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HomeMy WebLinkAbout6623 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 htt p://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED 2 8 2013 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21, 2013 ZBA FILE: 6623 NAME OF APPLICANT: Peter and Teresa Benotti SCTM#1000-89-3-11.4 PROPERTY LOCATION: 930 Clearview Road, (adj. to Cedar Beach Harbor) Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type li category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suftblk County Department of Planning issued its reply dated January 14, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 31, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a two story single family dwelling in the R40 zone district. It has 133.27 feet of frontage on Clearview Road, 385.00 feet along the northern property line, 100.06 feet on Cedar Beach Harbor and 499.38 feet on the southern property line as shown on the survey dated 4/13/05 prepared by Destin G. Graf, LS. BASIS OF APPLICATION: Requests for Variances under Sections 280-105 II (A and B), based on the Building Inspector's November 15, 2012, updated March 5, 2013 Notice of Disapproval concerning "as built" 5 foot high fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet in height when located in a front yard, 2) fence height at more than the code permitted 6 'A feet in height when located in the side and rear yards. UPDATE - 1) fences located in the front yard of residential zones shall not exceed four feet in height. RELIEF REQUESTED: The applicant requests variances to maintain the as built fence in the front yard at a height of 5 feet where the code permits a maximum height of 4 feet and to maintain the as built front yard deer fencing at the height of 8 feet where the code permits a maximum height of 4 feet. ADDITIONAL INFORMATION: A letter in support of the application was received. During Board deliberations on February 28, 2013, it was discovered that the Notice of Disapproval on this application, dated November 15, 2013, may have been written incorrectly. Further research confirmed this to be the case because the fence code Page 2 of 3 March 21, 2013 ZBA File#6623 - Benotti was changed to allow 8 foot deer fencing in residential zones, provided they are located in the side and rear yard not exceeding 8 feet in height and a building permit is obtained. As a result, the ZBA requested, on its own action, an amended/updated Notice of Disapproval from the Building Department which was received on March 5, 2013. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 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 requested relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. While the desire to protect property from damage caused by foraging deer in this neighborhood resulted in the installation of non-conforming fencing on the front yard areas of the applicant's lot, the Board cannot condone such activities since it would alter the character of this and other residential neighborhoods and undermine the existing Town code. 2. Town Law l~267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue. The applicant can achieve code compliance by reducing the height of the deer and decorative fencing in the front yard areas. 3. Town Law. 267-b(3)(b)(3) The variances requested herein are mathematically substantial. The fence located in the front yard of 5 feet represents a 25% relief request from the code, the portion of fencing in the front yard at six feet in height represents a 50% relief request from the code and the portion of the 8 foot fence in the front yard represents 100% relief from the code. While the Board has considered the applicant's argument that it is an economic hardship to remove or reduce the height of the non-conforming as built 5 foot high decorative fence and the as built 6-8 foot high deer fencing in the front yard areas, the hardship is admittedly self- created and the Board finds that, in and of itself, economic hardship in this circumstance is not sufficient reason to grant such substantial relief from the code. 4. Town Law ~267-b¢3)(b)(4) The variances requested in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. While Town Code permits 8 foot high deer fencing in residential zones in the side and rear yards, the code is clear that deer fencing in a front yard location is deemed to be inappropriate in scale and appearance and therefore out of character with residential neighborhoods. 