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Home My WebLink About6587 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971 ~0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 20, 2012 $outhold Tom ZBA FILE: 6587 NAME OF APPLICANT: Margaret M. Gannon SCTM 1000-145-4-18 PROPERTY LOCATION: 350 MacDonalds Crossing (adj. to Peconinc Bay) Laurel, NY 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 August 14, 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 Applicant's property is an 11,747 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 75 12. along MacDonald's Crossing ROW. The easterly lot line measures 158.08 ft along an adjacent parcel. The southerly lot line measures 72.42 ft. along Peconic Bay. The westerly lot line measures 165.47 ft. along another adjacent parcel. The property is improved with a single family dwelling, a detached garage, and "as built" shed, as shown on the survey drawn by Nathan Taft Corwin Ili, Land Surveyor, dated Oct. 13,2011, and revised June 22, 2012 to show the proposed additions. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15(F) and Article XXIII Section 280-124, and the Building Inspector's July 10, 2012 Notice of Disapproval based on an application for building permit to construct garage addition with two bedrooms above and "as built" accessory shed at: 1) In the case of waterfront properties accessory buildings may be located in the front yard, provided that such accessory meets the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard, 2) lot coverage of more than the code permitted 20%. RELIEF REQUESTED. The Applicant requests a variance to retain a 67.24 sq. ft. "as built" accessory shed to be located in a nonconforming side yard area, rather than in the Code required rear yard. The Applicant also requests a variance to increase the existing 22% lot coverage to 24.3%, where 20% is permitted by code, by constructing a proposed two story 26ft x 24ft.garage/two bedrooms addition, with a proposed attached 18ft x 4ft. "shed". ADDITIONAL INFORMATION: The Applicant proposes to demolish an existing 428 sq. ft. detached garage located in the front yard, at a non-conforming setback of 28.9 feet, and construct a new attached 624 sq. ft. two story garage addition, with a 72 sq. ft. attached shed, and thereby establish a new conforming front yard setback of Page 2 of 3 - September 20, 2012 ZBA File#6587 - Gannon CTM: 1000-145-4-18 50.8 feet. The Applicant was asked about the feasibility of moving the existing shed to a conforming location. The Applicant stated that the shed was "situated in the only logical location on the property, and meets the required side yard setback minimum." FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 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 tree and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Gratu of the variance for the "as built" 8.2ftx8.2ft shed located in a non- conforming side yard area will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the small structure is situated close to one side of the single family dwelling, has a +10ft setback from the lot line, and is well screened from the neighboring property. Gratu of the variance for the proposed lot coverage of 24.3% will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the Applicant is removing a detached garage located with a non-conforming front yard setback, and constructing an attached garage/bedroom addition with a conforming front yard setback. The proposed new lot coverage of 24.3% does not exceed the lot coverage characteristic of other existing, similar non-conforming size parcels. 2. Town Law §267-b(3)(b)(2). The benefit sought by the Applicant to locate the "as built" shed in a side yard cannot be achieved by some method, feasible for the Applicant to pursue, other than an area variance. The Applicant can not relocate the shed to a conforming area without a significant hardship, and also still retain such a practical location as where it currently exists. The benefit sought by the Applicant to construct a garage/bedroom addition that exceeds allowed lot coverage cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant's parcel has existing lot coverage of 22%, which is already greater than what is allowed by Code, therefore any additional construction will also exceed allowable lot coverage. 3. Town Law §267-b(3){b)(3). The variance granted herein for the "as built" shed to be located in a side yard is mathematically substantial, representing 100% relief from the code. However, the existing 8.2ft x 8.2ft.shed is small and well screened from the neighboring property. The variance granted herein for the 24.3% lot coverage is not mathematically substantial, representing a 21.5% increase in lot coverage from the 20% allowed by Code, and a 10% relief from the existing 22% lot coverage. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The 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 "as built" shed located in a side yard, and a newly constructed attached garage/bedroom 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 Homing, seconded by Member Goehringer, Acting Chairperson, and duly carried, to Page 3 of 3 September 20, 2012 ZBA File#6587 - Gammon C~[M: 1000-145-4-18 GRANT, the variances as applied for, and shown on the survey drawn by Nathan Taft Corwin III, Land Surveyor, dated Oct. 13,2011, and revised June 22, 2012 to show the proposed additions. CONDITION: 1. The existing shed shall not be replaced in the same location anytime in the future. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in lhis 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. 