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HomeMy WebLinkAbout7382 dem 1w, 30,0 6nad wa lit C,sr�sh'uc�do W O �4,W T- to Pn'�o 01)/ h tit6 l OUX 1 A fp s-lde P &+ m sec. c eo-1 s 1 � 7c3 CHECK BOXES AS COMPLETED CA/ d i ( ) Tape this form to outside of file Pull ZBA copy of ND__ -------- - t ( ) Check file boxes for pr CL a ( ) Assign-next number o , 1D outside of file folder ` ( ) Date stamp entire orris ' file number m - .T oo (0 m ( ) Hole punch entire ori;- " o ° oo Z . (before sending to T.0 m m W 0 o ' t ( ) Create new index car, 0. N Z (;:D' m 0- co ; ( ) Print contact info & to CD St Prepare �' ' ) Prep transmittal tq o :. ( ) Send original applicati X to Town Clerk € - ( ) Note inside file folder : and tape to inside off . K ( ),Copy County Tax Map; t neighbors and AG lots ( ) Make 7 copies and pu; ' ( ) Do mailing label ` r .0 N� A-�V2- BOARD MEMBERS ®F S !/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentolyC®U ®®/1 d�am�,NY 119:71 9 \�7 http://southoldtowimy.gov ZONING BOARD OF APPEALS J U L - 12Q� uu. TOWN OF SOUTHOLD ' Q. Tel.(631)765-1809•Fax(631)765-9064 Sou hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 25, 2020 ZBA FILE: #7382 NAME OF APPLICANT: Jeffrey Lemler PROPERTY LOCATION: 320 Broadwaters Road, Cutchogue,NY SCTM: 1000-104-10-6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2020 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 February 27, 2020. Based upon the information provided on the LWRP Consistency Assessment Form as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards; and therefore, is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, rectangular-shaped 38,567 square feet, 0.88 acre, waterfront parcel located in the R-40 Zoning District measures 121.31 feet along the tie line at an undefined curve in Broadwaters Road, then runs north 408.04 feet along a residentially developed lot to the west, then runs 70.94 feet along a tie line at the mean high water mark at Broadwaters Cove and returns south 480.61 feet along a residentially developed lot to the east. The lot is developed with a two-story frame house with an attached deck, , an in-ground swimming pool with patio surround, retaining wall at the waterside, a gravel path leading to a catwalk dock and float, two sheds located landward of the house and fencing as described on the survey prepared by John T. Metzger,L.S., and last revised October 22, 2019. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling resulting in an in-ground swimming pool being located in the side yard; at, 1) located in other than the code required rear yard; located at 320 Broadwaters Road, (Adj. to Broadwaters Cove)Cutchogue,NY. SCTM No. 1000-104-10-6. RELIEF REQUESTED: The applicant requests a variance to permit an existing in-ground swimming pool, currently located in a conforming rear yard location, to be located in a non-conforming side yard location after the Page 2,June 25,2020 97382,Lemler SCTM No. 1000-104-10-6 addition of proposed alterations and additions to the house on the waterside of the structure measuring 18 feet by 30 feet. ADDITIONAL INFORMATION: The subject developed parcel is covered by the following Town of Southold Building Department Certificates of Occupancy: #Z7189 issued August 23, 1976 Private One Family Dwelling #Z14958 issued October 6, 1986 Inground Swimming Pool ' 9Z17761 issued February 14, 1989 "As Built"Attached Deck #Z19437 issued October 11, 1990 Solar Sunspace Addition #Z31044 issued July 18,2005 Accessory Shed in a Conforming Front Yard Location #Z31386 issued January 12,2006, Unheated Sunroom Addition #Z35480 issued March 8, 2012 Alterations to Existing Sunroom #Z37424 issued February 6, 2015 "As Built"Accessory Shed The applicant is awaiting a Town of Southold Building Department permit for a two-story addition to the waterside of the structure which is not subject of this application. The proposed additions and alterations are in a conforming location, however, as a result of the proposed changes to the structure, an existing in-ground swimming pool will no longer be located in a conforming location which is the subject of this application. The Town of Southold Board of Town Trustees reviewed the application and offered comments dated September 17, 2019 indicating that the proposed construction "is out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code." Therefore, no permits or determination by the Town Trustees is required. No member of the public or an immediate neighbor spoke in favor of or against this application, however; an adjacent property owner submitted an email dated March 2, 2020 offering objection to the location of'the applicant's,fencing indicating that it encroaches upon their property. While the Board entered this communication into the record, the fencing in question is not part of the application, and is therefore, outside of the jurisdiction of this application. The applicant was requested to provide the Board with a minimum of three prior variances for similar relief granted in the Nassau Point community. On March 12, the applicant provided the following variances for swimming pools located in side yard locations: #5252 -May 13, 2003 for proposed swimming pool located in the side yard and exceeding lot coverage. #6161 -June 16, 2008 for proposed swimming pool located in the side yard. #6986 -October 20,2016 to legalize swimming pool partially located in the side yard. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 5, 2020 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding,neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject swimming pool exists and is covered by Town of Southold Building Department Certificate of Occupancy #Z14958 issued October 6, 1986. Furthermore, the pool is well-screene&from the adjacent home to the east and from the public road by mature landscaping, and is set Page 3,June 25,2020 #7382,Lemler SCTM No. 1000-104-10-6 back over 200 feet from the roadway. Additionally, the existing home shields the view from the road to the pool', which is located upland of the creek front. The waterside addition,,to the home will further shield the existing pool from the neighbor to the west. 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 pool has been in existence in,its current location since 1986 and the proposed addition to the waterside of the residence, for additional living space and a second floor bedroom are common requests to a residential structure within the Nassau Point community and the Town of Southold. 3. Town Law X267-b(3)(b)(3). The variance granted herein are mathematically substantial, representing 100% relief from the code. However, the pool exists and the proposed additions, not requiring relief, are common to the residential neighborhood. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. . 5.'Town Law M7-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool in a side yard location, in order to allow alterations and additions to a single family residence 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 267-13, motion was offered by Member Planamento, seconded by Member Acampora,,and duly carried,to GRANT the variance as applied for, and shown on the site plan and architectural drawings prepared by Erich Urs Schoenenberger,R.A., labeled T-001.00,A-100,A-101,A-200, A-201,A-300, and E-100 and dated August 30, 2019. Any deviation from the survey, site plan and%r architectural drawings,cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and,may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey' cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code.' This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,June,25,2020 #7382,Lemler SCTM No. 1000-104-10-6 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,,,and/or a subdivision map has,not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: 'Ayes: Members Acampora,Dantes,Lehnert,Planamento, and Chairperson Weisman(5-0) xz Lesl'e Kanes Weisman, Chairperson Approved for filing 66 /2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��jf sv�jyol 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lyOWN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD June 30, 2021 Tel.(631) 765-1809•Fax(631)765-9064 Erich Schoenenberger, R.A. 96 Bogart Brooklyn,NY 11206 RE: Request-for:De-1Vlinimu's,Determination ppeal,'No'7382,Leinlei- . 320-Broadwater's Road,,Cutchogcie, - SCTIN001.040 = 0-6 = Dear Erich ; `I am iwreceipt of your correspondence, dated June 14,,2,021 requesting a de minimus 4eterminationih the,,, 'above, he- 'above.referenced Zoning Board,of Appeals_decision; The:Board grarited'variainee.relief for a_permit to ,. construct additions and alterations to an existing single-family dwelling resulting in an in-ground swimming pool being located in the side yard. In your letter, you request a de minimus approval to increase the size of the proposed extension from 30.1 feet by 18.05 feet to 34.1 feet by 18.05 feet, and increase of 4 feet in length, and to keep the extension as a single-story volume rather than the prior approved two story. Based upon the information provided, I have determined your request is de minimus in nature because the side yard location of the swimming pool will not be affected,the changes do not increase the degree of non- conformity, and;therefore,upholds the intent of the original ZBA decision. Please be advised that conditions set forth in Appeal No. 7382 still apply. We ask that you submit to our office two original signed and stamped site plans and architectural plans depicting the aforementioned changes. Contact our-office if you have any further questions or concerns. I will instruct the office to send a copy of this letter to the Building Department. Si AL eslie Kanes Weisman Chairperson cc: Michael Verity, Chief Building Inspector Monday,June 14,2021 & L-�� Kim E.Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 631-765-1809,Ex.5011 Re: Lemler Residence 320 Broadwaters RD Cutchogue NY 11935 ZBA#7382 Dear Ms. Fuentes, I am writing this letter in regards to our current approved ZBA variance#7382. After this project had been on hold for a year due to the Covid situation,we SVIII are planning to begin building the extension with minor changes. The proposed change to the approved plans is to enlarge the footprint by 4' architecture+design towards the rear yard and to keep the extension as a single-story volume rather than the prior approved 2 story. The condition of the permitted variance for the existing pool to be located in the side yard remain unchanged. We are asking the ZBA Board to review this proposed change and determine if this change is considered De Minimums. The propose changes are marked in red on the attached drawing. Thank you for your consideration, �VkSD A13Cy Sincerely, �`yaJ�SscHoNF�� W A y n O Erich Schoenenberger R.A. 96 Bogart,Brooklyn NY t.(212)941-6494 www.sull.com Brooklyn,New York 11206 f.(212)941-6496 SCDHS REF# R10-17-0008 SURVEY OF PROPER T Y AT NA SSA U POINT TO TSN OF SO UTHOLD � e SUFFOLK COUNTY, N. Y. 01 1000-104-10-06 �. SCALE: 12= 40' o `' �'Ps JUNE 10, 2013 SEPTEMBER 28, 2016 (B.0.H.) NOVEMBER 28, 2016 (RE/ISIONS) 70 94+ NOVEMBER 30, 2016 (REVISIONS) Na6+09'06"E APRIL 27, 2017 STAKEOUT MHWM. — — —IE LINE ti'HWM. MAY 11, 2017 (FOUNDATION LOCATION) FE.COR. CMF JULY 20 2018 (FINAL) 5.4"E. FE1, AUGUST 28, 2018 (SANITARY LOC.) xI-X—X C —f'�NC�—X— 3,7:E_,¢- AE (el•6), FEBRUARY 25, 2019 (FINAL) ZONE SEPTEMBER 17, 2019 (PROPOSED ADD1 TION) I ,NE I N zrr X 000= E j OCTOBER 22, 2019 (PROPOSED ADD1 TION) � w I ZONE X xoI s 0 x Ii SAND PATH \\ RECEIVED Q -L 183 �o ,,(J GRAVEL I ;— I DEC 0 4 2019 Y P` `. STONE Sb+EDS I Zoning Board Of Appeals WAtL J '-RE� e12.9• DW 1 1 w ' U 15.� Q� .4• Z Q PROPOSED 2 I STY. ADDITION. i.../ 2 tt721 1 FF=16.1' o, ��\ PL Y COTTAGE 1 ' RELOCATE DW `' p J 8.2' I S ¶C 1 EXISTING Pos:QEL Z I 1+ DRYWELL f ' . 11 1 PROP. 9.9, X BE ECKK = 18.0' DECK �E 7.8' DECK _ GO EKED EL-27.7' 9_ , PER DE FE.GOR, / X— .r 4• I 1 1 1.6'E. / ^ DECK cD 17.0` DW fI I ED 15.0' 2 STY. FR NI � Dw HOUSEa ouC Ts �`i6 1 f F.F.EL 18.27 L6 ' I I SEPTIC LOCA110N :- I o.3 FE M.13' 16.4' . a ;:15.9' 7.3'. +B+ 4'GATE 1 0 T 8¢ I PROPANE i cV 13.7' 20.3' ST 19' 20' I Vgaw , U I / + APP1ROX. AREA I Lm 53' 56' 1 '� META o \ 1 1 LP2 53' 52' I Z1 RCA I OF SEPTIC f Q 3 DRIVEWA m 1 =i 15.2' TEST o GENERATOR HOLE 8.1- 8 4 N 1 � �1 '"Eu' 1 113 LF? I UNKNOWN ' ELECTRICAL 3 SHEO / METER I 1 UTILITY VULL� 1 1 4—co ? "'y tib � - -24 I O• O 46OD I I j� cMF 3 O S M-3 i 1 �iOGAsst. O �'Y n` D ' O Ito 4f0 I o ,N � �� • V I i ('°Ue4c SNC I LOT O s REFER TO "AMENDED MAP OF NASSAU POINT, / OWNED BY NASSAU POINT CLUB PROPERTIES, INC." FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON AUG.16, 1922, AS MAP N0. 156 o 4. ® k ® = WELL ® = TEST HOLE 9 = SPOT ELEVATION ■ = MONUMENT TEST HOLE DATA McDONAI_D G'EOSCIENCE 8/31,/2016 FLOOD ZONES FROM FIRM. NUMBER 36103CO164H EL. 18' 0 SEPT. 25, 2009 ELEVATIONS & CONTOUR LINES ARE REFERENCED TO NAVD 88 BROWN SILTY SAND SM r EA = 38567 SQ. FT. __ 16'TO Tie line) BROWN FINE SAND SP `•w ,r � a ( --- 17 k CER77F7ED TO . - JEFFERY R. LEMLER AND ANCA LF.MLER ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION WATER IN BROWN FINE SAND SP CHICAGO 71TLE INSURANCE SERVICES,LLC. fig: �,� .- a OF SECTION 7209OF THE NEW YORK STATE EDUCA77ON LAW. JPMORGAN CHASE BANK, N.A. . .. . LIC. N0. 4961 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS PECONIC-SURVEYORS, P.C. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 23' (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR NOTE. WATER ENCOUNTERED 17' BELOW SURFAC:" WHOSE SIGNATURE APPEARS HEREON. 348' TO NASSAU PT. RD. P.O. BOX 909 STREET12JO TRAVELER SOUTHOLD, M Y. 11971 12-165 RECEIVEDD �, tsl;, DEC 042019 > �.\ grd O(Appeals Eoe R ` CO q ERS VE �� \' \\ , , ` 320 BROADWATERS R. REVISIONS CUTCHOGUE NY 11935 N0. DESCRIPTIONS DATE '1� ,,", ,� '\ PROJECT INFORMATION MND 1aA91• J.