5~ Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 1~267-b. Denial of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of more code compliant residential fencing 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to DENY as applied for and shown on the survey by Destin G. Graf, Land Surveyor, dated 04/13/05 and hand color coded by the applicant to show the height and length of the as built fencing on the subject property. Page 3 of 3- March 21, 2013 ZBA File#6623 - Benotti SCTM: 1000-89-3-11.4 Vote of the Board: Ayes: Members' Weisman (Chairperson), Goehringer, Horning, Schneider This Resolution was duly adopted (4-0). Approved for filing '-~ /~/~ /2013 JOB No. 03o34B1 TAX I.D. No 1000-89-03~11.4 oRCHARD LA ,- . PPA~NT ~W WATER [ 09/07/04 ] ~ LINE OF ~YB~ES TO ~//~o~} JAN 3 20f3 SANITARY LOOATIONS BOARD OF App~A~S SURVEY PURPOSE: CONVEYANCE OF PROPER~ for~.~p~,~m~ar,~t~m~;.u~.,~ BAWIEW, TOWN OF SOUTROLD ~, SUFFOLK CO~N~, NEW YORK ""'"~ DATE: 04113/05 SCALE: 1" = 40' CERTIEIED,ONEY 70: ', PETER B~N~ANbTERESABENO~I , DESTIN G., G~F ......... ,, ~ND sURVEYOR ( FIDELI~ NATION~ BY DES~I~ G: GRAF ~?;S?~?N~. ~00~' (63~ '~ ~u ~ OFFICE LOCATION: /'~ ~ Town Hall Annex ~/~ 54375 State Route 25 '~-,~-~,~, (cor. Main Rd. & Youngs Ave.) LOC~ WATERFRONT RE~T~IZATION PROG~ TO~ OF SOUTHOLD M EMORAN DU M RECE]VED MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 FEB t: To: Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: January 31,2013 Re Coastal Consistency Review for ZBA File Reft PETER and TERESA BENOTTI - #6623 The applicant requests Variances under Sections 280-105 II (A and B), based on the Building Inspector's November 15, 2012 Notice of Disapproval concerning "as built" 5 foot high fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet in height when located in a front yard, 2) fence height at more than the code permitted 6 ~ feet in height when located in the side and rear yards, at 930 Clearview Road, (adj. to Cedar Beach Harbor) Southold; CTM 1000-89-3-11.4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "Z" which states: Z._~ Split rail fences or fences used to control nuisance wildlife that do not interfere with the public's rights of passage along the foreshore. The deer fence does not interfere with the public's rights of passage along the foreshore. Cc: Jennifer Andaloro, Assistant Town Attorney COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner January 14, 2013 BOARD OF APPEALS Division of Planning and Environment Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements o f Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Benotti, Peter & Teresa Hoey, Robert & Margaret 6623 6624 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-5161 TO: Peter and Teresa Benotti 930 Clearview Road P.O. Box 1515 Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 15, 2012 Updated: March 5, 2013 Please take notice that your application dated November 9, 2012 For permit to allow "as built" 5 foot high fence in the front yard and "as built" 8 foot high deer fence in the front yard around a single family dwelling at: Location of property: 930 Clearview Road Southold, NY County Tax Map No. 1000 - Section 89 Block 3 Lot 11.4 Is returned herewith and disapproved on the following grounds: The "as built" 5 foot fence in the front yard and "as built" 8 foot high deer fencing in the front yard around this existing single family dwelling, on a conforming lot, in the Residential R-40 District, is not permitted pursuant to Article XXII Section 280-105 II (A) & (B), which states; "Fences located in the front yard of residential zones shall not exceed four feet in height." "As built" fences in the front yard are 5 and 8 feet in height. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Peter and Teresa Benotti 930 Clearview Road P.O. Box 1515 Southold, NY 11971 DATE: Novemb~5, ~It:~EIVED Please take notice that your application dated November 9, 2012 BOARD OF APPEALS For permit to allow "as built" 5 foot high fence in the front yard and "as built" 8 foot hiEh deer fence in the front, side and rear yards around a single family dwelling at: Location of property: 930 Clearview Road Southold, NY County Tax Map No. 1000 - Section 89 Block 3 Lot 11.4. Is returned herewith and disapproved on the following grounds: The "as built" 5 foot fence in the front yard and "as built" 8 foot high deer fencing in the front, side and rear yards around this existing single family dwelling, on a conformin? lot, in the Residential R-40 District. is not permitted pursuant to Article XXII Section 280-105 II (A) & (B), which states; "Fences located in the front yard of residential zones shall not exceed four feet in height and when located in the side and rear yards shall not exceed 6 ½ feet in height." "As built" fences in the front yard are 5 and 8 feet in height, and "as built" fence in