ($treel a~dtess ~nd road InlersecUons, prominent landmarks, etc., ~ pt~$ mapl / ~ ~ o - /~_ ~ _ /~ /~, / G 5. I$ PROPOSED ACTION: New [:~ E.x~an sion [~Modif mcat Ion/&ll eraUon 6. DESCRIBE PRO~E~ BRIEFLY: / 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND U~E RESTPJCTION$? WH T IS PRE~ENT !.AND USE IN VIC~N~i'Y OF PROJECT? $1dentlal [] Indu=tttal [~ Commercial [::::] AgrlculttJre [] Plrk/Fo~lst/Open Sploe ~ Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? /~NO If ~e$, IISl lg~s) aM penlllUl~l~vll$ Yes 11. DOES ANY ASPECt' OF THE ACTION HAVE A CURRENTLY VALJD PE~41T OR APPROVAL? 12. A~[] AyesRESULT ~oPROPOSED ACTION WILL EXISTING PERMrFIAPPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE la TRUE TO THE BE~T OF MY KNOWLEDGE Signature: 4/'//~ -- SEQR tLS If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with Ihls assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ' ! ~' ~ ..Yes -~ ~o PPEAL D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTARUSRMENT OF A CEA? E IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain briefly PART Ill--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 ts) setting (i.e. urban or rural); Co) probad)illty of occurring; (c) duration; (d) irreversibility; (e) geog[apnic scope; and (f) magnitude. If necesse~'f, aclc~ attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ell relevant adverse impacts have been identified and adequately addressed, If question D of Part II was checked yes, the determination and significance must evaluate the potential impact o! the proposed action on the environmental characteristics of the CFA. [] Check this box if you have identified one or more potentially large or significant adverse lollS,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this cletermlnation: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agriculturaI district OR within 500 feet of a farm operaiion located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 2) Address of Applicant: /c/~O ~ ~'z,'~2 3) Name of Land Owner (if other than applicant): 50-r~'~ t 4) AddreSs of Land Owner: 5) Description ofProposed Project: ~c~- ,~d,~art' /6~ ..~'~t~,~-'r~'~ J 6) Location of Property (road and tax map number): gt/~ ~e~l:~_ ~ /"ff[t~//~ . 7) Is the parcel within an agricultural district? [~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively fanned? ~No []Yes 9:} Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessom Office, Town Hall location f765-1937) 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 numbem may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or/t~g6mn~oard of Appeals at 765-1809. ~ture of Applicant 'Date Note: 1. The local board will solicit comments fi-om the owners of land identified above in ord.' to consider the effect of the proposed acfi6n 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 revk:w of this application. 3. Copies oftbe completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applic~.nt at the time the application is submitted for review. Failure m pay at such time means the application is not complete and cannot be acted upon b) the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED BOARD OF APPEALS The Town of Southold's Code of IRthlc~ omhibits conflicts of interest on the oart of town officers and emolovees. The onronse of this form is to omvide information which can alert the town of onssible conflic/s of interest and allow it to take whatever action ne,,,'e-s.~ .. avoid same. (Last name, first name, middle initial, Unles?~u are applying in thc name of someone else or other entity, such as a cordley. If so, indicate thc other NAME DF APPLICATION: fCheck all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town ofSouthold9 ' ' ' - . Relat onsh~p ncludes by bood, mamage, or business interest. Bus ness intenest" means a business, including a partnership, in which thc town 6ffleer or employee has even a partial ownership of (or employment by) a corporation in which thc town officer or employee owns more than 5% of the shares. YES NO /~} _ you answered YES co nplete the balance of thru form a ~d da e and s~gn where ndicated. 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 than 5% of thc shares of the corporate stock of the applicant {when the applicant is a corporation): B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS ~30ARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-145-2-14,15, & 16 OWNER: Chris & Patricia McCarthy AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals X ( More than 100' from Wetlands) 1. 