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HomeMy WebLinkAbout5386 _It i-;a__,_4nf3 FP _ 3 3 — n cvek i P. x( 03. • • • • II 4 i,, �.._ II"`off ai� S APPEALS BOARD MEMBERS �� `�J PO+ , � Southold Town Hall Gerard R Goehringer. ® 53095 Main Road Lydia A.Tortora , ' ' ,� P.O. Box 1179 George Horning ` Southold,New York 11971-0959 Ruth D. Olivae Chairwoman N. "_'�4®�'/ ZBA Fax(631)765-9064 Vincent Orlando „ .' Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED 44d TOWN OF SOUTHOLD Q;3O ,-m FINDINGS, DELIBERATIONS AND DETERMINATION,r, DO 3 MEETING OF DECEMBER 4, 2003 �`� Appl. No. 5386 - LAURENCE AND BETTY ANN RUBINOW. IX Southold Town Clerk Property Location: Munnatawket Road, Fishers Island; Parcel 1000-6-3-3. 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 23,958+- sq. ft. parcel has 293.31+- ft. frontage along the westerly property line, known as Munnatawket Road, and variable lot depth of 73.56 feet along the northerly lot line, and 64.30 feet along the southerly lot line facing Fox Avenue, at Fishers Island. The property is improved with a single-family dwelling shown at 7.2 and 8 ft.variables from the front property line, 50.9+-feet from the northerly lot line, 40+-feet from the easterly rear property line, at its closest points. BASIS OF APPLICATION: Building Department's May 19, 2003 Notice of Disapproval, amended May 21, 2003, citing Section 100-244B, in its denial of a building permit application (submitted May 15, 2003) to a construct proposed addition to the existing dwelling with front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003 and November 20, 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: Applicant wishes to construct additions and alterations to the existing single-family dwelling. The architect's 9/24/03 site plan submitted during the September 25, 2003 public hearing confirmed amendments for the proposed additions, leaving an 8 ft. front yard setback and an 30'7” setback from the easterly lot line. ADDITIONAL INFORMATION:AMENDED RELIEF: During the September 25, 2003 public hearing, the applicant's attorney and architect were requested to increase the setbacks and submit a possible alternative plan that would be more conforming to the code's front setback requirement. On November 7, 2003, the applicant's architect submitted an alternative, revised plan to the Building Department, and the Building Department issued an Amended Notice of Disapproval on November 7, 2003. After Page 2—December 4,200;.. Appl. No.5386—L.and B. Rubinow CTM 1000-6-3-3 further review, the Building Inspector issued additional Amended Notices of Disapproval on November 11, 2003 and November 17, 2003. AMENDED RELIEF: On November 6, 2003, the site plan revised November 3, 2003 was submitted by applicant with elevations and modifications to the proposed additions and deck areas. The November 3, 2003 site plan prepared by Oliver Cope, Architect, indicates revised front yard setbacks at 35 ft. to the proposed new expansion/addition into the southerly yard and at 21 ft. to the proposed new open porch/step area, replacing the open step area at the northerly side of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The granting of alternative relief will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties. The applicant has situated the proposed additions to the dwelling approximately 35-40 ft. from the public right of way known as Munnatawket Road, whereas the original existing single- family dwelling is situated approximately 7-8 ft. from this largely unimproved, approximate 600 ft. long, public access road. The addition will almost meet the modern setback specified in Town Code of 40 ft. from this road. This short street currently serves as an extended driveway to the applicant and three or four neighboring residences, with little likelihood that it will be improved, or upgraded from this low level of use anytime in the foreseeable future. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, because of the irregular shape of this parcel, and the fact that the existing building has a very narrow, non- conforming front yard setback. 3. The requested variance is not substantial because the applicant is increasing the front yard setback for the new addition as much as possible. Total lot coverage, with new construction, will be approximately nine percent. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district because the applicant has carefully located the proposed addition, presented in a new revised plan, which very adequately addressed issues and concerns of this board, which were raised by the original plot plan submitted by this applicant. The Southold Board of Town Trustees has submitted a Letter indicating that the proposed additions and alterations are out of the Wetland Jurisdiction under Ch. 97 and Ch. 37 of the Town Code. Information has been furnished to indicate that the only area of freshwater wetlands is located southeast of the applicant's property on CTM Parcel #1000-6-3-8.3. Page 3—December 4,200:.: Appl. No.5386—L.and B. Rubinow CTM 1000-6-3-3 5. The difficulty for the applicant was not self-created, and is a direct result of the irregular shape of the parcel, and the close proximity of the existing single family dwelling to Munnatawket Road. 6. The relief offered in this application is the minimum determined necessary for the applicant to enjoy the benefit of additional living space, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding 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 Tortora, seconded by Member Goehringer, and duly carried, to DENY the original variance, and to GRANT ALTERNATIVE RELIEF as applied for, as shown on the November 3, 2003 site plan prepared by Oliver Cope, Architect. 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 Oliva (Chairwoman), Goehringer, Tortora, and Orlando (Vice Chairman). Absent Member Horning. This Resolution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 12/(( /03 Approved for Filing I , • 5 1 2 BOARD MEMBER GOEHRINGER: Second. CHAIRWOMAN OLIVA: All in favor. 3 (Whereupon, all Board Members responded in favor. ) 4 CHAIRWOMAN OLIVA: Our next 5 application is for Laurence and Bettyann ,Rubinow, number 5386, and I believe Mr. Hamm 6 is here with us. MR. HAMM: Good morning, Steven 7 Hamm, 38 Nugent Street, Southampton. CHAIRWOMAN OLIVA: How are you? 8 MR. HAMM: Fine, thank you. CHAIRWOMAN OLIVA: We just 9 received this new amended notice of disapproval, and we just got it on the 17th, 10 and we really need all these things at least a week ahead of time before we have a meeting, 11 the application is completed because; we have been getting all these little pieces of 12 information a little bit at a time. Mr. Hamm? MR. HAMM: I'm not sure when 13 Oliver Cope, the architect is here, but he had overnighted revised plans to both you and the 14 building department, and I believe the building department had made a mistake on a 15 notice that he first prepared, and I called him on it so that he could get the correct one 16 to you. But we did make every effort on our end to get paperwork to you. He's gone 17 through a number of amendments in the building department on this, and the latest one is 21 18 feet. At one point he had it at 16 feet. I called him on that, so I apologize for that 19 but on the part of the Rubinow's representatives, namely me and Mr. Cope, we've 20 tried to get things to you in an expeditious manner. 21 The plan itself, which was sent to you at least ten days ago, the plan itself is 22 not changed. MR. COPE: Oliver Cope, 151 West 23 26th Street, New York, I'm the architect. The first set of revisions based 24 on your comments were sent to Steve and the building department I think on the 3rd or 4th 25 of November. Then in part and response to the conversations Steve Hamm had with the building November 20, 2003 6 1 2 department we clarified a couple of dimensions, set another set of revised 3 drawings to them on the 12th. MR. HAMM: And to the Board. 4 MR. COPE: And to the Board MS. KOWALSKI: That's true. 5 CHAIRWOMAN OLIVA: Mr. Horning, our eyes and ears over Fisher's Island, you 6 have some questions? BOARD MEMBER HORNING: In a 7 nutshell then let's go back, the original application had been substantially revised in 8 terms of the location of the new proposed addition; is that correct? 9 MR. HAMM: In response to your comments at the September hearing we tried to 10 eliminate a good amount of the nonconformity that was present in the original application. 11 BOARD MEMBER HORNING: And it looks like the new plan is pretty well 12 tailored to meet some of the comments and suggestions that our board gave you at the 13 last hearing. MR. HAMM: That's correct. We 14 tried -- Oliver went back to the drawing board and tried to fit as much as possible into the 15 permitted building envelope although we still need a small variance. 16 BOARD MEMBER HORNING: Right. Because now the proposed expansion or addition 17 is just slightly nonconforming to the building area, correct? 18 BOARD MEMBER GOEHRINGER: Thirty- five feet of it is, yes. e 19 CHAIRWOMAN OLIVA: Mr. Goehringer. BOARD MEMBER GOEHRINGER: I'm 20 sorry. The plan looks very aggressive. It also looks very nice, and certainly a vast 21 change from what exists there at this time, but I hope we have the ability if this Board 22 grants it to go back and look at it next year. CHAIRWOMAN OLIVA: Mrs. Tortora. 