the side and rear yard is 8 feet in height. / ' Autliori~z~d Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthold Town Building Department. cc: file, Z.B.A. r RECEIVED Filed By: Assignment No. I~OARI3 nF~PPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo. q30 Street ~L[~R~/[~) /~q/Hamlet 50(d7~0Z-~ SCTM 1000 Section ~ Block--~ Lot(s). ~/~ ~/ Lot Size Zone I (-WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED /~t~t/' 15, ')..019,"BASED ON SURVEY/SITE PLAN DATED Applieant(s /Owae.): Mailing Address: ~ j~O~ /~'~ / ~" ~0~4 ~-/1/0~ ~Y Telephoae:~~/ ~)'/ ~'~ax: Email: /O~/C~/ ~/q0L, ~ ! NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: P,.l~a~f check to specify who you wish correspondence to be mailed to, from the above names: 0~ Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREB~Y .T.I~. ~/~,oILDING INSPECTOR REVIEWED SURVEY/SITE PI~A~ DATED '/ Z~_//'._~_ ,o ~' and DENIED AN APPLICATION DATED/_///~/[L.; FOR: (10 Building Permit ~ ' ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) f/--/~ .-- t~'g~ Article: e~// Section: ~g~ t~'-~ Subsection: /[ /~ /~ Type of A~peal. An Appeal is made for: (~ A Variance to the Zoning Code or Zoning Map. ~ ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ~ ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Ot~er A prior appeal ( ) has, (~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name o£ Owner: ZBA File# ~r RECEIVED REASONS FOR APPEAL .(Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or ~ l~)~maz, h~ ...... prope~.ies ifgraqted, because: ~ t£,lazib Id qg~$q"t~l0 IJ ~,*'~//n ")~t. /~;~ 2. The benefit sou~t by ~e applic~t CABOT be achieved by some method feasible for ~e applic~t to pursue, other~an<areav~i<ce, because', , , , ' ~, .e ~c~ ~m ~ecn~. ~Aft~ 3. The amotmt of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental c,onditions in the neighborhood or district because: ~/K ,O,q¢' a't~fl/~ ,n/~:n/~ D,)t~ .,t/~/./t.g. ~,~ld.~ /,),~c~ ~'~.~.c ,v,7',~ S. Has the alleged difficulty been self created? {1~} Yes, or { } No Why: Are there ~y Coven~ts or Res~ictions concemNg this land? {~o { } Yes (please ~ish a copy) ~is is ~e M~I~M ~at is necess~ and adequate, ~d ~ ~e s~e time prese~e ~d protect~ ch~acter of ~e neighborhood ~d the he~, safe~ and welf~e of the co~uniW. (Agent mu~ submit wri~en Au~ori~ion ~om Owner) Swo~efore me this ~ day of ~ ,~ ~. Building Office Southhold NY Peter N Benotti MD 930 Clearview Rd Southold NY 11971 November 6, 2012 This letter will accompany an application for a building permit for a perimeter deer protective fence on our property at 930 Clearview Rd, Southold NY. This is a somewhat difficult and ackward situation for me as we are filing this application for retroactive approval and variance as we have had a fence constructed which is in violation of the code. Before explaining further, I want to emphasize that I am fully aware that I have made a mistake and am prepared to accept the consequences. In April of 2011, I submitted an application for a 6 foot perimeter post/wire deer fence. This application was approved by the town Board of Trustees. We then began negotiations with Reliable Fence Company. The company consultant indicated to us that a 6 foot fence was insufficient for deer protection and that he suggested an 8 foot agricultural deer fence which, he stated, was approved by the town. He also indicated that such 8 foot deer fences are being erected to protect farmlands in Southold from the increasing deer problem. We followed the recommendations of the fence consultant and erected an 8 foot Agricultural deer fence on the property sides and rear, and a 5 foot fence in the front. I admit that I forgot to check the original approved permit to be sure that this was acceptable to the town. We made an honest mistake and did not try to bypass any regulations. The fence was constructed at a cost of $16000. In September, 2012, we notified the town that the job was completed. The site was re-inspected by the Trustees who documented the violation in fence height and referred the issue to the Town Building Office. I was unaware that a building permit was necessary for the construction of a deer protective fence of this type. Because of the huge cost of rebuilding the fence, we would like the Town to consider ~is request for retroactive approval and a variance. %%OAR/~ OF' ~pPEAL5 APPLICANT'S PROJECT DESCRIPTION 1. For Demolition of Existing Building Areas Please describe areas being removed: DATE PREPARED: ~.~ ~r RECE~Vr~, [~OARD 0t-. A~,PEb, L.S II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: -/, Number of Floors and General Characteristics BEFORE Alterations: 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: fi/ONt. Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: ~O VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): _/)r-~~. .'~' ,.__ 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 oRC~AP'D LANE CEDAR ~ BEACH ~. :~ "ARBOR R~EIVED ~: JAN ~ ?~ ~ DESTIN G, GRAF LANDSURVEYOR QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premisfs listed on the real estate market for sale? Yes g No Are there any proposals to change or alter land contours? / No Yes please explain on attached sheet. _il.c( RECEIVED 1 .) Are there areas that contain sand or wetland grasses? ]'V/~ 2.) Are those areas shown on the survey submitted with this application? ~ 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have y? contacted the Office of the Town trustees for its determination of jurisdiction? q&~ Please confirm status of your inquiry or application with the Trustees: ~;,'gJ Iq, r~.c ,~t ~ -~ ,2.. and if issued, please attach copies of permit with condition~ ~.dd approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? t~¢ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /~t0 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? /ItS If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. H. 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. I. Please list present use or operations conducted at this parcel t~,~t,~i'tt:a¢ ~ (vd [C and the proposed use X;~.~ta; /O."rt~· .~ . (ex: exist~g single family, proposed: same with garage, pool or other) AuloriO~[ sigt~ttffr~'anld Da~ ~ u" Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 7529A Date of Receipt of Application: April 1, 2011 Applicant: Peter Benotti SCTM#: 89-3-11.4 Project Location: 930 Clearview Road, Southold Date of Resolution/Issuance: April 20, 2011 Date of Expiration: April 20, 2013 Reviewed by: Board of Trustees Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 r RECEIVED JAN 3 ?0!3 Project Description: To construct an 8'x12' shed, install a 6' postJwire deer fence and install an electric light on the fence at the beginning of the path to the dock. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the site plan prepared by Peter Benotti, received on ApHI 1,2011, and stamped approved on April 20, 2011. Special Conditions: None. Inspections: Final inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Jill .~Doherty, ~res~d t Board of Trustees JMD:eac James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RECEIVED JAN 3 CERTIFICATE OF COMPLIANCE BOAR. # 0829C Date: December 11, 2012 THIS CERTIFIES that the construction of an 8'x12' shed; installation of post/wire deer fence and installation of electric light on the fence at the be~nning of the path to the dock At 930 Clearview Road, Southold, New York Suffolk County Tax Map # 89-3-11.4 Conforms to the application for a Trustees Permit heretofore filed in this office Dated April 1,2011 pursuant to which Trustees Administrative Permit #7529A Dated April 20, 2011, was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The.project for which this certificate is being issued is for the construction of an 8'x 12' shed; installation of post/wire deer fence and installation of electric light on the fence at the beginning of the path to the dock The certificate is issued to PETER BENOTTI owner of the aforesaid property. FORM NO. 4 T0~ OF S0UTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF 0CCUP~/~CY r RECE~[VED JAN 3'~'~ ~ No: Z-30796 ~te: 03/03/05 · ~{IS (~RTIFI~ t~t the ~ildi~ NEW DWELLING Location of Pro~zty: 930 CLEARVIEW RD SOUTHOLD (HOUSE NO.) (STREET) (Hl%MLET) County Tax Map No. 473889 Section 89 Block 3 Lot 11.4 Subd/vision Filed Map No. __ Lot No. conforms s~stantially to the Application for Building Permit heretofore 'filed in this office dated 0-JNE 7, 2004 pu~s,,n~t to wb/ch Building Petit No. 30418-Z dated JUAIE 22, 2004 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 F~4ILY DWELLING WITH COVERED PRONT PORCH, REAR DECK~ SECOA~D FLOOR BALCON~f ~ ATTACHED TWO CAR GA-~AGE ~ APPLIED FOR. · ~ne certificate is issued to LEECOLE CORP of the aforesaid building. ( OWNER ) ~uF~OLK C~)~rY DEP~/~TT~ENT OF HF, ALT~APPROVAL R10-03-0144 02/16/05 EI~IC~%L ~RTIFICA~ NO. 120737 02/07/05 PLUMBERS C~TIFICATION DAT]~D 02/28/05 ~/4THO~f BOLEN rized Signature Rev. 1/81 $ 25o49,40"W 100.06' -~' CEDAR BEACH HARBOR CERTIFIED ONLY TO: REDDY INDUSTRIES INC. SURVEY OF: LOT" C" MAP OF MINOR SUBDIVISION FOR ROBERT AND ALDONA NORKUS B^YVlEW, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DESTIN G. GRAF LAND SURVEYOR 7013 F, FPEALS 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FQRM RECEIVED For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) JAN 