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: X Variance RECEIVED Nature and extent of action: proposed 12.5' x 11.5' kitchen addition to existinlttOARo OF APPEALS dwelling Location of action:1460 Peconic Bay Boulevard, Laurel Site acreage: improved parcel: 16,288 sq.ft. Merged to lot 15:20,000 sq.ft. And Lot 16:20,000 sq.ft. Present land use: existing house Present zoning classification: r-40 2. 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: Chris & Patricia McCarthy (b) Mailing address: 1460 Peconic Bay Boulevard, Laurel (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any:l Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X 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. X Yes No Not Applicable The existing house and open yard enhances the community character- kitchen addition makes beneficial use of property 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Great Peconic Bay, but addition is more than 100' from wetlands. Addition maintains existing character of the house and neighborhood. NATURAL COAST POLICIES BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria _ Yes No Not Applicable X No effect on flooding or erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable does not affect water resources Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. __Yes No Not Applicable X Does not affect coastal fish Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions.. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. __Yes No Not Applicable X Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Peconic Bay Boulevard is residentially development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No × Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 Town of Southold ; ~ ~ Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM  PROPERTY LOCATION: S.C.TJ~.#: THE FOLLOWING ACTION8 MAY REQUIRE THE SUBMISSION OF A STORM-WATERf GRADING~ DRAII~AGE AND EROsIoN CONTROL PLAN Dlstect S~-t~n a~ck ~t C;~ ~ ~r~=u BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. sCOpE OF WORK - PROPOSED CONSTRUCTION IT,~l# / WORKASSF_~SMF3~ [ Yes No a. What Is the Total Area of the Project Parcels? I Will this Project Retain All Storm-Water Run-Off (Include Total Area of all Parcels located within the Scop~ of Wod( for Proposed Construction) /~/' ~ ~''<:~ Generated by a Two (2') Inch Rainfall on Site? (S.F. I ^c~s) (This item will include all mn-off created by site b. What is the Total Ama of Land Cleadng clearing and/or construction activities as wall as all and/or Ground Disturbance for the proposed .~--~ Site Improvements and the permanent creation of construction activity? impervious surfaces.) (s.F.~.) 2 Does the Site Plan and/or Survey Show AIl Proposed PROVIDE BRIF3F PROJEGT DESGRIPTION (~'m' ~ "-- "-- Drainage Structures indicating Size & Locatfan? This /~/~_ r _-3 item shall include all Proposed Grade Changes and ~'j~ 7/7'~,tJ ~o ....7~( ~'.C-/'v'~. -/t'~'¢ Slopes Controlling Surface Water Flow. /~,~.j.~ "-/ 3 Does the alta Plan andlor Survey describe the ems/on j~_i.~L r_=~l - and sediment control practices that will be used to ~ control site erosion and storm water discharges. This /2. d~ ~<- //. ~--r .~.~[~.~>...) itemmustbemalntainedthroughouttheEntire Construction Period. ~:o //~/~-' ~ 4 Will this Project Require any Land Filling, Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards ~_ of Material within any Parcel? 5 Will this Application Requlra Land Disturbing Activities Encompassing an Area in Excess of Five Thousand~L~ (5,000 S.F.) Square Feet of Ground Surface? -- 6 Is there a Natural Water Course Running through lhe Site? Is this Project within the Trustees jurisdiction General DEC sWPPP Requirements: or within One Hundred (100') feet of a Wetland or Submission of a SWPPP Is required f~ all Conslmctlon aclivitIss involving sell Beach? dIsturbaoces of one (t) or more acres; incledJng dIsturbances of less than one ac~e that 7 Will there be ~Sita preparation on Existing Grade Slopes ~ am parl of a larger comrnon plan that wtll ullimatuly disturb one or more ac~es of lend; which Exceed Fifteen (t5) fest of Veracal Rise fo ! i~cludlng Construction aclk, iaes Involving soll'dlsturbances of less than one (t) acre where One Hundred (100') of Horizontal Distance? L=~J the DEC has determleed that a SPOES permit is required for s~rm water discharges, SWPPP'~ Shall meet the Minimum Requirements of the aPDES General Permit 8 Will Driveways, Parking Areas or other Impervious for Storm Water Olectiargel froal Construction activity - Permit No, GP-~.~ thool .) Surfaces be Sloped to Direct Sform-Watar Run-Off~ t. 3~1e SWPPP shall be prepared prior to the submittal of the NOt. ~ NOt sbeil be into and/or in the direction of a Town right-of-way? submitted to the Depafiment prio~ to the commencement of construction acuity. 