23 BOARD MEMBER TORTORA: I just want to make sure that we're all looking at the -- -- ------- --- i 24 same one. As a matter of fact, we have the only notes on the revisions we have revised 25 for ZBA 11/3; are those the plans? MR. HAMM: There should be a November 20, 2003 2 second set that's revised as per the 12th. Mrs. Kowalski asked us to clarify what some 3 porch steps were, the one that says covered porch. That's the one you should be looking 4 at. BOARD MEMBER TORTORA: All it says 5 is September. MS. KOWALSKI: You're looking at 6 an old set. BOARD MEMBER TORTORA: No, I'm 7 looking at what came in the mail. This says received in our office November 13th. 8 CHAIRWOMAN OLIVA: That should be the correct one. I have here the added 9 proposed porch and dimensions notes are 11/12/03. 10 BOARD MEMBER GOEHRINGER: With an amended disapproval November 17th. 11 MS. KOWALSKI: From the master file. 12 BOARD MEMBER TORTORA: It's essentially the same. The only thing I'm 13 curious about, Mr. Hamm, it really does look a lot better I think it's much more in keeping 14 with what the Board had discussed. Where is the 21 feet? 15 MR. HAMM: Mr. Cope will show you. 16 MR. COPE: What I had not provided on the 3rd was the dimension from that step, 17 which is not covered, the covered porch are those little squares and the columns from that 18 step to the front line here, so from -- CHAIRWOMAN OLIVA: 22-6. 19 BOARD MEMBER TORTORA: 22? MR. COPE: 22-6. -' 20 MR. HAMM: The building department scaled it off at 21. 21 CHAIRWOMAN OLIVA: They scaled it off at 21? 22 MR. COPE: Yes. They qualified dimensions lines as opposed to the -- 23 BOARD MEMBER HORNING: Mine has 22-6. It is 21 you say? , 24 MR. HAMM: The building department was looking at that same plan and said it was 25 21. MR. COPE: Far be it for me to November 20, 2003 ---8- 1 -81 2 argue with the building department. BOARD MEMBER TORTORA: I had that, 3 and I also provided one for more of the elevations. 4 BOARD MEMBER HORNING: It is a preexisting building here though. 5 BOARD MEMBER TORTORA: We need to make sure that the revisions are in accordance 6 with the map -- see the map date says September 24th, and the revision notes on here 7 added proposed porch 11/12. CHAIRWOMAN OLIVA: Right. 8 BOARD MEMBER TORTORA: Because there's so many maps. 9 MR. HAMM: That's the one that should be identified in your decision. 10 BOARD MEMBER TORTORA: Right. It's one hundred percent improvement and 11 you've come up with a very creative -- CHAIRWOMAN OLIVA: Creative. 12 BOARD MEMBER TORTORA: -- but also original solution to a rather difficult 13 property. MR. HAMM: With your help. 14 CHAIRWOMAN OLIVA: Thank you very much for coming and we'll reserve decision and 15 give you this later. Is there anybody else in the audience who would like to speak for or 16 against this application? I didn't say that because I'm just used to seeing Mr. Hamm here. 17 I apologize. May I have a motion to close the hearing and reserve decision until later? 18 BOARD MEMBER HORNING: Make the motion. 19 BOARD MEMBER GOEHRINGER: Second. CHAIRWOMAN OLIVA: All in favor? 20 (Whereupon, all Board Members responded in favor. ) 21 MR. HAMM: If you are inclined to grant the decision. They do want to hopefully 22 get in the house by next summer. BOARD MEMBER GOEHRINGER: We're 23 looking at February 12th right now. MR. HAMM: You're just putting ) vp 1 ,1)& 14-elf" 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 ' TOWN 0 F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X _ - Southold Town Hall 10 53095 Main Road Southold, New York 11 September 25 , 2003 12 9 : 30 a.m. 13 -rte) 14 Board Members Present : 15 LYDIA A. TORTORA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 RUTH OLIVA, Board Member 19 LINDA KOWALSKI, Board Secretary 20 21 _ 22 OCT 2 /� 2003 23 ORIGIN 24 j 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 22 1 2 CHAIRWOMAN TORTORA: ank you very much f. coming in. r-) 3 - have a re. -st here to withdraw an application. I'm . ng to make that 4 motion; it' s on - agenda, the Christiansens . I' ll make the m.. 1.. . 5 : A 'D ME : R OLIVA: Second. CHAIRWOMAN t4'TORA: All in 6 favor. (Whereupon, all of the 7 Board responded in favor. ) CHAIRWOMAN TORTORA: Next 8 application is on behalf of Laurence and Betty Rubinow. Is there anyone here to speak on 9 behalf of the applicant? MR. HAMM: Stever Hamm, 45 Hampton 10 Road, Southampton, for the applicant . CHAIRWOMAN TORTORA: Good morning, 11 Mr. Hamm, how are you today? MR. HAMM: Good. I have the 12 original of the affidavit of posting (handing) . 