1. APPLICANT/S:O_~NSOR ,--' 12. PROJECT NAME j12~-- ! ~./~ ~'1~"0-/~ ! I BOARD OF APPEAl S 3. PROJECT LOCATION: Municipality Sa~77*O/- ~ /~l~y County 4. PRECISE LOCATION (Street address and road interss(~ions, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: [~.ew [] Expansion [] ModifissUon/alteration 7. A~U~ OF ~ND AFFECTED: a~s Ulfima~ly a~s 8. ~LL PROPOSED A~ION COMPLY ~ ~I~ING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS? ~ Res~ential ~ I~ustdal ~ C~merdal ~ Agd~ltum ~ Pa~ores~n Spa~ ~ Ot~r 10. ~ES ACTION I~OL~ A PERMIT APPROVAL. OR FUNDING, NOW OR ULTi~TELY FROM ANY O~ER GO~RNME~AL AGENCY (FEDE~L, STATE OR~AL)? ~ Y~ ~No If Yes, list ~en~(s} name a~ ~Wappm~ls: ~ Y~ ~ No If Y~, list ~enw(s) ~me and ~Wa~m~ls:  SULT OF PRO~SED AC~ ~LL ~ISTING PERMIT/APPROVAL REQUIRE ~DIFICATION? s ~ No I CE~HAT T~ INFOR~TION P~D ABO~IS T~TO THE BE~ ~ MY ~O~EDGE / ~ If the ~ction is in the Coas~l Area, and you are a s~te agency complete the ~ Coas~l Assessment Fo~ before proceeding with th s assessment OVER 12. A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and uso the FULL EAF. E~Yes ['-]No B. VVILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dectaration may be superseded by another involved agency. E~TM E]No C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quail[y, surface or groundwater quality or quantity, noiso ieve~s, existing traffic pattern, solid waste production 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 briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain br;eity: C4. A community's existing pJans or goals as officially adopted, or a change in use or intensity of use of land or other natural rescflrces? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed a~on? Explain briefly: C6. Long term, short term, cumulath,~, or other effecte not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA}? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS?. [] Yes [] No If Yes, explain bdefiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveree effect identified above, determine whether it is substantial, large, important or othenvise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting matelials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifiecl and adequately addressed. If question D of Pa~t II was checked yes, the determination ofsignificanca must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] "c~he~ch~i~sb~xify~uhave!den~ed~ns~rm~rep~tenfia~y~arge~rsig~ificantadverseimpactswhichMAY~c~r~ ThenproceeddirectlytotheFULl ~- ano~or prepare a positive deciaration. [] Chech thts bex if you have determined, based on the i~formation and analysis above and any suppmljeg documentation, that the propesed action W~Li. NOT result in any signif~ca nt adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date 'rifle of Responsible Officer Signature of Preparer (If different Eom responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JAN 2 2013 BOARD OF APPEALS 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 SOO feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolh County Department of Planning in accordance with Section 239m and 239n of the General Municipal ]4tw. 2. Address of Applicant: 3. Name of Land Owner (if othe~ than A~plicant): ./ 4. Address of LandOwner: 5. Description of Proposed Project: ~'~"/V~ Location of~.roperty: (road and Tax map Is the parcel w~thin 50*0 feet ora farm operation? { } Yes {~f'No ls this parcel actively fanned? { } Yes {/No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additiona property · Sig~ture °f Applicant V Note: owners) /0 / 22' / :2o/ Date I. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this stata'nent 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. ? RECEIVED APPLICANT/OWNER JAN 3 7013 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers of this form is to provide information which can alert the town of possible confli~s of interest and allow it to take whatever action is necessary to avoid sa~ ~ (Last name, fi~t name, middle inithl, unless you are applying in the name of someone else or other enfi~, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance ~ Building Permit Variance ~ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) -- B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) -- C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM ,]AN 3 7013 I~'STRUCTIONS B ~11~ ~oDm ~;Fte ~thPiPs ~CACLA~F 1. All applicants for permits* including Town of Southold agencies, sh p ' 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 Hozard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement oftbe 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: Location of action: Site acreage: 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) Nameofapplicant: ~7~'/-(.. ~J. ~/~0 7"1-1 ~0 (b) Mailing address: ?0 ~0~ (c) Telephone number: Area Code ( ) .,~// o~,32/ --~'~'~'tQ5~ (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes. [] No ~] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SouthoidTown. NorthFork.net Examined ,20 Approved ,20 Disapproved a/c_ ¢ [ (/idl ~2/ Expiration .20 PERMIT NO. L TOw;,, OF ~Ot~T~OLD BUILD~G PERMIT APPLICATION CHECK Do you have or need the following, before appl Board of Health Planning Board approval Survey I "Check BOAR.