2.37re SWPPp shall describe the erosion and sediment control practices and where 9 Will this Project Require Ihe Placement of Matedal, required, Ix~t~onsthlcflon stunn water management practices that will be used and/or Removal of Vegetation and/or the Construction of any STATE OF NEW YORK, /.// C0~UITI'Y OF..z~dMl4Gt~.../~....~ .............. SS _ --'" zM//- t~'~d that he/she is the .................. Owner. Con~-actur, AgenL Corpo~'~ ~:~; ~ j ............................ Owner and/or n~prcsenta6ve of the Owner or Owners, and is duly authorized to perform or have I~rformed the said work and to make and file th~s application; that ail statemenLs conlzined in this applJcadon are true to the best of his knowledge and bdie£; and that the work will be performed in the manner set forth in the application filed herewith. Sworn to befo~ me this; .................. ........ eETS'r'A:'.Ea S ...... /10 Qualified In Suffolk Cou[lly Commission Expires July PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED BOARD OF APPEALS June 26, 2012 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered RE: MCCARTHY; 1460 PECONIC BAY BLVD., LAUREL SCTM: 1000-145-2-14, 15, 16 Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated May 23, 2012 2. Application for Variance 3. Project Description 4. Questionnaire 5. AG Data form 6. Short EAF form 7. Owner's consent 8. Transactional Disclosure for all 9. LWRP form 10. Photos 11. Survey 12. Building plans 13. Town property Cards 14. My clients check representing the filing fee of $1,000.00 Please place this matter on your next available c~en~r. Thank you and please do not hesitate to call should you have any ~est~ns. // Ver~ trp,Iy yours, · C: Mr. & Mrs. C. McCarthy (without enclosur RECEIVED Christopher & Patricia ~hv · ~URRD OF APPEAL 1460 Peconic Bay Boulevth:rt~ S Laurel NY 11958 March 14, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Christopher & Patricia McCarthy, as owners, hereby authorize you to make any and all applications to the Town of Southold Building Department, Zoning Board of Appeals, Suffolk County Department of Health and any other necessary agencies on our behalf regarding property located on 1460 Peconic Bay Boulevard, Laurel New York (sctm: 1000-145-2-14, 15 & 16) Very truly yours, Christopher McCarthy 54375 Main Road Southold, New York 11971 RECE~/ED CERTIFICATE OF OCCUPANCY No: 34933 Date: 5/9/2011 THIS CERTIFIES that the building ADDITION/AUFERATION Location of Property: 1460 GREAT PECONIC BAY BLVD LAUREL, SCTM #: 473889 Sec/Block/Lot: 145.-2-14 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this ofllced dated 7/27/2010 pursuant to which Building Permit No. 35754 dated 8/5/2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: second story addition to an existing one family dwelling as applied for lYer ZBA #6352, dated 4/8/]._0; The certificate is issued to McCarthy, Christopher (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPB.RTMENT office of the Building Inspector Town Hall Southold, N.Y. RECEZVED ~OARD OF APPEALS CERTIFICATE OF OCCUPD/gCY No: Z-31772 Date: 08/25/06 ~IS CERTIFIES that the building ADDITION Location of Property: 1460 GREAT PECONIC BAY BLVD I~%UREL (HOUSE NO.) (STREET) (~AMLET) Coku~ty Tax Map No. 473889 Section 145 Block 2 Lot 14 SuJ~divislon Filed Map No. ___ I~t NO. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 14, 2005 pursuant to which Building Permit No. 31612 Z dated NOVEMBER 17, 2005 was issued, and collforms to all of the recfuirements of thc applicable provisions of the law. The occupancy for which this c~rtificate is issued is HOT TUB & DECK ~tDDITION TO BiN EXISTING SINGLE F~ILY DWELLING AS APPLIED FOR. The certificate is issued to CHRISTOPHER M MCCARTHY (OWNER) of the aforesaid building. ~73FFOLK COIR~!"f DEPART~ENT OF }~TH ;kPPROYAL N/A ~ECTT{ICAL CERTIFICATg{ NO. 2094512 04/11/06 PLUMBERS CERTIFIC-~TION DA'r~ N/A h1' i nature Rev. 1/81 FORM NO. 4 TOWN OF SOUTMOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED BOARD OF APPEALS No~ Z-26878 Date! 01/11/00 THIS CERTIFIES that the building ADDITION Location of Property: 1460 GREAT PECONIC BAY BLVD LAUREL (MOUSE NO.) (STREET) (HAMLET) County Tax Map NO. 473889 Section 145 Block 2 Lot 14 Subdivision Filed Map No. -- Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 4, 1999 pursuant to which Building Permit No. 26180-Z dated NOVEMBER 26, 1999 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 DECK ADDITION TO SINGLE FAMILY DWELLING AS BUILT. The certificate is issued to REGINA M BURNS of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A N/A Autnorize~d 