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. Fore of the Board: Ayes' Members Acting Chairperson Goehringer, Dinizio, Homing. Absent was Chairperson Weisman and Member Schneider. This Resolution was duly adopted (3-0~ NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~o EXISTING CONTOUR LINES ARE SHOWN THUS: EXISTING LOT COVERAGE DESCRIPTION AREA % LOT COVERAG EXIST HOUSE 1,448 sq. ft. 12,3% EXIST SCREENED PORCH 218 sq. ft. 1.9% EXIST. DECK & WALK 429 sq ft EXIST GARAGE 428 sq. ft. 5.6% EXIST SHED 67 sq, ft. 0.6% TOTAL EXISTING 2.590 sq. ft. 22.0% PROPOSED LOT COVERAGE DESCRIPTION AREA % LOT COVERAGE EXLST. HOUSE 1,448 sq. ft. 12,3% EXIST SCREENED PORCH 218 sq ft. 1.9% EXIST. DECK & WALK 429 sq. fi, 3.6% EXIST GARAGE 428 sq ft. 3.6% I EXIST. SHED 67 sq. ft, 0.6% PROPOSED ADDITION 624 sq ft 5.3% PROPOSED SHED 72 sq. ft. 0.6% TOTAL PROPOSED 2,858 sq ft. 24,3% X \\ > JUL. ~, 4 t0il BOARD OF APPEALS SURVEY OF ,or s P/o MAP OF EDGEMERA PARK FILE No. 742 FILED JULY 2, 1931 SITUATE LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-145-04-18 SCALE 1"=20' OCTOBER 13, 2011 JUNE 22, 2012 ADDED PROPOSED ADDITIONS AREA = 11,747 sq. ft. (TO BULKHEAD) 0.270 ac. : REV" BY ZBA iSEF ~Er SION # . pr--. _/ ,I _ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS iNDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTi- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE or RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR T~LE SURVEYS AS ESTABLISHED BY THE L. LA, L.S, AND APPROVED ~ND ADOPTED FOR SUCH USE BY THE NEW YOI~K 6TATE LAND TITLE ASSOCiATiON, N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr, L.S. Joseph A. Ingegno L.S, Title Surveys -- Subdivisions -- Site Plons - Construction Layout PHONE (651)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 31-185A COUNTY OF SUFFOLK Steven Bellone SUFFOLK (X)UNTY EXECU IIX, E Department of Economic Development and Planning Joanne Minieri eputy County Executive and Commissioner RECEIVED AUG ! 6OARD OF APPEALS Division of Planning and Environment Augustl4,2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal File Number Gannon, Margaret Schultz, David Mill Creek Partners, LLC Frausto, Mary (c/o Peter D. Heard) 6587 6588 6589 6590 Very truly yours, TRK:mc Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORfAL HWY, 4th FI · P.O. BOX 6~00 · HAUPPAUGE, NY IJ788~099 · (63t) 853-5t9~ FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVE JUL 2 4 2012 BOARD OF APPEALS DATE: July 10, 2012 TO: Margaret M. Gannon c/o James E. Fitzgerald P.O. Box 617 Cutchogue, NY 11935 Please take notice that your application dated June 29, 2012: For permit to construct garage addition with two bedrooms above to existing single family dwelling and "as built" accessory shed at: · . y Location of property 350 MacDonald s Crossing Laurel, N County Tax Map No. 1000 - Section 145 Block 4_ Lot 18 Is returned herewith and disapproved on the following grounds: The "as built" accessory shed on this non-conformin~ waterfront lot consisting of 11,747 sq. ft. in the residential R-40 District is not permitted. Pursuant to Article III, Section 280-15 (F), "accessory buildings; on lots 10,000-19,999 shall be located in the required rear yard and in the case of waterfront properties, accessory buildings may be located in the front lard, provided they meet the front yard principal setback..." Survey shows "as built" accessory shed located in the side yard. Additionally, the proposed addition in not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, lots covtaining less than 20,000 sq. ft. are permitted a maximum lot coverage of 20%. After construction the lot coverage will be 24.3%. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee:$ Filed By: Assignment No. RECEIVED JUL ,~ 4 201Z uu~u OFl APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No, 350 Street MacDonald's Crossing Hamlet Laurel SCTM~000S~tio. 145 Block4 Lot(s) 18 LotSi~ 1 1747sf Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Margaret Gannon ~iang Addr~: PO BOX 1625, Mattituck, NY 11952 Telephone: 298-8721 Fax: Email: 476peggy@gmail.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: James E. Fitzgerald, Jr..for~-~)wne~Other: PO Box 617, Cutchogue, NY 11935 Address: 734-5800 Telephone: Fax: 734-7463 Email: jefitzge@suffolk.lib.ny.us Please check to specify who yotL~i~ con-espondence to be mailed to, frqta.t]le above names: ~Applicant/Owner(s), ~]nuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~o/~3~0~ and DENIED AN APPLICATION DATED ~a0~ 2 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Sub~.ction of Zoning Ordinance by numbers. Do not quote the code.) Article: III and XXIII S~etion: 280-15(F) and 280-124 Subsection: Type of Appeal. Au Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section [--~Reversal or Other A prior appeal[] has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) ~ RECEIVED m NameofOwner: File# ,JU~_ ~ 4 ~L']!~ t REASONS FOR APPEAL (additional sheet~ mar be used with preparer's .¥~glHttlll'C)i BOARD OF APPEALS .,IRE.,! I i IRL, LgrLTz RIz'~ISO,'VS: (I) An undesirable change will not be prodnced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE A'I-rACHED PAGE. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance ~*ill NOT have an adverse efl~ct 02' in]pact on the physical 02' environmental conditions in the neighborhood or district because: (5) }las the alleged difficulty been self-created? l--lYes, or Are there Coveaants and Restrictions concerning this land: ["--INo.