[3 ©1: #\~!;!~"-~ Septic Form 3/0 N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Singte & Separate Storm-Water Assessment Form Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~ areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a perm shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within [ 8 months from such date. If no zoning amendments or other regulations affecting property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to th, Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and t9 admit authorized inspectors on premises and in building for necessary inspections. /~._i /~ ~ ~ U. /] (Signature of applicant or name, ifa,corporation) (Maihng address of applicant) State whether applicant is owner, lessee, agent, arcifitect, engineer, general contractor, electrician, plumber or bull& State whether applicant is owner, lessee, agent, architect, engineer, general contractor. Name of owner of premises electrician, plumber or builder (As on the tax roll or latest deed If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which 12,rop~ose. d v,.ork will be c~¢ne: House Number Street ] Hamlet County Tax Map No. i000 Section Block Lot Subdivision ,~ Filed Map No. al, Lot State existing use and occupancy of premises a,n,d intended use and occupancy of proposed construction: a. Existing use and occupancy ]~/~5 Jack. JCl: b. Intended use and occupancy /~:~-t~C/~:/~ Oee.¢ ,t/ fxC;d Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost ~[~! 000 If dwelling, number of dwelling units If garage, number of cars Fee Addition Alteration Other Workt~7~,-~,tpt~rt:e, ,~.~..~¢~- (DeScription) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. .7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth_ Height. Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front Rear Rear .Depth Depth ,~ 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO / 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises? YES __ NO / 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? * YES__ · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 1,"" NO__ · IF YES, D.E.C. PERMITS MAY BE REQUIRED. No / 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) Cff~UNTY OF S~S: ,. * IF YES, PROVIDE A COPY. STATE OF NEW YORK) COL~'TY OF~S: (Name of individual signing contract) abm e named. (S)He is the (Contractor, Agent. Corporate Officer, etc.) of said owner or owners, and is dui3 authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are tree to the best of his knowledge and belief; and that the work willbe ~ performed in the manner set forth in the application filed therewith. Sworn to b~fore me this, _ .~ MARINAKOKKINOS ~ ) // ~ ~dayof ~ 20 I~""bl~'S~t'~~ ~ 1 ' ~ ~igmture of Applicant .... ~ WN OF SOU;HOLD PROPERTY RECORD CARD ~ /'-~'1~ /5- -- .: c . TO -- ~o, -:_~ ~l.~____J~ ~"~ ...... ~-,~T. suB. '~OT - r~~~ ' RE--MARKS LAND IMP. TOTAL DATE WOODLAND -- FRONTAGE ON ROAD ~ ~ DEPTH HOUSE/LOT BULKHEAD ~-- TOTAL TOWN OF $OUTHOLD PROPERTY RECORD CARD ~,",/"" A/NER STREET ~:~.~ (~) VILLAGE DIST. SUB. LO )RMER OWNER ~b~ ~ E ACR. S W ~P~ O~ ~UIL~IN~ / FARM COMM. CB. MISC. Mkt. Valu~ s~s. VL Z/~ ~ND IMP. TOTAL DATE REMARKS ~-~ .~-~ ~ / J'/~ 7/? ~ ~, F~ ,~ ~,~ AGE ' ' BUILDING CONDITION ~6/~- hIO~I~4~- ~vr~ ~'~.~bl~'~ -~OO,C~d)C;' _ ~w ~o~ .~o~ ~.o~¢,,h~- J: ~ ~ ~' ' ~ble 3 ~dland ,mpland FRONTAGE ON WATER / ~ 3 t ~hland FRONTAGE ON ROAD Plot DEPTH ~ ~ ~ f~ ~ BULKH~D DOCK 89.-3-11.4 2/05 Extension Extension Extension ~ _~ Porch Breezeway Patio Total ' ~) Foundation ement Ext. Walls Fire Place Bath Floors -Interior Finish Heat Type Roof Rooms 1st Floor Recreation Roan Rooms 2nd Floo Dinette LR. DP,. BR. 