8~ature FORM NO. 4 tOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Ouilding Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No~ Z- 26879 Date: 01/i1/00 THIS CERTIFIES that the building DWELLING Location of Property 1460 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 145 Block 0002 Lot 014 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NL~BER Z- 26879 dated JANUARY 11, 2000 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 ONE FAMILY DWELLING* The certificate is iBsued to REGINA M BURNS of the aforesaid building. (OWNER) SUFFOLK COUNTy DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLbq~BERS CERTIFICATION DATED *PLEASE SEE ATTACNSD INSPECTION REPORT. Rev. 1/81 N/A N/A N/A v-~ut~or~zed S~nature RECEIVED ~OARD OF APPEALS TO~N OF $Olu'£~OLD BUll.DING DEPARTMENT Town Cl~k'~ Offi~ $ou~hold, N. ¥. RECEZVED BOARD OF APPEALS Certificate Of Occupancy THIS CERTIFIES that the building located at IYb0 ~? ~t'~v~: ~ ~i~Otreet Map No ..... ~ .... Block No. --- ...Lot N'o ............ conforms substantially to the Application for Building Permit heretofore filed in tht~ office dated ............. . .~..~...'~., 19...~. pursuant to which Building Permit No. .....~,763... dated ..... i'. ....... .,~.d'...,~..,7., 19.7.~..' was i,~mled, and conforms to all of the require- ments of the applicable provisions of the law. The .occupancy for which this certificate i~ issuedis . ~cc E $~oTe'F The certificate is issued to ,,/d t4 ~-t ~'~ U W tq ~ (owner, ~ of the aforesaid building. Suffolk County Department of Health Approval /(/ /-~ UNDERWRITERS CERTIFICATE No. ,A/. ~r~ . ~ous~. NUMB~.., 4.7.4 g.. S~, .~..*~.7.....~..'.ffT!%.. F~ ?..., .*.~. y..'. ? Bill]fling l~pector 1~413t~ NO. 4 TOWN OF $OUTHOLD BIm.nING DEPART~g~]T T~wn Cl~k'~ OHiee $outhold, N. Y. RECEIVED BOARD OF APPEALS Certificate Of Occupency THIS CERTIFIES that the building located at /9'~ 0 ~7 ~'c~0~ ~,~y Map " No .......-~ ..... Block No. ........ '~-- . .Lot No .................................. conforms substantially to the Application for Building Permit heretofore fried in th~ office dated ............... ~,~...~..~,'?19..7? '~ursuant to which Bui]dl,~ Permit No..7.~. ?..~. merits of the appUcable provisions of the law. The occupancy for which thf~ certificate of the aforesaid building. Suffolk County Department of Healfl~ Approval ....... ./~..'...~.., ..................... UNDm~V~Tn~S C~Rrn~C~T~ No. A/ ~ /// ? ? Butldlng ~ TOWN OF~TROLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 . FAX: (631) 765-9502 www. northfork.net/Southold! . PERMIT NO. Examined ,20 Approved ,20 Disapproved a/¢~.-~"~ Expiration ,20 ~D1NG PERMIT APPLICATION CHECKLIST Do you have or need the follow ng, before applying? Board of Health 4 sets of Building Plans Planning Board approval RECEIVED Contact:trustees BOARD OF APPEALS Phone:-') (.~ ~ - Building Inspector , '"~k ~/"'°/:~fi~'~-' APPLICATION FOR BUILDING PERMIT Oa,e fl :/'4 ,2o/.Z INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to thc Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupency. 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 mont~. Thereafter, a new permit shall be required. APPLICATION IS HEREBy MADE to the Building Department for thc issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit auth¢ '~ In~e~rs~n ~re~e~n~ Jilding for necessary inspections. · MAY 16 2012 [U ~ature of appEcant or name, ifa corporation) TOWN OF SOUTNOtD (Mailing address of appllcant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises Q~(~"~sh~-' ~ /)f3cq'-~t (.t,q J~c ~.r~q~/ (As on the tax roll or latest deed) L If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location &land on which proposed work wiJI be done: House Number Street Hamlet County T~ Map No. 1000 Section )¢~ Block Subdivision Filed Map No. ~m~) 2. State existing use and occupancy of premis~o and intended use and occupancy of prop°sed c°nstre°n: a. Existing use and occupancy ~. 1;~. ~. b, Intended use and occupaney/~/t'4-} ~,-'~O · 3. Nature of work (check which applicable): New Building Addition ~'~ Alteration Repair Removal Demolition Ot~er Work 4. Estimated Cost Fee 5. If dXyelling, numbar of dwelling units If ga?age, number of cars 6. if business, commemial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entira new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front. Rear .Depth (Description) (To be paid on filing this application) Number of dwelling units on each floor Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES __ NO 14. Names of Owner of premises Name of Architect Name of Contractor NO Will excess ifil be removed from premises? YES NO Address Phone No.. Address. Phone No. Address Phone No. 