~]Yes (please [hrnish This is the MINIMUM that is necessar3 ami adequate, and at the same time preserve and protect the character of the neighborhood and lhe health, sal~W and welfare of the cummunity. S~orn 1o befo~ne CAROL HYDELL NOTARY PUBLIC - STATE OF NE'W YO~ NO. 0'/HY6'18969~ QUALIFIED IN SUFFOLK COUNT~.,-, COMMISSION EXPIRES REASONS FOR AREA VARIANCE: Applican~ Ma~i~tL~l~[aBnon~ 1. An undesirable change will NOT be produced in the character oft~i~ riment to nearby properties, if granted BECAUSE: The proposed addition has been carefully designed to reflect the style of the existing dwelling, and to continue to compare favorably with its proportions and those of the buildings in the neighborhood. The front yard setback is increased from 28.9' to 50.8; contributing to the feeling of openness in spite of the relatively modest increase in height of the addition. The "as-built" accessory shed is presently situated in the only logical location on the property, and meets the required side yard setback minimum. 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 footprint of the proposed addition derives from the minimized dimensions required for the two-car garage with the attached storage shed. The second floor of the addition will provide additional living space. The addition adds significant esthetic appeal to the existing design which, in its day, focused entirely upon the seaward side of the structure leaving the existing front, which faces the road, significantly less desirable than the pro- posed plan. 3. The amount of relief requested is not substantial BECAUSE: The actual dimensions and volume of the proposed construction which contribute to the non-conformity are small and will be barely noticeable from the street, when considered together with the removal of the existing detached garage, mainly because of the increase in front yard setbacl~ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: Although the appearance of the existing house will be changed significantly, the com- pleted renovation is appropriate to both the immediate neighborhood and the Town as a whole and will not have any effect at ali upon the physical or environmental conditions in the neighborhood. Has the alleged difficulty been self-created? ( ) Yes (x) No 6. Are there covenants and restrictions concerning this land? ( ) Yes, information is attached (X)No 7. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the chamcter of the neighborhood and the health, safety and welfare of the commu- nity. STATE OF NEW YORK) ~-~ ~ d~,.._._._ ~ Sworn to before me this ......l ......... day of....~ ...... ,2012. Notary hO. 0'lfff$189698 QUAI.IFIED IN SUFFOLK COIJNT~ .~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Margaret Gannon Date Prepared: 7/15/12 1. For Demolition of Existing Building Areas Please describe areas being removed: One story wood frame detachod garage, approx 18' x 25' 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 24' x 26' Dimensions of new second floor: 24' x 26' Dimensions of floor above second level: N/^ Height (from finished ground to top ofridge)~8' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A IlL Proposed Construction Description (Alterations or Structural Changes) (aUach extra sheet if neeessmy) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Existing dwelling is one floor;, footprint will remain unchanged. Number of Floors and Changes WITH Alterations: The expanded area will include a two-car garage on the first floor (ground lever) and Iwo bedrooms, a sitting area and a bath on the second floor. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2590 Proposed increase of building coverage: Square footage of your lot: f1747 Pemantage of coverage of your lot by building area: Exi~ng: 2590; Propoaed: 2858 V. Purpose of New Construction: It will provide sorely needed additional living space. 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): The land is relatively fiat, sloping slightly upward toward the south, and the Bay, with a total change in elevation of about 4 feet. It is a small, ordinary residential plot, without any unusual features except that it is waterfront. 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 RECEIVED BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ls the subject premises listed on the real estate market for sale? Yes )q No Are them any proposals to change or alter land contours? ~ No Yes please explain on attached sheet. 1 .) Am 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, yaded between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, hay%you contacted the Office of the Town trustees for its determination ofjurisdic~on?~Pl .ease tonfirm s~tus of your inquiry or application with the Trustees: ~'~,~F~ ~ f~)l ~ and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near ~e_area of proposed construction at or below five feet above mean sea level? PS~ Are there any patios, concrete barriers, bulkhead.stor fences that exist that are not shown on the survey that you are submitting? ~0 Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have. ~ny construction taking place at this time concerning your premises? P/O If yes, please submit a copy of your building pe~it and survey as approved by the Building Department and please describe: ~tt/l~t Please attach all pre-certificates of occopancy and certificates of occupancy for the subject premises, lfany are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel?_t~o~ If yes, please label the proximity of your lands on your survey. Please list p~esent tlse or opem. tjons conducted at this parcel 5/gt~M 't~/~4t/¢' z~t~//6Ml~he proposed use ~ I [ - / . (ex: existing ~i~le ~ily, pm~d: ~e ~ garage, pool or other) A~oHzed signature ~t{dJDate BOARD OF APPEALS 6t7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / Gannon house expansion 3, PROJECT LOCATION: RECEIVED JUL ~ 4 20~2 Municipality Laurel County Suffol~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 350 MacDonald's Crossing See attached maps. Laurel, NY 11948 GOARD UF APPEALS 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6, DESCRIBE PROJECT BRIEFLY: Demolish existing detached wood frame garage; construct two-story addition to existing single family dwelling with attached garage on first floor and bedrooms on second floor. Document existing as-built accessory shed. Abandon a single specific cesspool. 