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 January 8, 2013 Zoning Appeal No. 6623 Transmitted herewith is Zoning Appeals No. 6623 of Peter N. Benotti~ MD- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description and Photos of Fence, Questionnaire, Copy of Board of Town Trustees Permit No. 7529A Dated April 20, 2011, Copy of Certificate of Compliance #0829C Dated December 11, 2012, Copy of Certificate of Occupancy No. Z-30796 for One Family Dwelling Dated March 3, 2005, Copy of Survey Showing Foundation Location, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Four Pages Application for Building Permit with Disapproval Dated November 15, 2012, Three Pages of Property Record Card, Notice of Disapproval from Building Department Dated November 15, 2012, Copy of Survey Showing Property and Heights ofFences Dated March 13, 2005 Prepared by Destin G. Graf-Land Surveyor, Smaller Copy of Survey Showing Property and Heights of Fence. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/4/13 ZBA # NAME CHECK # AMOUNT ' TC DATE STAMP RECEIVED 6623 Benotti, Peter & Teresa 526 $500.00 JAN 8 201~ $500.00 By lc Thank,,ou. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/08/13 Receipt~: Reference 6623 Total Paid: Transaction(s): 1 1 ZBA Application Fees Check"8:526 145108 Subtotal $500.00 $500.00 Name: Benotti, Peter N 7219 Blue Jay Way Princeton Junction, NJ 08550 Clerk ID: CAROLH Internal ID: 6623 1030 CLEARVIEW ROAD SOUTHOLD, NY 11971 JANUARY 29, 2013 REFERENCE//6623 ZONING BOARD OF APPEALS LISLIE KANES WEISMAN, CHAIRPERSON 54375 MAIN ROAD SOUTHOLD, NY 11971 DEAR MADAM CHAIRPERSON, I WOULD BE MOST PLEASED IF YOU WERE TO GRANT A VARIANCE TO PETER and TERESA BENOTTI FOR AN EXISTING FENCE AT 930 CLEARV1EW ROAD, SOUTHOLD. THEY HAVE INSTALLED A BEAUTIFUL FENCE THAT WOULD BE HELPFUL IN CONTROLLING THE DEER POPULATION IN OUR AREA. AS YOU KNOW THW TOWN HAS IT'S HANDS TIED TO REALLY DO AN EFFECTIVE MANAGEMENT SERVICE. THIS HAS BECOME A HEALTH ISSUE FOR THEM AND OUR FAMILY. THE FENCE DOES NOT IMPEDE ANY SIGHT V1EWA SINCE IT IS A COMPLETELY OPEN DESIGN. I WOULD ALSO LIKE TO POINT OUT THAT THE FENCE IS ON OUR PRIVATE ROAD. THANK YOU, THE FITZPATRICK FAMILY M. FITZPATRICK pg BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 7, 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, FEBRUARY 7~ 2013: 11:40 A.M. - PETER and TERESA BENOTTI - #6623 - Requests for Variances under Sections 280-t05 II (A and B), based on the Building Inspector's November 15, 2012 Notice of Disapproval concerning "as built" 5 foot high fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet in height when located in a front yard, 2) fence height at more than the code permitted 6 % feet in height when located in the side and rear yards, at 930 Clearview Road, (adj. to Cedar Beach Harbor) Southold; CTM 1000-89-3-1t.4 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: January 8, 2013 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM BENOTTI, P. & T. #6623 MAP # 89.-3-1 1.4 VARIANCE HEIGHT REQUEST "AS BUILT" FENCE DATE: THURS, FEB. 7, 2013 11:40 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 #11030 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 I week(s), successfully commencing on the 24th day of January, 2013. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 7, 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 he~- rags will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on ~ RUARY 7, ~01 ~ 10:00 A.M. - NEW SUFFOLK WA- Street) (adj. to Cutchogue Harbor) New 11:20 A.M. - MMMM BEER. LLC. ~g662~: Request for Variance from Ar- ticle XI Section 280-47 and the Building Inspector's December 12, 2012 Notice of Disapproval based on an application for building permit for demolition and re construction of a portion of an existing commercial building at: 1) less than the code required front yard setback of 100 feet, located at: 42155 Main Road aka State Route 25 (corner Peconic Lane) Peconic, NY. SCTMg1000-75-1-14 11:40 A.M. - PETER and TERESA BENOTrI. #6623 - Requests for Vari- ances under Sections 280-105 II (A and B). based on the Building Inspector's November 15, 2012 Notice of Disap- proval concerning "as built" 5 foot h~gh fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet hi height when cared in a front yard, 2) fence height at more than the code permitted 6 ½ feet in height when located in the side and rear yards, at 9'30 Clearview Roadi (adj. to Cedar Beach Harbor) Southold; c'rM 1000-89-3-11.4 1:00 P.M. - BREEZY COMMUNrI'Y. INC. INAOM1 MULL- ~ Request for Variances from Article XXIII Code Section 280- 123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #1l Breezy Shores Community, Inc. 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to She~ter Island Sound) Greenport, NY. SCTMg1000-53-5 12.6 Principal Clerk (~[ day of (I ~./.~ 2013. CHRISTINA VOLIN NOTARY PUilLIC-STATE OF NEW YORK No. OLVO6105050 Qualified in Suffolk County My Commission Expires Fobtual¥ 28, 2016 in~ to be heard at each hearb~ and/or ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 7t 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, February 7, 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 January 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arrangements were made in either a written statement, or during the hearin,q, providin,q the returned letter to us as soon as possible; AND not later than January 28th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 30th: 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 February 5, 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. .e TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTM Parcel # 1000- New York, being duly sworn, deposes and says that: Onthe I~ dayof ~c~_.~t , 20t ~,, i Personally mailed at the United States Post Office in ~c~2.~T%,~ ~ ~,~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy oftheatiaehed 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 R, ga~ Property Office for every property which abuts and igahcross .a, public or prate street, or vehicular right-of-way of record, surrounding ~(~p/b.~t s p~,p, erty/(/) [ Sworn to' before me this day ofc.~e~a&t/~c/~, 20 (Notary PUblic) V "7'~ TOTH 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 (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) residingat q_~6 ., New York, being duly sworn, depose and say that: Onthe ..~ day of ~.Jd//Ub'/) ~ )/ ,201 $, I personally placed the Town's Official P~ster, 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 to the date of the subject heating date, which heating date was shown to be ~ Sworn to before me this , 202 D (Notary Public) ¥1 I.I * near the entrance or driveway en,trance of my property, as the area most visible to passerby. Register/Sig~ln USPS. COM Track & Confirm SERVICE STATUS OF YOUR ITEM Notice Left Arrival at Unit Depart USPS Sort DATE & TIME January 23, 2013, 3:10 pm January 22, 2013, 9:51 am January 20, 2013 January 20, 2013. 2:19 am January 18, 2013 5:02 pm January 18,2013 11:28 am Search USPS corn or Track Packages January 22, 2013 Cer[Jfied Mail'~ Return Receipl NEW YORK, NY 10009 NEW YORK, NY 101~9 NEW YORK, NY 10199 SOUTHOLD, NY 11971 SOUTHOLD, NY 11971 Check on Another Item W'nat's your label (or receipt) number? ON USPS,COM ON ABOUT,USPS.COM About USPS Home L';t N~TICE 7012 2210 0002 0371 1935 t II Ill II I ~ I, I,,,,,!, !, U.S_...P_OSTRGE 1 IS71 JRN 18,'13 RMOUNT ,o~ $5.75 I 1743 0~/R~352- 02 USE Total Pc~tage & Fees $ ~4~. '~j 01/18/'2013 '; Sent To ' ~reet, Apt Fib-.: ....................................... [~o..~x.~...?..~.i..g..../~x ~r. ~ ........ C~, ~i~[Y.# ....................................... I ¢I ~~AL USE 2J ~ /~(~:~:/ ........... ~ ........... f----~ .................................... ~ ~.~;~,;~u..~.....~.~...z~<~ ........................... ~ ~1 ~~'hC~AL USE nj r-q 01/18/20t:~ ~,..,.// · Complete items 1, 2, and 3. Also complete item 4 if Resbtcted 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: A. Signature FI Addr~$oo Received by ( Pfin~ed Name) C. Date of Delivery If YES. enter delivery address below: [] No 3. Se~ice Type la c_,ett~ M~I O~M~I O Reglsteead [] Return Rec~pt for Memhandi~e O Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. Article Number (rransfer f~m sempe ~abe/) PS Form 3811, February 2004 7012 2210 0002 0371 Domestic Return Rsceipt 1959 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 71 Type 3. ~Cec~ blaiI [] Expmss M~I I-1 Re,stared [] Return Receipt for Memhendise [] Insumd Mail [] C.O.D. 4. Resbfoted De~i~a~? (Ex~a Fee) [] Yes 2..Nticle Number ('rransfer from servlce lab~ PS Form 3811, February'004 7012 2210 0002 0371 Dom~tic R~urn Receipt 1928 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 January 4, 2013 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6623 (Benotti) JAN - 4 Dear Mr. Terry: We have received an application for "as built" fence construction in Soutold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box I 179 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 SOLITHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 January 4,2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6623 Owner/Applicant: Benotti, Peter and Teresa Action Requested: As built fence construction - height Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider March 22,2013 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Peter Benotti P.O. Box 1515 Southold, NY 11971 Re: ZBA File~6623 Dear Mr. Benotti: Enclosed is a copy of the Zoning Board's March 21, 2013 determination filed today with the Town Clerk regarding your application. Sincerel~ . ~ Vicki Toth Encl. CC: Building Department 4 52 NOTICE ~ COUNTY OF SUFFOLK (~) ~K ~ sou'mou~ IM~,~*~'~ Real Property Tax Service Agency I Y I "~_ ~;~"'~ I ...... --