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. STATE OF NEW YORK) SS: C(~TY OF~q F.~c') \--~_~t. ¢ t k C~ t'--t ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)Ueisthe O~,~p-d'~3r~ ~ O.~ /C~r'O.O_~.. , ' (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 matmer set forth in the application filed therewith. Sworn to before me this I t~/~ day of ~ 20 / ~.-5 ~1~/~1~-'''''~ SignatureofApplicant No. 01PE613063~ TOWN Oi: SOUTHOLD PROPERTYRECORDCARD t~ - ~ ~/~* ~ - i~ C~WNER STRZ~r t~,;¢/) WLb~GE D,ST. SU~. ~, ..... ~....-. A....~:, d~k~ ~. ~ ' ' S~S. VL FARM CO~. CB, MICS.Mkt. Value ' ND IMP. TOTAL DATE RE~RKS . .i / i.. .. ' '~ , . ~ - ~ ,. , ~,~ 3'~, . .~ , ? ,, ~ ~; ,~,,,~ ,. ., · x~o 7o~0~ g~oa / ~z ~ ~-/- -,~' -- (A/~T f/!~ - ~,- ~,' ~;;f N~ NORMAL ,,I BELOW ABOVE 'illabIe FRONTAGE ON WATER 7o~land FRONTAGE ON ROAD ~o~d DEPTHz OLOR 145.-2-14 2/06 ~. Bldg/ ~teneion ~el~sion ~tension =rch reezewoy ~rage oral :oundation E'~t. Walls JFi~e Place Roof Room Bath Floors /%r'¢ L IntkriOr Fihish Heat Rooms 1st Floor Rooms 2nd Floor :Driveway 1: ~} ¢.L 4r Dinette f. BR. FI~. B TOWN OF SOUTHOLD PROPERTY RECORD CARD /~ ~z.~ OWNER STREET . /~c~- VILLAGE DIST SUB. LOT /' .EOR/VtER OWNER ' N ' , ET~ / ~n';:~.~n~ ~.,~-/A~ ~j S W ~PE OF BUILDING ~. ~S~S.~ ~ ~..~.'// FAR~ CO~. CB. MICS. Mk,. Value ID IMP. TOTAL · DATE RE~RKS. .. .GE BUILDING CONDITION . N~ NORMAL BELOW ABOVE .... 'illoble FRONTAGE ON WATER ~/(' /o~lond FRONTAGE ON ROAD ~eadowl~d DEPTH . louse Plot BULKH~D oral DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET //~7~'~ ~/_7/ VILLAGE DIST. SUB. LOT · FO~MER OWNER _.~ N ~,J~hPt d'. ~1~,(~; E l' ACR. qD , IMP. TOTAL DATE RE~RKS ,GE BUILDING CONDITION NEW NO~L BELOW ABOVE '~ FA~ Acr~ Value P~r V~lu~ Villable FRONTAGE ON WATER ~eadowta,nd DEPTH ~ r~. ¢~ ~9 , ~; ' ~ouse Plot BULKH~D Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~xlin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2010 ZBA FILE # 6352 NAME OF APPLICANT: Christopher M. McCarthy and Patricia F. McCarthy PROPERTY LOCATION: 1460 Peconic Bay Blvd., Laurel, NY SCTM #'s 1000-145-02-14,15,& 16 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 Adminis~'ative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 15, 2009 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: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from LWRP coastal consistency review requirements pursuant to {}268-3. PROPERTY FACTS/DESCRIPTION: The subject property is a 56,288 square foot parcel consisting of 3 Lots as shown on the Survey prepared by Nathan Taft Corwin III, L.S. prepared July 15, 2009. The 3 Lots have merged as per Code Section 280-10. The property is improved with a 2-1/2 and 1 story frame house with attached garage. The property has 103.27 feet of frontage along Peconic Bay Blvd. BASIS OF APPLICATION: Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's November 6, 2009 Notice of Disapproval concerning proposed construction of a second floor addition to a single family dwelling, (1) less than the code required front yard setback of 50 feet, (2) less than the code required side yard setback of 15 feet, at 1460 Peconic Bay Blvd., Laurel, NY. CTM: 145-2-14, 15, 16. Zone R-40. RELIEF REQUESTED: The applicant requests a variance to maintain a preexisting side yard of 13.1 feet for a proposed second floor expansion over a preexisting attached garage and a variance to maintain a front yard setback of 20. I feet to a front porch as shown on a survey prepared by Nathan Taft Corwin III, L.S. dated July 15, 2009 submitted with this appeal application. ADDITIONAL iNFORMATION: The preexisting dwelling's Lot (14) merged with adjacent Lots (15 and 16) as per Code Section 280-10 under the ownership of the previous owner(s), not the applicant(s) of this appeal. Page 2- April 8, 2010 ZBA File#6352 - McCaghy t CTM: 1000-145-2-14,15,16 at 1460 Pe¢oni¢ Bay Blvd., Lan~d~, NY FINDINGS OF FACT/REASONS FOR BOARD ACTION: RECEIVED . , BOARD OFAPPEALS The Zoning Board of Appeals held a public hearing on this application on February 25, 2010, ar wmennmewr~rten and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: I. Town Law §267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed expansion of the second floor of the applicant's residence over the preexisting attached garage footprint will create an additional bedroom with the same exterior architectural style as the preexisting dwelling, which is consistent with the character of the neighborhood. The proposed addition will improve the appearance of the dwelling and does not pose a detriment to nearby properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The preexisting location of the attached garage's footprint affords the applicant the only location for a proposed second floor expansion utilizing the preexisting dwelling's footprint. A portion of the preexisting attached garage's footprint is non-conforming, thus requiring a variance for the proposed construction. 3. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The applicant requests a 1.9 foot (12.7%) variance from the code required 15 foot side yard setback, which is not mathematically substantial. The applicant proposes to maintain the preexisting nonconforming front yard and side yard setbacks. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. A portion of the preexisting attached garage's footprint is non-conforming due to the preexisting dwelling's Lot (14) merger with adjacent Lots (15 and 16) as per Code Section 280-10. This lot merger increases the preexisting dwelling's Lot Area, which consequently increases the Code required front, rear and side yard setbacks creating the present non-conformities. 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 additional second floor bedroom, 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 variance as applied for, and shown on the Survey prepared July 15, 2009 by Nathan Taft Corwin IH, and Architectural Plans, dated received by the Board of Appeals Nov. 13, 2009, dated April 2009, Sheets 1 and 2 prepared by Charles M. Thomas, R.A., submitted with this application. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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- April 8, 20 0 ZBA Fi1¢#6352 - McCarihy t CTM: 1000-145-2.14,15,16 at 1460 Pceonic Bay Blvd., L'~'I, NY The Board reserves the right to substitute a similar design that is de minimis in nature for an altera~g~l~a~t~o~ePsPn~o~}I'$ increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Goehringer, Schneider, Weisman (Chairperson). Absent was: Member Homing This Resolution was duly ad/9~ted (~-0/). / Leslie Kanes Weism.a~, Chairperson Approved for filing/""/ /j/'72010 / 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 July 9, 2012 Zoning Appeal No. 6582 Transmitted herewith is Zoning Appeals No. 6582 of Patricia C. Moore for Christopher & Patricia McCarthy- thc Application to thc 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, Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form, Cover Letter from Patricia Moore Dated June 26, 2012, Authorization Letter from Christopher & Patricia McCarthy to Patricia Moore, Notice of Disapproval from Building Department Dated May 23, 2012, Copy of Application for Building Permit Dated May 14, 2012 (Both Sides), Copy of Certificate of Occupancy No. 34933 for Second Story Addition Dated May 9, 2011, Copy of Certificate of Occupancy No Z-31772 for Hot Tub & Deck Dated August 25, 2006, Copy of Certificate of Occupancy No. Z-26878 for Deck Addition Dated January 11, 2000, Copy of Pre Existing Certificate of Occupancy No. Z-26879 for One Family Dwelling Dated January 11, 2000, Copy of Certificate of Occupancy No. Z6347 for Accessory Building Dated March 6, 1975, Copy of Certificate of Occupancy No. Z6348 for One Family Dwelling with Addition Dated March 6, 1975, Three Pages of Photos of Staked Area for Addition, Three Pages of Property Record Card (One Both Sides), Three Pages of Findings & Determination for ZBA #6352 Dated April 8, 2010, Copy of Survey of Property Showing Existing & Proposed Construction Dated June 6, 2012 Prepared by Nathan Taft Corwin III Land Surveyor, Two Pages of Architect Plans Showing Elevations and Foundation Plans Prepared by Charles M. Thomas Architect. Oown of Southold P.O Box 1179 Southold, NY 11971 Date: 07/05/12 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt~: 138238 Reference Subtotal 6582 $1,000.00 Check#: 4034 Total Paid: $1,000.00 Name: Mccarthy, Christopher M 1460 Peconic Bay Blvd Laurel, NY 11948 Clerk ID: CAROLH Internal ID: 6582 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, 2012: 11:50 A.M. CHRISTOPHER M. McCARTHY & PATRICIA F. McCARTHY #6589 Request for Variances from Article IV Code Section 280-18, based on an application for building permit and the Building Inspector's May 23, 2012 Notice of Disapproval concerning proposed construction of an addition to a single family dwelling at, (t) 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: t45-2-14, 15, 16 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.n¥.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 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.north fork.