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Home My WebLink About6628 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 ' AF, £ 8 2013 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21, 2013 ZBA FILE: 6628 NAME OF APPLICANT: Daniel F. & Virginia C. Mahoney PROPERTY LOCATION: 3930 Stillwater Ave., Cutchogue, NY SCTM# 1000-137-01-10 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 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.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 8,751 square feet, having two front yards, in an R-40 District. The eastern lot line is 50 feet fronting Stillwater Ave, the southern lot line is 174.21 feet fronting Track Ave., the western lot line is 50.03 feet along an adjoining property and the northern lot line is 175.84 feet along another adjoining property. The parcel is improved with a one-story frame house with decks and an accessory shed. All as shown on the survey prepared by John T. Metzger, L.S. dated June 6, 2012. BASIS OF APPLICATION: Request for Variance from Article XXII1 Section 280-124 and the Building Inspector's November 13, 2012 Notice of Disapproval based on an application for building permit for partial demolition and construction ora new single family dwelling: I) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests variances for: 1) a 10.3 foot front yard setback where the code requires a minimum of 35 feet and, 2) a 3.7 foot side yard setback where the code requires a minimum of 10 feet, as shown on the site plan, sheet S-I, prepared by Mark Schwartz, R.A., dated November 13, 2012. ADDITIONAL INFORMATION: The subject pamel has wood fencing encroaching upon the public right-of-way of Track Avenue and on the adjacent property to the northwest. At the public hearing the applicant's architect was asked to submit a foundation plan for the subject dwelling showing the proposed preservation of the existing foundation. That plan was received by the ZBA on March 8, 2013. Page 2 o1'3 - March 21, 2013 ZBA File#6628 - Mahoney FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most properties in this neighborhood have been improved with I-1/2 story and 2 story dwellings. The applicant proposes a two-story dwelling in the location of the existing one-story dwelling. There are lots of varying sizes in the neighborhood and there is precedent for comer properties with non-conforming setbacks similar to the subject property. 2. Town Law §267-b(3)(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling exists in its non-conforming location and any proposed reconstruction and addition will require an area variance. Furthermore, the subject pamel is only 50 feet wide and is subject to two front yards, thus when a minimum front yard setback of 35 feet and an opposing minimum side yard setback of 10 feet are applied, there is only a 5 foot wide code conforming area for which the dwelling may be constructed, which is not feasible to pursue. 3. Town Law ~267-b(3)(b)(3). The variances granted heroin are mathematically substantial, representing 71% relief from the code required minimum front yard setback and 63% relief from the code required minimum side yard setback. However, the proposed front yard setback is to a low two-step entrance deck proposed at 6.5 feet wide and the proposed reconstruction and additions will have the same house comer setbacks as what exists today. 4. Town Law §267-b(3~(b}(4} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b{3)(b){5}. The difficulty has been self-created. The applicant pumhased the parcel, in 2004, after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a partial reconstruction and additions to an existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Homing, and duly carried, to GRANT~ the variances as applied for, and shown on the architectural drawings entitled "Additions and Alterations, Mahoney House" sheet S-1 dated 11/13/2012, sheets A-1 thru A-7 inclusive dated 10/15/2012 and sheet F-1 dated 3/8/2013, prepared by Mark Schwartz, R.A. CONDITIONS: 1. The fence encroachments on the public ROW on Track Avenue and on the adjacent property to the northwest shall be removed and/or relocated to the applicant's property That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Page 3 of 3 March 21, 2013 ZBA File#6628 - Mahoney 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(~9 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 J&ature of the subject proper~y that may violate the Zoning Code, other than such uses, setbac~ 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 noncond'ormi[y. Vote of the Boar& Ayes: Members: Weisman (Chairperson), Goehringer, Homing, Schneider. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ /o~ /2013 OPRO3ECT NORTH FOUNDAllQN PLAN SCALE: 1/8" = 1' FINAL MAP RFVIEWED BY ZBA ? '-F DECISION # _~(~ "ED ~ /,,'~! I RECEIVED DEVELOPED DEVELOPED Z 175.84' N 49"]'20' E EDGE OF PAVEMENT TRACK AVENUE (PUBLIC WATER IN STREET) Z I DEVELOPED ' ./ DEVELOPED STTE PLAN SCALE: 1"= 20'-0' SCTM # 1000-137-01-10 MEETS AND BOUNDS BY: PECONIC SURVEYORS, P.C. JUNE 6, 2012 iL MAP IEWED BY ZBA SEE DECISION # ~ oATEO..-~ ~_ZC/,7~/~ DEVELOPED DEVELOPED UNDEVELOPED DEVELOPED ~J;CEIVED' JAN ~ $ 2012 ~,PPEALS REVISIONS: t I I [--T-I RECEZYED JAN ~ 8 2013 ~OARD OFAPPEALs SOUTH ELEVATION SCALE: 1/8" = 1' FINAL MAP EXISTING SOUTH ELEVATION SCALE: 1/8" = 1' BY ZBA SEE DECISION # ~ DATED_.,~../..~.._/~O/~ REVISIONS: A-1 REVISIONS: EAST ELEVATION SCALE: 1/8" = 1' EXISTING EAST ELEVATION SCALE: 1/8" = I' RECEIVED JAN 2 8 2013 BOARD OF APPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED, -~ 1 2 / I 3 ~ / 3 REVISIONS: NORTH ELEVATION ,SCALE: 1/8" = 1' 'E3 E] E] EXISTING NORTH ELEVATION SC-ALE: 1/8" = 1' JAN 2,8 2013 BOARD OF APPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED,, 5/.?-/ t ~ ~.~ REVISIONS: WEST ELEVATION -.~-.~..E: 1/~' ~--1' ~ECEIVED JAN ~ ~ .~0 u-; BOARD OF APPEALS EXISTING WEST ELEVATION SCALE: ~/8" = 1' FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED ~ I~ I ~o/~ A-4 O O REVISIONS: ~OA,o OF App£Ai$ ~ ° PRbJECT NORm EXIS~NG FLOOR P~N - FINAL MAP REVIEWED BY ZBA 1ST. FLOOR PLAN SCALE: 1/'8": 1' OPROJECT NORTH RECEIVE~ JAN 2 8 2013 ~OARDOFAPPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION # ~b~ ~ DATED '5/~1 REVISIONS: REVISIONS: 2ND. FLOOR PLAN SCALE: ~-/8" = 1' OPRO.1ECT NORTH ~J~CE~VE~ JAN ~ 8 ZOl:~ BOARD OF APPEALs FINAL MAP REVIEWED BY ZBA SEE DECISION DATED $ /2~ I om fomilior with FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond will obide by the conditions set forth therein ond on the permit to construct. The Iocotion of wells, cesspools &t public woter shown hereon ore from field observotions ond or from doto obtoined from others. ELEVATIONS REFERENCED TO N.A.V.D. LOT NUMBERS REFER TO "MAP OF SECTION TWO PROPERTY OF M.S. HAND" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MAY 12, 1959 AS FILE NO. 1280. N SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-i37-0I-I0 JUNE 6, 2012 RECEIVED JAN 2 8 20i3 BOARD OF APPEALS AREA=8,751 SO. FT. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF 51ZCTION 72090F THE NEW YORK STATE EDUCATION 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 SURVEYOR WHOSE SIONA TI. IRE APPEARS HEREON. TEST HOLE DATA BY McDONALD GEOSClENCE 5/16/12 ~ ve.~,X \ .o w^~. ENCOUNT~D 4~ (6J1) 765-5020 FAX (631) 765'1797 P.O. BOX 909 :MONUMENT ~2ZO TRA~LER STREET COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Febmaryl4,2013 RECEZ~D 1 9 Z013 ~OARD OF APPEALS Division of Planning and Environment Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 &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 Mahoney, Daniel Strong, Raymond Karas, Gregory & Carol Yantsos, Laura Likokas, George RJJ Properties MunicipaIFileNumber 6628 6629 6630 6631 6632 6633 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · 400 VETERANS MEMORIAL HWY, 4th FI · P.O* BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-5191 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Daniel F. & Virginia C. Mahoney c/o Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 JAN 2 8 ~013 BOARD OF APP~i~..~ DATE: November 13, 2012 Please take notice that your application dated October 25, 2012: For permit for partial demolition of existing dwelling and construct a new single family dwelling at: Location of property: 3930 Stillwater Avenue Cutchogue, NY County Tax Map No. 1000 - Section 137 Block 1 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed partial demolition and construction of a new single family dwelling, on this non-conforming 8,751 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 front yard setback of 35 feet and a minimum side yard setback of 10 feet. The survey shows proposed front yard setback of 10.3 feet and a side setback of 3.7 feet on this comer lot. 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. Assignment No. JAN 2 8 2013 BOARD OF *PEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo.~qS0 Street sqt'~{I~P-~F' Hamlet ~[IO3bt~- SCTM1000Seetionl~7 Block O{ Logs) [O LotSize ~7~1 Zone ~.-q~) I (WE) APPE/~L TIIE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED [t~l~lIg" BASED ON SURVEY/SITE PLAN DATED n!!z!lT~ · Applicant(s)/Owner(s): '~lqiet r~ &ol, l~.~\/ Telephone: Fax: Emaih NOTE: In addition to thc 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: r~ PA ~ I for ( ) Owner ~x~Other: Address: p(t~ ~,f-)k/ qOq SOv~-.JC~. ~Y Telephone: %S-~ Fax:-//_~5-1-~7 Ple~e check to specify who yo~ ~h corr~de~ce to he ~ to, fro~ the ~d~ove ( ) Applicant/Owner(s), ~_Authorized Representative, ( ) Other Name/Address below: WHEREBy THE BUILDING INSPECTOR REVIEWED SURVEY/SITI~ PLaN DATED I ]~ !~ and DENIED AN APPLICATION DATED_~~FOR: · '~ Building Permit ' ~ ~ ( ) Certificate of Occupancy ( ) Pre-Certificate of Oceapaney ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Sub~ection of Zoning Ordinance by numbers. Do not quote the code.). Type ofAp~L A~ Appeal is made for: (~ A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to I~¢k of access required by New York Town Law- Seetion 280-A. ( ) Interpretation oftbe Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, N has not been made at any time with resoect to this orooert~, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o. ffice for assistance) Nmne of Owner: ZBA FileO JAN 8 2013 JBOARD OF APPEALS REASONS FOR APPEAL ,(Please be specific, addih'onal sheets may be used with preparer s signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the, neighbor~ or a de~,ment to nearby~ . · 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 3. Thc amount of relief requested is not substantial because: 4. The variance will NOT h~ve an adverse effect or impact on the physical or environmental conditions in the neighborhood or l:listrict because: 5. Has the alleged difficulty been self created? { } Yes, or ~No Why: Are' there an' y Covenants or Restrictions cbltCemm~J g 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) APPLICANT: ~-~1~ ~ APPLICANT'S PROJECT DESCRIPTION JAN 8 1. For Demolition of Existing Building Areas H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstnoorextension: ~L.~ ,q X qq,q Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): [0~ ~ ~ ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IH. Proposed Construclion Description (Alterations or Structural Changes) (Atlach extra sheet if necessury). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: j ~rL/ IV. Calculalions of building areas and lot coverage (from surveyor): Existing square footage of buildings on your properly: j~ ~ I~ ~, Proposed increase ofbuilding coverage: ~ '~r~ hb6/.<;~ Square footage of your lot: <~,-7 s'J Percentage of coverage of your Jo~ by buildfng area: jcj, ~ V. ~urpose of N~w Construction:%0 :IIYIO ,L-'~ ~ 0_ VI. Please describe the land contours (fiat, slope '/o, heavily wooded, marsh area, etc.) on your land and how it r~lates to the difficpity, in meeting the code requirement (s): !%. Fee-J' '4 J< +n " u 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 Is the subject premises listed on the real estate market for sale? Yes ~ No Are~. hNere any proposals to change or alter land contours? o Yes please explain on attached sheet. RECEIVED JAN 2 8 2013 ~OARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? ~-.~0 2.) Are those areas shown on the survey submitted with this application? .k3Ot 3.) Is the property hulk 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 ofjurisdietion? ~ 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, bulkheads or fences that exist that are not shown on the survey that you are submitting? I~0 Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any censtmetion taking place at this time concerning your premises? ~'.)0 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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? b,J~3 If yes, please label the proximity of your lands on your survey. Plel~se list present ase or operations conducted at this iLarcel- . . ,4~. I Clt3,1~' , , ;~tfB' [~ i,~ Gl~O l)l~ . and the proposed use ~_~¢fl~~ I~ ~' g_~ L} ir) I/~/'3~1~ J . (ex: existing single family, prol~l: same with garage, poo~ or other) I -- Authorized signature and Date 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ECE~VE~ JAN ~OARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 3 PROJECT LOCATION: 4 PR.~[E ~TiO~tTr[~,~,.~road ,r;ter~ocfions. prominent landmarks, etc., or provide map) PROPOSED ACTION IS: 5 [] New ~Expansion [] Modification/alteration 7. initially ~ ~f,.~]~ acres Ultimately , ('~ acres AMOUNT F LAND AFF CTED: 'I? 8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] NO If NO, describe briefly VVHA I PRESENT LAND USE IN VICINITY OF PROJECT? esk~enflal Industrial Commercial Describe: [] Agriculture [] Park/Forest/Open Space [] O~er 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVE R N k~&~'~'AL AGENCY (~el~s L, STATE OR LOCAL)? r']No Yes, Iisi agency(s) name and permit/approvals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes. list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? DYes [~No I CERTIFY THA THE INF MATION PROVI,D, ED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spons~me: ~:~/~ ~/~,~/~/~ Date: ~ JIf the action is in the Coastal Ama, and you are a state agency, ~emldete the Coastal Assessment Form before proceeding with this ass~mment j OVER ~EC~IVED JAN 8 2013 PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) B ~LL ACTION RECEIVE C~RDINATED REVIEW AS PROV DED FOR UNL STED ACTIONS IN 6 NYCRR, PART 617.67 C. COULD ACTION RESULT IN ~ ~VERSE EFFECTS ASSOCIATED ~H THE FOLLO~NG: (Answers may be handwdEen, ff ~ible) C6. L~ term, shoR te~, ~mulative or o~r e~s not identified in C1-C57 Explain bdefly: ~ Yes ~No lfYes,'explainbde~: IS THERE, O I THERE LIKELY TO BE, CONTRO~RSY RE~TED TO POTENTIAL ADVERSE ENVIRONME~AL IMPAC~ ~Yes No If Yes explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or ~b=v, esm ~jnificant. Each effect should be assessed in connection with its (a) setting (i.e. u[ban or rural); (b) probability of occurring; (c) d~a-atl~;((3~) hmeversibility; (e) geographic scope; and (/~ magnitude. If necessap/, add attachments or reference supporting matadals. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Pat II was checked yes, the determination of significance must evaluate the petential impact of the proposed action on the environmental cha~..~sfics of the CEA. ] Chec~ this box if you have identified one or more botentially large or significant adverse impacts which MAY occur. Then proceed ~imctty to the FUL[ EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and armlysis above and any supporting documentation, that the proposed action WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~, the masons sup~ this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from respaas~l~ ¢~cer) ~ECEIVEb AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JAN 2 8 ~OARD OF APPEALs WltEN TO USE THIS FORM: This form must be completed by tke applicant for any special use permit, site plan approv~ use variance, area valance or subdivision approval on property within an agricultural distri~ OR witkin 500 fee~ of a farm operation located in an agricultural dtstric~ All requiring an agricultural data statement must be referred to the Suffolk Cmmty Department of Planning in accordance wi~ Section 239m and 239n o. f tlte General Municipal Law. 3. Name of Land Owner (if other than ApElicant): ~-~'~ t3~_~ ]'-~ 4. AddressofLandOwner:f~ ~E) ~-~/ l! 00-,0~ J,~ t" C_ t4-~[-C~ 5. Description of Proposed 6. Location of Property: (rom and Tax map. ~ _ ~ /,5 7 / c/ 7. ls the parc. e] within 500 feet of a farm operation? { } Yes ~No 8. ls this parcel actively farmed? { } Yes {)~No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverbead. NAME and ADDRESS (Please use thc back of this page if there are additional property owners) Dato Note: 1. The local Board will ~oli¢it comments fi'om the owners of land identified above in o~ler to consider the eff~t of the proposed action on ~heir f~nn operation. Solieitatiens will be made by supplying a copy of this slatement. 2. Comments ret~med to the local Board will be taken into enesidm~ion as part as the overall ~eview of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owcers identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for ~eview. JAN 8 2013 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS Thc Town of SopthQl4's Code of Ethics prohibits conflicts of interest on the Dart of town officers and employees. The ouroose of ghls fgrm is g~ pr~¥i0e information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, flrs~t name, midsie i6ifial~ unless you are applying in the name of someone else or other entity, such as n company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Cheek all that apply) Tax grievance Variance ~/ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/repr~entative) and the town officer or employee. Either cheek 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 ~ECE~VEL~ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 'JAN 2 8 BOARD OF APPEALS The Tgwn pf Southold's Code of Ethics nrohibits conflicts of interest on the hart of town officers and cmnlovees. The nurnose of thi~ form is gO pr~vidg information which can alert the town of oossiblc conflicts of interest and allow it to take whatever action is neeessarv to avoid mme. (l~st name, first name, middle initial, unless you are applying in the name of someone el~e or other entity, such as a company. If so, indicate the uther person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance ~.~ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. ~ YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. ....-- Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (cheek 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 _ ,20. Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM ~,ECEIVED 'JAN 2 8 013 BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed a~ions 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 thc 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 conta'med 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 scT 15-7 - Ol - ID The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~-~ Building Dept. ~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and e~ent of action: Location of action: Site acreage: Present land use: JAN ~8 .~: ~aOfi~D 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: (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 ~j~ lfyes, 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. Sec LWRP Section III - Policies; Page 2 for evaluation criteria. ~ Yes [] No ~Not Applicable 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 ~xNot Applicable TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Exarnined ,20 Approved Disapproved a/c u[, '~ ItZ,-& J ,2O PERMIT NO~ RECEZVED JAN 8 2013 BOARD OF APPEAL~ BUILDING ~MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C,O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mai, to: Pho.e: 72q' 'Ct,fY' Expiration ,20__ ~ ~~75--~"~ Building Inspector ~'~ ~ ~'~ ~"'~.~ ~ . Date 10/~/[~ ,20 a T ~~om~letel . ~is~UST be completely filled in by typewriter or in ink and submiaed to the Building Inspector with 4 sets of plans,~curate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of boildings on premises, relationship to adjoining premises or public s~eets or areas, and waterways. c. The work covered by this application may not be commenced before issu~ce of Building Permit. d. Upon approval of this 9pplication, the Building Inspector will issue a Building Pe~it to the applicant. Such a permit sball be kept on the premises available for inspection throughoot the work. e. No building shall be occupied or used in whole or in paa for aay purpose what so ever until the Building Inspector issnes a Ce~ificate of Occupancy. f. Every building permit shall, expj[e if the work authorized has n~ commenced within 12 months a~er the date of issuance or has not been completed within 18~ months from such date. If no zoning a&endments or other regulations affecting the p~ope~ have been enacted in thk ioterim, the Building InSpector may authorize, in writing, the extension of the pemit for an addition six months. Therea~er, a new pe~it shall be required. APPLICATION IS HEREBY MADE to the Building Depa~ment for the issuance of a Building Pe~it pursuit to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinates or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as heroin described. The applicant a~ees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, age ,~architect~ngineer, general contractor, electrician, plumber or builder Nameofownerofpremises [.~,I~-/[)[Ec ~ ~///{~O [ iO t~ [%l ~"j't~Ad ~t_.~ ' (As on the tax roll qr'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. Location of land on w,,hich proposed work will be done: 393o .5 776c -7W House Number Street t County Tax MapNo. 1000 Section f3 7 Block O f Lot f O Subdivision ,,~ Filed Map No. ..L Lot State existing use and occupancy of premises and intended use and occupancy of proposed construc3~:2 8 2013 a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Repair Removal Demolition /~. 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition ? Alteration ~. Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specifyoature and extent of each of use. Dxn~nsiohs ofex~st~n st,~'mc~ture~.s. ~f ~')C. ~ tiff~ type 7. ' ' ' g , ' any: Front Rear _Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Rear Height ~ Number of Stories / ~ ~/ 9. Size oflot: Front ~''~C 'f'~Re~tJ~x'~ t' th 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 I~NO__ 13. Will lot be re-graded? YES NO v/Will excess fill be removed from premises? YES I,,-.'/NO __ 14. Names of Owner of prer~ses/g~l~,/c,/~.~ Name of Architect ~t~ M'I.,~.~q'r&T'Z. / Name of Contractor Address '~'J' Address ~]-J'? Address Phone No. 15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES NO ,fl~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY ~BE~D, EQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. i7. 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) SS: COUNTY O F J"t~/~¥.dif-,· , .. ~/~r~ ~/~/Ll.~./~.~._..~ being duly sworn, deposesand ~me of individual si~ing contract) above named, (S)He is the ~ ~~ (Contractor, Agent,~0rpo~te Officer, etc.) says that (s)be is the applicant of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge aod belief; and that tbe work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ' / , ' .' ' ~oooo~~ ~ d~ .... ~"~t~ 26 .( ~ VIC!ilTOTH ~x /U//~//~ 't/~ N~ Public Commission ¢~?~P'~ [O/ ~ S,gnature ~Apphcant TOWN OF SOUTHOLD Bun'.nlNG DI~,,~ Town Cle~k~ O~iee Certificste Of Occupency ~ECEIVED ~OARD OF APPEALS No ...... ~,219. Date ............. D$O... a ...... , 19. ~t. THIS CERTIFIES that the building located at 8t~ll~a.ter. & .T~&e~ .Aq~. Street Map No.l/,;:.,~tand... Block No ........... Lot No.. ~. ....... Cut~h~gu~ · · · conforms substantially to the Application for Buflrfing Permit heretofore ~ed in th~ office dated ........... F.®b....8.., 19.~1~. pursuant to which Building Pe,-,dt No. dated ........... .F.o.b. .... 1.1..., 19.7..~., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy tor which this certificate is issued is . .l~llrate. me. £~mll~..dvo2J. t,,lg, v~th. an .&dd~tio~ ................. The certificate is iesue~ to ]~v,. ,Toby. Ly~eb · · .0~oF ............................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Depax-~,ent of Health Approval A,R, ............................... UNDEI~WRITERS CERTIFICATE No. ~l~dZ111 ................................... HOUSE NUMBER .... 3930. .... Street .. StZllva~;er. Lw ....................... 1~ ~r&ok Ave · ' 'Building ~r ~OARD OF App~Ls Board of Zoning Appeals Application AUTHORIZATION (Where thc Applicant is not the Owner) (Print property owner's name)/ residingat 3 9Ja 5 776~ (Mailing Address) hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner' g Signafure) (Print Owner's Name) ofl 1/16/2013 8:22AM 1/16/2013 8:21 AM 1/16/2013 8:20 AM t/16/2013 8:2t AM 1//6/2013 8:20 AM /o6o-/-~7- / -/o TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~/~RM ER OWNER u~el K.~ N VILLAGE DISTRICT ACREAGE S W SUB. TYPE OF BUILDING LOT ~' ~2 2 , JAN 2 8 2013 RES. Wa SEAS. VL. COMM. I IND. CB. MISC. IMP. TOTAL REMARKS ¥ AGE / ~FDo iAR~ATE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value ] Tillable 2 Tillable 3 Woodlond Swampland B rushed ,~.,~ House Plot Totel FRONTAGE ON ROAD DOCK JAN ~, 8 2013 ~OARDOFAPPEALS M. Bid( ~.,e~[ ~ Foundation ¢(~_., Both :xtension i r~O X~ ~ '- ~5'-~0 ,.~..o0 /~,~ Basement j ~ ~ j ~,~ j ~x~. w~,s , j~ ~ ~ ~xtension [ _ ~ 5~/~, ~terior Finish I ~xtension ~ Fire Place ~,,/,2 Heat [ ~_~ ..... [ Porch Reof TyP~ Porch Rooms 1st FloOr ~ 3reexew~y Potio Rooms 2nd Floor ~ ~orooe Drivowoy Dormer i ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1-29-13 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 6628 MAHONEY, Daniel 8615 $1000.00 JAN 3 0 2013 $outhold Town aerk TOTAL $4000.00 Sent via Inter-Office to Town Clerk by: Thank you. ES ~wn of Southold .O Box 1179 Southold, NY 11971 Date: 01/30/13 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt: 146135 Reference Subtotal 6628 $1,000,00 Check#: 8615 Total Paid: $1,000.00 Name: Mahoney, Daniel F & Virginia C 35 Floyd Place E. Norwich, NY 11732 Clerk ID: CAROLH Internal ID: 6628 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 30, 2013 Zoning Appeal No. 6628 Transmitted herewith is Zoning Appeals No. 6628 of LeeAnn Romanelli for Daniel Mahone¥- 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, Copy of Application for Building Permit Dated October 24, 2012, Notice of Disapproval Dated November 13, 2012, Copy of Certificate of Occupancy No. Z6219 for Private One Family Dwelling with an Addition Dated December 2, 1974, Authorization Letter from Daniel Mahoney to Mark Schwartz to Represent Him in this Matter, Five Pages of Photos, Copy of Property Record Card (Both Sides), Survey Showing Property as it Exists Dated June 6, 2012 Prepared by Peconic Surveyor, P.C., Eight Pages of Plans Showing Existing & Proposed Elevations & Floor Plans Dated October 15, 2012 Prepared by Mark Schwartz, AIA. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 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~ MARCH 7~ 2013: 1:15 P.M. - DANIEL MAHONEY #6628 - Request for Variance from Article XXlII Section 280-124 and the Building Inspector's November t3, 2012 Notice of Disapproval based on an application for building permit for partial demolition and construction of a new single family dwelling: 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard setback of 10 feet, located at: 3930 Stillwater Avenue (corner Track Avenue) Cutchogue, NY. SCTM#1000-137-1-10 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(~,Town. Southold. ny.us Dated: February 5, 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 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: htt~://southtown.northfork.net February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 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 February '~8th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than February 25th: 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 February 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 applicantJagents 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 March 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS '- (Name~o~ Applicahts) F~ SCTM Parcel # 1000- x~ COUNTY OF SUFFOLK STATE OF NEW YORK I, ~f-) ~[~ residingat I~0't~6/~.~ ~e'~-~/~ New York, being duly sworn, deposes and says that: dayof. vC, rv/, 20/3, I personally mailed at the United Onthe States Post Office in O~-~1~I~ ! , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts andes across a public or private street, or vehicular right-of-way of record, surround~p~. (Signature) Sworn to before me this day of 4z'~a~J , 20 l~ (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qim~iii:.d in Suffolk County .- Corem!ss on" 5 xpiros April 14, 20](¢ 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. Postage Postage (Endorsement Required) [:3 133 $3· 10 Ceriified Fee Return ReCeipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Cerlifled Fee $6.11 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 15~-(9( COUNTY OF SUFFOLK) STATE OF NEW YORK) . ~(4~4 I, ~ ~9~r/fl/~/Q 1~,)/]~//]5,////~// residing at ~L~/~ , New York, being duly sworn, depose and say that: On the 42_~ day of -~£b~. , 201~3, I personally placed the Town's Official Poster, with the date of hearfflg 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 pri91~ to the date of the subject hearing date, which hearing date was shown to be Dq~J~ ~7/~f)/~ (Signature) Sworn to before me this l_S& Dayoffh'-cnXAx ,201~ (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Quatified in Suffolk County ~:¥' Commission Expires April 14, 2 7~ * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items ~, 2, and 3. Also complete item 4 it Restricted Delivery Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiiplece, or on the front if space permits. [] Agent ~'Addre~ee If YES, ~ ~1~ ~d~ NO r~ Express Mall [] Return Recalpt for Memhendlse [] Insured Mall [] C.O.D. EYes ~_PS Form 3811, February 2004 7011 3500 0001 1682 6540 Domeetio Return Re~alpt · Complete itema 1, 2, and 3. Also complete Item 4 ff Restdeted Delivery Is desired. · Print your name and address on the reveme an that we can return the card to you. · Attach this card to the back of the mallpleca, or on the front if space permits. Article Addressed to: Agent If YES, enter dell~9/address balo~. [] No 3. Servl~e Type []~il [] Reg~etemd [] Insured 11 [] Expm~ Mall [] Return Reo~pt for Memhandlse [] O.O.O. i~ Dallve~ ~ Fee) [] Yea 2. A~Jote Number 7011 3500 0001 1682 6557 tr PS Foffn 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete Item 4 if Reetdcted 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 mailplsoe, or.pn the front if space permits. 1. Nflcge Addressed to: A. Signature [] Addreeeee C. Date of Delivery D. Is dellv~ [] Yes []No :EB2 1 I-10eltifled Mall [] Irmumd Mall [] ~umi~ [] C.O.D. 4. Reetfloted Dalk. ery? ~.xtm Fee) r'l Ye~ 2. ~deNomber 7011 3500 0001 1682 6533 ,p,$Form3811,February20~ ~m~¢Ret~i ' x NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAHONEY, DANIEL # 6628 SCTM #: 1000-137-1-10 VARIANCE: SETBACKS REQUEST: DEMO & CONSTRUCT NEW DWELLING DATE: THURS., MARCH 7, 2013 1:15PM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11080 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 South#Id, 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 21st day of February, 2013. / \ Principal Clerk Sworn to before me this TINA VOLINSKI NOTARy PUBLIC-STATE OF NEW YORK NO. 01V06105050 Quauflecl in SUttofk County My Commission Explre~ February 2g, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY MARCH 7, 2013 NOTICE IS HEREBY GIVEN, por- sunni to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of South#Id, the following public hear- Lags wi0 be held by the SOUTHOLD TOWN ZONING BOARD OF PEALS at the Town Hall, .53095 Main Road, EO. Box 1179, Southold, New Yo~k 11971-0959, on THURSDAy ~10A.M. . LAURA YANT~O,~ ~63! - Request for Variances from Ar- ticle XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's October 10, 2012~ updated January 3, 2013 Notice of Disapproval based oa aa application for b~ilding permit for additions and altera- tions to existing singl~ famRy dwelling at; 1) bll]khead ~tbaak of le~s tben the code required 7S feet, 2) less than the ~xin re. quired minimum side yard setback of feat, 3) less than the total combined side yards of 25 feet, 4) less titan the code reqttired front yard sethaek of 3S feet, incat~d at: 3455 Bayshore Road (adj. to Shelter Island Sound) Oreenport, NY. TAIL. LLC (DAdqiEL BIITrAI~JOCOi ~ - (Adj. from February 7, 2013) Re- quest for Variance from Article III Sec- tion 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building per- mit for construction of a third story ad- dition at: 1) more than the code required number of stories of 21/2; located at: 1165 Kimberly Lane ( adj. to South#Id Bay) South#Id, NY. SCTM#1000-70-13. 