\\\ EX�G \ BLOCK NUMBER 10 QO\- LOT 5 "(\F'�\ \C'!!F P• 40- .r - •c ,�,\�'t`;\\�{��\,\\�'\�\\'',,` - LOT AREA 38,S67 SQ.FT. CPs ° {\ <P� \\5 ` ZONING INFORMATION \1\ �{\t t\,;\\ j\1`;{' ` \\�\\ EXISTING BUILDING FOOTPRINT 2,0335Q.FT. AOR \,,\\\\•\\ C EXISTING TOTAL SQ.FT. 2,783 SaFT. 9OS \',��\�\, \'F\\\ ; 1\C\\�',\ EXISTING DECK AREA 48S SCIST. O'(PR` FJ O V-\\\\\- \\ ', \ �'\` `\ �,{\ \_ PROPOSED NEW ADDITION FOOTPRINT 490 SQ.FT. \ r \ o a PROPOSED NEW IST FL ADDITION 490 SQ.FT. o \ \ \ PROPOSED NEW 2ND FLADITION 362 SQFT. F; PROPOSED NEW TOTAL FOOTPRINT 2,523 SQ.FT. \ _ ___ \ •�pNO �, \ 2 2I 6 \ PROPOSED NEW TOTAL FA 3,635 SQ-FT. \ \ QOM ZL \ �\ - \ PROPOSED NEW DECK AREA 6S6 SQ.FT. E 0 \ ' EXISTING STONE RET,WALL \ E�16 v \\ DRAWING LIST ' - O \ - -- - T-001.00 SITE PLAN \ — EXISTING PLANTS \ ' '\ EXISTING STONE PAVERS \ _ - - \ A-100.00 DEMO,FOUNDATION AND ROOF PLAN,PLUMBING DIAGRAM 4"RET.WALL \ O \ A-101.00 IST AND 2ND FLOOR PLAN y� s - \ \( \ A-200.00 ELEVATIONS,SECTIONS,WINDOW SCHEDULE RELOCATE EXISTING DRYWELL \ p•+" TO THIS LOCATION \ `�'',�: \. wJO�<j \ A-201.00 SECTIONS N N S —\ \ POOL EQUIPMENT \ �y`\s OIrz c� \ A-300.00 DETAILS Off'( M -\ '\ \ E-100.00 ELECTRICAL PLAN \ A/C UNITS � _ W m t .. �. CI N " DRAWING KEY C11 ; �- \ SYMBOL DESCRIPTION J MODIFIED CONTOUR LINE GW GARDENING EDGING \\ �� .� \\ \\ \.` 05 WINDOW NUMBER ®� N E V u \ - DOOR NUMBER EXISTING GRAVEL DRIVEWAY 12 \ \ \ BEDROOM ROOM NAME CIVIL ENGINEER Gwa0. .\ N \'\ (� ROOM NUMBER OECK \ \\ WALL TYPE SYMBOL \ y \ r ' \ p \ A FURNITURE OR CABINETRY# MECHANICAL ENGINEER \ i \ \ REVISION NUMBER r \\ SECTION/ELEVATION NUMBER N \ \ \ Al � ELECTRICAL ENGINEER \ \ - \ DRAWING NUMBER \\ \\ -\ PX DETAIL NUMBER , , DRAWING NUMBER AREA DETAILED AT LARGER SCALE STRUCTURAL ENGINEER - '\ `'\ \P r \\ F) COLUMN LINE \`�� \ COR \' o \ \ CENTER LINE \ S 181 North 11th Street,Ste.406 021E \<� \\ �p \\ HIDDEN LINE BELOW OR ABOVE t.Brooklyn,12) 41-6494*11211 CMF EL-27. - I - ` !` rcillreCtt, b s' �, \ \ a r>'+design L \ \ 4 ,� DIMENSION A>?:R r \ �^� \ \S� � R.0 Fn ROUGH OR FINISH dry' LEVEL LINE I ELEVATION DATUM/LOCATION All rights reserved.The above drawings,designs and 26.2 MON \ \\ Ideas embodied therein are the property of su11:and O-YE \ r _+14.0'- CONTOUR LINE ELEVATION shall not be copied,reproduced,disclosed to others or C lNq?F 4� D'4S \ ® (F)FIXTURE NUMER used In connection wlthany work other than the //V SjRff TROA \ _' (E)EQUIPMENT NUMBER specified project for which they have been prepared,In ) J ®® (A)ACCESSORY NUMBER whole or in part,without the prior written authorization P1 PLOT PLAN _ Dfsu11. T001 1/32°=1'-0° F2 SITE PLAN LEMLER EXTENSION T001 3/32"=11-4- 320 BROADWATERS ROAD CUTCHOGUE,NY 11935 NEW EXTENSION SHEET TITLE: 111111IM111 di SITE PLAN EL.27.6 j! EJ�110' _� E ,3. DATE: 8/30/2019 ————— I," EXISTING ELEVATION EXISTING CHAINLINK FENCE 11 LFEL. 1.5' EL 10.0' EXISTING DOCK NO CHANGE PROJECT N0: 1108 DRANING BY: MM CHK—BY: ES EL,0.00DWG-NO.: T-001.00 P1 SIDE LINE SECTIONCADO FILE No: T00 1/16"=1'-0" FINAL MA P 1 of 7 PE'' E'VitEED BY ZA SEE DECISION 73� DATED i �/� DE20719 n 2 ,e oY2" Zoning Board Of Appeals 9'-0%• 9'-0%4 _ REVISIONS -----------------------� NO. DESCRIPTIONS DATE ------------------- 15'-6" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I --j i a F- 10 ,---- I I N I I I I 2'-0%4" I I CRAWL I I I SPACE I I I I I I M I I I I I I I I I I I I I O I ' Li ' / / STEPS TO BE REMOVED I r DECK BELOW EXISTING SIDING TO BE REMOVED I ' WALL TO BE REMOVED i---------- ------------------------------ ----------------------------------------- I /' scHo 5 FN _ ------ ---- ----- I ------------ I L__ 3' / I OPENING IN FOUNDATION / I WALL TO CONNECT CRAWL 3' I / I SPACES I I ��AsidrYt;s� ycd I I I I I 0252 F==l I I I I I L- OF----------- N I WALL TO BE REMOVED +� L_---------- i 9-5" EXISI ING DOOR TO BE REMOVED I I I ROOF CIVIL ENGINEER EXISTING I EXISTING / I I EXISTING I I NOW RK LIVING ROOM DECK / I BUILDING I I ——� NO WORK I i MECHANICAL ENGfNEER I I I I I I I I ELECTRICAL ENGINEER P1 1 ST FLOOR DEMOLITION PLAN P2 FOUNDATION PLAN P3 ROOF PLAN STRUCTURAL ENGINEER 10 1/4"=1'-0" 10 1/4'=1'-0" 10 1/4"=1'-0" APM 181 North nth Street,Ste.405 Brooklyn,NewYork 11211 is 9" EU L(212)941-6494 architecture+design All tights reserved.The above drawings,designs and 2" Ideas embodied therein are the property of su11;and shall not be copied,reproduced,disclosed to others or used In connection wlthany work other than the so cMed project for which they have been prepared,In DECK SPIGOT a whole or in part,without the prior written authorization of Sul 1. r7 DECK DRAIN LEMLER EXTENSION SECOND FLOOR 320 BROAOWATERS ROAD CUTCHOGUE,NY 11935 4" SHEET TITLE: DEMOLITION PLAN 2" FOUNDATION PLAN ROOF PLAN PLUMBING AND GAS SHOWER DIAGRAM DAT: 8/30/2019 s" FIRST FLOOR PROJECT NO: 1108 DRAWING BY: MIDI CHK-BY: ES 4- DWS-ND.: A-100.00 D1 PLUMBING RISER DIAGRAM 10 1/4"=1'-0" CADO FILE No: OZ OF 07 F IINIA C MAP IE"w vIPED BY ZBA► SEE DECISION # =7Z&Z, DATED I RECEIVED 73s DEC. 042019 Zoning Fo4 rd OF Appeals REVISIONS NO. DESCRIPTIONS DATE 18, " 2 17-4%p" 18'-0%2' 6' 4'-2%- 6'-103/4" I SHOWER I 0 I r� x 20"DEEPON I 16'_9• r to M I. 6 I. E ROOM E - -- 2 �N N I ' Z (J� W C• I � i OwZ MVNMG p © u Lu N I A2000Lu a -g W g I NEW STEPS •% �C JQ-� DRAIN 3' 6'-8/2" 3'-5/2" 3'-7" ;.;Z'!w-srAz+:,;. S' /�,, 16' 4Q (P € " --- �— OA 9 02- UP 2uP '�9 -- A2oo ---- I� . i --- A200 OF N� - m � F -F 1 `� I '2'-B3i 2'•10%„ � 4 •� CABLE RAILING CIVIL ENGINEER 3' ©L L / —I J A200 MECHANICAL ENGINEER // N SAUNA �1 I BENCH -- t4 ELECTRICAL ENGINEER Av - ! —1 - - ---I STRUCTURAL ENGINEER 2' 8'-0/4'. I I I I I I AN 181 North 11th Street,Ste.406 I I I t.Brooklyn412)91-6494 11211 J J P1 FIRST FLOOR PLAN Jarchitecture+design P2 SECOND FLOOR PLAN All rights reserved.The above drawings,designs and Ideas embodied therein are the property of Sul 1:and shall not be copied,reproduced,disclosed to others or used Inconnection whhany work other than the specified project for which they have been prepared,In whole or in part,without the prior written authorization of Sul 1. LEMLER EXTENSION 320 BROADWATERS ROAD CUTCHOGUE,NY 11935 SHEET TITLE: FINISH KEY FIRST FLOOR PLAN SURFACE TYPE MATERIAL MANUFACTURER AREA COMMENTS 2ND FLOOR PLAN BASEBOARDS WDB WOOD BASE BOARD TBO 75 LF SEE DET. STAIRTREADS WDt WOOD TREADS TBD 39 SF DOOR SCHEDULE FLOORS Wde WOODFLOORING-EXISTING TBD 62SF MATCH EXISTING FLOORS TI-1 TILE TBD 346 SF DOOR NUMBER#OF LEAVES/SIZE V.I.F.ITYPE ILOCATION JMATERIANOTES LEVER 1HINGE LOCK DATE: 8/30/2019 FLOORS RM MATFLOORING ITBD 1270 SF WORK OUT RUBBER MAT FLOORS WDd WOOD DECK TBD 320 SF DECKSLATS 1 3:6'-11"xT-Y' POCKET DESKISTFLWOOD DRAWING TBD TERACK NO PROJECT BO: 1108 BY: MM CHK—BY: ES FINISH SCHEDULE EQUIPMENT SCHEDULE DWG—NO.: 010OM UV NG ROOM TL1 TLI EBOARD GBW WWALL N SAT WALL SOUTH WALL WD NUMBER RO NG ROOM WOOD BURNING FP APOLEONURER HIGH COUNTRY NZ8000 BLAICK MODEL FINSH COMMENT A-101.00 02 EXERCISE ROOM WD JWD GBW GBW N/A GBW 2 EXERCISE ROOM TREADMILL 03 DECK WD N/A N/A CABLE RAILING WD CABLI 2 EXERCISE ROOM PELOTON BIKE CARO FILE No: 04SAUNA WD WD WD WD WD WD EXERCISE ROOM WEIGHTS osoror FINAI L MAP REVIEWED BY ZBA SEE DECISION # 7M�, DATA RECEIVED DEC 0 4 2019 Zoning Board Of Appeals 11'-3�2- REVISIONS STANDING SEAM METAL ROOF NO. DESCRIPTIONS DATE 3--0' 7-93/�- 6'-SY4' 3- GUTTE R T Q3) LEADER ID IN L LL4 4- --------------------- ---- --------- - ------------- ------- 6-73 /4 PLANTER WALL SO A C EXISTING HOUSE NEWEXTENSION IT-33/4' CEDAR SIDING EXISTING HOUSEJNEW EXTENSION 53 CpAOE MATCH EXISTING kTION \,��O 3/16" 1'-0" ��O 3/16" V-0" �, O 3/16" 1'-0- ELEVATION -WEST (E2--� ELEVATION - NORTH CCNCRETE FOUNDATION ELEVATION - EAST .' r# o' CRAWL SPACE LU (P 0 F GLASS RAILING FIRE PLACE FLUE CI)AL ENGINEER HANDRAIL MECHANICAL ENGINEER CABLE RAILING ELECTRICAL ENGINEER STRUCTURAL ENGINEER 1EXERCIS ROOM 2 An 181 North 111th Stireet,Ste.406 J-1 LID Brooklyn,NewYork 11211 4'- SUE L(212)941-"94 ------- architecture+design J ''Ji 'i All rights reserved.The above drawings,designs and ---------------------------- Ideas embodied therein are the property of sull;and shall not be copied,reproduced,disclosed to others or M used In connection withany work other than the specified project for which they have been prepared,In whole or in part,without the prior written authorization of Sul 1. WINDOW SCHEDULE LEMLER EXTENSION 320 BROADWATERS ROAD NUMBER TYPE PANELS W H MANUFACTURER COLOR ODEL CUTCHOGUE,NY 11935 F- 1 FIXED 151-5 UZI 81 FLEETWOOD BLACK 3W&T ................ la FIXED 1 V-5 1/2" 8' FLEETWOOD BLACK 3800-T SHEET TITLE: L—A 2 SLIDING 4 18'-81/4" 11Y-6" FLEETWOOD BLACK 3000-T ELEVATIONS 3 CASEMENT 13' 4'-1" FLEETWOOD BLACK 250-T W J 1 11, J!, I I I,— 3alFIXED 1,3' T-11" FLEETWOOD BLACK 138MT SECTIONS 3b FIXED 15-2-1/2" 7-0" FLEETWOOD BLACK 3800-T WINDOW SCHEDULE ICRAWLSPACE CRAWL SPACE 3c FIXED CORNER 1 T-0" 7-0" FLEETWOOD BLACK 3800-T 3d FIXED CORNER 1 V-0" 7'-0" FLEETWOOD BLACK 38MT P ANTER 3E FIXED 1 V-51/V 7'-0" FLEETWOOD BLACK 38MT C, =J-- 4 FIXED 16-7 1/0 10'-6!' FLEETWOOD BLACK 3800-T DATE: 8/30/2019 4a FIXED 1.4'-61/2" 101-6" FLEETWOOD BLACK 3800-T PROJECT NO: 1108 L----I 4--13Y2" 7 CASEMENT 13' T-6" FLEETWOOD BLACK 250-T DRAWNG BY. MM SECTION A-A rsi'� SECTION THROUGH STAI R R-13 7a fixed 13' 2'-11" FLEETWOOD BLACK 3800-t CHK-BY. ES 9 fixed I CUSTOM CUSTOM FLEETWOOD BLACK 3800-T DWG-NO.: 'WOOD BURNING FP \,"O 1/4" 1'-0" \�20Y 1/4" V-0" NAPOLEON HIGH COUNTRY NZ8000 10 fixed 1 CUSTOM CUSTOM FLEETWOOD BLACK 3800-T xe 1 CUSTOM CUSTOM FLEETWOOD BLACK -�M' A-200.00 qT 12 casement 1 T�1'- W-21 2" FLEETWOOD BLACK O_T 13 fixed 112- 14�-21/2" FLEETWOOD BLACK 3 T CADO FILE No: 14 fixed 11CUSTOM ICUSTOM I FLEETWOOD BL&a 3iT J FINAL MAP REVIEWED BY ZBA SEE DE(1313MN DATI.�-'D (P /.-t67 RECEIVED DEC 042019 Zoning Board O.AppealsEXISTINGHOUSEINEWEXTENSION REVISIONS NO. DESCRIPTIONS DATE i �N \ ILII VIWIILI VIfd hl ! I f! III 4 o \ I XERCI W 4 X RCIS oI_ XERCIS E 4 ROOM _ _ -_ _ ROOM 4 2 - - 2 � I III II I J� El �-- I L—1 L-1 L-1 I I ,I I - -- - �T II' _ 4 LIVING FVI G � G M ROOM .N -----------J --_ -- --- 1 VIII „�1 I ! 1 1,I I, 1 ', ;I� I ISI I I Ili I, II,I iII L71 "....,.113,r........ I I 'GENE ,r 17 SIF, ,, I o ��V G�OENENBF FC�� COg ,QG' CRAWL SPACE 1CRAWLS ACE IrRAWL SPACE N PLANTER t� S� 0 rE O s1 SECTION C-C s2 SECTION D-D s3 SECTION E-E 20 1/4"=1'-0" 0 1/4"=V-0" O 1/4"=1'-O" CIVIL ENGINEER MECHANICAL ENGINEER ELECTRICAL ENGINEER 1011 STRUCTURAL ENGINEER I1 i 12APR 181 Nath 11th Street,Ste.406 \ \ N SUE Brooklyn,Newyork 11211 a 9 8 V 14 a f.(212)941-"94 E--> II I I architecture+design DECK 3 All rights reserved.The above drawings,designs and DECK Ideas embodied therein are the property of su11;and SAMNA --_-- n, shall not be copied,reproduced,disclosed to others or used In connection wRhany work other than the < @ — specified project for which they have been prepared,In whole or in part,without the prior written authorization of Sul-�' Qc mmMl„m zalz N LEMLER EXTENSION LIVING LIVING (. ROOM ! ROOM co 320 BROADWATERS ROAD 1 W 1 CUTCHOGUE,NY 11935 0 I I SHEET TITLE: I � li - - - -- SECTIONS a'1131 N N — 3' — __ �•II" 1 IIII 1'. I)'1,lu,.I'Ii" 1 1. �I^ILII I II I 1 11 Iry IIIX61 7-413a i -'1 p !_ EL.11.5' Jr� r CRAWL SPACE 1CRAWLSPAC DATE: 8/30/2019 1 PROJECT NO: 1108 I I DRAINNG BY: MM CHK—BY: ES DING—NO.: s4 SAUNA SECTION G-G ss SECTION H-H s6 SECTION F-F A-201.00 20 3/8"=1'-0" 20 1/4"=V-0" 20 1/4"=1'-0" DO FlLE No: os of or FINAL MAP 1 1 REVIEWED BY ZBri SEE F)FCISION # � RECEIVED 1300;7 DEC 0 4 2019 14'$' Zoning Board t0` Appeals 1/2" %2" — REVISIONS 11" NO. DESCRIPTIONS DATE 0 m n H I H, 1.5"WOOD TREAD 4"WOOD FRONT Standing seam roof, _ Waterproofing Membrane Sheating 2x12 @ 160.C. \ Spray insulation 5/8"Drywall D6 STAIR DET. TYP Ds GLASS RAILING DET. 30 -1/2"=1'-0" 30 1-1/2"=1'-0" L P A , SECOND FLOOR ,`dei SGK0E JQ`' „ z LLl c i Hwy c� � t'f lY W Y Wood siding(Cedar vertical cladding), �. r �t V µ1Y' Waterproof Paper ' G Sheating 2x6 @ 16 O.C. p 3/4"Tig flooring Spray Insulation O F ! 3/4"Subfloor TJI Floor structure, h 5/8"Drywall r'F N See structural drawings Bat sulation dropped ceiling 5/8"Drywall T : r FIRST FLOOR 1 CIVIL ENGINEER i 1'-53/4" D5 WOOD BURNING FP SECTION D4 WOOD BURNING FP SECTION MECHANICAL ENGINEER 30 3/4"=1'-0" 30 3/4"=1'-0" 3/4"Tig flooring 3/4"Subfloor TJI Floor structure, ELECTRICAL NGIN R See structural drawings Bat insulation Cast in place foundation, STRUCTURAL ENGINEER see structural drawings Varies � . 1B1 Norm nn,stmt,ste.406 \ / Brooklyn,New York 11211 t(212)941-6494 CRAWL SPACE \ /\ \ architecture+design \ \\ Rigid insulation I /\• \, / / at foundation All rights reserved.The above drawings,designs and Wall Intermediate blocking Intermediate blocking Ideas embodied therein are the propertyof su11;and shall not be copied,reproduced,disclosed to others or \ \ as needed as needed used in connection wkhany work other than the Specified project for which they have been prepared,in Slab on Grade whole or in art without the prior written authorization P of su1 Liv z LEMLER EXTENSION \ / \ 320 BROADWATERS ROAD %\ ,\ \\ / \\/' \\ Batt insulation CUTCHOGUE,NY 11935 5/8"Drywall 5/8"Drywall SHEET TITLE: \'\ DETAILS \ \ / 1/2"Reveal \'\ / \ ' \\ \ \\ 1/2"Reveal 2-1/2"x5/8"Baseboard \ 2-112"x5/8"Baseboard 3/4"Tig hardwood / 3/4"Tig hardwood 314"Sub floor DATE: 8/30/2019 3/4"Sub floor PROJECT N0: 1108 l j II 1 _ III 6 I I t DRAPING BY: MM '-x '�_ - - -- - ---- -- - -- --- ----- ---- ii 1 ( I I h - - - — — CHK-BY: ES _ DM-NO.: NO ---_ .: D3 TYPICAL EXTERIOR WALL SECTION D2 WALLA DET. D1 TYPICAL INTERIOR WALL A-300.00 30 W=1'-0" 30 3"=1'-0" ICADO FILE No: os or o� FINAL MAP REVIEWED BY ZBAe , SEE DECISION # DATEDo_ /,DID RECEIV/E�D DE7042019 Zoning Board Oo Appeals REVISIONS NO. DESCRIPTIONS DATE FIXTURES ' f ------ --1 ,—J SHOWER / r ,,1 �� I .�.. SYMBOL TYPE QTY MFR.B MODEL ---------= '' FIXTURE TYPE R do—light 16 16 FIXTURE TYPE Rb recessed I y_ downllght waterproof 6 l i -s t.N_-1 _� t \\ I 1 FIXTURE TYPES pendant it i i EX CISE I ceiling mount g i r+ --ILII -- Rl&M 1, FIXTURE TYPE Se surface i wall mount e I FIXTURE TYPE Sb surface 3 wall mount-waterproof FIXTURE TYPE Sf with fan future pendant t i ! I --'' j I i r FIXTURE TYPE Be surface 2 O -- - i ' 1 d ceiling mount � POWER SIGNAL LEGEND ; a I _ I,_ r P� �� ------ ; 1 © I � I , Y I I 4_r--'�--- --_- N SYMBOL TYPE OTV MFR.BMObEL •'� . t -,— --- _ F�,-I - L A, Ili NEW WALL MOUNTED DUPLEX OUTLET �•` �C) 1 I �jr1V[L J� 7V -GFI DENOTES GROUND FAULT INTERRUPTnn \ ---�' I I -CA WP DENOTES WATE PROOFEDDENOTES MOUNTED IN CABINET '}3 `�� Y II`II` .__ t srlf w ^i" �Ylart 'L1 FLOOR MOUNTED DUPLEX OUTLET l 7 I ( SWITCH 7 SPEAKER 02�� SMOKE DETECTOR OF 101- CABLE TV OUTLET/COAX 1 _J} EXHAUST CABLE RAILING ® e CIVIL ENGINEER i © JUNCTION BOX FOR D FUTURE ELECTRICITY EXTENSION MECHANICAL ENGINEER HDMI HDMI 1 BENCH — _ SAUNA WITH WINDOWS - DATA OUTLET s ELECTRICAL ENGINEER _ - _-Ill�ATVIAUDIO CONTROL 2 III I STRUCTURAL ENGINEER P1 FIRST FLOOR ELECTRICAL PLAN P1 SECOND FLOOR ELECTRICAL PLAN 181 North 11th street,Ste.406 10 1/4"=1'-0" 1 D 1/4"=1'-0" SUVE Brooklyn,NewYortc 11211 t.(212)941-6494 architecture+design All rights reserved.The above drawings,designs and Ideas embodied therein are the property of Sul 1;and shall not be copied,reproduced,disclosed to others or used In connection wlthany work other than the specified project for which they have been prepared,In whole or In part,without the prior written authorization of Sul 1. O LEMLER EXTENSION 320 BROADWATERS ROAD CUTCHOGUE,NY 11935 SHEET TIRE: ELECTRICAL PLAN DATE: 8/30/2019 PROJECT NO: 1108 DRAWNG BY: IMM CHK-BY: ES DWG-NO.: E-100.00 FINAL MAP CADO FILE No: m of ar REVIEWED BY ZBA SEE DECISION # � DATED COUNTY OF SUFFOLK RECEIVED 1 JAN 13NZO Lng Board Of Appeals OFFICE OF THE COUNTY EXECUTIVE ► c�` Steven Bellone SUFFOLK COUNTY EXECUTIVE �31 Natalie Wright ' Department of Acting Commissioner Economic Development and Planning January 8, 2020 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 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 Lemler, Jeffrey #7382 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 ®F S0U i J&UdOFFICE LOCATION: �� ry® MAILING ADDRESS: 1 W Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) outhold,NY 11971 G ® Q Telephone: 631 765-1938 COUNTY, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD TRIVED MEMORANDUM � 20 FEB 2 7 2020 To: Leslie Weisman, Chair Zoning Board Of Appeals Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director v "• LWRP Coordinator Date February 27, 2020 Re: LWRP Coastal Consistency Review for ZBA File JEFFREY R.LEMLER AND ANCA LEMLER #7382 SCTM# 1000-104-10-6.' t - JEFFREY R. LEMLER AND ANCA LEMLER#7382 -Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling resulting in a swimming; at, 1) located in other than the code required rear yard; located at 320 Broadwaters Road, (Adj.to Broadwaters Cove) Cutchogue, NY. SCTM No. 1000-104-10-6. 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 recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney "J ' Michael J.Domino, President song. Town Hall Annex John M.Bredemeyer III,Vice-President (',� �� 54375 Route 25 �y P.O.Box 1179 Glenn Goldsmith E `mss' Southold,New York 11971 A.Nicholas Krupski CATelephone(631)765-1892 Greg Williams a'�' +�`° Fax (631)765-6641 CEiVED IE BOARD OF TOWN TRUSTEES DTOWN OF SOUTHOLDZoning .• September 17, 2019 Jeffery R &Anca Lemler 320 Broadwaters Road Cutchogue, NY 11935 RE: 320 BROADWATERS ROAD, CUTCHOGUE SCTM#: 1000-104-10-6 Dear Mr. and Mrs. Lemler: The Southold Town Board of Trustees reviewed the proposed site plan prepared by SU11 Architecture & Design, dated August 30, 2019 and the survey of Peconic Surveyors, P.C., last dated February 25, 2019 and determined that the proposed construction of two-story building extension on the captioned property is out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no clearing, no removal of vegetation, no cut or fill of land or removal of sod, no construction, sedimentation, or disturbance of any kind may take place within 100' landward from the top of the bluff, or seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without further application to, and written authorization from, the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area C 2 between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. R-E-C7EIVED If you have any further questions, please do not hesitate to call. /`��� DEC ® 42019 Sincerely, n Zoning Board Of Appeals Michael J. Domino, President Board of Trustees MJD:dd i r LZoning EIVED 3SA 4 2019 FORM NO. 3 NOTICE OF DISAPPROVAL Of Appeals DATE: November 19. 2019 TO: Jeffrey Lemler 320 Broadwaters Road Cutchogue, NY 11935 Please take notice that your application dated November 1, 2019 To make additions and alterations to an existing single family dwelling at Location of property: 320 Broadwaters Road, Cutcho ug_e_NY County Tax Map No. 1000- Section 104 Block 10 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction will result in an existingin-ground swimming pool being located in the side yard, which is not permitted pursuant to Article 11I Section 280-15 which states: "In the Agricultural-Conservation District and Low-Density Residential R-80 R-120 R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." ignature 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. RECEIVED Fee:$ Filed By: Assignment No. �� APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP EALPEC ® 2019 AREA VARIANCE Lzoin, Board Of Appeals House No.320 Street Broadwaters Rd. Hamlet Cutchogue SCTM 1000 Section 104 Blockl 0 Lots) 6 Lot Size 38,567 sf Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11/19/2019 BASED ON SURVEY/SITE PLAN DATED-1 1/01/2019 owner(s):Jeffrey R. Lemler+ Anca Lemler Mailing Address:131 E 81 st St. Ph A, New York NY 10028 Telephone:2129831080 Fag: Email:lemler@lemlerdds.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Erich Schoenenberger for( )Owner(Other: Address: 96 Bogart St., Brooklyn NY 11206 Telephone:2129416494 Fax: Email:es@sull.com, mm@sull.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (0 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 11/01/2019 and DENIED AN APPLICATION DATED 11/19/2019 FOR: (\4 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.) Article: I I I Section: 280-15 Subsection: Type of Appeal. An Appeal is made for: 0)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (\}has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's Iva signature notarized): HI I 4 I'll 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to t!LPtYng Board Of Appeals properties if granted,because: Subject proposal is to extend the current house toward the back of the property, the extension will have the same average height and character as the current house. No change is proposed to the existing pool, which is considered an accessory structure. The proposed addition consists of a 2 story structure extending the house by 18' wide x 30' long other than an area variance,because: while proposed extension is of the same character as the exist house, it will change a part of the backyard where part of the exist pool is located into a side-yard. Since accessory structures are not allowed in side-yards, a variance is now needed to allow for the existing pool to be partially located in the new side yard. 3.The amount of relief requested is not substantial because: the proposed extension will not alter the use, floor area, height or lot coverage in a substantial way. The extension will comply with all requirements lot setbacks . 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the proposed extension doesn't have an environmental impact and complies with all requirements and setbacks from wetlands. 5.Has the alleged difficulty been self-created? { }Yes,or{d}No Why: The change in name designation of the yard with the proposed extension creates a conflict with the exist. pool, causing a conflict btw both structures. However, the use of the yard will remain the same and setbacks upheld. There is no feasible alternative to accomplish this extension without this conflict. Are there any Covenants or Restrictions concerning this land? {4}No { ) Yes(please furnish a copy) This is the NQNLV UM that is necessary and adequate,and at the same t' serve and protect the character of the neighborhood and the health,safety and welfare of the comm ity. is en ger Signature of App scant or Authorized Agent (Agent must submit written Authorization from Owner) L,I,(t. Sworn to before me this day of Qf 20 V - Notary Public ` VASHU PATEL NOTARY PUBLIC-STATE OF NEW YORK No.01 PA6334587 Qualified in Kings county Ml;t®FflFflift8A *0IFB§ r RECEIVED —73's DEC ® 4 2019 APPLICANT'S PROJECT DESCRIPTION Zoning Board Uf Appeals APPLICANT: Erich Schoenenberger DATE PREPARED: 11/20/2019 1.For Demolition of Existing Building Areas Please describe areas being removed:A 3' wide opening will be made in existing wall to connect the existing house with the proposed addition. Part of the steps at exterior deck will be removed. IL New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 30' x 18' Dimensions of new second floor: 20' )( 18' Dimensions of floor above second level:N/A Height(from finished ground to top of ridge):29'-1 3/4" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: Crawl Space total height 6-1", height above ground: 2' 2 3/4" 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:2 Story frame house. Cedar wood siding facade. Height: 29'-1 3/4". Pool. Number of Floors and Changes WITH Alterations:2 Story frame house. Cedar wood siding facade. Height: 29'-1 3/4". Pool. Alteration: 1st FL: New Living Room with desk, shower and fire place _ 2nd FL: Exercise room, deck and sauna. IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2047 SF Proposed increase of building coverage: 467 SF Square footage of your lot:38,567 SF Percentage of coverage of your lot by building area:currently: 5.3%, with alteration: 6.5% V.Purpose of New Construction: .The owner desire to have an indoors recreation area directly related with the exterior .deck and pool, while the rest of the house will remain more private. Furthermore, the owner plan a sauna and exercise room, also in direct relation with the exterior. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The land has an average of 5% slope, a beach area next to the coast line and a marsh area. These characteristics don't affect the proposed alteration. With the proposed extension the current BACKYARD would become a SIDE YARD, as a result the currently existing pool would be located in the side yard, which is not permitted. 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 RECEIVED QUESTIONNAIRE 133d FOR FILING WITH YOUR ZBA APPLICATION DEC 0'4 2019 A. Is the subject premises listed on the real estate market for sale? Yes / No Zoning Board Of Appeals B. Are there any proposals to change or alter land contours? jNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? yes 2.)Are those areas shown on the survey submitted with this application? no 3.)Is the property bulk headed between the wetlands area and the upland building area?no 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?yes Please confirm status of your inquiry or application with the Trustees:out of jurisdiction and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?none Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?no ,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?no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel existing single family house and the proposed use same with exercise room, sauna and 2nd living room . (ex: existing single family,proposed: same with garage,pool or her) Erich Schoenenberger 11-12--114 Authoriz signature and Date RECEIVED AGRICULTURAL DATA STATEMENT l Ll� ZONING BOARD OF APPEALS DEC 0 4 2019 TOWN OF SOUTHOLD Zoning 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 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law, 1. Name of Applicant: Erich Schoenenberger 2. Address of Applicant: 96 Bogart St., Brooklyn IVY 11206 3. Name of Land Owner(if other than Applicant):Jeffrey R. Lemler + Anca Lemler 4. Address of Land Owner: 131 E 81 st St. Ph A, New York NY 5. Description of Proposed Project: 2 Story building addition consisting in: living room, exercise room and sauna. Building dimensions: 18° wide x 20° long x 29'-1 3/4" high. 6. Location of Property: (road and Tax map number)320 Broadwaters Rd. Cutchoque 1000-104-10-6 7. Is the parcel within 500 feet of a farm operation? { } Yes 10 No 8. Is this parcel actively farmed? { ) Yes {\A No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this additional property owners) Erich Schoenenberger A 02- / 14 , Signature of ApplicantDate Note: 7`7 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED 617.20 ���� Appendix B Short Environmental Assessment Form DEC 0 4 2019 Instructions for Completing Zoning Board Of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 320 Broadwaters Rd.,single family residence extension. Project Location(describe,and attach a location map): 320 Broadwaters Rd.,Cutchogue NY 11935 Brief Description of Proposed Action: 2 Story wood frame building addition consisting in:living room,exercise room and sauna. Proposed extension dimensions: 18'wide x 30'long x 29'-13/4"high. Name of Applicant or Sponsor: Telephone: 212 941 6494 Erich Schoenenberger E-Mail: es@su11.com Address: 96 Bogart St. City/PO: State: Zip Code: Brooklyn NY 11206 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that F may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: NY STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 3.a.Total acreage of the site of the proposed action? 0.88 acres b.Total acreage to be physically disturbed? 0.01 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.88 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban []Rural(non-agriculture) [:]Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED - 5. Is the proposed action, )SoQ NO YES N/A a.A permitted use under the zoning regulations? DEC 0 4 2019 ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant char c& dn9b-&i " aI NO YES landscape? ❑ EZI 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 7 ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 7 77 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ ❑✓ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ ❑ b.Is the proposed action located in an archeological sensitive area? ❑ ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: m Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? W1 ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ❑YES ❑ ❑✓ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ®YES Storm water will be rollectarl through drains_and discharged to existingdlp il. Page 2 of 4 18.Does the proposed action include construction or other activities that esult in th went of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? 