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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, 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 Mailin.q (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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MCCARTHY, CHRIS # 6582 SCTM #-. 10o0-145-2-14,t5,1(o VARIANCE: SETBACK REQUEST: ADDITION DATE: THURS., AUG. 2, 2012 11:50AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th dayof July, 2012. ,'~'~'¢'6'r"~]'// ~~'4~'~' J 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, pe~ suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Fown of Southold, the following public bearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, E©. Bo× 1179, Southnld, New York 11971-0959, on THURSDAY AUGUST 2. 2012: Carryover Hearings, continued from phor meetings and pending additional in formation: 5,1012 (adj, to Great Peconic Bay) Cutchogue, NY. SCrM#1000-1164-20.1 g6580 - Request for Variance from Article III Code Section 280-15 and the Build- ing Inspector's May 2l, 2012 Notice of Disapproval based on an application for building permit for an "as built" acces- sory in-ground swimming pool at: 1) 'as buQt' in-ground swinuning pool is located in a location other than the code required rear yard, located at: 8555 Main Bayview Southold, NY SCTM#1000-78-9~18 11:30 A.M.- VINCENT and EILEEN FLAHE~ - Request for Vari- ances from Article XXII Code Section 280-116 and Article lI1 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 Fairhaven Inlet,The ln- let and little Peconic Bay) Southold, NY. SCTM#1000-92-1-8 11'.50 A.IVL CHRIS"II)PlIER M. 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Quallflecl In Suffolk Courtly My Comrallllon Expge$ February 28, 20~6 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHRISTOPHER & PATRICIA MCCARTHY (Name of Applicant) CTM Parcel #1000-2-14, 15 & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the I (,0 day of July, 2012 I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of July, 2012 ! (No{~ry Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County / ._...- Commission Expires June 3, ;;;;). O .5 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. RECEIPT' 7192 6463 311o oool 25ol FROM: Moore Law Offices RE: mccarthy zba heanng FROM: Moore Law Offices RE: mccarthy zba hearin9 SENDTO: STUART V WHALEN ANNE F WHALEN 22 ST JAMES PLACE ROCKVILL~ENTER NY 11570 RECEIPT 7192 6483 3110 0o01 2525 FROM: Moore Law Offices RE; mccarthy zba hearing FEE~ ORECEIPT 6463 3110 0001 2532 FROM: SEND TO: FRANK ZAGARINO REV TRUST 200 S OAKWOOO ROAD LAURELNY11948 FEES: E 045 295 35 RECEIPT 7192 6463 3110 0001 2549 FROM: Moore Law Offices RE mccarthy zba hearing RECEIPT 7192 6463 3110 0001 2556 FROM: Moore Law Offices RE mccarthy zba hearing RECEIPT 7192 6463 3110 00Ol 2594 FROM: MOore Law Offices RE mccarthy zba hearin9 RECEIPT 7192 6~63 311 o o001 2587 FROM: Moore Law Offices RE: mccar[hy zba hearing SEND TO; GREGORY ~ 34 DURLAND ROAD LYNBROOK NY 11~ FEES: SEND TO: SEND TO: CIO ~ 605( FE SEND TO: Return eipt Restrict~ ESTS PROPERTY 045 295 235 RECEIPT FROM: RECEIPT 7192 6463 3110 0OOl 2570 FROM: SEND TO: THOMAS V PERILLO JR & OTHFI; M~L~ILLE NY 11V~7 $ ~.75 SEND TO: ~'HOMAS V pERILLI ~ & OTHEB 87 OLD OOdf~T R~ R D MELV(LL ~E NY 1 ?47 FEES:~ MOORE LAW ~ICES 51020 MAIN VAD SOUTHOLD NY~11971 City MOORE LAW OFFICES 51020 MAIN ROAD SOUTHO~D NY 11971 7192 6463 3110 0001 2570 Article Addressed TO: THOMAS V. PERILLO JR & OTHERS 87 OLD COUNTRY ROAD MELVILLE NY 11747 r4.Restricted Delivery? 13. Service Type ' (Extra Fee) [] YesI CERTIFIED 2. Article Number 7192 6463 3110 0001 2549 7192 6463 3110 0001 2549 Article Addressed To: GREGORY & LYNN BAUMGARTEN 34 DURLAND ROAD LYNBROOK NY 11563 Delivery Address MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY~11971 City State ZIP + 4 Code Zip + 4 Code 7192 6463 3110 0001 2563 Article Addressed To: THOMAS V. PERILLO JR & OTHERS 87 OLD COUNTRY ROAD MELVILLE NY 11747 MCCARTHY # 6582 NEIGHBOR LIST SCTM: 1000-145014, 15, & 16 MARC & REG1NA MEHALAKES 1475 PECONIC BAY BLVD. LAUREL NY 11948 SCTM: 1000-145-1-2 STUART V. WHALEN ANNE F.WHALEN 22 ST JAMES PLACE ROCKVILLE CENTER NY 11570 SCTM: 1000-145-3-1 LAUREL PROPERTY TRUST C/O KENNETH CHILDS 605 OLD DUTCH ROAD BEDMINSTER NJ 07921 SCTM: 1000-145-3-6 LAURELWOOD ESTS. PROPERTY OWNERS ASSOC. PO BOX 505 LAUREL NY 11948 SCTM: 1000-145-2-18 VINCENT FALCO 130 S. OAKWOOD DRIVE LAUREL NY 11948 SCTM: 1000-145-3-2.2 FRANK ZAGAR1NO REV. TRUST 200 S. OAKWOOD ROAD LAUREL NY 11948 SCTM: 1000-145-3-3.1 THOMAS V. PERILLO JR & OTHERS 87 OLD COUNTRY ROAD MELVILLE NY 11747 SCTM: 1000-145-2-17.1 THOMAS V. PERILLO JR & OTHERS 87 OLD COUNTRY ROAD MELVILLE NY 11747 SCTM: 1000-145-2-17.2 GREGORY & LYNN BAUMGARTEN 