20.7. ~ A.M.. HARROR VIEW R~qne~t for Variance fr~n Chapter 72, Article II, 72-$ (BI, 72-6 (1 & 3) and the updated January 8. 2013 Notice of Dis- approval based on an application for building permit to convert a porIion of an exts0ng barn to a farnl stand, at: I less than the code requi~ ed setback of 50 fee~ from the road, 2) the criteria of bona fide agricultural production has not been shown, located at: 5000 Cox Lane, Cu- tchogue, NY. SCTM#1000-96-2.t0 1 10:40 A.M. - GEORGE and LLS.A_ HA~ . Applicant request a Special Exception under Section 28G 13B(14). Toe Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, ac- cessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Prop- erty: 580 Skunk Lane Cutchogue, NY 11:00 A.M. - RJJ PROPERTIES, LLC- ~6633 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building per- mit and the Building Inspector's Febru- aD' 5, 2013 Notice of Disapproval con- cerning a permit for a 12'X8" accessory shed, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchngue, NY. SCTM#1000-111-15-12 11:30 Advh - GREGORY and CAR- l~ - Request for Vari- ances from Article XXII Code Section 280-116A(1) and Article III Code Sec- tion 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an apptication for building permit for an accessory in-ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard, locat- ed at: 135 Soundview Road (adj. to Long Island Sound) Orient, NY, SCTM#1000- 15-3-3 11:50 A.M. - GEORGE LIKOKAS ~¢-6632 - This is a request for a Waiver of Merger under Article Il, Section 280-10A, to unmerge land identified as SCTM #1000-31-3-23, based on the Building Inspector's February L 2013 Notice of Disapproval. which states joining conforming or nonconforming lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Resi- dential Zone District) this lot is merged with lots 1000-31-3-10 and 1000.31-3-9, located at: 9775 Main Road aka State Route 25 (corner Stars Road), 425 Stars Road (Lol 10) and 455 Stars Road (Lot 9), East Marion, NY. SCTM g's - 1000- 31-3-23, 10, 9 1:15 P.M. - DANIEL MAHONEY #6628 Request for Variance from Ar- ticte XXlll Section 280-124 and the Building Inspector's November 13, 2012 Notice of Disapproval based on an ap- plication for building permit for partial demolition and construction of a new single family dwelling: 1) less than the code required front yard setback of 35 feet, 2) less than the code required mini- mum side yard setback of 10 feet,located at: 3930 Stillwater Avenue (comer 'IYack Avenue) Cutchogue, NY. SC'IlVI#1000- I:~ P.M. - RAYMOND STRON~ #6629 - Request for Variance from Ar- ticle III Code Section 280.15 and the Building Inspoctor!s January 10, 2013 Notice of Disapproval based on an ap- plication Ior building permit for an eessory in-ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard, cared at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-82-5-2 2:00 P.M. · VICKI TOTH #6627 - ApL plicant request a Special Exception un- der Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Break- fast, accessory and incidental to the re. si. dential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Loca- tion of Property: 425 Jacobs Lane (cor- ner Main Bayview Road) Southold, NY. The Board of Appeals wall bear all persons or their representatives, desir- ing 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 busine~ hours and prior to the day of the hearing. If you have questions, please contact mu office at, (631) 765-1809, or by email: Vicki.Toth~Town.gout hold.ny U ~ Dated: February 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Locationl 53095 Main Road (Mailing/USPS) 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 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 2912013 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 XlV of the Suffolk County Administrative Code: ZBA File # 6628 Owner/Applicant: MAHONEY, Daniel Action Requested: setbacks. Within 500 feet of: Partial demolition and construct a new single family dwelling, yard ( ) 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 By: _ ~ - 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 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) 76S-9064 March 22, 2013 Leeann Romanelli P.O. Box 909 Southold, NY 11971 RE: ZBA Application #6628 - Mahoney Dear Ms. Romanelli: Transmitted for your records is a copy of the Board's March 21, 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. Sincerely, Vicki Toth Encl. Cc: Building Dept. .ii O;