13 This is a relatively straightforward proposal, I hope. I 14 understand you did visit the site when you were there in August . 15 Basically the Rubinow' s plan to put an addition on a preexisting dwelling on 16 their property on Munnatawket Road. The dwelling currently has a front yard setback of 17 7 . 2 feet going to about eight feet; they would preserve that eight foot setback for a small 18 portion of the addition, then it would generally go back into the main part, the 19 widest part of this fairly long and narrow property. And we feel what this design is 20 the -- would have the least impact on the neighborhood. This is a very small 21 neighborhood. Munnatawket Road, apparently the pavement ends right around their house, 22 and it' s really used only for about three properties on that branch of Munnatawket 23 Road. The neighbor who is the closest, 24 Jensen, we feel this would have the least impact on that property because rather than 25 going straight back toward her property, which we could do to some extent, we' re trying to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 23 1 2 utilize the main portion of the property. Further, the entire southerly half 3 of that property will remain undisturbed, and the structure will only be 18 feet, seven 4 inches in height . So, again, the impact on the neighborhood is minimized. 5 I have today, I've asked Oliver Cope, the Rubinow' s architect, to be here in 6 case there are any questions concerning design. In the meantime, if you have any 7 questions for me I' ll try to answer them. CHAIRWOMAN TORTORA: Couple of 8 questions . The existing house, what is the square footage on that? 9 MR. HAMM: 470 is what I commuted from what Mr. Cope had given me, then there' s 10 an additional deck on that which I don' t have here . 11 CHAIRWOMAN TORTORA: Do you have a CO on that house? 12 MR. HAMM: Yes, we do. Would you like to see it? 13 CHAIRWOMAN TORTORA: I' d like it submitted in the record, yes, I would. 7E) 14 MR. HAMM: When Mr. Cope comes up I' ll pull it out of my file. 15 CHAIRWOMAN TORTORA: There' s a CO on a single family dwelling? 16 MR. HAMM: Yes . Preexisting. CHAIRWOMAN TORTORA: Actually, 17 that' s the major question I had because I saw it, and I said this is tiny and I know you' re 18 trying to preserve that existing eight foot front yard. Couple of real questions I have 19 on here, the existing 470 square foot, are you going to maintain that structure? 20 MR. HAMM: Well, that will be incorporated -- yes . 21 CHAIRWOMAN TORTORA: It' s not going to be demolished? 22 MR. HAMM: No. Mr. Cope can answer that for you. No, it will be 23 incorporated into the building. Apparently, in speaking to Mrs . Rubinow and someone, and 24 George may be able to back this up, a well-known cottage on the island, they call it 25 the Christmas Roost or something, so they did want to preserve it . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 24, 1 2 CHAIRWOMAN TORTORA: A little history there? 7) 3 MR. HAMM: Yes . Y CHAIRWOMAN TORTORA: Before you 4 step down, I just would like to turn this over at this point to Mr. Horning, who is 5 intimately more familiar with it because he lives there . 6 MR. HAMM: Sure . BOARD MEMBER HORNING: I don' t buy 7 into the preservation stuff because people tear down what they want to tear down, and 8 this thing is twice the size of the existing cottage, and it will look completely 9 different . I am concerned of the possibility of wetlands and the proximity of the wetlands . 10 We asked Mrs . Rubinow when my colleagues were there to either come up with a letter of 11 nonjurisdiction from the Board of Trustees or some statement . 12 MR. HAMM: She did not mention -- she did mention the issue of wetlands to me, 13 but not that we had to come up with something formal . I did speak to the surveyor and the 14 environmental permit person whom I use . There are no designated wetlands on the DEC map . If 15 you would like, I can try to get you something more formal on that . Apparently there' s a 16 area, and I mention it on my memorandum, that may collect rainfall, but if the wetlands are 17 not designated on the map they don' t exist as far as the state . 18 BOARD MEMBER HORNING: There was a huge wetlands just south of that property 19 across from the Main Road -- MR. HAMM: I asked the surveyor 20 who has the map and he said no. BOARD MEMBER HORNING: That does 21 feed into that major area and, in fact, anyone going there would quite frequently notice 22 running water alongside of the road. MR. HAMM: What part of the 23 property, Mr. Horning? BOARD MEMBER HORNING: Fox Avenue . 24 MR. HAMM: The Rubinow' s property, unequivocally I can state that entire 25 southernly portion is going to remain undisturbed. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 25 1 2 BOARD MEMBER HORNING: I understand. I'm just concerned with the 1—) 3 proximity to a wetlands . We had an open question there -- 4 CHAIRWOMAN TORTORA: Did you check with the Town Trustees? Because while it may 5 not be a wetlands as designated by the state, that doesn' t necessarily mean that it' s out of 6 our local jurisdiction here . As you know, there are many wetlands area that the DEC will 7 send a letter of nonjurisdiction and will require local approval . So the two agencies 8 have different areas of jurisdiction, and I think the issue here is there is possible 9 wetlands that may not be charted by the state but may be under our local control . 10 MR. HAMM: As I say, if that' s what you would like me to pursue -- 11 CHAIRWOMAN TORTORA: George would that be something -- 12 BOARD MEMBER HORNING: I think it' s a tributary, so to speak, to a 13 neighboring wetlands right across the street on Fox Avenue and probably on the designated 14 map as such. MR. HAMM: It' s not on the state 15 map, that was confirmed to me by the surveyor. BOARD MEMBER HORNING: This 16 property you' re saying? MR. HAMM: Right . There are no 17 designated, state designated wetlands on this property that I've been so advised by people 18 who have seen the map. So it would just be at the local level you would like me to come up 19 with some . BOARD MEMBER HORNING: I ' m going 20 under a theory, Mr. Hamm, that if you had a major wetlands, which was designated as such, 21 which I don' t know if there is designation on this major one across the street on Fox 22 Avenue, but if you had that such thing, and then you had -- I will call them tributaries, 23 smaller wetlands streams whatever on adjacent peripheral properties, and you stopped the 24 flow from all those areas impacted it, then it would impact the larger wetlands . So that' s 25 my concern that there not be much disturbance 1 on this unofficial wetlands . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 26° r 1 2 CHAIRWOMAN TORTORA: I think the issue needs to be clarified here as to address 3 Mr. Horning' s concern. Are there wetlands on the property that fall within the Town' s 4 jurisdiction? And that is something that you can answer for us and certify for us et 5 cetera? MR. HAMM: Sure . 6 CHAIRWOMAN TORTORA: So I think that' s where we need to go as far as the 7 setback; is there the proximity, the eight foot, you' re aware of the Board' s feelings . 8 Yes, you do have constraints on the lot . The requirement' s eight -- the requirement is 40 9 feet . MR. HAMM: That' s right . 10 CHAIRWOMAN TORTORA: You' re proposing eight? 11 MR. HAMM: Right . CHAIRWOMAN TORTORA: What' s wrong 12 with that picture? MR. HAMM: I address the 13 substantial nature of the variance in my memorandum, and I think the context is we are S 14 gradually become -- we' re using that eight feet for maybe less than ten more linear feet 15 then coming back into the widest part of the property. That will have less impact on the 16 Jensen property, which is the nearby property, than we would if we came straight back and 17 then came down, which would be the other option. 18 I mean, Mr. Cope had discussed the proposals with the building department, and it 19 was determined that if they want to do anything on this property I guess short of 20 demolishing this structure and trying to fit it into a rather constraining envelope, they 21 would need a variance . CHAIRWOMAN TORTORA: The issue is 22 that you don' t need a variance; the issue is to grant the minimum variance necessary. 23 MR. HAMM: Taking into account effects on the neighborhood and other things, 24 and this while there may be some alternative to go straight back toward the Jensen property 25 and then come down into the allowable building envelope, that would have more negative impact COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 27 1 I 2 on the neighborhood, in our view, than the current proposal and that I think you should 3 weigh in your determination. In other words, there may be other 4 alternatives and substantial nature of the variance and so forth is certainly one, but I 5 think you should in this case, focus on some of the other factors under the town law which 6 allow you to grant variance, and the neighborhood I think is an important one here . 7 CHAIRWOMAN TORTORA: Having the luxury of visiting this, Mr. Hamm, as you 8 know, sometimes we don' t identify a particular problem. However, if the Board does have an 9 objection to the eight feet of the new structure, okay, could we step that back to 10 ten, you know or something of that nature? BOARD MEMBER GOEHRINGER: I'm just 11 saying at this particular point, it' s a road which does lead to somewhere, but it' s really 12 not, it' s no more than what we refer to as a traveled road. 13 MR. HAMM: And Mrs . Rubinow told me also that she spoke to locals on Fisher' s 14 Island that don' t even know it goes all the way through. 15 BOARD MEMBER GOEHRINGER: I'm just saying, I don' t have any specific objections 16 to the eight feet, but if the Board does have an objection, you know, then -- 17 MR. HAMM: I will let you ask Mr. Cope, since he' s here . If there are 18 design questions or comments that you may have, we' ll take advantage of having him 19 present . CHAIRWOMAN TORTORA: We need to 20 move things along. BOARD MEMBER HORNING: I will say 21 again, there are DEC involvement in wetlands in the immediate adjacent properties . 22 CHAIRWOMAN TORTORA: We agree that issue has to be cleared up, George . 23 BOARD MEMBER HORNING: Pierce Rubinstein, where we had a variance, right 24 down the road from there . CHAIRWOMAN TORTORA: We need to 25 clear that up and the applicant will have to provide that to us . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 28, 1 2 Yes, sir. MR. COPE : Good morning. 3 CHAIRWOMAN TORTORA: Good morning. 4 MR. COPE : I 'm Oliver Cope, address is 151 West 26th Street, New York 5 City, 10001 . CHAIRWOMAN TORTORA: What would 6 you like to tell us? MR. COPE : I 'm here to answer any 7 questions you had. I can tell you about the sort of genesis of this particular approach, 8 if you like. CHAIRWOMAN TORTORA: I think the 9 question, aside from the wetlands, the question has been raised, and the question is : 10 What other alternative could you go to get that off of the eight foot? 11 MR. COPE: Well, we did a couple of alternative schemes, which we discussed 12 with the Rubinows and with the building department, and my first approach actually 13 with them was let' s take a look at what r _ happens if we simply added a second floor. 14 It' s a small cottage . They really -- I understand were making a substantial addition, 15 but I don' t think we' re up more than around 1, 500 square feet right now. It' s still a one 16 bedroom house with a second bedroom in a lower level . The issue with the building department 17 is, unlike many jurisdictions in which we practice, Southold takes a very strict 18 approach to the expansion of an existing nonconformity. In this case, any expansion 19 whatsoever of a nonconforming structure is deemed as being as an expansion of the 20 nonconformity. CHAIRWOMAN TORTORA: Expansion on 21 an nonconforming area? MR. COPE: No . I understand it 22 from talking to the building department, even if we put a second floor on ,it, it remains in 23 the same footprint they would consider an expansion of nonconformity. 24 CHAIRWOMAN TORTORA: Yes, air does count . 25 MR. COPE : So we agree then any expansion of this nonconforming building COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 29 1 2 requires a variance . As it sits, I think there is no direction except perhaps to sort j-) 3 of uphill side of it where we might have six or seven feet where we can expand. There is 4 no direction. CHAIRWOMAN TORTORA: The object 5 here -- Mr. Hamm touched on this before, I want to get this very clear -- you do not feel 6 you could go back any further because you would be imposing on the neighbor; is that 7 correct? MR. COPE : I think there' s always 8 a balance on to who you' re imposing upon. But as you get closer to a neighbor you not only 9 are feeling their proximity more, but they are feeling yours more . 10 CHAIRWOMAN TORTORA: How close would you be if you moved it back? You' re 11 talking too close to the neighbor, how close is it that you would be? 12 MR. COPE : We could go to 15 feet, that' s considered a side yard on that easterly 13 portion, since we have two front yards, so 15 feet . They have a shed right outside -- 14 CHAIRWOMAN TORTORA: So you could go 15 where, Mr. Hamm? 15 MR. HAMM: We could go 15 feet from the easterly property line . Do you 16 want -- we, in anticipating this might be a issue, I had Oliver do some real building 17 envelope for you. CHAIRWOMAN TORTORA: Why don' t we 18 take a couple of minutes to take a look at them. 19 MR. COPE : This shows the building department' s review and suggestion that we 20 designate the rear as this . The side here, front and front (indicating) . 