7 3S R If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the NO YES solid waste management facility? If Yes,describe: Z ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na oen r Date: A /Z Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ 11regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ El 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the F-1 F-1establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ El existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED D E C1 4'2"01 a9 Zoning Board Of appeals Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 } APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : LEMLER, JEFFREY R. AND LEMLER, ANCA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit -739 Q Variance ✓ Trustee Permit DEC 0 201 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Zoning Board Of Appeals 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 V If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person . Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this a of ,20 Signature L� Print N R, J EY R. A D LEMLER, ANCA 1 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : SCHOENENBERGER, ERICH (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit 6 Variance V Trustee Permit DEC 0 4 2019 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Zoning Board Of Appeals 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 V If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted is day 200 Sig _-- Print Name SCHOENENBERGER, ERICH i Town of Southold RECEIVED 7,39 R LWRP CONSISTENCY ASSESSMENT FORM HI C " 2011 A. INSTRUCTIONS Zoning Board Of Appeals I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior-to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-104 _ 10 _ 6 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. [E Building Dept. 1�1 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) v (c) Permit,approval,license,certification: Nature and extent of action: -2 Story building addition consisting in: living room, exercise room and sauna. Building dimensions: 18' wide x 30' long x 29'-1 3/4" high. Location of action: 320 Broadwaters Rd., Cutchogue NY 11935 REGEM E Site acreage: 0,88 a. 2019 Present land use: Single Family Use, Residential Zoning Board Of Hppeals Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Erich Schoenenberger (b) Mailing address: 96 Bogart St., Brooklyn NY 11206 (c) Telephone number:Area Code( ) (212) 941-6494 (d) Application number,if any: NIA Will theactionbe directly undertaken,require funding,or approval by a state or federal agency? Yes F� No❑ If yes,which state or federal agency? NY STATE DEC 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 F� No V Not Applicable Subject proposal is not applicable to this policy, in that it will have no impact to the community character, infrastructure nor to the coastal area. 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 1E Yes 0 No I S I Not Applicable Subject proposal is not applicable to this policy, in that it will have no impact to any potential historic and/or archeological resources within the surrounding area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes [E No 4 Not Applicable Subject proposal is not applicable to this policy, in that it will have no impact to the visual quality of the surrounding area. RECEIVE Attach additional sheets if necessary DEC 0 4 2M NATURAL COAST POLICIES Zoning Board Of Appeals Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes 0 No g Not Applicable Subject proposal is not applicable to this policy, in that it will have no impact to the natural resources, life or structures of the area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No F�Not Applicable Subject Proposal is not applicable to this policy, in that it will have no effects to the water quality supply within the surrounding area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [3 No VNot Applicable Subject proposal is not applicable to this policy, in that it will have no effects to the quality and/or function of the Town of Southold ecosystems. RECEIVED 3� 2 DEC ® 4 2019 Attach additional sheets if necessary Zoning Board Of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No[J Not Applicable Subject proposal is not applicable to this policy, in that it will have no effects to the air quality within the surrounding area. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ElYes ❑ a No I'�J Not Applicable Subject proposal is not applicable to this policy, in that it will have no solid waste nor hazardous substances, therefore will have no effect in environmental degradation. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public ,resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesO No E/Not Applicable Subject proposal is not applicable to this policy, in that it will not provide public access nor public use since the affected area is in private property and won't affect any surrounding public areas. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. S LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Q Yes [:1 No Not Applicable Subject proposal is not applicable to this policy, in that the proposal does n an form of water-dependent uses. RECEIVED CO4 2019 Attach additional sheets if necessary oning Epard Of Appeals Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No VJ Not Applicable Subject proposal is not applicable to this policy, in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture etc.) Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No[Y Not Applicable Subject proposal is not applicable to this policy, in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production etc.) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 4 Not Applicable Subject proposal is not applicable to this policy, in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of minerals) Created on 512510511:20 AM REECC/EIVED 3-S Board of Zoning Appeals Application DEC 0 4 2019 Zoning Board Of Appeals AUTHORIZATION (Where the Applicant is not the Owner) n 1, Jeffrey R. and Anca Lemler residing at 131 E 81 st St, PH A (Print property owner's name) (Mailing Address) New York, NY 10028 do hereby authorize Erich Schoenenberger (Agent) SU11 ARCHITECTURE + DESIGN to apply for variance(s)on my behalf from the Southold Zoning Board ppeals. (O is 'gnature) Jeffrey R. and Anca Lemler (Print Owner's Name) FORM NO s TOWN OF SOUTHOLD BUILDING DEPARTMENTDBoard Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.4710 . . . . . . Date . . . . . . . . . . . Aug. . . . .23. . . . . .. 19.7.6. THIS CERTIFIES that the building located at . .Broadwaters. Road. . . . . . . Street Map No. Pians. Pt. . Block No. . . . . . . . . . .Lot No. .1.83. . . . .Cutchogue . . ldaX . . . . . . conforms substantially to the a rams t o f� 1 we & g code dat i. .t before. Apr .�. . . ., 19. 57 pursuant to whicfi�ic a q IqD o?CCup aannay dated . . . . . . . . . . .Aug . -23 . , 19?b ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Pxivat e .olle. .f eLpilly. O.xQ 111AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .Est e . of .Elizabeth .Mauaolf;. N�a�eaz'.et.dates. c�C• (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .Pre-. exist4ig. . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . T.re- .existing. . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . .324 . . . . . . . Street . . F3road�rater3, Road, . . . ,Nass. .Pt , .Catahoaue . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FORM NO.4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector 3(loo { Town Nall DEC 0 4 2019 + Southold,N.Y. Zoning Board Of Appea+s Certificate Of Occupancy No. . 214 958 . . . . . . . . Date . .9c Aohgr.6% . . . .. . . . . . . . . . . . . .. 19 .Q6 THIS CERTIFIES that the building . . . ..Inground. Swimming, pool. . , , . . . . . .. . . Location of Property 320 Broadwaters ,Rdad , . , , .Cutchogue.: .N:Y House lVo. � � � � � . . . . . . " . . . Street .Hamlec County Tax Map No. I000 Section . .1.0 . . . .. . .Block . . .� .. . . . . . . . .Lot . . .O?6 . , Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated 0 Q t AM e r, 12.% , , , , ,, , , , 19 8 3 pursuant to which Building Permit No. ,?2 7 5 3 Z . . . . . . . . . . . . . . . . . dated , , ,November .2 0 ,. , . , , , , , , , . 19 8 3. ,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 . . . . . . . . . Inground Swimming Pool . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . .. . . , Barbara. Kunen . . llx. . . . . . . . . .. . . . . . . . . . . fow»er,Jasi���t+e�a of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . .N/.A. . . . . . . . . .. . . . . . . . . .. . . .. . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . i�643'j 8U . . . . . .. . .. . . .. .. . . . . . . . . . . . -Building Inspector . . . Rev.1/81 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT -73V Office of the Building Inspector DEC 4 2019 Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No 217761 Date FEBRUARY 14, 1989 THIS CERTIFIES that the building ADDITION Location of Property 320 BROADWATERS ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section. 104 Block 10 Lot 06 Subdivision NASSAU POINT Filed Map No. 156 Lot No. 183 conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPT. 26, 1988 pursuant to which Building Permit No. 178022 dated FEB. 3,, 1989 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 FOR AN EXISTING ATTACHED DECK. The certificate is issued to BARBARA KUNEN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N050513 DEC. 16, 1988 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 i FORM NO. 4 RECEIVED/)d + '?� E TOWN OF SOUTHOLD DEC ® 4 2019 E BUILDING DEPARTMENT Office of the Building Inspector j Town Hall Zoning Board Of Appeals Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19437 Date OCTOBER 11, 1990 THIS CERTIFIES that the building ADDITION Location of Property 320 BROADWATERS ROAD CUTCHOGUE N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 104 Block 10 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 1, 1989 pursuant to which Building Permit No. 18681-Z dated __DECEMBER 5, 1989 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 SOLAR SUNSPACE ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to BARBARA KUNEN {owner} of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-147458 - SEPTEMBER 6, 1990 PLUNXBERS CERTIFICATION DATED N/A /� uilAing Inspector Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD ")3 3 2 BUILDING DEPARTMENT DEC 0 4 2019 Office of the Building Inspector Town Hall Zoning Board Of Appeals Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31044 Date: 0?/18/05 THIS CERTIFIES that the building ACCESSORY Location of Property: 320 BROADWATERS RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 104 Block 10 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 22, 2004 pursuant to which Building Permit No. 30785-Z dated NOVEMBER 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 ACCESSORY SHED IN THE FRONT YARD OF A WATERFRONT SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DOUGLAS & BARBARA KLEIN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF ESALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A 1 Authorized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED�a Office of the Building Inspector Town Hall Southold, N.Y. DEC 0 4 2019 Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No: Z-31386 Date: 01Z12/06 THIS CERTIFIES that the building SUNROOM ADDITION Location of Property: 320 BROADWATERS RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Nap No. 473889 Section 104 Block 10 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 21, 2004 pursuant to which Building Permit No. 30786-Z dated NOVEMBER 21, 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 UNHEATED SUNROOM ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DOUGLAS & BARBARA KLEIN (OWNER) of the aforesaid building. SUFFOLK COUWrY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED NIA Authorized Signature Rev. 1/81 ►�''y, , Town of Southold Annex 3/8/2012 ri P.O.Box 1179 r 54375 Main Road RECEIVED Southold,New York 11971 o� DEC 0 4 2019 CERTIFICATE OF OCCUPANC Zoning Board OF Appeals No: 35480 Date: 3/8/2012 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 320 Broadwaters Rd,Cutchogue, SCTM#: 473889 Sec/Block/Lot: 104.40-6 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 2/22/2012 pursuant to which Budding Permit No. 37027 dated 3/1/2012 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: alter existin sunroom to kitchen in an existing one family dwelling as applied for The certificate is issued to Klein,Barbara -- (OWNER) -of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 2098432 5/31/06 PLUMBERS CERTIFICATION DATED 3/8/12 Mark Baxter ArdSignature Town of Southold 2/6/2015 mac, P.O.Box 1179 RECE VED 53095 Main Rd � � Southold,New York 11971 DEC 631-765-1981 2019 �'T;1Yui'S` Board Of Appear I CERTIFICATE OF OCCUPANCY No: 37424 Date: 2/6/2015 THIS CERTIFIES that the building ACCESSORY Location of Property: 320 Broadwaters Rd,Cutchogue, SCTM#: 473889 Sec(Block/Lot: 104.-10-6 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 11/3/2014 pursuant to which Building Permit No. 39429 dated 12/18/2014 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: "AS BUILT"ACCESSORY SHED AS APPLIED FOR The certificate is issued to Lemler,Jeffrey&Lemler,Anca (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 39429 02-05-2015 PLUMBERS CERTIFICATION DATED ZA:�z y - 7-4�- Autho ' t Sign ore < ; 320 BROADWATERS R. REVISIONS CUTCHOGUE, NY, 11935 N0. DESCRIPTIONS DATE RECEIVED PROJECT INFORMATION I - g TA NW > , NxENUYIVA _ 10 ---,C , DEC 042019 Zoning Board Of Appeals fes, =•,.. - i•. PHOTO 5 ,�` a 11/27/2019 74 J 77 18' \ _ ----- ---- - \ \ 18 CML ENGINEER Act, Z �.S1v «�`' -- "fie " -t._ w+, \ �..2 •5' 41 NICAL ENGINEER • v 1PI2O2019 \\\\ P \\° s PHOTO 4 ELECTRICAL ENGINEER N �o^g0 � / 7/2 �q o 11 2 019 / •-` \ \.E I �. _ '` STRUCTURAL ENGINEER 3 I 181 NOM inh Street.Ste.406 Bho*",NewYaM1 11211 t.