34 DURLAND ROAD LYNBROOK NY 11563 SCTM: 1000-145-3-4.3 STUMPF LIVING TRUST 410 S. OAKWOOD DRIVE LAUREL NY 11948 SCTM: 1000-145-3-5 MOORE LAW OF~i~ 51020 MAIN;~ SOUTROLD~N~'I~971 4. Restricted De' ery? I 3. Service Type (Extra Fee) D~S CERTIFIED 12~ Article Number 7192 6463 3110 0001 2532 7192 6463 3110 0001 2532 C. Date of Secondary Apt I Floor (Please Print Clearly) t. Article Addressed To: FRANK ZAGARINO REV. TRUST 200 S- ~AKWOOD ROAD LAUREL NY 11948 MOORE LAW OriFICES 51020 MAIN ROAD SOUTHO.LD NY~11971 3Agent) B. Received By: (Ple~zs~ Print, p/early) C. Date of Delive~ D.Addressee~s Add 7192 6463 3110 0001 2518 Article Addressed To: STUART V. WHALEN ANNE F.WHALEN 22 ST JAMES PLACE ROCKVILLE CENTER NY 11570 MOORE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY'11971 3~ceived By: (Please Print ~ear~y) ~-- C. Date of Delivery '7- 1 D.Addressee's Address I~?D~'?e,~nfFmmAdd~UsedbySende~ 7192 6463 3110 0001 2556 I. Article Addressed To: STUMPF LIVING TRUST 410 S. OAKWOOD DRIVE LAUREL NY 11948 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CHRISTOPHER & PATRICIA MCCARTHY #6582 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-145-2-14, 15, & 16 COUNTY OF SUFFOLK) STATE OF NEW YORK) , residing at ~ C,.~ <P\c~u~, ~.%~.t~t~ ~-- ,b-~ ~-~ being duly sworn, depose and say that: On th~/'-/day of July, 2012, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 2, 2012 Sworn to before me this ~~j)~ , ~~~day of July' 2012 ~lo-ta ~y~____~ lic Commission El~i~le ~llf I~=~ *near the entrance or driveway entrance of the property, as the area most visible to passersby, LAW OFFICES 51020 M~N~ROAD SOUTHOLD NY'11971 7192 6463 3110 0001 2594 1. Article Addressed To: LAUREL PROPERTY TRUST KENNETH CHILDS =05 OLD DUTCH ROAD BEDMINSTER NJ 07921 MOORE LAW OFFICES 4. Restricted Deli¥ rvice Type 51020 MAIN ROAD (ExtraFee) ~]Yes I CERTIFIED SOUTHOLD NY 11971 2. Article Number I 7192 6463 3110 0001 IIII I11 Illlllll IIIIIIIll I III 7192 6463 3110 0001 2587 C. Date of DeliveP/ 1. Article Addressed To: D.Addressee'sAddressF?~i~re,tFrOr~dr~'u~e~bySe.d~d LAURELWOOD ESTS/ PROPERTY \ I OWNERS A~i~/ .... ~- '~ I. PO BOX ~ ' .,-, \\~\ "~;,~'~Tx~a~"i'~,i~'rxf, c~'~i;,~';'i;~;~"~;~r~.~;~ LAUREL N..~!~48~,~,~"~ t~ 't, "' MOORE LAW OFFICE~ I4. Restricted Delivery? la. sg.ioe myr~ ~1~, 51020 MAIN ROAD I ,',,,,,e., [~Yes CERTIFIED SOUTHOLD NY 11971 . . I I .~"~,J.~ J ~. Ar[JcJe Number 7192 6463 311a oa01 2525 IIIJI JlJ IIII IIIIIIIIIIIIIIIIIIllllll 7192 6463 3t10 0001 2525 1. Article Addressed To: VINCENT FALCO 130 S. OAKWOOD DRIVE LAUREL NY 11948 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 28,2012 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 # 6582 Owner/Applicant: MCCARTHY, Christopher Action Requested: Addition to single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesli K~. ~ei§man Encls. By: BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 17, 2012 Christopher McCarthy 58 Crescent Place Short Hills, NJ 07078 RE: ZBA Application #6582 Dear Mr. McCarthy: 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. Sincerely~-,x Vicki Toth Encl. Cc: Building Dept. z 0 ~ 0 ~ ~ >- C~z -- ~NDOW DETAILS F R O N T E L E V A T I D'N ~ _ < 0 o Z ~ 0 ~'-6;~" TYPICAL ROOF CONS"RUCTION J A~PHALT SHINGLE ROO,~NO ,<~ ~ O~ ,,15~ ROOF FELT 0N 1~~ CDX P ~O ~EA~ING. ~ L EILING C NSTRUCTION , ~ / T': CAL ROOF CONSTRUCTION ,, . ~'"x m" CEILIN~ ~OIS~ · ~" 0,~, ~ ~ ~ ~ ~ J .ASPH.TSHJNO~R~NO~ ~ XIO RIIgEBEA4 W/R-3~BA~,INSU~D~ ~ ~ / O~ ' ~ ROOF FELT ~ ~/2 ODX PL~OD SHEA~ING. ~ ~ ~ ~ ~ 2"X8' RO~ RAF~RS 0 16' O.C. J t J J~J TYPI ] - ~1 qG C~hIqTpH~*'~ . . ~~ ~ H,~ TYPICAL FLOOR CONSTRUCTH)N R I G H T S I D E E L E V A T I O N ~--' SCALE: 1/4" = 1'-0" I I '~' CAL ROOF CONSTRUCT~ION ~ ASPHALT SHINGLE ROOFINO ~ /-2" X I0" RIIGE OVia~, ROOF FELT ON 1/2" CDX PLYAOOD SHEA1HING. ~ ~ go80 O.h, DOOR 2-14" ML HEADER EXISTINO GARAGE II II 9080 O.H, DOOR EXISTING EXISTING FAMILy ROOM EXISTING BATH U EXISTING DINING ROOM 12'-0" --6" PANTRy EXISTING EXISTING REC. ROOM UP REF, UP uP EXISTING LIVING 'ROOM FOYER ADDITION II PROPOSED [] [] [] [] FIRST FLOOR PLAN SCALE', 1/4" = 1'-0" RECEtVE0 gUN ;~ 7 Zot~ ~OARD OF AgaPl~ALf~ z 0 0 o CN L~ >-~ Z >. a-O < O ,<2> n m h .C r- o SHEET NO. 2 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITRCT AND ~EIR USE AND PUBLICATION SHALL BE RESTRICTED TO TNE ORIGINAL SITE FOR WHICH TREY WERE PREPARED, REUSE, REPRODUCtiON OR*PUBLICA~N BY ANY ME?HOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WHIT%N PERMISSION PROM THE ARCHITECT, RILE TO THESE PLANS SHALL REMAIN WITH THE ARCHIPEOT, VISUAL CONTACT WlfH THEM SHALL CONS~TUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICtiONS.