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Home My WebLink About6615SpL,~'~e~ ~1~3~ ,,~ Ch:T., INC. ~426 Gr~mnport~ N~W York Page GRANTED permission to divide propert~ located on N/S Manhans~t Avenue, Greenport, New York. BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 APRIL 18, 2013 RECEIVED APR 2 3 2013 wA Clerk ZBA FILE: 6615 AMENDED NAME OF APPLICANT: Thomas Spurge PROPERTY LOCATION: 3145 Manhanset Avenue Greenport, NY. SCTM#1000-43-1-7 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 11 category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a nonconforming size 9,000 sq. ft. parcel in the R-40 Zone. The northerly lot line measures 90 feet along an adjacent parcel. The easterly lot line measures 100 feet along another parcel. The southerly lot line measures 90 feet along Manhanset Ave., and the westerly lot line measures 100 feet along another parcel. The property is improved with a one story single family dwelling, as shown, on the survey drawn by John Metzger, Surveyor, dated Aug. 30, 2012, and shown with proposed demolition and new construction, on the site plan prepared by Robert I. Brown, Architect, PC, and dated Oct. 31, 2012. BASIS OF APPLICATION: Request for Variance from Article XXIll Section 280-124 and the Building Inspector's October 12, 2012 Notice o f Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet. BASIS OF AMENDED APPLICATION: Re-Opened per Board Resolution - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012, Updated March 5, 2013 Notice of Disapproval based on an application for building permit to demolish and construct new single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance for a +/-24fl. rear yard setback, for construction of a new single family dwelling, after the demolition of existing dwelling, where Code requires a 35ft setback, in order to construct a proposed, new two story dwelling on the existing foundation and a new two story new addition to the west with conforming setbacks ADDITIONAL INFORMATION: The property was the subject of prior ZBA decision #426, dated Dec. 14, 1961, in which this parcel was divided from an adjacent parcel, and which created the existing nonconforming lot size. This property was also the subject of ZBA decision 6615, dated Jan.17, 2013, in which the current Applicant was granted a variance for +/~24ft. rear yard setback to construct proposed Page 2 of 3 - April 18, 2013 ZBA File#6615 Spurge Amended SCTM: 1000-43-1-7 additions and alterations to an existing single family dwelling. Subsequent to the decision, the Applicant discovered that the overall structural condition of the existing dwelling was of such a deteriorated condition that demolition of the dwelling became the most financially viable, and prudent option available, instead of attempting to restore the structural integrity to the existing building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Jan. 3, 2012, at which time written and oral evidence were presented. After making a decision to grant the requested variance, the Applicant requested that the ZBA re-open hearing #6615, in order to consider an Updated Notice of Disapproval dated March 5, 2013 that now cited the proposed demolition of the existing dwelling, and the proposed construction of a new dwelling. The Zoning Board of Appeals held another public hearing on this application on April 4, 2013, at which time additional 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The single family dwelling was constructed in 1974 with the currently existing setbacks. The nonconforming rear yard setback will not be reduced or changed with the new construction. Other properties within the neighborhood have principal structures with nonconforming setbacks, and this long established residential neighborhood has a mixture of one and two story single family dwellings. 2. Town Law §267-b(3}(b}(2}. The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing rear yard setback is nonconforming to current Code, and the proposed new construction utilizing the existing foundation in its nonconforming location cannot be built without a variance. 3. Town Law §267-b(3)(b}(3). The variance granted herein is mathematically substantial, representing +28% relief from the code. However, this is mitigated by the relatively small size of this 9,000 sq. ft. parcel, the existing nonconforming building footprint, and the fact that all other setbacks conform to Code. 4. Town Law l~267-b{3}(b){4} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing septic system will be upgraded to Code. Drywells will be installed for roof runoff, and 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, since the Applicant pumhased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Iimitations 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 a new two story dwelling with a nonconforming rear yard setback, 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, and duly carried, to GRANT the variance as applied for, with setbacks as shown, on the survey drawn by John Metzger, Surveyor, dated Aug. 30, 2012, and as shown on the site plan prepared by Robert 1. Brown, Architect, PC, and dated Oct. 31, 2012, with the March 5, 2013 revision showing the proposed demolition and new construction. Page 3 of 3 - April 18, 2013 ZBA File#6615 - Spurge Amended Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other fkature 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 tbat is de minimis in nature for an alteration that does not increase the degree of nonconfi~rmity, Vote qf the Board. Ayes: Members. Weisman (Chairperson), Goehringer, Horning, Schneider. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved forfiling~Tt /~ /2013 TO: Tom Spurge(Wagner) c/o Amy Ma~in 205 Bay Avenue Greenpo~,NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 12, Updated: March 5, 2013 Please take notice that your application dated October 10, 2012: For permit to demolish and construct new single family dwelling at: Location of property: 3145 Manhanset Road Greenport, NY County Tax Map No. 1000 - Section 4~3 Block _1 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed demolition and construction of a new single family dwelling, on a non- conforming 9,000 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a rear yard setback of 35 feet, the proposed addition is shown at 24.10+/- feet. 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. ?RO?OSED1 9C). ()() 5ASFD ON 5~RV~ Of DESCRIB~.D PR OPE~'.FY FiRAR GRE'SxNPORI, f(')WN OF SOd NOD TA-X MA~ NO, SLJRV[Yf_'D ,=OR. FHOMA5 A'qD NANCY AREA = 90005F. 0E0.207 A, DU~',VE~ ED ~%' PECONiC tFJEVEvC)~;',5, PC. 51TE PLAN S(ALE: !"= PROPO5[ I I © ½ 7 7 I ~ISTING ONE 5TORY FP. AME HOUDE TO BF DEMOLIDHED, ~CEPT FOR FOUNDATION TO REMAIN PROPODED ~CONSTRUCTION OF ?IR5T FLOOR AND NEW DECOND FLOOR ADDITION FINAL MAP REVIEWED BY ~.~$ SEE DEGISION # I.~1'$ ,~ ;_7:F · - ..., ~0 t,'NCE ALLOWABLE LOT COVERAGE: I ,800 5F. (20%) TOTAL EXISTING: ~2 ~F TOTAL: 1.701 5F (15.D%) 5PUP-.GE RESIDENCE MANHANSET AVE., GREENPORT, NY r*~:v. 3/5/20 3 R, ODER.T I. DP, OWN ARCHITECT, P.C. W/I=AIIRWEATIfiER DESIGN A ~: ' -F~: 5c~0CIA7 ,_co, INC. 205 BAY AVENUE GREENPOP-.F, N,Y 11944 G31 -477 9752 (Fax) G3 I -477-0573 RECEIVED ~( MAR ? 2013 BOARD OF APPEALS RECEIVED MAR ? ~ - ~ARD OF APPEALS FINAL MAP REVIEWED BY .... ~, ~ M~J ~ SEE D~°~TM~'~ ~ . :.'~:"~"*°~ ~E~I~EN~~~ ' ~FU~GE MANHANSET AVE,~ GKEENFOKT, NY 2os ~AY ~, 4'7'7-9752 (Pax) 63l 477 0973 RECEIVED MAR ? 2013 NOI~TH ELEVATION WEST ELEVATION BOARD OF APPEALS FINAL MAP REVIEWED BY ZB~I SEE DECISION #~ DATED_.~.. I / C/ 1'~7~- iL- LLJ ~O LLJ ~ ~ z - RECEIVED ~/~ BOARD OF APPEALS IF~L MAP IR~... ,~VI~.WED BY ZB~ I SEEJ)ECI~ ;ION ~ RECEIVED MAR BOARD OF APPEA~ FINAL MAP REVIEWED BYZBA SEE DECISION # ~(5'~ DATED ~ I/~ I ~/b I I RECEIVED ~- BOARD OF APPEALS FINAL MAP REVIEWED BY SEE DECISION # N AREA=9,000 SO. Fr. NEAR ANY ALTERATION OR ADOITION TO THIS SURVEY IS A i40LATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PEH SECTION 7209-SUBDDJSION 2, ALL CERTIFICATIONS HEREON ARE VALID F(~' THIS MAP AND COPIES THEREOF ONLY If: SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUH!/EYOR ~OSE SICWA TURE APPEARS HEREON. SURVEY OF PROPERTY THE VILLAGE OF GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-43-01-07 SCALE: 1'--20' AUGUST JO, 2012 / BOARD OF APPEALS CERTIFIED TO: THOMAS SPURGE NANCY SPURGE STEWART TITLE INSURANCE COMPANY \ ~,/,r~c I/ ~.-g'",~LC~:~N.~K S, L/C;' NO~, 49618 PECONIC 'S~,:~'~:~; :i~. . "~c-'/ (651) 765-502¢'~7~)C~5~ 1797 P.O. BOX 909 ' '~ ' =MONUMENT 12J0 TRAVELER STREET112 237 RECETVED MAR '7 013 ] Fee:$~00~'~ FiledBy: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. ~lt~ Street~l'~A,0,S(V~'/' /~J.~ Hamlet SCTM1000 Section 4'2')Block [ Lot(s). 7 LotSize I (WE) APPEAL TH~WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED /t~,~l~/~ $/~f~ASED ON'~I~Y/SITE PLAN DATED LPA[ ~.]~/l~ Applicant(s)/Owner(s): ,~OM ,~I~0/Z~ ¢ Telephone:~{ 0 Fax: ~-~? Email: ~)~ ~% ~ NO~: In addition to the a~ve. please complete ~low if application is signed by applicant's a~orney, agent, architect, builder, contract vendee, etc. and name of pe~on who agent represents: NameofRepresentative:~ ~ /~ ~ for(~ner{ )Other: Telephone:~l'q11'~YC~r,, Email:~ ~~(¢e' ~ce Please e~ecl lo ~ee~ who you wish eq~es~ndenee to ~ ~led to, from the a~pe n~: ( ) Applican~ner(s), (~uthor~ Represen~tive, ( ) Other Name/Address ~low: V~-IEREBY TH~ BUILDING INSPECTOR REVIEWED SURVEY/SITE?I~AN DATED ! o {t~tL-/ and DENIED AN APPLICATION DATED ~/)~uilding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance .by numbers. Do not quote the code.) Article: Yx~ {~ Section: ~ ' [~J(' Subsection: Type of Ap~peal. An Appeal is made for: (~fA 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 ( ) Rever~l or Other A prior appeal (Q 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 completingl~s question or call our office for assistance) Name of Owner: / '~o~b -- Iq~o~ ZBA File# RECEIVED ~ ,.