(212194"494 J � architecture+design All rights reserved The edrve drawdngs,dengns and ideas embodied therein are the pml»rty of su 11.and ehea not be Vplad re(vodoced dlscbsed to others or vJO�K used m conn t for wlI�work otnerprepared, r than pared Fin \ G w.I.nr in a rll.�mnoal me odor wdtt�ennaethod'anon O \\ 38EDPaNs LEMLER EXTENSION � }. 320 BROADWATERS ROAD P E NV 11935 SHEET TIRE: _2 PHOTOS r i 20' _ STEAK OUT DATE:8/3W2019 _ s , PROJECT Na 1108 WAWM MM aw-Br ES PHOTO 2 D SITE PLAN PHOTO 3 D„F,�, roo �r=r-0• 11/27/2019 11/27/2019 PH-100.0 CA00 FlLE No: t OFt Ai TO "+•'7'•,,KI h j�7k 3(k7 j`. - S., r'9y„ylrjt+cy`'y'`. tIL•. ■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■ MEMNON. NONE MEN IMEN w'�_ps,.1�. '`'A' ^c z tt ■■■■■■■■■■AS;" MINES moommom t. 1 q � T ' ® � , .- k ®■i■NN1Ur iNrEEE■■■■■■Eumm7N■■EN ONE ll mumoll MEN k= _ _, :. �„ _ Pt■1■■■■■■■■■EI■EMINEE■�N1110,510■■ �" ^�KY 9.��V•.f� `�� ! ■■�■■■■■■■■■EIS■■■■���■■E�1■_EE■■ -r- ■■_ ■■■N■■■■■UMMIENE■■■■r,2- lREM .., :.Y:•f;ir.:!} ±a., .,: 4.7.{-,i=•�''ti?; ` S ,,.fru;.r... _ i.. e, ��� ■E■■■■■EEENEEf����■i■MIN■■Er©l7NEON ■■NEEEEEE■■NNE■■■■■■■■EEEE■■NMEN --�---'�- _._��__�_1_---.l�a..n:_r`�.r-Y�C7/-..===.c...._.:.:. - - �_--c:�-.•.---�--��.�-:..-Y;.--tea .:L.rv. �,=_ ..-..u-.a:.s..-_.-�--""'"� ,� ,� �^ - TOWN OF SOUTHOLD PROPERTY RECOILD yCARD OWNER STREET r?, '.. _1 VILLAGE DIST. SUB. // LOT 7r fll�. 0 s CORM R WNER (o N E ACR. - �� �.1C� ��; �,( ,� Lt/►Eh S W TYPE OF BUILDING RES..,?Iow SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP.- TOTAL DATE REMARKS b6 a 6 �!/_`s' f �s/'r -5-/2 7tti .SaLb /,55D,9o b,/v, a" ,3,1& _ ,:v u A� i v S/71, NVso!h rd N1, ;317;-e-5 A1/a. / _ �7 C1119176 olb / G 3-5` r_a-c� o o-a 3//J ,� L- y�7r ya,o a a �`35'�'�Q r��I' �?7 c S�►e y y /a r_:" ! ; O t�v�a 3(7 /a d�rP/ S� L r �YC f CY C''ra ,c f/ o /'.a C AGi= G� ,� r, BUILDING CO DITION r ��' �• ifff //%i'-2- /L£N�rr PW,,4:2 � -5-000 13-1:2 /a 7,SIS Cf72 S14r, �� % i�• �'�.5 o v �. PAR, .31, 0 4&3e, 1> :.�1�(1c')0 Tjllalil'e 512f) 2300 S0 0 Y 0 A, n6 a�3��9-3P`"Dl7 oa - d ec �_ �nsy-�u�fig, i,� h�,� (��•s-rn',� ;:'Ire. _ Tillable/sn n e<300 7 �iz X59-. �� - ��>7� ff Tillable 3 030 S -L /�Eao,-)? - E(7 7`D ielet'n ' `t' �" � C)w.DG'_°i01 N _ Woodland 51A?0 / - �!" ~ ' %�a 0 -const Ak2c-_g__ S, ���i ec-,J 'AP 19`! Swampland 1° Swam FRONTAGE ON WATER P 7� Brushland Cm m FRONTAGE ON ROAD /� � 0!./ (�P# 36 )gg rejDL Lc S ,u�Iil= House Plot D % my DEPTH /) a) Q� l�tT ��'��lC>� �.t'1}12lt Gt i�Y)1'DU'�l o I�j°G BULKHEAD Ol DOCK ' 3/ll�a -�P-� 5,W) •W ; . Total 37va ' - 6Z17YI-5,W)�adr)'I 'O 5- 110 . I i. . i. _ / i / try -, , 1 i i . ( a. . �-n , - L W-ir.. Ki jr� V riNOON No ME No 0 No ENNNNM NNIMENMENOM SEE No M 0 JOIN NA 119 MONO NONE M M M M EMMONEW NOMEMIC11 No el MENNEM no ME, M mom M MWISMOS mom E on WINS 'Basement Fire Place Rooms I st Floor Rec of 00 Dormer Driveway SCTM•# /,'. —� TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET 11-20 VILLAGE DIST. SUB. LOT ACR. REMARKS ( rr �� (�C 1��- S tnl6 l x.17 TYPE OF BLD. k' PROP. CLASS --r-' LAND IMP. 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Fr - iY._.1 ,.-�;yt,,,. t,j}: lt!...j,;. i .i}�_'f �: .r, . .r, i ,} .;i'` • �i:L; __±}ir.,:'f:.,.:. ,1 1 t <f�ltl`.. , ..�I,:.:. � 0 u-}.�� - --_- _'1�j:«•'� W t- tr:��''"t��' i,�' �f-.-: s,r•-.�,rj-_�t'`�i' ��.. �t .;�r•-i-1+t 'r"-' ii --+ t�i_-ttlt»�`' ELIZABETH A.NEVILLE,MMC a� r/y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 sn a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS w 5 Fax(631)765-6145 MARRIAGE OFFICER 'y� ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: December 6, 2019 RE: Zoning Appeal No. 7382 Transmitted herewith is Zoning Appeals No. 7382 for Jeffrey Lemler: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire ,/Agricultural Data Statement Short Environmental Assessment Form ,/ Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence-L�.e,�kc,� Kr. * nnrS. I.e, w �+rnw. +Ire C�aa.rd OF Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- 1 W wn of Southold ' P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/06/19 Receipt#: 261456 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7382 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#15988 $500.00 Lemler, Jeffrey Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Lemler, Jeffrey 131 East 81 st St Ph A New York, NY 10028 Clerk ID: JENNIFER Internal ID:7382 Fuentes, Kim From: Erich Schoenenberger <scherich@gmail.com> Sent: Thursday, March 12, 2020 7:33 PM To: Fuentes, Kim Subject: Re: 320 Broadwaters RD, Lemler Residence Attachments: 3745-nassau-point-rd-2.pdf, 650-beachwood-lane-2.pdf; 4125- nassau-point-rd.pdf, 3745-nassau-point-rd-map.PNG; 4125- nassau-point-rd-map.PNG; 650-beachwood-lane-map.PNG Dear Kim, Please find attached 6 files (2 per Comp. Properties presented here). We located 3 property that have been granted a Sideyard Pool (for various reasons). The following are the property addresses: 650 Beachwood Lane, Southold 3745 Nassau point Rd, Catchogue 4125 Nassau point Rd, Catchogue I would like to present these Comps as evidence to confirm the point I made at the March 5th Hearing whereby side yard pools have been accepted and approved in past ZBA hearings. It is our understanding that in our circumstances we could ask for such a relief. Please let me know if I need to present or format these files in any different way. thank you for your help, Erich Erich Schoenenberger R.A. AIA suI l architecture & design 96 Bogart Street Brooklyn,New York 11206 p. 212-941-6494 f. 212-941-6496 Adjunct Associate Professor, CCE MARCH CORE Program Coordinator Pratt Institute, School of Architecture On Mon, Mar 9, 2020 at 12:54 PM Fuentes, Kim <kimf@southoldtownny.gov> wrote: Email is fine. i Kim E Fuentes Secretary-to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 631-765-1809, Ex. 5011 E-mail. kimf @southoldtownny.go Mail to:P.O. Box 1179,Southold, NY 11971 From: Erich Schoenenberger [mailto:scherich(ftmail.com] Sent: Monday, March 09, 2020 12:49 PM To: Fuentes, Kim Cc: Sakarellos, Elizabeth; Westermann, Donna Subject: Re: 320 Broadwaters RD, Lemler Residence Hi Kim, Thank you for this. I will work on this and submit it back to you asap. If I have questions as to how to get this done I will reach out To you. Do you need me to mail you printed documentation of the comps or is email acceptable? Thank you 2 l no Erich Crich Schoenenberger R.A. AIA sul l architecture & design 96 Bogart Street Brooklyn. New York 11206 p. 212-941-6494 f. 212-941-6496 i I Adjunct Associate Professor, CCE MARCH CORE Program Coordinator Pratt Institute, School of Architecture I On Fri, Mar 6, 2020 at 10:56 AM Fuentes, Kim <kimf a,southoldtownny_gov> wrote: No. While waiting for comps from you, one member of the Board will "draft" a decision to be discussed and deliberated during the open special meeting of March 19, 2020 at 5:00 pm. I've attached instructions for you to research comparable prior variances. The first thing you should do is to determine SCTM nos. in the neighborhood of subject property. I � I � Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road I i 1 i Southold, NY 11971 r 631-765-1809, Ex. 5011 3 E-mail:kimf@southoldtownnv.gov Ay 1� Mail to:P.D. Box 1179,Southold, NY 11971 i 3t( I From: Erich Schoenenberger [mailto:scherich@gmail.com] j Sent: Friday, March 06, 2020 10:13 AM ( � To: Fuentes, Kim Subject: 320 Broadwaters RD, Lemler Residence Hi Kim, Following up on yesterdays meeting I would first like to make sure I understand the result of the meeting I correctly; With the application called closed the board will now decide behind closed doors after they have I + received the requested 3 example where a variance was granted for a side yard pool. -Do i understand this correctly? Can you please help me with the information as to how I best can search through prior ZBA approvals on side yard pools. ithank you for your help. !I 1 I { Erich it I 1 Erich Schoenenberger R.A. AIA sul 1 architecture & design 196 Bogart Street 4 Brooklyn, New York 11206 j p. 212-941-6494 1. 212-941-6496 I ti Adjunct Associate Professor, CCE t MARCH CORE Program Coordinator ii Pratt Institute, School"of Architecture ATTENTION: This email came from an external source. Do not open attachments or click on links from j unknown senders or unexpected emails. 5 Sakarellos, Elizabeth From: Sakarellos, Elizabeth Sent: Thursday, February 13, 2020 8:08 AM To: 'Erich Schoenenberger' Cc: Fuentes, Kim Subject: RE: Lemler Residence, 320 Broadwater, Cutchogue Hi Erich, The instructions are in the packet that you are picking up. Kim was away but will be back in the office this afternoon.All the information you need is in the packet you are picking up. Since it is time sensitive be sure to come pick it up Friday otherwise your hearing might be pushed to the lune calendar. Thank you, From: Erich Schoenenberger<scherich@gmail.com> Sent: Wednesday, February 12, 2020 6:07 PM To:Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us> Subject: Fwd: Lemler Residence, 320 Broadwater, Cutchogue Hi Elizabeth The below email just bounced back. I tried to call you again yesterday and today but was not able to reach you. I searched everywhere, but I have not gotten a email from you in regards to the mailing we need to get done. Please resend it to this email. I will try to call again tomorrow am. thank you for your help. Erich Erich Schoenenberger R.A. AIA sul 1 architecture & design 96 Bogart Street Brooklyn,New York 11206 p. 212-941-6494 f. 212-941-6496 Adjunct Associate Professor, CCE MARCH CORE Program Coordinator Pratt Institute, School of Architecture ---------- Forwarded message --------- From: Erich Schoenenberger<scherich a,gmail.com> Date: Wed, Feb 12, 2020 at 6:01 PM i Subject: Lemler Residence, 320 Broadwater, Cutchogue To: Fuentes, Kim <kimf@southoldtownny.gov> Hi Kim, Elizabeth from your office has call us twice alerting me that I have to pick up the package asap to send out the mailings. She had also told me that your office sent out an email to us with all the instructions. I have been looking out for and searching for this email but seem not to have gotten it. Could you please resend it. I will do my best to come out Friday morning to pick up the package and get the mailing out on Monday. THank you, Erich Schoenenberger Erich Schoenenberger R.A. AIA su I 1 architecture & design 96 Bogart Street Brooklyn, New York 11206 p. 212-941-6494 f'. 212-941-6496 Adjunct Associate Professor, CCE MARCH CORE Program Coordinator Pratt Institute, School of Architecture. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 APP 4L, s. &11 &loP APPEALS BOARD MEMBERS* q so�T • Mailiniz Address: 1� Gerard P. Goehringer,Chairman pHOIO Southold Town Hall 53095 Main Road• P.O. Box 1 179 Ruth D.Oliva Southold,NY If 971-0959 James Dimzio,Jr. G� • Q Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �y'roUN�,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 littp://,,outholdtown.nonhfork.net ;C E i vE D ZONING BOARD OF APPEALS 3 TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 L�' 3 Southold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2008 ZBA# 6161 —Application of JAIME AND NANCY SANTIAGO PROPERTY LOCATION: 3745 Nassau Point Road, Cutchogue CTM 111-9-4.1 PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 82,078 sq. foot parcel in an R-40 zone, measuring 200 feet along Nassau Point Road on its western border, 200.03 ft. along Little Peconic Bay on the east, 411.35 ft. deep on a northern border, and 408.94 ft. deep wide on the southern border. The lot improved with a single-family dwelling with garage, as shown on the survey prepared by Nathan Taft Corwin III, Licensed Land Surveyor, dated October 5, 2006, updated April 14, 2008. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: A May 8, 2007 letter was issued by the Town's LWRP Coordinator, Mark Terry, stating this action was reviewed, and stating the action to be inconsistent under the policy standards of Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and the Local Waterfront Revitalization Program, stating that Policy 6.3 requires compliance with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance from the pool to the top of the bluff is 80 feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter 275-3 findings and Chapter 280-116A. The applicant, in proposing to replace a tennis court,with an in-ground pool, has mitigated the difficulty of closeness to the bluff by placing the swimming pool 79.4 from the crest of the bluff where the tennis court was 28 feet from the crest, and will be required to meet the requirements as set forth in any and all Board of Trustees Permits under Chapter 275 and/or Chapter 111 of the Town Code. BASIS OF APPLICATION Request for Variances under Section 280-15, based on the Building Inspector's September 6, 2007 Notice of Disapproval, concerning the location of a proposed swimming pool in a side yard rather than the code-required rear yard or front yard on this lot fronting on Little Peconic Bay. Page 2—June 16, 2008 U ZBA 4 6161—J. and N.Santiago CTM 111-9-4.1 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 29, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicant seeks permission to construct 'a 15' x 40' in-ground swimming pool in a side yard location, 33.9 feet from the southerly side lot line and 79.4 feet from the top of the crest of the bluff/bank, as shown on April 14, 2008 site survey prepared by Nathan Taft Corwin III, Land Surveyor. REASONS FOR BOARD ACTION= On the basis of testimony presented, materials submitted and personal inspections, the Board-makes the following findings: 1. Town Law §267•b(3)(b)(3)(1) Grant of the pool location variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool is to be located on the site of a tennis a tennis court, which has been removed. The pool will be located 79.4 feet from the top of the bank and 144.4 feet from the bulkhead. 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 property has a natural slope and the proposed location is the largest flat area on the lot. Placement of the pool in the rear yard would place it unacceptably close to the bulkhead. 3. Town Law §267-b(3)(b)(3) The variance for a side yard pool is not substantial, given that the proposed location leaves a 33 ft. setback from the neighbor's property. 4. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. It is the result of the applicant's decision to propose construction of a pool after having located the house too close to the bulkhead to allow locating the pool in the rear yard. 5. 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.- Grant of the relief requested is the minimum action necessary and adequate to Page 3—June 16, 2008 ZBA#6161—J. and N.Santiago CTM 111-9-4.1 enable the applicant to enjoy a swimming pool, 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 Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on April 14, 2008 site survey prepared by Nathan Taft Corwin III, Land Surveyor, subject to the following Conditions: 1. That a drywell drainage system shall be installed to protect the bluff/banks from collection of water or rainwater runoff. 2. A backwash mechanical system must have a proper drywell system installed for pool drainage and located not closer than 79 feet to the crest of the bluff/bank. 3. Pool mechanical equipment shall be housed in a sound dampening box. The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property, that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes= Members Goehringer (Chairman), Dinizio, Oliva, Simon, and Weisman. This Resolut' my a e 5-0)./ " erard P. Goehringer, C air n 61-)o12008 Approved for Filing i FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: September 6,2007 TO: James Zizzi for J&N Santiago 10 Cedarfield Terrace aPfl < St.James,NY 11780 ��(p/ BOARD OF APPEALS Please take notice that your permit dated August 27, 2007 For a permit for construction of an accessory in ound swimming pool at Location of Property: 3745 Nassau Pt.Rd., Ctitchogue County Tax Map No. 1000-Section 111 Block 9 Lot 4.1 Is returned herewith and disapproved on the following grounds: The construction of an inground swimming pool on a conforming, 82,028 sq. ft. parcel in a R40 Zone is not permitted pursuant to Article XXII, Section 280-15 which states: ,,In the Agricultural-Conservation District&Low-Density Residential R80... Districts, accessory buildings&structures or other accessory uses shall be located in the required rear yard, ..." The proposed inground swimming pool will be located in the side yard. Authorized Signature �3 EN g O AD —I 01LD MENKA �� I i I�I SURVEY DF LOT��Oo&21 r seCLrnovA ° � u •\\69ifI�I'jl 1 1111111 y NASSAU POINT �H PROPERTIES,INC —Y yj 11 lilll'1ll li Illi IIIi II � ^ man SLTDATEDAl I I I 1 111 11 111 lipNASSAU POINT SV TOWN OF SOUTHOLD �FO I t 1 1 LK OOVNOtt, s � � �! u -- 11 1 1111 1111111j1 I C iA%No OO-tlt-09-.1 ' Aso'c i � -•'w—'-•1.. / J !T A nous wa- a. II SI 1 11' 11 1111,1 1 1 • rrw"a""�.i,a.��m'd wn ..,.. yd ` /,a, —'.u..y /;• /, ,111 111 y 5 r / . ..a•'�".w.e%+`��`^'^'�/ ..y ; .1 � 1 111 ,1 t 9 r ,l ' / / --------_ � ,Y- �`I I' si X11;,1 j11•�,il'11 111 F .I�� / '�; '/•w. I np'In;X11111,I'.1'„ In it 5 1y 1. ^aa � , "' /E I // // ' �' / .wt� �_ L��•• 1 Ill L t � �•.a V, }. .¢ II LL4'1LiMT it Ili if 1 '„11111'1,1 1' ,11 I ., 111 11 I4 ��pa��u ua wren i ! I I .'\ _/ �� ._ `�T•cz`° I -__ '< 1'';'1' ,111 n 1�, a.��r�a,� _`l:1, 1 '�� \\ \•��ia„ � � !Y �1 t"1�'t;:�`.1`G.',4 1• /l__—r _�_ iiiil'llil'l l,wl I II II y . • al.vo cxaas 151! \\ K\ \\ \\ \ \ _ � Y•+��` 1r�' �'� � i'!Ij j11 i�j'1 II ii it F 1`\I 't'' *mires�m'o°r4s f] � r �'• x � I \ "�.a;ac�arsrn,ro�s ecmao.xwzc rs 1. mvarsa.ax.,rs,,.,a, .'� �� 1/ �_1--T \ ♦ � ...y`+-'-f-� i'��'/_ — 111111 11'11 111111 n y 11 A009A' ' Q O 1 wr.O� i _ I 1, `,II614`a yt` / '�l (�n, v,.,. ; E¢ �j999 II ^W¢nm.�i>ru.».x ts•1 m�d FNn a wx�u - 11 1 'a II . FINAL MAV REVIEWED BY ZBA ,1 LOT COVERAGE DATA .. f�}1 � DAT ED o�'1(Llae__8 r9x 1 1 I Yfl tl ���.•+ e.e `wan GF MrFu nMrFA...m Nathan Taft Corwin 111 f) Land Surveyor APPEALS BOARD MEMBERS lox Southold Town Hall Lydia A.Tortora,Chairwoman ® i 53095 Main Road Gerard P. Goehringer P.O.Box 1179 George Horning ® - Southold,New York 11971-0959 Ruth D.Oliva ZBA Fax(631)765-9064 Vincent Orlando ®� Telephone(631)765-1809 http://so4MMprtth,fo BOARD OF APPEALS �o � TOWN OF SOUTHOLD ��1 �OO� FINDINGS, DELIBERATIONS AND DETERMINATIOI' 912? MEETING OF MAY 15, 2003 400hold Town Clerk Appl. No. 5251 -JOSEPH and THERESE CIAMPA Property Location: 650 Beachwood Lane, Southold; Parcel 1000-70-10-56. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 19,575 sq. ft. parcel has a frontage of 135 feet along the south side of Beachwood Lane, Southold, and a depth of 167.77 feet along the west side line, a depth of 178.80 feet along the east side line, and width of 121.04 feet along the rear property (tie lines at mean high water). The property is improved with an existing split-level dwelling with existing open front porch and rear deck. BASIS OF APPLICATION: Building Department's September 16, 2002 Notice of Disapproval, amended December 11, 2002, citing Sections 100-244, 100-239.413, and 100-33 in its denial of a building permit for an accessory swimming pool in an area other than the required rear yard and deck construction: (a) at less than 10 feet on a single side yard, (b)with total lot coverage over the code's 20% limitation, and (c) at less than 75 feet to the concrete retaining wall. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003 and May 1, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct an 18' x 36' accessory in-ground swimming pool and a stone wall surrounding the pool with fence enclosure at 35 feet from the existing concrete retaining all along the edge of wetlands. Also shown on the plan are proposed deck addition and front entry, landward of the established 30 ft. setback from the bulkhead, at its closest point. Together with the pool and the deck additions, and exclusive of the stone terrace surrounding the pool and steps to grade, the overall lot coverage is shown on the site plan (SP-1) revised 5-13-03 will be 21.2%. The westerly side yard setback for the pool with terrace will be 10 feet at its closest point (15 feet to the pool), and the remaining easterly side yard will remain at its established 8.9 feet. Page 2—May,15,2003 ~ Appl. No.5251 —J.Ciampa 70-10-56 at Southold A REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Originally, the applicants requested several raised accessory structures (elevated pool with terrace surrounding the pool, deck additions, and stone walks seaward of the existing home). During the hearings,the architect/agent for the applicant was asked to scale back the project from a proposed lot coverage of 22.5% to approximately 21%. By letter dated May 13, 2003, Architect Garrett Strang confirmed that the northeast section of the roofed, open front porch has been deleted in the amount of 152 sq.ft., and the existing open center section of the rear deck will remain open, eliminating 98 sq. ft. The revised plan dated 5-13-03 confirms 21.2% lot coverage. The neighbor on the west side of the pool in the area of the proposed pool is a community beach which would allow emergency access if needed behind the house and new construction. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Applicants have a well-established high-level ranch home built about 1970 which, after the pool is terraced areas are added, would be centered on the property. The property is +-140 ft. deep on the west side (to the concrete retaining wall) and has a substandard size of 19,575 sq. ft. It is not uncommon for lots of this size to require a minor lot coverage variance, and the pool with terrace require an elevation above grade due to the low contours and ground water levels (FEMA). 3. The relief requested is substantial. However due to the existing location of the house and the property size, the applicants request is not unreasonable when using the scaled- down plan for a maximum lot coverage is not unreasonable. 4. The alleged difficulty is self-created, based on the location of the house on a waterfront lot which dictates the location and size of all accessory structures both at the time of construction and in future planning. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and deck additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3—May 15,2003 Appl.No.5251 —J.Ciampa 70-10-56 at Southold RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to DENY the relief requested for 22% lot coverage, and to GRANT Alternate Relief as shown on the May 13, 2003 revised site plan prepared by Garrett Strang, Architect, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The stone terrace footpath shall be at ground level for the purpose of gaining clear access in any emergency; 2. The side yards shall be open and unobstructed for a minimum width of 10 feet between the westerly property line and the raised terrace/path areas, and a minimum width of 8'9" (existing setback) between the easterly property line and the raised (building) area. This action does-not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Horning. Nay: Member Orlando. (Absent was Member Oliva.) This Resolution was duly adopted Lydia A. To ora, Chairwoman—Approved for Filing 61 /0 /03 • V BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF SO Southold 53095 Main Road•P.O.Box 1179 �� l® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 0 a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��UNT�,� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED 5 am ZONING BOARD OF APPEALS �' N16 TOWN OF SOUTHOLD OCT Z_4 4 016 Tel.(631)765-1809•Fax(631)765-9064 �� , outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 20,2016 ZBA FILE#6986 NAME OF APPLICANT: Ira and Susan Akselrad PROPERTY LOCATION: 4125 Nassau Point Road, Cutchogue,NY 11935 SCTM# 1000-111-9-6.4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 26, 2016 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 September 27, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted , as well as the records available , it is their recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore INCONSISTENT with the LWRP. However,the applicant's design professional,Robert E. Herrmann of En-Consultants, responded to the LWRP's comments by stating that setbacks for the"as built"pool and pool house are not subject of the Notice of Disapproval, and that the pool and pool house were constructed prior to the Town Code amendment in 2015. In addition,Mr. Hermann indicated that the"as built"pool received a Wetlands Permit,No. 8147,which was issued prior to 2013. Accordingly,"as built"construction completed prior to 12/15/15 (L.L.No. 9-2015), even if the action had not received a building permit, only needed variances for distances from the L.I. Sound,Fisher's Island Sound and Block Island Sound. Subsequently, structures having 75 feet from any water body required Board of Trustee approval pursuant Chapter 275 of the Southold Town Code. Furthermore,Mr.Hermann reported in his letter thai the pool and pool house were not damaged during Hurricane's Irene or Sandy. The LWRP does not make reference to the bluff setback of the existing dwelling;therefore,the matters before this Board are consistent with the LWRP. PROPERTY FACTSMESCRIPTION: The applicant's property is a conforming 75,409 square foot waterfront parcel located in R-80 Zoning District. The parcel has 104.58 feet of bulkhead frontage on Little Peconic Bay, fronts 200.06 feet along Nassau Point Road, runs 396.01 feet on the North side, and 377.51 feet on the South side. The parcel is improved with a one story frame house, an in-ground pool, a frame pool house, and wood steps down Paged 2,October 20,2016 #6986,Akselrad � 9CTM No. 111-9-6.4 to the beach, as shown on a survey prepared by Nathan Taft Corwin, Land Surveyor, dated July 31, 1997, and last updated June 24,2016. BASIS OF APPLICATION: Request for Variance(s) from Sections 280- 18; Article XXII, Section 280-116A(1), and the Building Inspector's June 21, 2016,Notice of Disapproval based on an application for a building permit to construct new and legalize"as-built"accessory in-ground swimming pool, at 1) as built in-ground swimming pool located in other than the code required rear yard, 2) "as-built" deck addition less than the code required minimum side yard setback of 15 feet, 3)proposed additions and alterations located less than the code required 100 feet from the top of the bluff, located at 4125 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY SCTM # 1000-111-9-6.4. RELIEF REQUESTED: The applicant requests variances to 1) legalize an-as-built swimming pool partially located in a side yard where code requires accessory structures to be located in the front or rear yards of waterfront properties; 2)Make additions and alterations to an existing residence at+/-72 feet from the top of the bluff where code requires a 100 foot setback; and 3) legalize an "as-built" deck with a side yard setback of+/-'4 feet where code requires a 15 foot side yard setback. ADDITIONAL INFORMATION: The swimming pool and the pool house exist having setbacks of less than 100 feet from the top of the bluff. As mentioned,these structures were built prior to the current town code when only lots adjacent to the Long Island Sound, Fisher Island Sound and Block Island Sound required ZBA setback relief for structures located 100 feet from the top of the bluff. All structures built within 100 feet from top of bluff/bank of all waterways,after December 2015,requires setback relief. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 6,2016 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). Granting of the variances for the side yard location of the"as-built"pool and the bluff setback for the house will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of generally large single-family waterfront homes and the proposed additions and alterations will not change the existing dwelling's bluff setback and will increase the size of the existing home to make it comparable to others in the neighborhood. . The as-built pool is only partially located in a side yard and has a 58 foot side yard setback. This setback is over three times the setback required for a principle structure. Moreover, the subject property slopes substantially downward toward the bluff making the pool difficult to see from the street level. Therefore, the pool's side yard location does not affect the character of the neighborhood. Granting the side yard setback for the"as-built" deck will produce an undesirable change in the character of the neighborhood Although other side yard variances have been granted in the neighborhood,they are much more conforming to the code required setback than the 4 foot setback that the applicant proposes, and the applicant's dwelling has other existing decks in code conforming locations. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant for the side yard location of the "as-built" swimming pool and the bluff setback for the dwelling cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. -The proposed additions and alterations to the dwelling maintain the existing bluff setback therefore any alterations completed on the house will require the benefit of an area variance. The "as-built" pool is only partially located in a side yard. The benefit sought by the applicant for the Paged 3,October 20,2016 46986,Akselradj'` `J SCTM No. 111-9-6.4 side yard setback for the "as-built" deck can be achieved by building a deck in a code conforming location. The applicant has a large building area and has built other decks in code conforming locations. 3. Town Law 5267-b(3)(b)(3). The variance(s) granted herein are mathematically substantial, representing 100% relief from the code for the"'as- built" pool's non-conforming side yard location. The variance granted for the dwelling's bluff setback is mathematically representing 28% relief from the code. The variance requested for the "as-built" deck's side yard setback would represent 74%relief from the code. However,the dwelling legally exists at 72 feet from the top- of the bluff and the "as-built" pool is only partially located in a side yard and has a substantial side yard setback. 4. Town Law 5267-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 5267-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 5267-b. Grant of the requested relief for the dwelling's bluff setback and the "as-built" pool's partial side yard location is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling and pool while preserving and protecting the character of the neighborhood and the health, safety and,welfare of the community. Grant of the requested relief for the "as-built" deck is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 Dantes, seconded by Member Schneider, and duly carried,to GRANT the variances as applied for the"as-built"pool and the dwelling's bluff setback, and shown on the Architectural plans prepared by Studio Cicetti,Architect, labeled S-1 &2;AE 100-102; 200-203;A 100-103;200- 203, dated May 27,2015; and a site plan stamped by Vincent Guadiello, dated July 26,2016; and the survey by Nathan Taft,LLS dated July 31, 1997 and last updated June 24,2016 DENY as applied for the"as-built"deck side yard setback. SUBJECT TO THE FOLLOWING CONDITIONS: 1)The non-conforming"as-built"deck must be removed before a building permit is issued. 2)The entire property must meet chapter 236 of the Storm Water Management Code. 3)The pool may not be enlarged further into the non-conforming side yard. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in 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 ZoningBoard of Appeals. Pagel 4,October 20,2016 #6986,AkseIrad SCTM No. 111-9-6.4 Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted'by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Horning, Schneider (Member Goehringer not present). This Resolution was duly adopted (4-0). 4 Les 'e Kanes eisman, Chairperson Approved for filing/G/ 0/ /2016 BOARD MEMBERS �F so Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road- P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest [ Office Location: . Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Horning o 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQu � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 December 20,2016 Robert Herrmann En-Consultants 1319 North Sea Road Southampton,NY 11968 RE: Request for De Minimus determination AkseIrad#6986,4125 Nassau Point Road,Cutchogue Dear Mr.Herrmann; I have reviewed your letter dated December 4,2016 requesting a de minimus determination in the above referenced Zoning Board of Appeals decision in which you propose to remove the wood deck as required by this Board in our decision,but construct attached wood steps and landing having a side yard setback of less than the permitted 15 feet and accl�:jaii'attaclieMd raised6ftx;2?ft' pW, as shown on your site plan prepared by Vincent Gaudiello,P.E.,last revised November 8, 2016. Based upon the information provided,I have determined that your requested modification is de minimus in nature because no additional nonconformity will be created,and the intent of the original ZBA decision will not be altered. Please contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. S' c �Dln /%tv c eslie Kanes Weisman Chairperson CC: Michael Verity, Chief Building Inspector M '' EN-CONSULTANTS December 4,2016 Leslie Weisman,Chairwoman Board of Zoning Appeals Town of Southold P.O.Box 1179 Southold,NY 11971 ?OJt/�cs 6' Re: Ira and Susan Akselrad,Case No.6986 �i Dear Ms. Weisman: The above referenced application(copy enclosed) was approved on October 24, 2016, with the condition that the as-built northerly deck be removed in its entirety. Therefore, for purposes of subsequent submission to.the Town Trustees,the plan was revised accordingly to show the removal of the entire 294 sf deck.and the construction in its place of a series of code-conforming landings and stairs. T_ The site plan was revised at the same time to depict the removal of a 3.5' x 9.4' portion of existing slate patio located adjacent to the deck to be removed and reconfiguration of the portion of slate patio to remain on the northerly side of the house,actions I don't believe are of concern to the Board of Appeals. However,the plan was,also revised to depict the addition of a raised+6' x 27' patio with an 11"x 9' step at the front of the house. Although located more than 100 feet from the top of bluff and well inside,all of eth required yard setbacks, the raised patio addition does represent a minor deviation from the site plan that was approved by the Board's decision. Therefore, so that the Board may decide whether it is appropriate to issue a "de minimis letter" to authorize the above described changes, I am submitting herewith a copy of the site plan prepared by The Raynor Group,.P.E. & L.S. PLLC, last dated November 8, 2016, which depicts the changes and was approved by the Board of Trustees on November 16,2016. Thanks you for your consideration of this matter and I look forward to your response. Respe ly yours, Robert . Hemnann Coastal Management Specialist 1319 North Sea Road I Southampton,New York 11968 1 p 631.283 6360 1 f 631.283.6136 www enconsultants.com environmental consulting � '- ' v v ` � � akajj �0 Fuentes, Kim From: Paul Nadel <pjnfs25@gmail.com> Sent: Monday, March 02, 2020 10:43 AM To: Fuentes, Kim Subject: Variance for 320 Broadwaters Rd. Cutchogue March 2, 2020 Re: 320 Broadwaters Road, Cutchogue,NY 11935 To: Southold Zoning Board of Appeals Our neighbors Jeffery and Anca Lemler have applied for a variance for construction/alterations for a swimming pool located in their side yard adjacent to our property @ 220 Broadwaters Rd, Cutchogue,NY 11935. We have objection to the location of the fence that abuts our yard and is encroaching on our property. As the fence is in disrepair and they are planning construction/landscaping and improvements, we kindly ask that the improvements include moving the fence onto their property. Thank you for your consideration, Alice and Paul Nadel ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i ;S TYPESET- Thu Feb 20 10 47.20 EST 2020 Section 280-124 and the Building Inspector's of Disapproval based on an application for a LEGAL NOTICE October 25, 2019, Notice of Disapproval permit to construct additions and alterations SOUTHOLD TOWN ZONING based on an application for a permit to con- to a single family dwelling,at,1)less than the BOARD OF APPEALS struct additions and alterations to an existing code required minimum front yard setback of THURSDAY,MARCH 5,2020 single family dwelling; at, I) less than the 40 feet;2)less than the code required mini- PUBLIC HEARINGS code required minimum side yard setback of mum rear yard setback of 50 feet;located at NOTICE IS HEREBY GIVEN,pursuant to 15 feet; located at 3825 Stillwater Avenue 155 West Shore Road,Southold,NY.SCTM Section 267 of the Town Law and Town Code (Adj. to Eugene Creek), Cutchogue, NY No. 1000-80-2-25 Chapter 280(Zoning),Town of Southold,the SCTMNo 1000-137-1-3.1. The Board of Appeals will hear all persons following public hearings will be held by the 10:40 A.M.-EDWARD D.FRANCO#7377 or their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD OF -Request for Variances from Article III,Sec- each hearing,and/or desiring to submit writ- APPEALS at the Town Hall,53095 Main tion 280-15; Article XXII, Section 280- ten statements before the conclusion of each Road, Southold, New York on 105(A),and the Building Inspector's October hearing. Each hearing will not start earlier THURSDAY,MARCH 5,2020. 18,2019,Amended October 30,2019 Notice than designated above Files are available for 9:40 A.M. -PAUL REINCKENS#7359- of Disapproval based on an application for a review during regular business hours and Request for a Variance from Article XXIII, permit to legalize an"as built"six (6)foot prior to the day of the hearing. If you have Section 280-124;and the Building Inspector's high fence in the front yard of a single family questions,please contact our office at,(631) October I,2019,Amended October 3,2019 dwelling and to construct accessory mounted 765-1809,or by email. Notice of Disapproval based on an applica- solar panels;at,1)proposed solar panels lo- kimf@southoldtownny.gov tion for a permit to construct a porch addition cated in other than the code required rearyard; Dated February 20,2020 attached to an existing single family dwelling; 2) "as built" fence is more than the code ZONING BOARD OF APPEALS 1)located less than the code required mini- permitted maximum four(4) feet in height LESLIE KANES WEISMAN, mum combined side yard setback of 25 feet; when located in the front yard; located at CHAIRPERSON located at 1065 Hummel Avenue,Southold, 15919 Route 25, (Adj. to the Long island BY:Kim E Fuentes NY SCTM#1000-63-2-26. Sound) East Marion, NY. SCTM No. 54375 Main Road(Office Location) 9:50 A.M.-PAUL REINCKENS#7361SE- 1000-23-1-8 1. 53095 Main Road(Mailing/USPS) Request for a Special Exception under Article 1:00 P.M. - 925 YOUNGS ROAD, LLC PO.Box 1179 i1I,Section 280-13B(13),the Applicant is the #7378-Request for Variances from Article Southold,NY 11971-0959 owner of subject property requesting au- XXIII,Section 280-124 and the Building In- 2453780 thorization to legalize an Accessory spector's October 17,2019,Notice of Disap- Apartment in an existing accessory structure; proval based on an application for a permit to 1 and request for a Variance from Article III, construct additions and alterations to an exist- Section 280-15;and the Building Inspector's ing single family dwelling;at,1)located less October 1,2019,Amended October 3,2019 than the code required minimum rear yard Notice of Disapproval based on an applica- setback of 50 feet; 2) located less than the tion for a permit to legalize"as built"addi- code required minimum side yard setback of tions and alterations to an accessory garage 15 feet;located at 925 Youngs Road,Orient, converted in to an "as built" accessory NY.SCTM No 1000-18-1-4. apartment;at,,1) located less than the code 1:10 P.M. - BEACHWOOD ROAD 22, required minimum side yard setback of 5 feet; LLC #7380 - Request for Variances from located at 1065 Hummel Avenue,Southold, Article XXIII, Section 280-124 and the NY SCTM#1000-63-2-26. Building lnspector'sNovember 12,2019,No- 10:00 A.M. - MILEVA GOBIC AND tice of Disapproval based on an application DRAGANA GOBIC#7374-Request for a for a permit to demolish an existing single Waiver of Merger petition under Article II, family dwelling and build a new single family Section 280-10A,to unmerge land identified dwelling; at, 1) located less than the code as SCTM No. 1000-70-9-35 which has required minimum total side yard setback of merged with SCTM No.1000-70-9-36,based 25 feet;2)more than the code permitted maxi- on the Building Inspector's October 7,2019 mum lot coverage of 20%, located at 545 Notice of Disapproval, which states that a Beachwood Road(Adj,to the Great Peconic non-conforming lot shall merge with anadja- Bay), Cutchogue, NY SCTM No cent conforming or non-conforming lot held 1000-116-4-22 in common ownership with the first lot at any 1:20 P.M. - MARLEY MCDERMOTT time after July 1, 1983 and that non- AND TRAULANE AGRUSA#7381-Re- conforming lots shall merge until the total lot quest for Variances from Article III,Section size conforms to the current bulk schedule 280-15 and the Building Inspector's De- requirements(minimum 40,000 sq ft in the cember 2,2019,Notice of Disapproval based R-40 Residential Zoning District),located,at on an application for a permit to construct an 465 Mailler Court,Southold,NY.SCTM Nos, accessory in-ground swimming pool and to 1000-70-9-35&1000-70-9-36. legalize an"as-built"accessory deck;at, 1) 10:10 A.M.-JOSEPH MITCHELL#7375 swimming pool located in other than the code -Request for a Variance from Article XXIII, required rear yard, 2) "as built" accessory Section 280-124 and the Building Inspector's deck located in other than the code required November 13,2019, Notice of Disapproval rear yard,located at 275 Majors Path,South- based on an application for a permit to legal- old,NY SCTM No 1000-54-1-26 1 ize an"as-built"front portico and roof alter- 1:30 P.M.-JEFFREY R.LEMLER AND ation attached to an existing single family ANCA LEMLER #7382 - Request for a dwelling, at, 1) located less than the code Variance from Article III,Section 280-15 and required minimum front yard setback of 40 the Building Inspector's November 19,2019, feet,located at 1380 Corey Creek Lane(Adj. Notice of Disapproval based on an applica- to Corey Creek),Southold,NY SCTM No. tion for a permit to construct additions and 1000-78-4-18 3. alterations to an existing single family 10:20 A.M. - SOLUTIONS EAST, LLC dwelling resulting in a swimming,1)located #7379-Request for a Variance from Article in other than the code required rear yard, IIi,Section 280-15 and the Building inspec- located at 320 Broadwaters Road, (Adj to tor's November 19,2019,Notice of Disap- Broadwaters Cove) Cutchogue, NY SCTM proval based on an application for a permit to No. 1000-104-10-6. construct an accessory garage,at, 1)located 1:40 A.M.-CONO CIMINO#7338-(Ad- in other than the code required rear yard, journed from December 19, 2019)Request located at 1055 North View Drive, Orient, for Variances from Article XXIII, Section NY SCTM No 1000-13-3-1. 280-124 and the Building Inspector's June 12, 10:30 A.M. - MILDRED DAVID#7376- 2019,Amended October 4,2019 and Notice Request for a Variance from Article XXiII, #0002453780 r- i STATE OF NEW YORK) )SS! COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck,in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 02/27/2020 • I W W.�il, �� Principal Clerk Sworn to before me this 437day ofZ0'2 . CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No-01VO6105050 Qualified in Suffolk County My Commission Expires 02-28-2024 i i TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS 73 N, SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING wm� h1qFx&J— SCTM No. 1000- 1 ®Lj , I'l) (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK log, --PrT7 maw 16 96r,"wr I, G , S(�j' / residing at 0- New York, being duly sworn, depose and say that: I am the ( ) Owner or Agent for owner of the subject property r On the C� day of � 3 . , 20 20,, I personally placed the Town's Official Poster on subject property located at: 3 Zo 19 ROA-W CAI^ 4 RSO, Cvl-C& oGrtAC /J\./ indicating the date of hearing and nature of application noted thereon, securely upon subject 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 t /-L,7 ri far' to was shown to be 2 (Owner/Age Signature) A Sworn to before me this Day of lO116 201-V Q 0 C of (Notary Public) * near the entrance or driveway entrance of property, as the area most visible to passerby\:=., oo ' a ■ Complete Items 1,2,and 3. A. Sig e ■ Print your name and address on the reverse X AgentOR so that we can return the card to you. ®Addressee ■ Attach this card to the back of the mailpiece, B. Rebeived (Printed Name) C+ tl of livery or on the front if space permits. ,,. 9 1. Article Addressed to: D. Is delivery a dress different from item 1? 10 Ye If YES,enter delivery address below: ❑No Southold Town Hall 53095 Main Road P.O.. Box 1179 r Southold NY 11971 = II I IIII I I II I I I IIII I I I I I II I I III III II II III 3. Service Type o Priority Mail Express@ ❑Adult Signature ❑Registered MaiiTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 4583 8278 1449 49 11 Certified Mall estricted Delivery ❑Certified WHO Retu Receiptfor ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery p Signature Confirmation?M -9_ai+inlo Alnm�ior,?rancfarfmm eprvire lahell __�— :1 Insured Mall ❑Signature Confirmation 7 019 0 7 0 0 0001 8 6 8 0 9002 ,P Insured Mail Restricted Delivery Restricted Delivery (over$500) i PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse i Ag so that we can return the card to you. ° ressee ' ■ Attach this card to the back of the maiipiece, B. Receive by(Printed Name) C. Date of Delivery or on the front if space permits. FEB 18 2Q20 I. Article Addressed to: _ D. Is delivery address different from item 1? ❑Yes ,enter delivery address below: ❑No Suffolk County If YES � Att. Controller T 330 Center Drive - Riverhead NY,,1A 901 h F } I 3. I i II 'III I I III I I IiII I'I I I'I II I I IIII II I I II Ili 11❑Adult Service gn to re Restricted Delivery ❑Reg stered MallRestrictedte® ❑Registered Mailrm 9590 9402 4583 8278 1448 19 ■Certified Mall® Delivery ❑Certified Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signture ConfirmationTM ?019 0700 0001 0680 9 0 8 8 11Insured Mail 11Signature Confirmation ❑Insured Mail Restricted Delivery "Restricted Delivery (over$500 PS Form 3811,July 2015-PSN 7530-02-000-9053 I-- Domestic Return Receipt ■ Complete,items 1;2,and 3,, A. Signature ■ Print your name arfd address on the reverse so that we cars reflyr?the card to you. X ❑Agent ■ Attach this card to tl e'back of the mailpiece, y F,dnied me ®Addressee B. Received b ) C. Date of Delivery or on the front if space permits. , 1. Article Addressed to: _ _ _ D. Is delivery address different from item 1? ❑Yes AMG_ASSociates If YES,enter delivery address below: 0 No Attn: Michael M. Milner P.O. Box 35 11952 Mattituck NY III IIII III I I IIII I III I II I I�I �I I�I I I� Service Type 13RePriority Mall 1 xpress� 13 ❑ i 13 Adult Signature Regstered Mali- 13 Adult Signature Restricted Delivery ❑R 9590 9402 4583 8278 1447 96 Certified Mail® egistered Mail Restricted Delivery Certified Mail Restricted Delivery ❑Return Receipt for _ ❑Collect on Delivery Merchandise 7 019 13 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 0 7 O.OT 0 0 01 0 6 8 0 91126 ❑Insured Mall ❑Signature Confirmation D Insured Mail RestrictedDelivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 (over$500) Domestic Return Receipt r TOWN OF SOUTHOLD 4� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK Lj oA AFFIDAV4T OF RECEIVED In the Matter of the Application of: MAI LI GS I1 Ate, FEB 2 7 2020 � � Zoning Board OF Appeals (Name of Applicant/Owner) 19-y2.0*V WA-1--L'T2 SCTM No. 1000- t04- 1'D — ('P d ess of Property) (Section, Block&Lot) G ® [ / Jiu COUNTY OF SUFFOLK STATE OF NEW YORK �+ I, ( ) Owner, (>6 Agent residing at 5 Iz ATLf- 'of AJy New York, being duly sworn, deposes and says that: I� 2,0 On the _ day of , 20 tO, I personally mailed at the United States Post Office in & iszcsyV ,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 (A Assessors, or County Real Property Office, for every property which abuts and is across a public or p 'vate street, or vehicular right-of-way of record, surrounding the lie ep Signature) Sworn to before e this NICHOLAS ANTHONY GILRONA,N,`: day of 20 NOTARY PUBLIC-STATE OF NEW YORK < No.01 G 16284607 Oualified in Queens Count' (Notary Public) My Commission Expires 06-1.7-2021 _ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next �3 to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ' ' • TM s © RECEIPT CERTIFIED MAV RECEIPTCERTIFIED •. Only �s Q Domestic • f, C Certified Mail Fee 55 Ili cu Certified Mail Fee 55 i-,7 -0 '�°--r I"i321 $ � I,1,'t Fxtra Services&Fees(chackbox,add lee sip pdate) �c�n — ,f; EXt2 Services&Fees(check bar,add fee drop ate) / S n - ❑Return Receipt(hardcopy) $ T-q ❑Return Receipt(hardwpy) $ - - ;'+._a 0O 1 j_-� E3 ❑Return Receipt(electronic) $ // Po !Tt� O ❑Return Receipt(electronic) $ ' - // 0 ❑Certified Mall Restricted Delivery $ }{.�}{}{ FTCnp$D Certified Mall Restricted Delivery $ G C3 ❑ Here 7 O ❑Adult Signature Required $ r n LV Adult Signature Required $ 0 []Adult ®� O $ ®.{ ❑Adult Signature Restricted Delivery []Adult Signature Restricted Delivery ery$ y®� u Postage 1, ~ O Postage C3 $0.55 i_•, I C3 $ c Total Postage and Fees r�i JI 0 Total Postage and Fees i^j 7/� /fir' O $6.95Er Sent To' �Lrq 0 - - — - Sireet a pt ATo. r ■t5"X N Gt 7 N SYieet ApLNo.;YY' XN - C� f t 2p;4a - ------ - ri' �w� t ---- �,- ---- Q�a,3 Giry s��e: ; - - 119 Zr ;_ :rr rr r„•r. TM. Postal ServiceT U.S., . . CERTIFIED MAIL@ RECEIPT CO CERTIFIED MIAILO RECEIPT o Domestic Mail Only to Domestic Mail Only i � � Ir .- eD Certified Mail Fee °._r`: n Certified Mall Fee 1 � 1 Extra Services&Fees(chackba5 add fee as m e) Il` Extra$eN(CBS&Fees checkbox,add lee )i P�°P_f`P( dSn ^ f fxfate) ❑Return Recelpt(hardcopy) is Cj '7 n t� ❑Return Receipt(hardtop» $ �:i:l,(�(�( C��\S n 11°i_fI V' 3 ❑Return Receipt(electronic) $ POstm 0 ❑Return Receipt(electronic) $ r' C-3 ❑Certified Mail Restricted Delivery $ I cl_1 I Postmark Here 0 ❑Certified Mall Restricted Delivery $ V Here f Adult Signature Required $ �' r ry ❑ �I t i � (•'a � O � Adult Signature Required $err— n/ �] ❑Adult Signature Restricted Delivery$ �9tl�g 6 O ❑Adult Signature Restricted Delivery$ $0.`-r�r ” tt ®�(� `�]� O_ E3 Postage I_!°i5 7 `bb Y Postage C3 Total Postage and FEes°r)e /�G�' /t jrl_I �p Total Postage and Fees is er 7i.'/15/211 Sent To Sent To Q- SG� 7br�N u- '� GGUN1 j C39 "i-'dA"--M,orP oz' o. O + - Street and"£"No,oip896 o:--- �----------^----------------- 90 PG u - ' -- ------------ ------------ a_ �jc �7ty;Sieie.ziP+4�+�GGT�Jup �CV Cary Siete. �- ---------- ----------------------------------------- I rr6 APS �1 W 119 ) ,r r,r• See Revers f r Instructions Form':800,April 2015 PSN TM C4 Postal Service CERTIFIED © . ■ .D ir 09.11-19 ir o NATTj)TLVC- 11Y 10? 2"d A L U SID Certified Mall Fee ' - - F_Mra Services&Fees(checkbo>w add lee pdate) `ti� ❑Return Receipt(hardcopy) p ❑Return Receipt(electronic) 7 7po m'��rt�:.t e^: i r•- ,,r C O ❑Certified Mail Restricted Delivery $ >- 0(,,OE rB �3 A ' _ r r ,I- `.;.o G' O ❑Adult Signature Required $ 'I- 4C3 o []Adult Signature Restricted Delivery$ OPostage rc 0 __ p Total Postage and Fees i]}/'1,r iii{ $ $6°9c Er - ( � rq Sent To C Sfreei--- P.1.`Sfo.,`o`i138�ox"6Io: -nll-�G•I/t�- - -------------------------------- Or U7I amity St te, IP+4 '' � 0 1. r r• r r•„ C.NG i COMPLETE •1V COMPLETE THIS SEC7IF"N ■ Complete items 1,2,and 3. A. Si ature ■ Print your name and address on the reverse �� C3 Agent so that we can return the card to you. QKAddressee B. Received by(Printed-Name) C.Dat of livery ■ Attach this card to the back of the mailpiece,, 1 or on the front if space permits. Q. 1. Article Addressed to: _ D. Is delivery address different em 1? Ye 5 If YES,enter delivery address below: 17 No Paul J. Nadel Alice H. Nadel 220 Broadwaters Rd. Cutchogue NY 11935 3.i Illlltltll�l IIIII��Illlltl III�III��IIIIIII 11❑Adult Signature rece eRestrictedDelivery ❑FiegisteradMEl PrIonty Mail aiailResritedl ❑certified Mall® Dellvls J 9590 9402 4583 82781448 02 ❑certified Mall Restricted Delivery ❑Return Receipt for 11collect on Delivery Merchandise 2. Article Number(Transfer from service label). ❑Collect on Delivery Restricted Delivery ❑Signature confirmation!4 -- ❑Insured Mail ❑Signature confirmation' ❑(over 001 Resfricted Delivery Restricted Delivery ' ag01` 116811: 91,01' ` (ov $5 PS"Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS ��,®f S®(/� Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® a� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU Nl`�,� Southold,NY 11971 http://southoldtownny.gov 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 5, 2020 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, Southold, New York 11971-0959, on THURSDAY, MARCH 5, 2020. 1:30 P.M. - JEFFREY R. LEMLER AND ANCA LEMLER #7382 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's November 19, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling resulting in a swimming being located in the side yard; at, 1) located in other than the code required rear yard; located at 320 Broadwaters Road, (Adj. to Broadwaters Cove) Cutchogue, NY. SCTM No. 1000-104-10-6. 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: kimf@southoldtownny.gov Dated: February 20, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 _.�?ONING 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 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net February 5, 2020 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2020 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 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. 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 26th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 3, 2020. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 14 ' 4trTI �. E i� F H E�► Rle+ly The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME : LEMLER , JEFFREY # 7382 SCTM # : 1 000- 104- 1 0- 6 VARIANCE: LOCATION REQUEST: EXISTING POOL LOCATED IN, SIDE YARD AFTER CONSTRUCTION DATE : THURS. , MARCH 5 , 2020 1 :30 PM 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 (631 ) 765-1809 fi r� � l i i 4 YI + Ai {. x t .i. t � , RECEIVED Zoning Board of Appeals pF SO!/ BOARD MEMBERS �� lyo Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yenuffN,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS _V-ED] TOWN OF SOUTHOLD ECEIVED Tel.(631)765-1809•Fax(631)765-9064 r DEC 0 5 2019 December 5, 2019 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 73 82 Dear Mark: We have received an application for additions and alterations to an existing single family dwelling which will place an existing pool in the side yard. 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 Chairpe n B : Y Encls : Site Plan : Erich Schoenenberger Dated : 8/30/19 t BOARD MEMBERS '�OF soyo Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric DantesTown Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycoum,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 5, 2019 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7382 Owner/Application : LEMLER, Jeffrey Action Requested : Additions and alteration to an existing single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K Weisman ZBAT7;wk) By: Encls : Survey/Site Plan : Erich Schoenenberger Dated : 8/30/19 BOARD MEMBERSOF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� jif0 53095 Main Road•P.O.Box 1179 �� 1p Southold,NY 11971-0959 -Patricia Acampora Office Location: Eric Dantes �„ Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU,�y Southold,NY 11971 IY 1►, http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 30, 2020 Erich Schoenenberger 96 Bogart Street - Brooklyn,NY-_11206 Re: ZBA Application#7382 Lemler, 320 Broadwaters Road, Cutchogue SCTM No. 1000-104-10-6 Dear Mr. Schoenenberger; Transmitted for your records is a copy of the Board's June 25, 2020 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 the attached determination to the Building Department. If you have any questions,please don't hesitate to contact our office. Sincere y, Kim E. Fuentes Board Assistant Encl. cc: Building Department 9 a �' t�Ml � a.RCCR xy ___D 10° •o a`3 �' 00 9 sounaU.12 8A(c) mo FD•29 44 4 .fp P.eFravA� LD.45 d 12 aP.pS,x x �4 D'TOWN ny 1A - -' o) �. 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