7. AMOUNT OF LAND AFFECTED: Initially NMT 0. l acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly Lot coverage exceeds maximum allowable in R-40 District. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium-size single-family dwellings. r-'lAgficulture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes L.J No If Yes, list agency(s) name and permit/approvals: Southold Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L~ Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes []No ~ CERTIFY THAT T~J~I~ATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spons0rnafflc% Jamesl~_.~tz~e~,d,d,d,d,d,d,d,d,d~-- //") ~ Date: 7/15/12 Signature: // -----// /' I If tl~_action is in the t~'astal Area and you are a state ag.ency, complete the Coasta Assessment Form before proceeding with this assessment OVER 1 Reset PART II - IMPACT ASSESSMEI~(To be completed by Lead Agency) A, DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r']Yes r'~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS*PROViDED FOR UNLISTED ACTIONS IN 6'NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding prctden~? Explain bdefiy: C2. Aesthetic, agricultural, archaeological, histedc, or other natural or cufiurai resources; or sernmunity or neighbo;hoed character? Explain briefly: C3. Vegetafion or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A communit,/s existing plans or goala as officially adop{ed, or a change in use or Intensity of use of land or other natural resources? Exp;ain bdelly: C5. Growth, subsequent development, or related act~vifies likely to be induced by the proposed acfion? Ex~lain bdefly: C6. Long tem~, short term, cumulative, or other effects not identified in C1 -CE,? Explain bbefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefiy: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~[--'] No If Yes, explain bdefly: E. IS THERE, OR iS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERBINATION OF SIGNIFICANCE (To be complatdd by Agency) INSTRUCTION~: For each adverse effect ldent;fied above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (¢) duration; (d) irmversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or rei:erenca supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact Of the p~ action on the environmental characteristics Of the CEA. ] Check this box if you have identified one or mae potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL FAF and/or prepare a pesitive declaration. [] Cbeck this box if you have datermined, based on the information and analysis above and any suplx~ting documeotsbon, that the pruposed action WILl NOT result in any signi~cant adverse environmental impacts AND provide, on attachments as necessa~, the reasons supporting this daterminatior Name of Lead Agency Pdnt or Type Name 0f Responsible Officer in Lead A~oncy SignatUre of Responsible Officer in Lead Agency Date Titla of Responsible Officer Signature of Preparer (ff different from responsible officer) Reset AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of alarm operation located in an agricultural districL AH applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. Address of Applicant: DCT~I- 3.2' Name of Land Owner (if other than Applicant):, t. Z5~'¥~ 4. Address of Land Owner: 5. Description of Proposed Project: -'-~'L Jig'° b [ Or[ 6. number)L°cati°n of Property: (road and Tax map i t~ k,,__- q_._Jt~ 7. Is the parcel within 500 feet of a farm operation? { } Yes ~ No 8. Is this parcel actively farmed? { } Yes ~ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) SignatureJApplicant -- /d ' Date 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statolq.~gh__. 2. Comments returned to the local Board will be taken into consideration as part as the overall reviel~l~lt.0{~l~[~}tion. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted ~q fev~w,. BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vmhibits conflicts of interest on the oart of town officers and emolovees. The oumose of this form is to g~ovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Cannon, ~4ar~aret (Last name, first name, middle initial, unless you arc applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Variance Change of Zone Approval of plat Exemption fxom plat or official map Other Of "Other", name the activity.) ,4 Building Trustee Coastal Erosion Mooring Planning RECEIVED JUL 2 4 ?0~2 .BOARD OF 'qPPEAL..q 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 when: 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) tbe 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, parmert or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this '7 day of [~ 205 i~. Signature /~---~~ Print Name !'~ar~are t -C~lann o n AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 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: FTTZCER~I,'-5, ,lames c Jr TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning X Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X lfyou 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 ail 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 /i ,------- //] 1,, ,. PrintNam~,/James E. F~_flLzperald, Jr. ,JUL 2 4 ZO!2 BOARD OF APPEALS LWRP CONSISTENCY ASSESSMENT FORM SCTM~, i0 0 0 - i 4 5 - 4 - t 8 RECEIVED PROJECT1NAME GANNON HOUSE EXPANSION JUL 2 4 2OlZ The Application has been submitted to (check appropriate reSPonse): ' BOARD OF AppEALS category of Town of Southold agency action (check appropriatcreSPonse): (a) CO) (c) Action undertaken directly by Town agency (e.g. capital constraction, planning activity, agency regulation, land transaction) Financial assistance (e.g. gran% loan, ,subsidy) Permit, approval, license, certification: Nature and extent of action: Demolish existing detached wood frame garage; construct two-story addition to existing sin- gle family dwelling, with attached garage on first floor and bedrooms on second floor. Location of action: 350 ~{acDonald' s Crossing, Laurel Site acreage: 0. 270 acres Present land use: Single family dwelling Present zoning classification: R- 40 ' - If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~{argaret Gannon · Co)Mailingaddress: PO Box 1625, ~!attituck, NY 11952 (c) Telephone number: Area Code ( 631 - 298 - 8721 (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, wtfich state or federal agency.*. NYSDEC APPLICANT: MARGARET GANNON SCTM #: 1000-145-4-18 LWRP CONSISTENCY ASSESSMENT FORM Policy I [] YES Foster a pattern of development in the Town of Southoid that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~O [] NOT APPLICABLE The construction of an addition to an existing waterfront dwelling, with other renovations yielding no net gain in the area of the footprint, is consistent with the character of the waterfront community, and because the immediate area is heavily developed it is felt that there is no adverse impact on the desired preservation of open space. The proposed addition will include an attached garage which will re- place an existing, and to be demolished, detached garage, and this also has no sig- nificant impact on the overall coverage on the property. Infrastructure use is not a factor since the project is for the modification of an existing structure while retain- ing the same use. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 [] YEs Preserve historic resources of the Town of Southold. ~/~0 [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features. Policy 3 [] YeS Enhance visual quality and protect scenic resources throughout the Town of Southold. [~NO [] NOT APPLICABLE The addition proposed will be set back further from the front property line than the existing detached garage. It is compatible with other existing waterfront structures in the area, and will not adversely affect the dynamic lands~...~h~ ~m~_e~tos (tidal fluctuations, seasonal vegetation changes, changing light) which might contribute to ephemeral visual qualities. JUL 2 4 2012 BOARD OF APPEALS Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE The likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected; there is an existing bulkhead. Policy 5 [] YEs Protect and improve water quality and supply in the Town of Southold. ~NO [] NOT APPLICABLE The proposed project will utilize an existing on-site sewage disposal system. Dur- ing construction a line of haybales or a silt fence will be in place to minimize the chance of silt entering the bay. There will be no disturbance of the bay bottom dur- ing constmction. Policy 6 [] YES Protect and restore the quality and function of the Town of Southold's ecosys- tem. [~/NO [] NOT APPLICABLE There is no wetland vegetation in or near the proposed construction area, and as has been mentioned the property is behind an existing bulkhead. Steps will be taken to insure that silt does not enter the bay during construction. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling of the bay bottom is proposed. Policy 7 [] YES Protect and improve air quality in the Town of Southold. [~O [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant mounts of new air pollution. RECEIVED JUL 2 ~ BOARD OF APPEALS Policy 8 [] YES Minimize environmental degradation in the Town oif Southold from solid waste and hazardous substances and wastes. [] NOT APPLICABLE Although the project as proposed may result in the generation of additional solid waste, it will be disposed of in accordance with the required or recommended prac- tices of the Town and the SCDHS. The handling and storage of petroleum products will be accomplished through the use of approved containers and facilities, and ap- proved methods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO [~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] YEs Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. / [] NO [~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] No ~OT APPLICABLE This policy is not applicable to the proposed project. Policy t2 [] YES Protect agricultural lands in the Town of Southoid. [] NO ~]/~OT APPLICABLE This policy is not applicable to the proposed project. RECEIVED JUL 2 4 BOARD OF *r'"'-'~ ~. Policy 13 [] YES Promote appropriate use and development of energy and mineral resources ~NO [] NOT APPLICABLE The planning and construction of the project is, and will be, such that energy effi- ciera design criteria are applied throughout, based upon all local and State building codes, or upon practices generally recognized as desirable in this regard. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Site drainage and water control will be designed and accomplished in accordance with Town policies and requirements. Roof runoffwill be retained on-site. Excess spoil result- ing from any excavation will be removed to a site at which it will pose no envi- romental burden. RECEIVED ,JUL ~ ~ 2012 BOARD OF AppEALS Proper: T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 July 23, 2012 (631) 734-5800 RECEIVED JUL ~ 4 ;~01~ BOARD OF APPEALS Re: Application for a Variance; SCTM #1000-145-4-18; Margaret Gannon Dear Madam: Enclosed are the documems prepared in support of the application for a variance and appeal from the decision of the Building Inspector for an addition to the existing dwelling, and the approval of an as-built existing accessory shed on the property of Margaret Gannon located at 350 Mac- Donald's Crossing in Laurel. Proper-T Permit Services represents Ms. Gannon in this matter, and