21 CHAIRWOMAN TORTORA: Right , okay. MS . KOWALSKI : How long, how big 22 is the property? BOARD MEMBER GOEHRINGER: This is 23 a one and a half story new addition. There' s a story in the ground and you'-re going to keep 24 a similar type of ridge line to the existing house . 25 MR. COPE : We actually are over building that roof and increasing the ridge COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 30• 1 2 height slightly. CHAIRWOMAN TORTORA: We need to 3 talk one at a time and slow down a minute . I' d like to make a couple of notes 4 here . On this you' re showing a building area with a 15 foot on the rear yard? 5 MR. COPE : That' s the side . That' s considered the side . This is a product 6 of discussions, again, with the building department . 7 MR. HAMM: Just the law, this is considered a corner lot . With a corner lot 8 you need two front yards . However, the code allows you to elect what one, what would 9 otherwise be a rear yard as a side yard, that is why we only need one variance for this 10 application for the front yard. We conformed to the required 15 foot setback in what would 11 otherwise be a rear yard, but I argued that even though it' s designated a side yard, for 12 all intents and purposes, it' s a rear yard. So we' re trying to stay off of that line as 13 much as possible . That' s why we don' t want to build up to 15 feet . Because even though we 14 are entitled to, as a practical matter, it' s a rear yard and Jensens have a house on that 15 property, they have a shed right near there, if you can see . 16 BOARD MEMBER HORNING: A shed, yes . But the house is a good hundred feet 17 away. CHAIRWOMAN TORTORA: Thoughts on 18 that? BOARD MEMBER HORNING: Yeah. My 19 thoughts would be to push it into the building envelope as much as possible. 20 CHAIRWOMAN TORTORA: To get it back a little bit . 21 BOARD MEMBER HORNING: Which is conceivably doable . 22 CHAIRWOMAN TORTORA: I think there are a couple of things we have gone through 23 today. We need a clear letter of nonjurisdiction from the Town Trustees . I 24 think our Board member from Fisher' s Island, as well as myself and Mrs . Oliva would like to 25 try to see the plans fall within the 1 prescribed building envelope . We do respect COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 • 31 1 2 and understand the 15 feet buffer, on the other hand, there is a substantial area in (—) 3 here where you could develop this without further encroaching. I mean, right now 4 because it' s at an angle, it is 30 feet to the closest -- to that property line, but however, 5 with a little different architectural designs, perhaps we could get it more into the building 6 envelope, so that it would be off further back from the ten feet . 7 So I think all we' re asking for is give us a few alternatives here . Is that 8 accurate, George? BOARD MEMBER HORNING: Yes . 9 CHAIRWOMAN TORTORA: Gerry. BOARD MEMBER GOEHRINGER: I 'm 10 still trying to figure out what the ridge is . Could you just give me an idea, is it 16 11 inches higher than the original ridge? MR. HAMM: I have to check the 12 drawings . CHAIRWOMAN TORTORA: Get that 13 information for us . Is there any other information before we recess this hearing that 14 we have to address? BOARD MEMBER GOEHRINGER: That 27 15 and 30 foot seven inches that I'm looking at off the edge of the stairs, is that 27 feet 16 more to the end of the building envelope? MR. COPE : I'm sorry, which? 27, 17 that' s a contour line . BOARD MEMBER GOEHRINGER: Could 18 you just tell us on whatever else you do, what the distance is from the edge of those stairs 19 or the edge of the deck or to the end of the contour line -- I mean to the end of the 20 building envelope, so we know what that aspect of moving that whole structure would be? 21 MR. COPE: I do want to make one point before you adjourn. When you were 22 looking in the drawings, your perception of this plan was that this 15 feet was, in fact, 23 the rear, and you were confused about that dimension here . And I think what you' re 24 asking us to do is do precisely what we tried to avoid doing, which is take the house from 25 what is perceived to be the front and side yard situation now, and push it into much COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 32` 1 2 closer proximity to what is, for all intents and purposes, the rear of the property. '' 3 CHAIRWOMAN TORTORA: I don' t think so. I could draw this on here myself, but I 4 mean, I think -- I think what we' re both seeing is this. Here' s your existing house . 