-' REASONS FOR APPEAL (?lease be specific, additional sheets may be used~j~r~)'~ APPEALS signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 2. The benefit sought by the applic~t CA~OT be achieved by some method fe~ible for ~e applicant to pursue, other th~ an area v~iance, because: 3. ~e amount of relief requested is not subst~tial because: 4. ~e v~i~ce will NOT have ~ adverse effect or impact on ~e physical or environmental conditions in ~e neighborhood or dis~ict because: 5. H~ the alleged difficul~ been self created? {~ Yes, or { } No Why: Are there ~y Covenants or Res~ictions concerning this land? { } No { } Yes (ple~e ~mish a 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. Sworn to before me this'-~4Jth day Nota~ Public Signature of~pplicant or Authorized Agent (Agent must s~bd~it wrinen Authorization from Owner) CONNIE D. BUNCH Nota~, Public, State of New York No, ©uaiifi~d APPLICANT: ~)~, 1. For Demolition of Exis~ng Building please aescabe areas being removea: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number ofFloors and Geneml Characteristics BEFORE Alterations: i ~TDtlff 6o~-a ~A~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage~frmn~surveyo~: Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject prem~es listed on the real estate market for sale? BOARD OF APPEALS Yes V No z Are/there any proposals to change or alter land contours? ~ No __Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? t'tO 2.) Are those areas shown on the survey submitted with this application? ~_ 3.) Is the property bulk headed between the wetlands area and the upland building area? /~ ]~" 4.) If your p~'~perty contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? p//~ Please confirm status of your inquiry or application with the Trustees: ~ and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /X/~ Are there any patios, concrete barriers, bulkheads~or fences that exist that are not shown on the survey that you are submitting? MO Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? dO yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel Slr~t~ ~C garage, pool or other) [ Au~ature and Date 1Ill'2'~ RECEIVED 617.20 Appendix C State Environmental Quality Review MAR ? SHORT ENVIRONMENTAL ASSESSMENT OF APPEALS For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by App cant or Project sponsor) 1. APPLiCANT/SPONSOR 12. PROJECT NAME 3. PI~oJEC"~ L'OCATION; 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etcl, or provide r~aP) 5. PROPOSED ACTION IS: [~New [] Expansion [] ModificatiOn/alteration 6. DESCRIBE PROJECT BRIEFLY; 7. AMOUNT DF .JLA. ND AFFECTED: Initially ~/ ~r , aCres Ultimately ~ ~ 0 ~ acres 8. WILL PROPOSED ACT~;~'i COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRESENT LAND USE iN Vl¢iNll'~ OF PROJECT? Describe~be~'R:, es'dential [] ,ndust~al [] Oemmerda, [] Agriculture [] Par~./FomsFOpen Space [] Other 10, 11. DOES ACTION INVOLVE A PERMIT~APPROVAL OR FUNDING, NOW OR ULTIMA'IELy FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAL, STATE OR LOCAL)? ~;es [] NO If Yes, list agency(s} name and perm~approvais: DOES ANY ASPECT OF ~T~E ACTION HAVE A CURRENTLY VALID pERMIT ~)R APPROVAL? [] Yes ~ If Yes, list age~lcy(s) name and perm~approvals: 12. AS A RESULT OF PR,.R_.,O~$ED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODJFICA TION? I CERTIFY THAT THE INFORMATION PROVI/DED ABOVE IS TRUE T° THE BEST OF blY KNOWLED(~, Applinant/sponsorname: ~m~/ /~' ~'~1~[~ 7"/~v Date: 0'/7 If the action is in the Coastal Area, and you are a state agency, complete th~ Coastal Assessment Form before prOceeding With this assessr~ent OVER RECE/VED J PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A, DOESACTiONEXcEEDANyTYPEiTHREsHoLDiN6NYCRR PART617.47 ~fyes. coordinatetherevieWproc~s~Ad~th(~F~jL~j~.)EA [] [] No ' _ B. VVILLACTIONRECEIVECOORDINATEDREVIEWASPROVIDEDFORUNLiSTEDACTONS N6NYCRR PART8176? IfNo, anegatlve declaration may be superseded by another involved agency. ' ' ' E~] Yes C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED V~ITH THE FOLLOWING: (Answers may be handwrtlle~, if legible) C~, Existing air qualtl~/~ surface Or groundwater quality or quaniity, no se evels, existing b'affic pattern, solM waste production or dlaposal, POtential for erosion, drainage o]' l]oeding pr6blam~? Explain briefly: C2. Aesthetic, agricultural, archaeological, Nstodc. or other natural Or culbral resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish shellfish or wildlife species, significant habitats or threatened Or endangered spedes~ Explain brlefly~ C5. Growth, subsequent deve!~pmenL or related a~[ies likely to be induced by the proposed action? ExpJaln briefty~ C6~ Long temp. short term; cumulative, or e~er effects not:ldenfi~ed in CJ-CS? EXPlain briefly: O7. Other fmpacts (IriCiudiog changes in uSe bf e~her quantity Or type of e~ergy)? Explain brlefly~ [] YeS [] NO If Yes, explain briefly: E. ~S THERE~ ~R i~ THERE L~KELY T~ BE~ c~NTR~VERsY RELATED T~ P~TEi~-iAL ADVERSE ENV~R~NMENTAL ~MPACTS? [] Yes [] No If Yes, explain bdetiy: PART III. b~- i ENMINATIoN OF StGNrFiCANGE (To be conlpleted by Agency). INSTRUCTIONS: For ea0h adverse ~ ~enti~ abo~, dateline Wheat it Is s~bs~n~al, la~e, ~m~nt or o~se ~gnifi~t. Each effect sho~ld ~ as~ssed in ge~hJ¢ sco~; and (0 ~gnl~de. If n~a~. ~d a~men~ ~ffi~entdetal tosh~ata ml~antadveme'~pa~h~en~ea~fiedandad~ua~addmss~. Ifqu~fionDofPa~llwas~ yes,:t~e d~e~[nauon of:s~nifl~n~ must evalua~ ~e ~tenfla ~ ~°xffY~ba~eneor~re~ally!~e~s!gn~nta~e~pa~sWhj~y~r ~pr~dl~eFUL[ ~ CherUb ~x if you have datelined, b~ on ~in~aU~ and ana~siS a~ve end anysqp~ng do~en~fi~,that ~ ~op~ a~on ~LL Name of Lead Agency Date Print Or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature Of preparer (If di~emnt from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, siteplan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. ~Ill applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with~Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 7~Y')%--/ 2. Address of Applicant: 3. Name of Land Owner (if other than Ap~ic~t):~7-t~O9 4. Address of Land Owner: 5. Description of Proposed - 6. Location of Property: (road and Tax map (-~C~ ~/ / / -- number) /gL'On5 -- 9L :~ -"' / "7 7. the parc t within 50-- feet ;fa o-;e&on? ( } *es 8. Is this parcel active y farmed9 { } 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 PropertT Tax Office located in Riverhead. NAME aud AD~DRES~S (Please use the back of this page if there are additional property owners) Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statornent. 2. Comments returned to the local Board will be taken into considerat on as pan as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above.' The cost for mailing shall be paid 'by the Applicant at the time the application is submitted for review. Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECEIVED ~~ MAR ? 2013 BOARD OF APPEALS (Print property owner's name) (Mailing Address) FO/~' /,~a ~~0 hereby authorize ~ Southold Zoning Board of Appeals. (Owner's Si ) (Print Owner's Name) 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 ¥OUaN^ E: IflOX'ft; /qn 'I (Last name, firs{ name, middle tnitial, unless you are applying in he name of someone else or other entty, such as n company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporatiop in which the town officer or employee owns more than 5% of the shares. / YES NO V If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate llne A) through D) and/or describe in the space provided. The town officer or employee or bis or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibit~ conflicts of interest on the Dart of town officers and employees. The nurpo.~. of this form is to orovide information which can alert the town of oossib[e conflicts of interest and allow it to ~ke whatevt,. TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance / Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion MooHng Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w~th any officer or employee of the Town of $outhold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even · partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name 0fperson employed by the Town of Southold Title or position of th at person Describe the relationship between yourself(tho appHcanffagent~'epresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 5% of the share~ oftbe corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporats entity (when the applicant is not a corporation) C) aa officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Town of Southold Ao INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RECEIVED , 7 013 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. ~nis 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 tmdertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norttffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIFrION OF SITE AND PROPOSED ACTION scm# The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~//BuildingDept. ~-~ BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: }/,.6' ~ Present land use: ~ Present zoning classification: /~ ~ /-'/0 / RECEIVED BOARD OF APPEALS 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: c~t/t491t~i.~/ (b) Mailing address: . (c) Telephone number: Area Code ¢gt& (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~/ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [~ No ~/~'Not Applicable Attach additional sheets ff necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary 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 ~.~' ' ~/~r~?~3~ [~ Yes [] No ~. Not Applicable RECEIVED .... BOARD OF APPEAL5 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes [] No .~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria Yes ~-~ No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -' Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~--~ No ~]/Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. RECEIVED [] Yes [~ No ~AR 7 2013 BOAKU [Jr Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill-Policies; Pages 34 through 38 for evaluation criteria. [~Yes [~ No ~ Not Applicable 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 IH - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section ill - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~Not Applicable / o,-, A ,,,-, ,-,,- APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No~'/Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~/Not Applicable Created on 5/25/05 11.'20 AM RECEIVED RECEIV ' MAR ~ 2013 BOARD OF Maps Page i of 1 bing Maps My Notes http://,~x,vv,^ bi~g.com/maps/print.aspx?mkt=en-us& z= l 8&s=h&cp=41.110877,-72.352448&pt=pb 3/6/2013 No: 35899 Town of Southold Annex P.O. Box 1179 54375 Main Road Southold, New York 11971 8/20/2012 RECEIVED CERTIFICATE OF OCCUPANCY BOARD OF APPEALS- Date: 8/20/2012 THIS CERTI~'iES that the building SINGLE FAMILY DWELLING Localion of Property: 3145 MANttANSET AVE, SCTM #: 473889 Sec/Block/Lot: 43.-1-7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore ~ed in this ollleed dated 1/1/1900 pursuant to which Building Permit No. 7160 dated 4/5/I 974 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 fa~ 8/20/12 Tiffs Certificate of Occupancy replaces COZI0049, dated 7/25/80, to confirm no changes have been made original COnstruction of the dwelling. The certificate is issueg to Robe~ Wagner (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 5-SO-32 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Toe Clerk's Office Southord, N.Y. Certificate Of Occul ncy RECEIVED ~,~/~,A BOARD OF APPEALS THIS CERTIFIES that the building ................................................ ~1A,5 Menhanset Avenue, Oreenport Location of Property ~ ~;o] ..................... ......... 's~i ................ County Tax Map No. 1000 ~ection /~ . .Block .............. Lot Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Apphcation for Building Permit heretofore ~ed in this office dated ..................... 19. ursuant to which BuildinA Permit No ...................... · dated ....A.p.I]..~.. ?., ........ ~ ........ 19 . . . , 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 ......... Prlva~'~ one-fro, il dwellin The certificate is issued to .... . .I~...~.,..~.,...~1..d..~, .0...1~...~?..~.; . .~0.r.~.? ................. (owns, la.ac or tenant) of the aforesaid butld~g. SuffoLk Cotmty Dcpattmeat of ~ealth Apptova] ~-~0-~'~ UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector TOWN OF SOUTHOLD EUILDING DEPARTMENT TOWN GLERK'S OFfiCE SOUTHOLD, N. Y. mUll. DING PERMIT RECEIVED BOARD OF APPEALS O'HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) No. 7160 Z Permisslo~ is hereby granted to: ........ .6.~,,~ ....... 6~..,,t, ....................................... ....... ~...ILt4A.~ ..~'.l.~e ....... Zi.~. .................. to ]~.4.. ~sm~..,a~ .. ~'a~l,Z~..4~,m$~,$n~ ...................................................................................... at premises located at .~/~.~ltlta~ltlle~..A~l~ .................................................................................. .......................................... g~.tt~.el::t ....~ ]:. .................................................................................. pursuant to application dated ......................... 3(11,:1~i~ ....... ~0-....., 19~...., and approved by the §uilc~ing Inspector. Fee :~.e.O~ ............ Building Inspector RECEIVED BOARD OF APPEALS 6 Algonquin Drive Huntington Station, New York ~rch 1, 1976 SOUTHOLD BUILDING DEPT. ~sin Road Southold, New York # 11971 Dear Sirs; I hav~ recently purchased an unfinished house on ~snhanset Avenue in Greenport. Since I would like to do the plumbing, wiring and other necessary work in the house, myself, I would like to know if the use of rigid plastic pipe, such as PVC for drsins and vents will conform to the building and plumbing code . If available, a copy of the code would be appreciated. Thank you, for your prompt and courteous attention to this letter. (Howard S. Sorgen) BUILDING DEPARTMENT TOWN CLERK'S OFF/CE SOUTHOLD, N. Y. RECEIVED NOTICE OF DISAPPROVAL File No..~.~.t.,.e.~....O,~...l~lv.~0.t...[~.~, ........... Date ................ . ...... llaYeatbe~...;~l.... 19.6~.. To ~l~,...F..~l~a~d..Costello..A.tl;~.,.~..AZC. ]]u~t ~ s Coal .......... .O~e.enp. o~.t.~...L. ~, ............................... PLEASE TAKE NOTICE that your application dated .............. ~O.V.l~ill]~e~......~(~.... 19.~.. for permit to ~ .di.~dl.. lot ............ at thc premises located at ..~l~,e~...~llod .... .&..}~II~l~etl;...,~ve .............................. Street (t~'eenport, L.I. ,N. ~'. Map ..... ~ ....................... Block ........ ~ ................ Lot ........ ~,.z~r'~? ......................is ~'~(~l~l~disapproved on the followln? ground, ..Irteu~£ielent..arsa..and frontag~ · . A~t....$t $ ~ ~ cc--.30-3 ~-'. &..-Ai't...t~ ,~ cc~ i~-.t0~Ot .............................................................. Building Insp~tor TOWN O~ SO4JTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. -~.-(We) BURT'S OOA~ IN0.~ of 42~. - 4th Stres~ Oreen~ort N.Y. N~rne of Appellant Street and Number ........................................................................................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON AP~CATION FOR PE~T NO .................. .-. ................... DATED ~I~.~B~...~,...:L~,~i¥,.,,_ "~'-~ ~U WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ~..~-.,~.'..~...9.qx.~.'...~q.'.-* ............................ ~ 7 Name of Applicant for permit of .~.~ ~...=...~ .~..h....~..?.~..~.5.~....0. ~.?.?.~.v..0.~.:...~.~..~.o.~..~. .................. Street and Number Municipality Stoic ~ ~:O OF APP~AL~ ( ) pERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit to divide Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secttc~ aad Paragraph of the Zonlng Ordinance by number. Do not quote the Ordinance.) 'Artiole ZTI, ~303~ and Article X, ~lO00A 3. TYPE OF APPEAL Appeal is made herewith for (2c ] A VARIANCE to the Zoning O~inance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Taw~ Law Chap. 62 Cons. Laws ArtL 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated .................................................................... REASON FOR APPEAL I ) A Variance to Section 280A Sul~ection 3 Oc ) A Variance to the Zoning Ordinance ( ) is mque~te~ for the reach ~ permit disapproved by building inspector on the ground of insufficient area and frontage. ~ ~S~ (Continue on other side) REASON FOR APPEAL Ce~finu~ 1. STRICT APPLICA+ION OFT HE ORDINANCE wou~ produce practlcaldifficulti~ orunn~e~ saryHARDSHl~becau~ there is presently located on the weeterly 60 feet of a plot 120' by approximately 100' a dwelling, leaving to the easterly side an unoccupied and unueed portion having a frontage of 120 feet. This leaves unproductive, usused and untaxed a major portion of the property. The improvement existed before the zoning ordinance went ~nto effect. 2. The har~hipcreat~ is UNIQUEo~ isn~ shcr~ by oil propeHi~ ali~ in theimmedi~e vicini~of ~isproperlyandln ~isu~ dlstrlctb~au~ meet o~ t~e dmellinge in t~e locality have been constructed-on-plots'of approximately 60' x 100', which dl~ls$on was made. prior to the enactment of the zoning o~dina~ce. 3. The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse most of the dwellings in the locality have been constructed on plots of approximately 60' x 100'. BURT'S 00AL, INC. ST^TE = ............................... COUNTY OF SU~OT.K ) Signature presi n Sworn to this .................. .~.......Z ................... d~y of ............. ~..~..q.~..m..b...e.~.a ..................... 1961. Board of A~peals Southold, ~ew York EDWARD T. C:OSTELLO ATTORNEY AND COUNSELOR AT LAW December 19, 1961 r RECE~¥ED BOARD OF APPEALS Oentlemen: On behalf of Burt's Coal, Inc., who has made an application for a variance to deride certain property owned by it in the vicinity of Angler's Road and Manhaneet Avenue east of Greenport, the parcel to be sold is described as follows: BEGINNING at an iron pipe set at the intersection of the north- erly line of Manb--set Avenue with the easterly line of Angler's Road; thence along the easterly line of Angler's Road, north 21°24'10" east, 92.86 feet to an iron pipe; thence along land of Peter Dykovitz, south 75°23'00' east, 60.42 feet; thence along said land, and land of Samuel Levine and Edna A. Brown, south 68'35'50" east, 30 feet; thence along other land of Burt's Coal, Inc., south 21~24'10" west, 100 feet to the northerly line of Man- hanset Avenue; thence along said northerly line of Manhanset Avenue, north 68°35'50. west, 90 feet to the point or place of beginning. The parcel being retained by Burt's Coal, Inc., is bounded and described as follows: BEGINNING at a point on the northerly line of Manhanset Avenue, which said point is south 68~35'50" east, 90 feet from an iron pipe set at the intersection of the northerly line of said Manhanset Avenue with the easterly line of Angler's Road; thence from said point of beginning north 21°24'10. east, 100 feet to the land now or formerly of Samuel Levine and ~dna A. Brown; thence along said land of Levine and Browm, south 68°~'50. east, 90 feet to land now or formerly of Cassano; thence along said land of Cassano, south 21~24'10'' west, 100 feet to an iron pipe on the northerly line of Manhanset Avenue; thence along said northerly line of Man- nanset Avenue, north 68°35'50'' west, 90 feet to the point or place of beginning. Please do not hesitate to contact me for any further information you may need. Very truly y our~/~__ Edward T. Costello ere/ack Southold Tow~ Hal]. $outhol~, New York EDWARD T. COSTELLO 0466 ',~ RECEIVED Dear Mr. Terry= MAR ? 2013 BOARD OF APPEALS E~oloeed ts an appeal, in dup].lcate, from your decision in the matter of ~Art's Coal, ~no., together with the corporation's check to the Town of Southo].d in the amount of $15 in payment of the feel [ wou].d appreciate your handing these ene].osures to the proper party. Thanking you in antioipatioa of your cooperation, Sincerely yours, ~Edward T. Oostello enclosures (~) 80 RD OF AppeALS of ~e ~n~d Bu~l~ng Zone Ordinance o~ ~e T~ of Sou~old, Suffo~ County, N~ York, ~1~c hearing w~l be hela by Zoning ~oar~ of Ap~als of ~e TO~ of Sou~ol~. at ~e ~ Clerk office. Ma~n Road. Sou~old~ New York, on January 4~ 196~. on the foll~ng anue w~th ~e Zoning or~ance~ Article I~ Section 303 Article X. Section 1000A, for pe~ission to ~vi~e pro~rty ~nto t~ lot~ with reduue~ frontage. ~ca~lon of ~ro~rty~ nor~ s~de Ma~anset Avenue, Green~rt, N~ York~ ~nde~ nor~ by L~lne - Dykov~tz, east by P. C~esano, south by Manhanse~ Avenue an~ ~st by A~glers R~d. Any ~rson ~esir~g to ~ hear~ on ~e a~e should ap~r at the t~ an~ ~ace a~e DecOr 14. 1961~ By Order of ~e Southol~ ~ ~oar~ of P~E P~L~SH O~E, ~R 29, 1961 ~ FO~ ~O (2) Co. les ~led to the following on Dec.er 2~, ~e Suffolk T~es ~e bong Island Traveler-~ttituck wa~ E~ard Costello, a/c BurrOs C~1, Inc. SHOULD APP~A~ AT T~ HEARING, STATE OF NEW YOi~K, ~ ss: COUI~TY OF SUFFOLK, j ...... :~?.:....Z(.,,,...~.~--.~..-.~...'.'.~..~,.';.~<_.A---..-..:~.~..-. ................ being duty Sworn. says that ._..?[~:~.~: ....... i~ P~nter ~d PubUsher of the S~'FOLX ~MES, a newspaper pub~shed at Green~, in sa~d county; and that the notice, of which the ~nnexed is a printed copy, has been published in the s~d S~fo~ ~mes once in each week, for .......................................................... .~.. f.~.~ .............................. week~ successively commenctn~ on the ......... ~[~.~:~..~.~.[~,,....~[b::...m~..~.~_ ..... day of .... ~ .% ~...~...~ .~ ~: &.)._ ........... d ay of ......~ ~.:~ .. $:...~.~.=~.~.:~.~: ...... 19.~..k. NEUA C KEOGH COR ' w ¥or~ ~n-rARy pUBLIC, State ........ .,_ 5Z.Z0938~v .., · J~' ~n Sutfot~ CoUnt__ Te~xp~eS March 30 19~'~ RECEIVED ~.~ BOARD OF APPEALS EDWARD T. C:OSTELLO A~rORNEY AND COUIqSELOR AT LAW Mr. Howard Terry Building Inspector Town of Southold Southold, New York November 20, 1961 RECEIVED Dear Sir: On behalf of Burt's Coal, Inc., of 429 Fourth Street, Greenport, New York, this application is made to divide certain property owned by it at Angler's Road and Manhanset Avenue, east of the Village of Greenport, in the vicinity of Gull Pond. The subject property is described as follows: beginning at the intersection of the northerly line of Manhanset Avenue with the easterly line of Angler's Road; thence along the easterly line of Angler's Road, north 21°24'10 east, 92.86 feet to land of Dykovitz; thence along said land of Dykovitz, south 75023'00'' east, 60.42 feet; thence along said land, and land of Levine and Brown, south 68035'50" east, 120 feet; thence south 21°24'10" west, 100 feet to the northerly line of Manhanset Avenue; thence along said northerly line of Manhanset Avenue, north 68°35'50'' west, 180 feet to the point of beginning. This property, together with many other parcels in the area, was subdivided on the basis of 60 x 100 and this was done prior to the enactment of the present zoning ordinance. There is a house on the property which is located on the most westerly 60 feet leaving 120 feet on the easterly side unimproved. The present owner wishes to sell and finds that to effect a sale it is necessary to divide the property so that the house is on a lot with 90 feet frontage on ~anhanset Avenue leaving an unimproved lot to the east of 90 x 100. Very truly yours, Edward T. Costello BO/~RD OF gppE,qLS k TOWN OF $OUTHOLD, NEW YORK AGTION OF THE ZONING BOARD OF APPEALS A~peal No. 426 Doted December 14, 1961 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To 429 Fourth Street Greenport, New York DATE~9~..~I 1962 Appellant at a meeting of the Zoning Boord of Appeals on Thurs., January 4, ~.962~_the appeal was considered and the action indicated below was taken on your I HECEIVED ~W--~4 ( ) Request for variance du. to lock of access to properly ( ) Request for a special exception under the Zoning Ordinance ~A~ 7 ,~0 iT (X) Request for a vorionc'e to the Zoning Ordinance ( ) BOARD OF APPEALS I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................ paragraph ................ of the Zoning Ordir~ance, end the decision of the SuJk:ling Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (EST), upon appli~ation'of Burt's Coa~, Inc., 429 Fourth Street, GreenpOrt, New York, for a variance in accord- ance with the Zoning Ordinance, Article ZZI, Section 303 and Article X, Section 1000A, for ~ermission to divide proporty into two lots with reduce~ frontage. Location of property~ north side Manha~set Avenue, Greenport, New York, bounded north by Levine - Dykovitz, east by P. Cassan6, south by Manhanset Avenue and west by Anglers Road. * * * 2. VARIANCF- By resolution of,the Board it ~vas determined that (a) Strict application of the Ordinance (would) (w~3uld not) produce practical difficulties or un- necessary hardship because (b) ..The Ftclrdship created (is) (is not) unique and (would) (would not) be shored.by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) chenge the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) b~ grant.ed ( ) be denied and that the previous decisions oJ~the Building Inspector ( ) be confirmed ( ) be reversed. A??KuVLu ~/Judith T. Boken, Secretary RECEIVED MAR 7 201: . . AS a result of investigation and inspection the Board finds that the applicant ~urcha~e~~ in the subd~vision. The westerly lot is improved and .the other 'two lots are/vacant.. The applicant proposes to enlarge the /mproved ~ot by 'increasing it to 90 feet and use the remaining 90 feet as a separate lot. The Board feels that inasmuch as all of the. lots in this development ar'e 60 feet £~ width permission should be granted the applicant to divide the 180 feet into two lots. The Board further finds that strict application of the Ordinance would produce practical difficulties or unnecessary ~ardship~ the hardship created ie unique and would not be shared by all properties al/ke ..!D.._th~ ..$u~mediate v~g!~ity 9f_ .this property and in the same use distr%ct and the variance ~oes observe the spirit of the ordinance and would not change the character of the district; therefore it was · ' ~ESOLVED.that Burt~s Coal, ~nc. be granted permission to divide property locate~ on the north side of Manhanset Avenue, Greenpe~t into t~o 90 ft. lots. DeSCription of westerly lo~ 'Beginning at an iron pipe set at the intersection 'of 'the northerly line of Manhanset Avenue with the easterly.line of Angler's Road; thence along the easterly line of Angler's Road, north 21"24~10" east, 92.86 feet to an iron pipe; thence along land of Pete£ Dykovitz; south 75~23~00'' east, 60.42 feet; thence along said land, and land of Samuel Levine and Edna A. Brn~n,-.~south.68".35'50'' east,. 30 feet; thence'along other land of Burt~s Coal, Inc., south 21~24'10~ west, 100 feet to the north- erly ~ine of Manhanset Avenue; thence along said northerly line Of Manhanset Avenue, north 68"35~50'' west, 90 feet to the point or place of beginning. . Description of easterly lot= Beginning at a point on the northerly line of Manhanset Avenue, which said point is south 68~ 35'50" east, 90 feet from an iron p~pe set at the intersection of the.northerly line of saidManhanset Avenue with the easterly line of Angler's Road; thence from said point of beginning no=therly 21~24~10' east, 100 feet to the land now or formerly of Samuel Levine and Edna A. Brown; thence along said land of Levine and Brown, south 68"35'50" east, 90 feet to land now or formerly of Cassano! thence along said land of Cassano, south 21"24'10" west 100 feet to an iron pipe on the northerly i/ne of Manhanset Avenue; thence along saidnortherly line of Manhanset Avenue, north 68"35~ 50: west, 90 feet to the point or' place of beginning. ~o~,.~ ..:~.~......~..~.. ,,.,.~... ~-'~ ~,,~,,~,...z~..~..~.......L.~ ................................ ~~~ ~ ..... x .......... ,. ............................................... ~--...~ ........ ~ ................... ~t~O~~ g ............ ........... TM 61-05 65~ St., ~ddle V~la~, N.Y.11379 ......... ' ...................... f~'g~'~,r .......................... .~' RMC~IVM~ Sram whe~r gUc~ h ~er, ~, ' .t ~,..~.,,~, ~gmeer, ~em~ c~t~tor, el~t~cian, p~r ~ bullet, ....................... ~T'"" ............................................................................................................ BOARD OF APPEALS BuIMe~s L~w ~ ............ , ...................................... ~r~J~'s ~ ~. ; ........................................... ]. ~imof~m~p~Mll~e. MopNo.: ........................................ ~ .................. S~t o~ Nu~r ~o ~ ~anset A~nuet Sout~16t ~ev Yo~k 2. Sta~ ~t~ ~ a~ ~ of p~ls~ a~ Inte~ ~ ~ ~ of p~ c~tl~: b. )n~n~ ~ ~ ~ ....... al~.,~.~q.J t g...~ma~aL ............................................................ 3. Nature of ~mrk [check which applicable): ding ..,~[ ............ Addition .......~.......~ ~..- ~.lr .................. Removal ..................Demolition ..i ................. Other Work ............................................. ~.. (Description)' (to be paid on filing this at~licatien) 5.If clwdling, number of dwelling units .......O...~..~.....(.]-.~......Nurnber of dwelling units ~n loch floor ..~jD~_..~,tJ) ......... If garage, number of cars ......~H~ ...................................................................................................... i ...................... 6.If business, commercial or mixed occupancy, specify nature and extent of each type of use ....N./.~ .................. Dlmes~sicm of ~ame structure with altmatio~s or additions: Front .......N.~..~.. ...................... Rear ...~/.~ .......... ~ ...... 8. Dimensions of entir~ new construction: Front ......,3.§ .......................... Rlor ....,.~i~ ................. De~th ...~.~ ................ 90 12. Doe~ prc~-,,,~-J co,4struction vlolato any zoning law, mdlnance or regulate: ...No. .................................................. 13, V~II Iotbumgraded...~:......~ ................ Willexces~flll bermma~df~mj~l~,~4_(x_~ yee PLOT DIAGRAM I.z~cate clearly and dl~tnctly all buildings ~/nether ~xJstlng or praposed, and Indcato a set-bock c~mensiorm from p.r~..rb/ I~ne.~. ~lve str~.', and block number or description according to dl~d, ond ~ow steer ngrn~ and nclicate RECEIVED MAR ? 2013 BOARD OF APPEALS STATE OF NE~O.~ I ¢ c ..~:,~.~ ........................................................... ~ing du¥ .om, ~s and ~ t~t he is ~, ~licanl (~ ~ ~iv~l signing c~ He is the ................................................................................................................................................................................. of ~id ~ ~nem, ~is duly a~or~ to peff~m or ~ ~r~ ~e ~id work a~ ~ ~ ond file ~ ~i~;~ all ~e~ con~n~ in this a~lic~i~ ar' t~e to ~e be~ of his ~l~e o~ belief; and ~ ~e ~'wlll ~ ~ In ~ ~r ~t fo~h in the a~llc~l~ fll~ ~e~l~. ~m~ me~ ....... .~..F/Z... u~ o~ ..~ ...................... , ~..Z~. ~ ~.,~ ~ ~ .~ ~ ~ N~ ~bl~,. .................................................. ~ ...~.~.~ _ . ................ ~_~C. ~Km~ (Sl~m ~ppllcant) ' B~O/kB-D OF A'PPE/~LS BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Germ-d P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Locatiot!: 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 FIINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 17, 2013 ZBA FILE: 6615 NAME OF APPLICANT: Thomas Spurge PROPERTY LOCATION: 3145 Manhanset Road, Greenport, NY CTM: 1000-43-1-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION.. The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a nonconforming size 9,000 sq. ft. parcel in the R-40 Zone. The property has 90.00 feet of frontage on Manhanset Avenue, 100.00 feet along the western property line, 90.00 feet along the northern property and 100 feet along the eastern property line. The property is improved with a one story single family dwelling, as shown, with alt the proposed additions, on the site plan prepared by Robert I. Brown, Architect, PC, and dated Oct. 31, 2012. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance for a +/-24ft. rear yard setback, where Code requires a 35ft setback, in order to construct a proposed two story addition above the existing one story structure. ADDITIONAL INFORMATION: The property was subject of prior ZBA decision #426, dated Dec. 14, 1961, whereby this parcel was divided from an adjacent parcel, and which created the existing nonconforming lot size. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a Public hearing on this application on January 3, 20i3, 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 oft he variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The single family dwelling was constructed in 1974 with the currently existing setbacks. The nonconforming rear yard setback will not be reduced or changed with the second Parc 2 or2-J=ua ,7,20,3 RECEIVED I ZBA File# 6615 - Spurge CTM: 1000-43-1-7 MAR 7 2013 story addition. Other properties within the neighborhood have principal structures with ~oncollfOl~ing setbacks, and this long established residential neighborhood has a mi~~~ngle fmily dwellings. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing rear yard setback is nonconforming to current Code, and the proposed second story addition above the existing building can not be built without a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing +28% relief from the code. However, this is mitigated by the relatively small size of this 9,000 sq. ff. parcel, the existing nonconforming building footprint, and the fact that all other setbacks conform to Code. 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 second story addition built above the existing structure will not require and land clearing or grading. 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 not been self-created, but is directly related to the location of the existing, nonconforming building footprint on this property 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 a second story addition with a nonconforming rear yard setback, 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, and duly carried, to GRANT, the variance as applied for, and shown on the site plan prepared by Robert I. Brown, Architect, PC, and dated Oct. 31, 2012. Any deviation from the su~ey, 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 as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minirnis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman (Chairperson,) Horning, Dinizio, Schneider, Goehringer. (5-0). es le anes el man, alrperson Approved for filing /] / ,9-~-/2013 This Resolution was duly adopted OWNER '~ O~JO LAND ? IMP. TOWN OF $OUTHOLD PROPERTY RECORD CARD IVILLAGE W; VL. FARM cOMM. IND. TOTAL DATE DISTRICT ACREAGE SUB. LOT ~,.E~IVED Total House Plot Woodland Swampland B. MISC. Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 BELOW ABOVE MAR ? ~013 OARD O~APPEALS I NEW NORMAL AGE BUILDIN TYPE OF BUILDING RECEIVED MAR A. Bldg. ,~0 ~¢~ ?~V ~xtension xte~li~ xtenslon reezewa, ~arage Porch Porch Bath Floors Interior Finish Hec~t Attic Rooms Ist Floor Rooms 2nd Floor BOARD OF APPEALS Foundation Basement Ext. Walls Fire Place Patio Driveway ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 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 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 8, 2013 Zoning Appeal No. 6615 ~_~~ Transmitted herewith is Zoning Appeals No. 6615 of Amy Martin for Tom Spurge- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, One Page of Photos of House (Both Sides), Bing Map of Area Surrounding Property, One Page of Property Record Card (Both Sides), Copy of Certificate of Occupancy No. 35899 for One Family Dwelling Dated August 20, 2012, Copy of Certificate of Occupancy No. Z10049 for Private One-Family Dwelling Dated July 25, 1980, Copy of Building Permit No 7160 Z for Build New One Family Dwelling Dated April 5, 1974, Copy of Letter to Building Department Dated March l, 1976 from Howard S. Sorgen, Copy of Notice of Disapproval from Building Department Dated November 21, 1961, Copy of Appeal from Decision of Building Inspector No. 426 Dated December 14, 1961, Copy of Letter from Edward T. Costello Dated December 19, 1961, Copy of Legal Notice Dated December 26, 1961, Copy of Letter from Edward T. Costello Dated November 20, 1961, Copy of Action of the Zoning Board of Appeals No. 426 Dated December 14, 1961, Copy of application for Building Permit Dated March 20, 1974, Copy of Survey Dated February 20, 1974 Prepared by Roderick Van Tuyl, P.C., Zoning Board of Appeals Findings and Determination No 6615 Dated January 17, 2013, Copy of Authorization Letter from Thomas Spurge to Amy Martin to Represent Him in this Matter, Copy of Notice of Disapproval Updated March 5, 2013, Copy of Survey Showing Property as is Exists Dated August 30, 2012 Prepared by Peconic Surveyors, PC, Six Pages of Plans Showing Elevations, Floor and Foundations Dated March 5, 2013 Prepared by Robert I. Brown Architect, P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: March 7, 2013 ZBA # NAME CHECK # AMOUNT TC DATE STAMP I RECEIVED 6615 Spurge, Thomas 5740 $500.00 MAR ''8 2013 I $outhold Town Clerk $SO0.O0 By ~V'I'__ Thank, ,ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/08/13 * * * RECEIPT * * * Receipt~: 147264 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6615 $500.00 Check#: 5740 Total Paid: $500.00 Name: Spurge, Nancy & Thomas 3273 Manhanset Ave. Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6615 BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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, APRIL 4, 2013 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 tt79, Southold, New York 11971-0959, on THURSDAY~ APRIL 4, 2013: 10:15 A.M. - THOMAS SPURGE - #6615 - Re-Opened per Board Resolution - Request for Variance from Article XXlII Section 280-t24 and the Building Inspector's October 12, 2012, Updated March 5, 2013 Notice of Disapproval based on an application for building permit to demolish and construct new single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, located at: 3t45 Manhanset Avenue Greenport, NY. SCTM#1000-43-1-7 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 priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town.Southold.ny.us Dated: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box t179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SPURGE, THOMAS #6615 MAP # 43.-1-7 VARIANCE SETBACK REQUEST DEMO/CONSTRUCT NEW DWELLING DATE: THURS, APRIL 4, 2013 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 ~2~ (~' 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 March 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, April 4, 2013 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 Suffolk Times. 1) Before March 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailinq (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 March 27th: 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 Posting for receipt by our office before April 2, 2013. 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Nam4 o f Al~licants) 8CTM Parcel it 1000- ,/-/~q -/- ~ COUNTY OF SUFFOLK STATE OF NEW YORK New-York, bei~ duly sworn, deposes and says that: On the /d° day of ,,4 C~/~_.. , 20/3, I personally mailed at the United States Post Office in ~ New York, by CERTIFIED MAIL, RETURN RECEIPT R[~UEST/ED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) 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 properly. Sworn to' before me this (Notary PUblic) ~ No. 011061905~6 ~ upaltfled nSuffolkCounty,/ ?LEASE List on the back o£this Affida',4t or un a sheet of paper, thc lot mm~be~ next to the owner names and addresses for which notices were mailed. Thank you. FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Date: 3/18/13 Adjoining lots to: Name: Tom Spurge Address: 3145 ManhansetRd. Greenport SCTM: 1000-43-1-7 As per your notice: 43-1-5 43-1-6 David & Susan Fiics 520 11th St Brooklyn, NY 11215 Isaak & Fay Lazaidis 25-11 46th St Astoria, NY 11105 43-1-9 Nancy Spurge PO Box 1260 Smithtown, NY 11787 (address known to us- address on file with tax receivers would cause mail to be returned) 43-4-12 43-4-6 Diana Retos 68 Keelers Dr Albany, NY 12208 Constantinos Dourmas John Simeonidis c/o Hercules packing 23-96 48th st Asstoria, NY 11103 $6.11 09q4 ~O.q6 $ $6.11 m l ~F~to~C I A L U S E $ ~O.q6 $3.10 $2.55 $0.00 TOWN' OF SOUTHOLD ZONING BOARD OF APPEALS $OUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- t//3 -/--- COUNTY OF SUFFOLK) STATE OF NEW YORK) r,~iAino 0 ~ , New York, being duty sworn, depose and say that: On the t>~7 day of~,~a~' 201 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior [o the date of the subject heating date, which hearing date was shown to be _,- .. -,-. _ Sworn to before me this ~ ~ ~. · Oayof~; I ,20~5 (Notary Public) * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete Itsm 4 If ~ Delivery Is desired. · Print your nerrme and address on the mveme so thet we can return the card to you. · Attach this ~ard to the back of the mailplece, 1. Article Addressed to: i.BiBiB~ec~wd by ¢ ~q~Na~) C. ~'~ D. Isdelive~addmsedlffem~f~m~ltmnl? rl~ If YES, en~. deilvePy addm~m bMow: r'INo [] Return Receipt for Memhandise I'1 C.O.D. 4. Restflcted Delivery? (EX~a Fee) I-I ye~ 2. Azttcle Number. PS Form 3811, February 2004 7010 1870 0003 6920 4105 · Complete items 1, 2, axed 3. ,Nso complete item 4 if ~ Delivee/Is desired. · P~fnt your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1, Article Addressed to: 2. A r~JclsNumb~. 7010 1870 0003 6920 PS Form 3811, February 20O~ Domestic Return Receipt 3. ~ Ce~lted MeJl [] ~ Mall 0 Reglata~d 0 Return Ra~pt for Memhandise [] I~ ~1 ~ C.O.D. 4. ~ ~~) 4129 · Complete itema 1,2, and 3. Ak~o coml~e~ Item 4 If ~ DMveq? b desired. :' ~ · PHntyournamear~ladl~lreeaonfllereveme -- · N. teAh~b~lto~flel~kofthem~e, PS Form 3811, ~ ~00~ [] ~ IMall O I~leUmd O Return Recelpt for Memhand~se r'l tneumd Mail [] C.O.D. 4. Restated Oeamy? (Ex~ Fee) OYes 1870 0003 6.J20 Domllll0 Relum ~ 4112 7011 1150 0002 4601 3198 _ 7011 1150 0002 4601 3228 1000 ~57~g U.S. POS~I~E ~P~[D i j GHEENPUHI.NY DEC 17.'12 $5.95 #11122 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 28th day of March, 2013. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 4, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town O~ Southold, thc following public hear- ings will be held by the SOUTHOLD fhi~ ' 11:15 A.M. - NICHOLAS and MARY ANTONUCCI/~o638- Request for Vari- ance from Article XXII1 Secfion 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an application for building pernilt for additions and alterations to existing single family dwelling: 1) less than the code required minimum front ~ar~d s~t back of 35 feet, tozated at: 770 Shipyard TOWN ZONING BOARD OF AP- Lane (corner Lamion Road) Southold, PEALS at the Town Hall, 53095 M_aha NY SCTM#1000-644-20 Road, EO. Box 1179, gouthold, New ~ ~ PM.. LESLIE L. LaVEC- York 119714}959. on THURSDAY ~ - Rrquest for Variance APRIL 4. 2013: ?_~0. A.M. - KIMOGENOR POINT. Opeqed per Board Resolution. Based on the Building Inspector's Marcb 5. 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision, 1) deemed a demoli- tion and :onstruction of new single fam- ily dwelling, l~atod at: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk NY. SCTM#1000-116-6-24.1 #6615 - Re-Opened per Board Resolu- tion - Request fpr Variance from Article Opened per Board Resolution Re- quest for Variance from Article XXII, Code Section 280-116B and the Building Inspector's February 11, 2013, Notice of Disapproval baaed on a building permit application for demolition and construc- tion of a new single family dwelling, at: less than the code re~luirod riprap set- back of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. ~rom Article III Code Section 280 15 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building ~n~t for an accessory in ground swimming pool, at: II accessory in ground swimm~g pool ~s proposed in a location other than the code required rear yard. located at: 908 Private Road ~2, (aka Birds Eye Road) Orient. NY. SCTM#10~0-17-2-1.5 ~ - Request for Vail- aaces from Article XXIII Section 280- 124 and Article III Section 280-15 and the Building Inspector's January 22, 2013 Notice of Disapproval based on an application for b~ilding permit for con- struction of a new single.family a~elling and accessory in-ground swimming pool: 11 less than the code required minimum front yarc setback of 35 feel 21 less than the code required minimum rear yard setback of 35 feet. 31 more than the code permitted maximum lot coverage of 20%. 4] accessory in-ground swimming pool proposed in a location other than the code required rear yard, located at: 300 Fiddler Lane (comer Meadow Lanel Greenport, NY. SCTM#1000-36-2-10 1'~0 P,M. - STEVEN and YVETYE EINCZJLG #6637 - Request for Variance ~xticlc XXII Section 280-116 (B) and the Building Inspector's January 9, 2013 Notice of Disapproval based on an ap plicatmn for building permit for demo- litlon and reconstruction of an existing single family dwelling at; 1) less than week(s), successfully commencing on the /l~rincipal Clerk __ day of {,, ~ ~L/L~' 2013. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01V06105050 Qualified in Suffolk County My Commission Expires Februory 28, 2016 the~code required bulkhead setback of 75 feet, located at: 3055 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM#1000-704-11 tg6640 - Request for Variances from Ar- new single family dwelling: 1) less than 680 Rabbit Lane (adj. to Gardiners Bay) BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 April 19, 2013 Amy Martin Fairweather-Brown 205 Bay Avenue Greenport, NY 11944 Re: ZBA Application #6615 - Spurge Dear Ms. Martin: Transmitted for your records is a copy of the Board's April 18, 2013 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincerel~ ~/9 Vicki Toth Encl. Cc: Building Dept., Southold Town Trustees 38 2 4 OARDINER$ BAY 14 2 NOTICE __Bt3~w"g COAL, INC. ~426 ! 429 Fourth Street Jan. 4, 1962 ~ Greenport, New York Page 1 ~ GRANTED permission to divide property located on N/S Manhanset Avenue, Greenport, New York. 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 ZBA FILE: 6615 NAME OF APPLICANT: Thomas Spurge PROPERTY LOCATION: 3145 Manhanset Road, Greenport, NY http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RE.CEIVED FINDINGS, DELIBERATIONS AND DETERMINATION dA N' 2 3 2013 MEETING OF JANUARY 17, 2013 ~O~.~~ CTM: 1000-43-1-7 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 11 category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a nonconforming size 9,000 sq. fi. parcel in the R-40 Zone. The property has 90.00 feet of frontage on Manhanset Avenue, 100.00 feet along the western property line, 90.00 feet along the northern property and 100 feet along the eastern property line. The property is improved with a one story single family dwelling, as shown, with all the proposed additions, on the site plan prepared by Robert 1. Brown, Amhitect, PC, and dated Oct. 31, 2012. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance for a +/-24ft. rear yard setback, where Code requires a 35ft setback, in order to construct a proposed two story addition above the existing one story structure. ADDITIONAL INFORMATION: The property was subject of prior ZBA decision #426, dated Dec. 14, 1961, whereby this parcel was divided from an adjacent parcel, and which created the existing nonconforming lot size. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3, 2013, 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The single family dwelling was constructed in 1974 with the currently existing setbacks. The nonconforming rear yard setback will not be reduced or changed with the second Page 2 of 2 - January 17.2013 ZBA File#6615 - Spurge story addition. Other properties within the neighborhood have principal structures with nonconforming setbacks, and this long established residential neighborhood has a mixture of one and two story single family dwellings. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing rear yard setback is nonconforming to current Code, and the proposed second story addition above the existing building can not be built without a variance. 3. Town Law §267-b{3}(b)(3). The variance granted herein is mathematically substantial, representing +28% relief from the code. However, this is mitigated by the relatively small size of this 9,000 sq. fi. parcel, the existing nonconforming building footprint, and the fact that all other setbacks conform to Code. 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 second story addition built above the existing structure will not require and land clearing or grading. 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 not been self-created, but is directly related to the location of the existing, nonconforming building footprint on this property 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 a second story addition with a nonconforming rear yard setback, 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, and duly carried, to GRANT, the variance as applied for, and shown on the site plan prepared by Robert 1. Brown, Architect, PC, and dated Oct. 31, 2012. 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 proper02 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. ~ote of the Board: Ayes: Members: Weisman (Chairperson,) Homing, Dinizio, Schneider, Goehringer (5-o) L~slie Kanes Wei~man, Chairperson Approved for filing ,] / This Resolution *vas duly adopted PROPOSED1 PROPOSED SECOND FLqOR ADDITtON PROPOS] STORY ADDIT :.D ONE S'~'ORY ADDI ION ON FIN~" '~ ~,EVIFWED BATED ALLOWADLE LOT COVERAGE: 1,800SF.(20%) TOTAL EXISTING: 892 DF PROPOSED: 809 SF TOTAL: i.701SF (i8.9%) I E;AS2D ON SURVEY OF DESC?JSED :*ROPER *Y Si FUATE NEAq O**.E'_LNPO~tl. ] OWN OF 50UTr StJfr:O_~ COuN Y. N.Y -AX ',XAP ',0. 0Q0-43-0~ -07 :,,ID KA',C> 5PL, RGE 5.q:vE~ EO MJGL~ST 30. 20! 2 A:L~TA - 9.000 SF.. O~ 0 907 A. 5i,i;~vc'XED ~v P~CONiC 5LJF<V~O~5. P.Q. 51TE PLAN ¢ECE.1V~cD 60AR, D O~ AppEALS 5PURGE RESIDENCE ,~,~wo~.~,o.o~ MANHANSET AVE. GREENPO~T. NY LPW FOR ANY PERSON, U~:r ~SS ACTING UNDER ~E (~ r :~;!(CT ~i'l OF A LICENSED :, TH~ Dt~AW~NG IN . .'~v~.momze~ ~'t4/ PAIRVV[~ATid~ DES!GI~ AS{}OCIAT~ NC. '",~7 'T;C~i f.%JST BE ,.9 !~_. a, ~N~ 2Q5 ~AY AV[:NUE ' ~'"q~'~;F~rXACCORD~OE GREENPO~T, NV I I~44 .... - , ~-87,~2 (Fax) 651-477-0973 IFINAL MAP ,LF ,EVIEWED aY OATEO l/r1 i o...~ FORM NO. 3 NOTICE OF DISAPPROVAL TO: Tom Spurge (Wagner) c/o Amy Martin 205 Bay Avenue Greenport, NY 11944 bt_)Ai41) .L)F: APPEAL~ DATE: October 12, 2012 Please take notice that your application dated October 10, 2012: For permit to construct additions and alterations to existing single family dwelling at: Location of property: 3145 Manhanset Road Greenport, NY County Tax Map No. 1000 ~ Section 4_}3 Block _1 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed additions/alterations to the existing single family dwelling, on a non- conforming 9,000 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming tots, measuring less than 20,000 square feet in total size, require a rear yard setback of 35 feet, the proposed addition is shown at 24.10+/- feet. ~ut~horized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthoid Town Building Department. CC: file, Z.B.A. Fee: $ Filed By: Assignment No. APP~AL~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF'~?PEALS AREA VARIANCE SCTMl000Section]//.~ Block ] Lot(s) 7 LotSiz//e ~/~//tZone/~'// I (WE) APPE, AL ~IE WRITTEN DETERMINATION OF THE BUILDING____INSP. ECTOR DATED /0//~t//~ BASED ON 84~R-¥~-Y/SITE PLAN DATED It Applicant(s)/Owner(s): ~ ~~ -., aoo. Telephone: o~eq -" ~a~/O Fax: ~0'~ Email: NOTE: In addition to the above~ please complete below if applicatio~ i~ ~igned by appli~ant'~ attorney, agent, 8rchitect, builder, contract vende~, ere, 8nd nsme of p,mort who 8gent rep~sen~: Name ofRepr~entafive: ~ ~/~*~ for (X~ner ()Other: Telephone: ff77-q75a 77-0 73 EmaiI:~Z4~o~T~. Ple~e chec* to s~c~ who y~ wis~o~ndence to be m~l~ to, from the above n~: ( ) Appli~n~Owner(s), (~ Author~ Repre~n~tive, ( ) Other Name/Address ~low: WHEREBY T[IE I~UILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED lO[~°]~ol~'- and DENIED AN APPLICATION DATED /o~2~/~ FOR: ' ~ (~Building~ ~Permit ' ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (lndicateArticle, Section, Subseetion of Zoning Ordinance by numbers. Do not quote the code.) Article: X tll 7Jo-/ S.hsee.o.: Type of Appeal. An Appeal is made for: ( I~ 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 ( ) Revers/al 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 o~ce for dssistance) Name &Owner: ZBA File// REASONS FOR APPEAL .(Please be specific, additional sheets may be use~..'t~l~dE~'"s;X?[' signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: ~¢~-kb~-,'hoo& is rn,~r> one. o..,~d -/too .M-~'~I 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: "1'he bo-,,$~, is .s.~ h,~dc. -C-i-o,',-, 'P~c. 3. The amount of relief requested is not substantial because: 4. Thc variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborbood or district hecause: 5. Has the alleged difficulty been self created? {~ Yes, or { } NO Why: Are there any Covenants or Restrictions concerning this land? { } No { } Yes (please furnish a 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. , Si~ture of ~(l~plicant or Authorized Agent ' ~gent must sut~ written Authorization from Owner) Sworn to befo ~e this J~ day Not,my Public CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Qualified in Suffolk County Commis~i~ n ~xO res April 14, 2~_k,~ APPLICANT'S PROJECT DESCRIPTION 1. For Demolition of Existing Building Areas Please describe areas being removed: ~rOO4[ II. New Construction Areas (New Dwelling or New Additions/Extensions): BOARD OF APPEALS Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IH. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: / ~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: _ Proposed increase of building coverage: Square footage ofyour lot: , 1~5' ~ Percentage of coverage of your lot by building area: V. Purpose of New Construction: ~ 80-~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 412012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premi/~es listed on the real estate market for sale? Yes v' No Arefihere any proposals to change or alter land contours? ~/ No Yes please explain on attached sheet. BOARD (..)F 'APPEALE 1 .) Are there areas that contain sand or wetland grasses? t'tO ./ 2.) Are those areas shown on the survey submitted with this application? N~_ 3.) Is the property bulk headed between the wetlands area and the upland building area? ~//~ 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? /4//~' Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~ ~ Are there any patios, concrete barriers, bulkheadspr fences that exist that are not shown on the survey that you are submitting? h/O Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? dO yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. you or any co-owner also own other land adjoining or close to this parcel? yt~-.-g Do If yes, please label the proximity of your lands on your survey. / Please list present use or operations conducted at this parcel St r~ ~6 '~ihn ~.~lr~.~ ~'~ ~'~l't ~ . (ex: existing single family, proposed: sam; with / garage, pool or other) [ ' Authorized s~tu're and Date Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 12, PROJECT NAME . PROJECT LCX~ATIO ' Municipafity County 4. PRECISE LOCATION (Street address and road~emectio~s, prominent landmarks, etc.. or provide ~) 5. PROPOSED ACTION IS..~_~ ~Modiflcaflon/alteraflon [] New L~ Expar~sion 6. DESCRIBE PROJECT BRIEFLY: Initially acres Ultimately · 00~ acres 8. WiLL PROPOSED ACTION COMPLy WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?o~,~.~ WHATI PRESENT LAND USE IN VICINITY OF P OJECT? Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE{~ERAL, STATE OR LOCAL)? ~] Yes [] NO If Yes, list agency(s) name and perrnit/approvals: 11. DOES ANY ASPECT~...~OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes J~No If yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PRO~ED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY T~AT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDOE I If the action is in the Coastal Area, and you are aetate aflency, complete the Coastal Assessment Form before proceeding with this assessment OVER ~L5 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617 4'.~ tf yes, cOordinate the review process and use the FULL EAF. B. W~LLACT~~NRECE~VEc~~RD~NATEDREViEWASPR~VtDEDF~RUNLISTEDACT~~N~iN6NYcRR~PART6176? IfNo, anegative declaration may be superseded by another invol~,~d agency. C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater qua fly or quantity, noise ~evels, existing traffic pattern, solid waste preduction or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agriCUltural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, she~ffi~h or wildr~ specJes, significant hab/tats, or threatened or endangered spedes? Explain briefly: C4. A community's existing plans o~ goals as officiaily adopted, or a change in use or intensity of use of land or other natural resources? Explairt briefly: C5. Growth, subsequent development, or related a ctivlt Jes likely to be induced by the propesod action? Explain bdefly: C6. Long tatar, short term, cumulative, or other effete not identified th Cl-C57 Explain bde~: C7. Other impacts (~ndudthg changes in use Of either quantity or type of energy)? Esplath briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITJCAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR I$ THERE LIKELY TO BE, CONTROVERSY RE!..ATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETr-~rMINATION OF SIGNIFICANCE (To be completed byAgency) INSTRUCTIONS: For each adverse affect ident;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); (bi probability of occurring; (c) duration; (d) irreversibility: (e) ge°graphic scope; and (fi magnitude. If necessary, add attachments or reference supportJng materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactei~,;.;,~ of the CEA ] Check this box if you have ~,~ ,[; ~:1 one or more POtentially la~e or significant adverse impacts which MAy oCCUr. Then proceed d~rectly to the FULl FAF and/or prepare a posiuve declaration. [] on thei.,o..a on nd.alys abo...dsnysu.po ng me.tstio.,thstthe ropasod a on ,, ,, o-x =~,,,~..,~m auveres enwronmental impac~:s AND provide, on attachments as necesea~, the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency TiUe of Responsible Officer Signature of ResPOnsible Officer in Lead Agency Signature of Preparer (if different from resPOnsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet ora farm operation located in an agricultural district. Ail 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. 3, Name of Land Owner (if other ~an Applicant):. 4. Address of Land Owner: 5, Description of Proposed Project:-'/o Cn~O,~ ~ ~ ~,Pt~m-'/-t~ 6. ~ocation of Property: (road and Tax map _ ~ ! - I ~ I 7, Is the parcel within 500 feet ora farm opemtlon? { } Yes {v}/No 8. Is this parcel actively farmed? { } Yes {iai/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 - '-"- APPEAr 5 (Please use the back of this page if there are additional property owners) Note: 1, The local Board will solicit comments from the owners o£ 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 oflhis statement. 2, Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3, Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above, The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohiblts conflicts of iaterest on the hart of town officers and emolovee~ The ouroose of this form is to urovide information which can alert the town of nossible conflicts of intorest and allow it to take whatever a~;gion is necessary to avoid same. TYPE OF APPLICATION: (Check all that apply) Tax grievance d Variance Change of Zone Approval of Pint Other (activity) Building Permit Trustee Permit Coastal Erosion ' Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name Of person empinyed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicantJagent/ropresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town off.acer or employee or his or her spouse, siblin~ parent, or child is (check all that apply): A) the owner of greator that 5% of the share~ of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or bene4~cial owner of any interest in a non-eorporato entity (when the applicant is not a corporation) -- C) an off.~cer, director, partner, or employee of the applicant; or D) the aetoal applicant DESCRIPTION OF RELATIONSHIP Submitted thi .~y of~_~ 20 . / 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 thc town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. r ~ ', ~OA~I..) OF APPEALS (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do yon 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 corporatio~n in which the town officer or employee owns more than 5% of the shares. / YES NO V If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): -- A} the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) -- C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /~ day of ~//~, 201~.~ PrintName ~/~ /~. /~) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, fl4filg~te~ 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 The Application has been submitted to (check appropriate response): Town Board [-~ Planning Dept. [--~Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: /.ff ~ Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~/[497t~.~.~/ (b) Mailing address: (c) Telephone number: Area Code (~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~/ If yes, which state or federal agency.9. 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, b (° {' b/ ~Yes [] No ~NotApplicable ,.~ , ~ t50ARD OF APPI-ALS Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~-~ No ~Not Applicable Attach additional sheets if necessary 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 [-~ Yes [] No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [-~ Yes [] No .~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [-~ No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ec,ol~eii/gihicluding Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~7(~ L Not Applicable BOARD OF APPEALS Yes No Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. F-~ Yes [] NoR Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~[Yes ~] No ~ Not Applicable 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~ No~,~NotApplicable ¢~o{d BOARD OF APPEALS Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~-] No~.Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No~/Notapplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; P. ages 65 through 68 for evaluation criteria. ~-~ Yes ~ No ~"/Not Applicable BOARD OF APPEALS Created on 5/25/05 11:20 AM Board of Zoning Anmmls Aoolication AUTHORIZATION (where the Applicant is not thc Owner) (Print property owner's name) (Mailing Address) ~L'~/~t,b t~/ ~r~,tffl to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Si ) (Print Owner's Name) h ,_SOUTH ELEVATION NOIR.TH ELEVATION ;:'7%~ THE ANY BOARD OF A~GE IR.E,_SI DENCE MANHANSET AVE.~ GttEENF'OfR.T, NY i 0/3 !/20 205 BAY' ©R[:ENPO~,F, N.~-'. mo3 I 4'??-~752 (Fax) G3 I u fflR`,ST FLOOR, PLAN I/~' = I'~,r¥ L D~Fulx.,DO v BPDRC)OM ,_SECOND FLOOR, PLAN SPUR. GE ~ESIDENCE MANHANSET AVE., GIREENPOR.T, NY 0/3 ,,:.0 ~ ~: 4c:, , -c r' ! . . ~-,IR.\,,,,_A/i,,_R DE._)I~N A~>~OCtAfF5 INC. 205 BAY AVENUE g3 i 4779752 ([:~x) G31-477-0~P73 BOARD OF APPEAL% DFUf~GE REDIDENCE , ~,,:~ ~r O~T~ ~ MANHANS~zT AV~ NY ...... G~EENPOET ' .... F UNDE~THE fwq i~0 x. A~)DO(.I ~T_>. INC. ' ~' t.:;) 205 ~AYAVENUD ' - CCORDANCE ~P ..... ~ N.Y, G3, 4, 7 37,~2 (fxax~ GBI-477-0~73 N AREA=9,000 SO. FT. NEAR / / ANY ALTERATION OR ADDITION TO THIS SURVEY IS A !40LATION OF SECTION 7209OF THE NEW YORK STATE EDUCATI(~! LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOP WHOSE S/ONA TURE APPEARS HEREON. SURVEY OF PROPERTY THE VILLAGE OF GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-43-01-07' SCALE: 1'--20' AUGUST JO, 2012 /CERTIFIED TO: THOMAS SPURGE /j~:2 g2/~) NANCY SPURGE STEWART TITLE INSU~.,-~A.N~.",, ~OAR[') OF APPEALS ~~%'~.,E,~;d'E~¢: NO. 49618 'PECONIC 'S~S, P:~. (631) 765-5020 FAX (651) 765-1797 P.O. BOX 909 · =MONUMENT 72JO TRAVELER STREET · =~,~ sour~o~o, ~.x .~ 12-237 Town of Southold Annex P.O. Box 1179 54375 Main Road Southold, New York 11971 BOARD C).~ APl:YE:AL5 CERTIFICATE OF OCCUPANCY 8/20/2012 No: 35899 Date: 8/20/2012 THIS CERTIiqES that the building Location of Property: SCTM #: 473889 Subdivision: SINGLE FAMILY DWELLING 3145 MANItANSET AVE, Sec/BlockJLot: 43.-1-7 Filed Map No. conforms substantially to the Application for Building Permit heretofore 1/1/1900 pursuant to which Building Permit No. was issued, and conforms to all of the requirements of the applicable provisions of the [aw. Thc occupancy for which this certificate is issued is: Lot No. fried in this ofliced dated 7160 dated 4/5/1974 one family dwelling. 8/20/12 This Certificate of Occupancy replaces COZ10049, dated 7/25/80, to confirm no changes have be~n made since original construction of the dwelling. The certificate is issued to Robert Wagner (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 5-SO-32 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office ........ So~thold, N.Y. Certificate Of Occupancy ~OARD :)F APPEALS THIS CERTIFIES that the building ................................................ U~o, of ~opm,~ ....... ~. ?.~.~...~....~...~. ?.e.t...*y..e~...e: ....... 9.~.e...?..~. ........... ~o,,~ No. /,~ ~m,,t ? .,~,t Cotmty Tax Map No. 1000 Section ............ Block ............... Lot ................. Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Apphcation for Building Permit heretofore filed in this office dated N~'ch ~0 19. ?.~pursuant to which Building Permit No. 71.60 Z dated ....A.p?..~....5? ........ ' ........ 19.77, was issued, and conforms to all o[the requirements of the applicable provisions of the hw. The occupancy for which th/s certificate is issued is ......... · ...... .~..xy~ .~.. 9~e.:.t...~..y. ~..e.z.z~a.~ .......................................... The certificate is issued to . ~ 8. end Gertrude 8. (ot~er, lesme or tenant) of the aforesaid buUding. Suffolk County Depa~b,e~tt of Health Approval .......................................... UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector RECEIVED BOARD OF APPEALS TOV,'N OF SOUTHOLD, NEW YORK AGTION OF THE ZONING BOARD OF APPEAL~ Appeal No. 426 Dated December 14, 1961 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTNOLD BurtWs Coal, Inc. To 429 Fourth Street Greenport, New York DATE ~9.~..~Z 1962 Appellant ~t a meeting of the Zoning Board of Appeals on Thurs., January 4, 1962 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ) be granted ( ) be denied pursuant to Article ................ Sectio~ ................ Subsection ................ paragraph ................ of the Zoning Ordiqance, and the decision of the Building In%oector ( ) be reversed ( ) be confirmed because t 7:30 P.M. (E~T), upon appli~ation'of Burt's Coal, Inc., 429 Fourth Street, Greenport, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, for permission to divide property into two lots with reduced frontage. Loc~tion of property~ north side Ma~nhan~set Avenae, Greenport,, New York, bounded north by Levir~ - Dykovitz, east bY P. Cassano, south by Manhanset Avenue and west by A~glers Road. * * * 2. VARIANCE By resolution of'the Board it ~was determined that ' ~E(]~]VE~* (a) Strict application of the Ordinance (would) (w~uld not) produce practical difficulties or un- necessary hardship because SEE REVERSE t::3OARD OF APPEALS (bk .The hardship created (is) (is not) unique and (would) (would not) be shared.by all properties alike in the immediate vicinity of this property and in the some use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance end (would) (would not) change the character of the district because a~d therefore, it was further determined that the requested variance ( ) be grant.ed ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APV uVED UJudith T. Boken, Secretary (C~ntinued from front) As a result of investigation and inspection the Board finds that the applicant ~urchased three 60 ft. lots in the subdivision. The westerly 10t is improved and .the other two lots are vacant.. The applicant proposes to enlarge the improved Lot by 'increasing it to 90 feet and use the remaining 90 feet as a separate lot. The Board feels that inasmuch as all of the. lots in this development a~e 60 feet fn'width permission should be granted the applicant to divide the 180 feet into two lots. The Board further finds that strict application of the Ord/nance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike ~.~h9 .~edia~e v%g!nitygf.~his property and in the same use d/strict and the variance ~oes observe the spirit of the Ordinance and W°uld not change the character of the district; therefore,it was ?" ' RESOLVED that Burt's Coal, Inc. be granted permission to divide property located on the north side of Manhanset Avenue, Greenpo~t into t~o 90 ft. lots. Description of westerly lo~: 'Beginning at an iron pi~e set at the ~ntersect~on 'of the northerly line of Manhanset Avenue with the easterly.line of Angler's Road; thence along the easterly line of Angler's Road, north 21~24~10'' east, 92.86 feet to an iron pipe; thence along land of Pete~ Dykovitz; south 75"23~00" east, 60.42 feet; thence along said land, and land of Samuel Levine and Edna A. Brc~n,.south.68o35~50" east, 30 feet; thence'along other land of BurrOs Coal, Inc., south 21°24~10'~ west, 100 feet to the north- erly line of Manhanset Avenue; thence along said northerly line 6f Manhanset Avenue, north 68"35'50'' west, 90 feet to the point or place of beginning. Description of easterly lot: Beginning at a point on the northerly line of Manhanset Avenue, which said point is south 68~ 35'50" east, 90 feet from an iron pipe set at the intersection of the.northerly line of saidManhanset Avenue with the easterly line of Angler's Road; thence from said point Of be~inning no=therly 21~24~10" east, 100 feet to the land now or formerly of Samuel Levine and Edna A. Brown; thence along said land of Levine and Brown, south 68°35~50'' east, 90 feet to land now or formerly of Cassano; thence along said land of Cassano, south 21~24'10" west 100 feet to an iron pipe on the northerly line of Manhanset Avenue; thence along saidnortherly line of Manhanset Avenue, north 68"35' 50: west, 90 feet to the point or place of beginning. ~5(,),~\RD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET "~) ~¢~-~3 - VILLAGE RES. IMP. LAND SELS. AGE ] DISTRICT I SUB. LOT ACREAGE TYPE OF BUILDING To to I House Plot Farm Acre Value Per Acre Value Tillable Tillable 2 Tillable 3 Woodland Swampland NEW NORMAL BUILDING CONDITION BELOW ABOVE VL. FARM CO/VWL IND. CB. j MISC. Extension I Bosement :~ / t Fi°°rs ~//~ Extension,~ Ext. Walb L/~/~z) G/ j~, Interior Finish Ext~ion Fire Place ' / Heo~' m Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O.