a letter of authorization is at- tached. If you need more information or have any questions please call me. /¢mes E. Fitzgemly~/ J / Enclosures: Application Fee (two checks, $400 + $100) Letter of Authorization (9 copies) Transactional Disclosure Form (9 copies) Notice of Disapproval (9 copies) Application Form (9 copies) Project Description (9 copies) ZBA Questionnaire (9 copies) Short EAF (9 copies LWRP Consistency Assessmem Form (9 copies) Vicinity Map (9 copies) Tax Map (9 copies) Aerial Photograph (9 copies) Survey of Property (original plus 8 copies) Building Elevation & Floor Plan Sketches (9 copies) Town Property Card (9 copies) Project Site Photos (9 copies) Photo View Angles (9 copies) NYSDEC Non-Jurisdiction, dated 3/11/85 (9 copies) a subsidiary of THE PECONIC EASTERN CORPORATION RECEIVED BOARD OF APPEALS Post Office Box 1624 Mattituck, New York 11952 Chairperson Zoning Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Dear Madam: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a request for an area variance required for a proposed project on my property located at 350 Mac- Donald's Crossing in Laurel, and designated by Suffolk County Tax Map No. 1000-145-4-18, and to furnish, upon request, supplemental information in support of the application. Sincerely, RECEIVED JUL 2, ~ 2012 BOARD OF APPEALS AURE MA1 I'ITUCI 11952 ~IRPORT THE AREA Of THE PROPOSED PROJECT IS CIRCLED RECEIVED JUL 2 4 g~l? BOARD OF APPEALS VICINITY MAP Application regarding the property of Margaret Gannon, SCTM # 1000-145-4-18 Represented by PROPER-T PERMIT SERVICES P.O. Box 6t7, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 July 15, 2012 THE SITE OF THE PROPOSED PROJECT IS SHADED RECEIVED ,JUL ~ 4 2012 BOARD OF APPEALS TAX MAP Application regarding the property of Margaret Gannon, S CTM # 1000-145 -4-18 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 July 15, 2012 L ( ~ ,~ 20!2 ~'~ BOARD OF APPt:~ALS ~OTO A: Looking SE al the N e}evation of~he existing detached garage, {7/12/12 at I44g PHOTO B: Looki~g SE. Existing accesso~ shed visible at figN; pink- flagged Fake (circled) marks SW comer of exte rim' shed potion of pro- posed house extengmn. (7/12/!2 al I(~ hfs} BOA~\D OF/:xPPEA,5 PRO.IECT SITE PHOTOS Application r~ardi/~g the pro~ of Ma~/~rd Gmmon SCTM ~i 1 (~ 1454~ } 8 Represented by PROP[!R:E PERM['[ S}:RV/CES P.O, Box 617. C~tchogue, NY J t935 J~m*es F, Filzgemld, Jr. 631-734-5800 J~dy 15~ 20J2 PHOTO C: Looking SSE, Pink-flagged stake (circled) marks NE comer of proposed house exten- sion. (7/12/12 at 1643 hrs) PHOTO D: Looking WNW, Pink-flagged stake (circled) is the stone one as in Photo C. (7/12/12 at 1645 hrs) PROJECT SITE PHOTOS Applicalion regarding the properiy of Margaret Gmmon, SCTM # 1000-145-4-18 Represented by PROPER:I' PERMIT SERV1CES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 63/-734-5800 July 15, 2012 NEW YO~ ~ RECEIVED ,1UL ~ 4 20!2 A revlew has keen.made of ~our proposal to: Ne~¢ ~.'~'k 5t~te Depa_~m~t of .En~nm~m;ml C~.se~,at.!cn h~.~ zo,~nd G~*ca~r than 300' frcm ~.u~ettt~ried tidal wetlands, - ~,o."e'~ ~h~'~ ~3<? %:, ~u- A ~.~:~z~,~.~ ~r'~or ~o ~;apt~,bzu 20, i9~7. uzal s!ope · '-~o~..~"pe~t ~ -Artic~ 25 (Tidal Wet~ of the BOARD OF APPEALS FORM NO. 4 TOWN OF SOUTEOLD BUILDING DEPARTMEN~ Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32282 Date: 04/10/07 T~IS CERTIFIES that the building ADDITION Location of P~operty: 350 MACDONALDS CROSSING LAUREL (HOUSE NO.) (STREET) (PL~MLET) Cou/lty Ta3( Map No. 473889 Section 145 Block 4 Ix)t 18 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 6, 2006 pursuant to which Building Pe~t No. 32344-Z dated SEPTEMBER 6, 2006 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 ~DDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to LAUREL HILL LTD P~RTNERSHIP (OWNER) of the aferesaid building. PLUMBERS C~q~TIFIC3%TION DATED Rev. 1/81 N/A N/A N/A RECFIVED JUL BOARD OF APPEALS FORM NO. 4 TOWN OF SOUT~OLD BUILDING DEPADTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-31816 Date: 09/14/06 THIS u~RTIFIES that the building ALTERATIONS/ADDITIONS Location of Property: 350 MACDONALDS CROSSING LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section .145 Block 4 Lot 18 Subdivision Filed Map NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office ¢hated J~/LY 17, 2006 pursuant to which Building Pez~it No. 32180-Z d~ted JULY 17, 2008 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 WINTERIZE EXISTING SEASONAL COTTAGE AlCD ~DITIONS AS APPLIED FOR. ~ne certificate is issued to LAbq~EL HILL LTD (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPART~4ENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DA'£~3 Rev. 1/81 N/A N-090062 09/05/89 05/14/90 MATT I TUCK PLL~MB . &HEATING gnature RECEIVED JUL 2 4 Z0!~ BOARD OF APPEALS TOWN OE SOUTHOLD OFPICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the ~ Land B uilding(s) Dse(s) located at 350 MacDonald's Crossing Pvt. Rd. #3 off Peconic Bay Blvd. Pre C.O. #. z-172OI Date-August 17, 1988 Laurel, N.Y. Street Hamlet shown on County tax map as District 1000, Section 145 , Block 04 , Lot 18 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~ Land ~ Building(s) ~__/ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains a seasonal [ story, one family, wood framed dwelling with enclosed ~orch all situated in 'A' Residential Agricultural zone with access to MacDonald's Crossing, a Private Road The Certificate is issued to DOROTHY GANNON (owner, MY6v~g~X~XX]~t~RX) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with ali other applicable codes and regulations. Building Inspector RECEIVED ,JUL. BOARD OF APPEALS / o ,~ ~ -/,/,:- ,/-//TOWN OF SOUTHOLD )WNER LAND STREET ~,.~ N S IMP. :7o0 VL TOTAL '7300 ,:..~ oo J ~ew ~ gd.O ~ :ARM ~ble 1 ~§~AL Acre illoble 2 liable 3 'oodland Yampland 'ushland ouse Plot ;~g~w / Value Per Acre FARM DATE PROPERTY RE( VILLAGE W :ORD CARD 'DIST. SUB. LOT ACR. ,,~ ~- 6 I ./ TYPE OF BUILDING Mkt. Value COMM. CB. MISC, ~ ~ Va i/ue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR M. Bldg. Extension Garage ,,~; P~:~o Foundation Basement Ext, Walls Fire Place Type Roof Recreation Room Dormer ~riveway Bath FloOrs l~terior Finish Neat' Dinett, e b-~-~' A~'C~, DR. ~(~. :~,' ,,J,, ,~,~ Rooms 1st Floor BR. Rooms 2nd Floor FIN. B. 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 26, 2012 Zoning Appeal No. 6587 Transmitted herewith is Zoning Appeals No. 6587 of James E Fitzgerald~ Jr. for Margaret Gannon thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Shor~ Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Proper-T Permit Services Dated July 23, 2012, Authorization Letter from Margaret Gannon to James E. Fitzgerald, Jr. to Represent her in this Matter, Vicinity Map, Tax Map, Three Pages of Photos of Property, Letter from New York State DEC Dated March 11, 1985 In Regards to Functional Bulkhead, Copy of Certificate of Occupancy No.Z-32282 for Deck Addition to an Existing Single Family Dwelling Dated April 10, 2007, Copy of Certificate of Occupancy No. Z-31816 for Winterize Existing Seasonal Cottage Dated September 14, 2006, Copy of Certificate of Occupancy Pre C. O. Z- 17201 for Seasonal One Story, One Family Wood Framed Dwelling Dated August 17, 1988, Copy of Property Record Card (Both Sides), Copy of Survey Showing Existing & Proposed Construction Dated June 22, 2012 Prepared by Nathan Taft Corwin III, Land Surveyor, Copy of Floor Plans Prepared by Donald G. Feiler, Architect, Copy of Proposed Addition Showing Elevations Prepared by Donald G. F¢iler, Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/25/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED ~f'/O/-~ O ~,/'D¢)~.~ "- 600 $400.00 6587 ¢,e~mia~a~-~ 635 100.00 ~L 2 6 20E Credit card 250.00 Southold Town Cled~ $750.00 By lc Thank ou, Town of Southold P.O Box 1179 Southotd, NY 11971 Date: 07/26/12 * * * RECEIPT * * * Receipt#: 139949 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6587 $750.00 Check#: 600/635 & Credit Card Total Paid: $750.00 Name: Gannon, Margaret M 4 High Ct Mt Sinai, NY 11766 Clerk ID: CAROLH Internal ID: 6587 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 6, 20t2 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~ SEPTEMBER 6~ 2012: 10:15 A.M - MARGARET M. GANNON - #6587 - Request for Variances from Article III Section 280-15(F) and Article XXlII Section 280-124, and the Building Inspector's July 10, 2012 Notice of Disapproval based on an application for building permit to construct garage addition with two bedrooms above and "as built" accessory shed at: 1) In the case of waterfront properties accessory buildings may be located in the front yard, provided that such accessory meets the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard, 2) lot coverage of more than the code permitted 20%, located at: 350 MacDonalds Crossing (adj. to Peconic Bay) Laurel, NY. SCTM#1000o145-4-18 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: August 8, 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 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 30th day of Au.qust, 2012. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS ~IURSDAY SEPTEMBER 6, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971~959, on Ad~mned ~om Public Hem~g Am IL00 A.M. - PECONIC LANDING for Variance from Article V Code Section 280-23 (Balk Schedule) and the Building Inspector's July 9. 2012 Notice of Disap- proval based on an application for build- mg permit for construction of a three story apartment building addition, at; More than the maximum number of 2 ~/) stories, located at: 1500 Brecknock Road (adj. to Long Island Sound) Greenport, NDL SCTMg1000-35-1-25 11:30 A.M. - GLORIA R. GESLAK - ~o592 - This is a request for a Waiver of Merger under Article 11, Section 280- 10A, 1o unmerge land identified as SC13~ *71000-98-5-11, based on the Building In- spector's July 11, 2012 Notice of Disap- proval, which states a non-conforming lot shall merge with an adjacent conforming pr nonconforming lot which has been held m common ownership until the total lot size conforms to the current bulk sched- ule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-98-5-12, located at: 215 & i25 Robinson Lane (comer Indian Neck Lane) Pecoalc, NY. SCTMg-1000- ~ - MARY R~I~AU£T~ - g6590 - Applicant requests a Special Exception under Article Ill, Scc0on 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, requests variance fi-om Section 280-13B(13)(a) total square footage of more than the maximum livable floor area of 750 square feet, at; 1425 Bay Avenue (adj. to Mar~on Lake) East Marion. NY~ ~588 - Request for Variancea fi-om Arbdc XXIII Section 280-124, and the Buildhig Inspector's May 30, 2012 Notice of Disap- proval based on an application for build- mg permit to constract additions and al terations to existing single family dwelhng at 1) less than the mialmum side yard set- back of 10 feet, 2) less than the combined side yard setbacks of 25 feet, 3) lot cover- age of more than the code permitled 20%, located at: 2745 Wickham Avenue (comer of Grand Avenue) (adj. to Long Creek) Mattituck, NY. SCTMgl000-139-2-3 1__ week(s), successfully commencing on the f._~/~ __~ Principal Clerk day o 2012, CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OE NEW YORK NO. 01V06105050 Qualified In Suffolk County · l:50 P.M. - MILL CREEK PART- February 28, 2016 NERS. LLC - g6589 - Requ~t for Special Exception per Article XIII Section 280-55 (B) I to operate a restaurant in a Marine II (MlI) District. Located at: 643(X) Route 25 (adj. to Southo]d Bay) Greenpon, NY. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of MARGARET GANNON Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-145-4-18 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 20th day of August, 2012, 1 personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL. RETURN RECEIPT REQUESTED, true copies 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 Assessors, 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. Two USPS Certified Mail Return Receipts are attached herewith. Dated: September 6, 2012 Sworn to before me this 6th day of September, 2012. Notary Public/' ,J es E. Fitzgerald,,J / I_INDA J COOPER NOTARY PdBL.!(;, Stat o h ~' ' Ye NO. 01CO¢622~,63, Surf ~ik Term Expires Decembel 31, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of MARGARET GANNON Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-145-4-18 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAIL1NG OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 20th day of August, 2012, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, tree copies 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 Assessors, 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. Three USPS Certified Mail Receipts are attached herewith. Dated: August 20, 2012 Sworn to before me this'~,~r day of August, 2012. VICKI TOTH N0ta~ Public.State of New No, 01T06190696 Qualified in Suffolk Co mt. James E. Fikzge?ald~J,r/ ~r ' Notary Public August 15, 2012 MARGARET GANNON: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-145-4-18 Margaret Gannon PO Box 1625 Mattituck, NY 11952 NOTICE SENT 1000-145-4-17 Robert Jessup 455 MacDonald's Crossing Laurel, NY 11948 1000-128-6-15 Hilary Pridgen 40 Etna Road Hanover, NH 03755 1000~ 128-6-20 James Carey 63 Rose Avenue Eastchester, NY 10709 r--~ Postage Ltl Celtified Fee Return Receipt Fee (Endorsement Required) Restricted Oelivel¥ Fee (Endorsement Required) Total Postage & Fees $0.65 $2.95 $2.35 $0.00 $5.95 08/20Z2012 .' Laurel NY 119a8 Postage Cer[ifled Fee Relum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $¢..,5 $2,~ $0.00 $ $5.95 Sent T¢ ~4ilarv PridEen stree~,Ap~~o.; 40 Etna Road Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted DeIivery Fee (Endorsement Required) Total Postage & Fees $0.65 $~..5 0935 ~%T&~;~/t ~7'~-~-'-B'% ~%'-'-A';%% ....................... TATE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of MARGARET GANNON Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-145-4-18 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 27th day of August, 2012, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's 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, September 6, 2012. Dated: September 6, 2012 Sworn to before me this 6th day of September, 2012. Notary Public LINDA J COOPER NOTARY PUBLIC, State of New York ~O. 01 CO4822563, Suffolk County :erin Expires December 31, 20.~ · Comptete items 1, 2, and 3. ktso complete item A 'fi ~P, eet,%4.e([ ~3eYt,~e~ ie ~m6. · Attach this card to the back of the mailpieca, Hilary Pr~dgen 40 Etna Road Hanover NH 03755 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] ~nsumd Mail [] C.O.D. 4. Restricted Delive~J? (Extra Fee) [] Yes 7011 0110 0q~2 5167 0275 PS Form 3811, February 2004 Domestic Return Receipt 102595~)2-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · PHnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space perTnits. 1. Article Addressed to: James Carey 63 Rose Avenue Eastchester NY B. Received by ( Printed Name) [] Agent [] Addressee C. Date of Delivery D. Is delivery address ~ J~(~ i?m 1 ? [] Yes If YES. enter delive~ ad~r~l~ ,w~,~ I-I No ¢rransforfro~;:~':~.~,,:-:~,~,~;~-~]t,~;B11B 0002 5167 0268 Form 3811, February 2004 Domestic Return Receipt I0259542-M-1540 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Robert Jessup 455 ~ac]]onald's Crossing Laurel, NY 11948 2. Article Number (Transfer from service label) X \ ¢ ~ [] Agent B. Received by (Pdnted Name) I C. Da~t~f,,D~jvery I T_/ 3. Service Type I~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 7011 0110 0002 5167 0282 PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GANNON~ MARGARET #6587 MAP # 145.-4-18 VARIANCE YARD LOCATION; LOT COVERAGE REQUEST GARAGE ADDITION; "AS BUILT" AGCESSORY SHED DATE: THURS, SEPT 6, 2012 10:15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 6, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,September 6, 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 Au.qust 20th: 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 roils 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 arranqements were made in either a written statement, or durin.q the hearing, providing the returned letter to us as soon as possible; AND not later than Au.qust 27th: 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 Au.qust 29th: 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 September 4, 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 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 1 ! 971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 25, 20'12 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 #6587 Action Requested: Within 500 feet of: Owner/Applicant: Gannon Construct addition - yard location; lot coverage ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson // BOARi3 OF APPEAL5 DONALD G. FELLER * ARCHITECT BOARD OF APP£AL,~ DONALD G, FEI[:~(~ ~,~I~!~CT BOARD OF /~,PPEALb BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork,net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 24, 2012 Proper -T - Permit Service P.O. Box 617 Cutchogue, NY 11935 RE: ZBA Application #6587 - Gannon Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's September 20, 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. Sincerq~,, ~ Vicki Toth Encl. Cc: Building Dept. N /, 145