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 November 19, 2012 Zoning Appeal No. 6615 Transmitted herewith is Zoning Appeals No. 6615 of Amy Martin for Thomas Source- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Thomas Spurge to Amy Martin to Represent him in this Matter, Notice of Disapproval from Building Department Dated October 12, 2012, Two Page of Photos of Property, Copy of Certificate of Occupancy No. 35899 for Single Family Dwelling Dated August 20, 2012, Copy of Certificate of Occupancy No. Z10049 for Private One Family Dwelling Dated July 25, 1980, Copy of Building Permit No. 7160Z to Build New One Family Dwelling Dated April 5, 1974, Copy of a Letter to Building Department Requesting Building Code Information Dated March 1, 1976 from Howard S. Sorgen-Owner, Copy of Application for Building Permit Dated March 20, 1974, Copy of Floor Plans with Approval for Electrical & Plumbing, Copy of Survey Showing Location of House Dated February 20, 1974 Prepared by Roderick Van Tuyl, P.C., Notice of Disapproval from Building Department Dated November 21, 1961, Copy of Appeal from Decision of Building Inspector No. 426 Dated December 14, 1961, Copy of Letter from Edward T. Costello to Board of Appeals Dated December 19, 1961, Copy of Letter from Edward T. Costello to Building Inspector Received December 8, 1961, Copy of Letter from Edward T. Costello to Building Inspector Dated November 20, 1961, Map for Burt's Coal Inc. & Surrounding Property, Copy of Legal Notice for Burt's Coal Inc. Property to be Divided into Two Lots with Reduced Frontage Dated December 29, 1961, Certification that Legal Notice was Published in the Suffolk Times Dated December 24th 1961, Action of the zoning Board of Appeals No. 426 Dated January 9, 1962, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated August 30, 2012 Prepared by Peconic Surveyors, P.C., Four Pages of Site Plan Showing Floor Plans and Elevations Dated October 31, 2012 Prepared by W/Fairweather Design Associates, Inc. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/16/12 * * * RECEIPT * * * Receipt'8: 143366 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6615 $500.00 Check#: 798 Total Paid: $500.00 Name: Fairweather & Brown, Management Corp 205 Bay Avenue Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6615 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/16/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6615 Spurge, Thomas 798 $500.00 NOV I 6 2012 $500.00 By lc Thank,,ou. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 3, 2013 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, JANAURY 3 ~ 2013: 10:30 A.M. - THOMAS SPURGE - #6615 - Request for Variance from Article XXlll Section 280-124 and the Building Inspector's October 12, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenport, NY. SCTM#1000-43-1-7 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.Tot h~,,Town. Southold. ny.us Dated: December 10, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 3rd 3rd day of JanuaryI 2013.~ Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY 3, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, FO. Box 1179, Southold, New York 11971 0959, on THURSDAY JAN- UARY 3. 2013: 10'.30 A.M. - THOMAS SPUR_GE - 06615: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October 12, 2012 Notice of Disapproval based on an ap- plication for building permit for addi- tions and alterations to existing single family dwelling: 1) less than the code re- quired minimum rear yard setback of 35 leer, loc,, ~d at: 3145 Manhanset Avenue Greenp~ et, NY. SCTM#1000-43-1 7 10:45 A.M. - MARIUSZ JACHIMO- WICZ - 06612 - Request for Variances from Article XXIII Code Section 280- 123 and thc Building Inspector's No vembcr 9, 2012 Notice of Disapproval based on an application for building per- m~ Iol "as built" alteration/addition It> an existing dwelling at; 1 ) a nonconform- ing building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless the usc of such building is changed to a conforming usc the "as built" structure is considered a second dwelling on the p~opcrty, located at: 9395 Main Road Mattituck. NY. S(T M#1000 122-6-18 11:00 A.M. - NEW SUFFOL~K WATERFRONT FUND. INC- and I{OBIN'S ISLAND HOLDINGS. LLC - #6616 Request for VarLimces t¥om Art. XllI Code Section 280 56 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an ap- plication for a pemLit for a minor sub- division at; 1) lot size less than thc code required 80,000 sq. ft. per Bulk schedule in MIl District, 2) lot size less than the code required 160,001} sq. ft. for thc pro posed second use, located at: 650 and 380 First Street (corner Jackson Street. Main Street) (adj. to Cutchogue Harbor) New Suffolk,NY. SC~l'Mgl000 117-8 18&19 11:20 A.M. - NEW SUFFOLK WA- T_ _E~RFRONT FUND. INC. - 06617 Re quest for Special Exception per Article Xlll Section 280 55 (B) 1 to operate a restaurant in a Marine 1I (Mil) Dis- trict, located at: 650 First Street (corner Jackson Street, Main Street) (adj. 1o Cutchogue Harbor) New Suffolk, NY. SCTMgl000 117-8 18 11:45 A.M. - PETER and DIANE MOLLICA - 06618 - Request for Vari ance from Article II1 Code SectLim ~80 15 and the Building Inspector's I)ecem- bec 3, 2012 Notice of Disapproval based on an application for building permit for an accessory in ground swimming pool at: l ) accessory in-ground swimming pool is proposed in a location other than the code required rear yard, located at: 50 Schooner Drive (corner Anchor Lane) Southold, NY. SCTM#10(XI 79-4-2 12.'00 P.M. - BETTY HERMA~ - ~614 - Applicant requests a Spec Exception under Article I11, Secti 280 13B(13).lEe Applicant is thc ow~ requesting authorization to establish Accessory Apartment in an access~ structure, located at: 305 North B; view Road, Extension, Southold, b SCTM#1000 78 8 16.1 day of Principal Clerk ~ ~ ~'~,,/k~.'~ 2013. NOTARY PUBLIC-STATE OF NEW YORK No, 01VO6105050 Qu~llfled in Suffolk County 12:20 P.M. - MICHAEL HIRSCHHORN g6619 - Request Variances from Article XXIII Secti 280 122A and the Building Inspect¢ December 4, 2012 Notice of Disappro based on an appLication for building p mit tot additions and alterations to existing dwellit~g al:' (1) a nonconfor ing buLiding containing a conforming ~ shall not be enlarged, reconstructed structurally altered or moved, provk such action does not create any n nonconformance or increase the deg~ of nonconformance, Pursuant to thc terpretation of Walz (5039) such ahe lions will thus constitute an increase Ibc degree of nonconformance: (a) 1 than the mininmm side yard setback of feet, (b) less than the minimum combir side yard setbacks of 25 feet, Iocaled 280 Sound Avenue (adj. to Long Isle Sound) Peconic, NY. SCTMg100P, 67 1 The Board of Appeals will hear persons or their representatives, de: lng to be heard at each hearing, and desiring to submit written stateme before the conclusion of each heart Each hearing will not start earlier th designated above. Files are available review during regular business ho~ and prior to the day of the hearing. you have questions, please contact c office at, 1631) 765-1809, or by cm Vicki.TothO~Town. Sout hold .nv. un, Dated: December 11, 2012 ZONING BOARD OF APPEA LESLIE KANES WEISMAN, CHAI PERS( BY: Vieki TI 54375 Main Road (Office Loeati~ 53095 Main Road (Mailing~JS1 P.O. Box D 10 996-1T 1/3 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS '" .~~of Applicants) SCTMPareeI# 1000- ,L//.~ _ / - 7 COUNTY OF SUFFOLK STATE OF NEW YORK I, New York, being djdly sworn, deposes and says that: On the /{ da..y ofC'~~ 20/~, I personally mailed at the United States Post. Office in f_,4La~t,O-c.~. , New York, by CERTIFIED MAIL, RETURN RECEIPTc~QUt~STED, a true copy of the attached Legal Notice in Prepaid envelopes ad'dressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) 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~ ~ ~/ (Signature) Sworn t6 before me this day of._.~'~-'-~ ,201 ¢:~ (lqotat3' PUblic~" ' ' ' 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of //~ff (Na ~of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM/arcel #I000-/~..~-/J / C(fUNTY OF SUFFOLK) STATE OF NEW YORK) . ~g/_~94~ , New York, being duly sworn, depose al3d s~ty that: O~he ~ day of k/~)~. 1' ,2013 , I personally placed the Town's Official Post/er, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* [ hereby confirm that the Poster has remained in place for seven (7) days prior to the ~ature) dwom to before me this Dayof .9 ,201 D (Notary Public) * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can rel[grn the card to you. · Attach this card tO the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. A~ticle Number (Transfer from service label) A. Srgnature [] Agent by ( ~P~ted Name) D. Is delivery address different flora,Rem t? [] Yes If YES, enter deliven/address b~ow: [] No 3. ' eType ~r~ified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes 7011 1150 0002 4601 3211 PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete Items 1, 2, ahd 3: A~o 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: 2. Article Number (Transfer from sengce ~a~e0 D. Is delivery eddres~ different from item 17 [] Yes If YES, enter delivery eddress below: [] No [] Express Mail [] Return R~ipt ~of Men~h~ndlse I-~ C.O.D. Type 3. ~ed Mail [] Reg~md [] Insured Mail 4. Reetdcted Delivery? (Extra Fee) [] Yes 7011 1150 0002 4601 3204 PS Form 3811, February 2004 Domestic Retum Receipt 102~.~S-02-M-t540 FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Date: 12/16/12 Adjoining lots to: Name: Tom Spurge Address: 3145 Manhanset Rd. Greenport SCTM: 1000-43-1-7 As per your notice: 43-1-5 43-1-6 43-1-9 43-4-12 43-4-6 David & Susan Flics 520 11th St Brooklyn, NY 11215 Isaak & Fay Lazaidis 25-11 46th St Astoria, NY 11105 Nancy Spurge PO Box 1260 Smithtown, NY 11787 Diana Retos ~,/ 68 Keelers Dr Albany, NY 12208 Constantinos Dourmas John Simeonidis c/o Hercules packing 23-96 48th st Asstoria, NY 11103 (address known to us- address on file with tax receivers would cause mail to be returned) L $2.95 $5.95 12/17/2012 [:3 u3 $2.9 ,~ ~%". ..J3 Postage r~ (Endorsemer tt Req ulted) Here ~ (Endomement R~uJr~ ~.~ or PO ~OX NO. n Postage .:3' i'--I (Endorsement Required) [::3 ..D Postage $ ~)~ $2.95 ,¢ KLm ~ ) ~ (Endorserr~ntRequlmd) 2012 ~.. c3 ~' (Endorsement Required) r~ Total Postage & Fees 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: ~outhtown .north fo~rk.net December 10, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, January 3,2013 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 Suffolk Times. 1) .Before December 17th: 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 an letter is returned to ou undeliverable ou are re uested to make other attem ts to obtain a mailin address or to deliver the letter to the current owner to the best of our abilit and to confirm ~ were made in either a written statement or durin the hearin rovidin the returned letter to us as soon as ossible- _AND not later than December 24th: 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 Dece~nber 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin for receipt by our office .before December 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 Ends NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME SPURGE, THOMAS #6615 MAP # 43.-1-7 VARIANCE SETBACK REQUEST ADDITIONS & ALTERATIONS DATE: THURS, JAN. 3, 2013 10:30 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 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 January 18, 2013 Fairweather-Brown 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6615 - Spurge Dear Ms. Martin: Transmitted for your records is a copy of the Board's January 17, 2013 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. Sincerel~yQ_~\ Vicki Toth Encl. Cc: Building Dept. COUNTY OF SUFFOLK Reap Property Tax Service.~ N 42 )F 17 28 3 20 13¸1 GARDINERS ~AY