5 For all intents and purposes you could do this and you would not -- you would be lessening 6 the distance to here . You' re saying you want to do this (indicating) . For all intents and 7 purposes you could take the same square, turn it around so it would be parallel to one 8 another, and you would actually increase what we are terming the side yard to the adjoining 9 properties and you' d also increase your setback to the road. These are options 10 that -- MR. HAMM: I think what you' re 11 saying, again, I've got some constraints here given this situation, but say we did this 12 (indicating) . BOARD MEMBER OLIVA: Right . 13 CHAIRWOMAN TORTORA: Correct . That looks to be you just doubled the setback 14 to your property, and you have just increased the setback to the road from eight feet to 40 15 feet . So I think, yeah. BOARD MEMBER HORNING: Our job is 16 to consider the minimum relief necessary. CHAIRWOMAN TORTORA: George, come 17 over here and you can physically see what we' re talking about here . We' re talking about 18 this . We have just taken a 15 foot side yard setback and increased it to at least 35 . We 19 have just taken an eight foot front yard setback and increased to a minimum of 40 . 20 What we' re all saying -- MR. COPE : The reality though, is 21 it is perceived to be the rear. So this is far more constrained here . And, yes, you've 22 kept us from building in this area, but it' s already developed. 23 BOARD MEMBER OLIVA: Just that one little piece . 24 BOARD MEMBER HORNING: But you' d have a far more conforming -- 25 MR. HAMM: It' s conforming, but please, don' t be literal on that . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 33 1 2 CHAIRWOMAN TORTORA: No, we' re not . 3 MR. HAMM: And take the neighborhood into consideration. So it' s not 4 the encroachment on the front yard in this circumstance should be taken in light of other 5 factors, that' s all I ask. MR. COPE: This is defined as a 6 corner, but this is Munnatawket, and so is this . 7 CHAIRWOMAN TORTORA: We understand. 8 MR. COPE : In many ways that' s a bend. You have a long narrow -- 9 BOARD MEMBER HORNING: This is the bend, you flow into it . 10 MR. COPE: I understand there' s one house here which isn' t that a fact they 11 own fifty percent of it? BOARD MEMBER HORNING: Jensen' s 12 right in here because they have a rather long drive . 13 MS . KOWALSKI : Is there a stop +\` sign? 14 BOARD MEMBER HORNING: The road doesn' t go like that . It becomes a private 15 right-of-way. CHAIRWOMAN TORTORA: We understand 16 your constraints, and, however, we do see that you have a lot of options here . At least one 17 clear option that we have demonstrated here that would make the setbacks far more 18 conforming than what you are proposing, there' s alternatives; alternatives that make 19 sense . You maintain that the plan that you presented was because you wanted to maintain 20 the privacy of the distance to your neighbor' s property line . I respect that, however, we 21 have just developed or shown you a plan that you can double their privacy and also double 22 the setback to the main road. So these are considerations that we' d like you to take into 23 account . We would like you to come back and give us a letter of non-jurisdiction or a 24 letter of jurisdiction for concern of the wetlands in that area. 25 So we' re running a little late . I think we' re all on board as to what the Board COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 34 • . 'r 1 2 wants, and then to find out from Mr. Hamm what would be a reasonable time. 3 MR. HAMM: I ' ll defer. MR. COPE : I think we' re into a 4 new design because we' re substantially changing the nature of the approach. 5 CHAIRWOMAN TORTORA: Before we say that, it may not be . Let' s -- I wouldn' t want 6 to -- you may come back and it may be that you , still need the identical variance in terms of 7 this yard. MR. HAMM: Because anything we' re 8 going to attach to this is still going to be within 40 feet . 9 MS . KOWALSKI : It' s going to be within 40 feet, submit that to the building 10 department and submit it to the Board with seven prints . 11 CHAIRWOMAN TORTORA: I think the best thing we can do right now, before we say, 12 yes, we' re going to have to do that, let' s adjourn it and keep it on the docket . 13 MR. HAMM: You want two months or one? 14 CHAIRWOMAN TORTORA: I think two. Let' s adjourn this to December 18th. 15 MR. COPE : That' s three . CHAIRWOMAN TORTORA: I'm sorry. 16 MS . KOWALSKI : November 20th. CHAIRWOMAN TORTORA: You know 17 something, Mr. Hamm, I didn' t have a second cup of coffee . 18 MR. HAMM: I didn' t have one yet . 19 CHAIRWOMAN TORTORA: Let' s adjourn to November. 20 MS . KOWALSKI : To November 20th. CHAIRWOMAN TORTORA: Make a motion 21 to adjourn this to November 20th. BOARD MEMBER OLIVA: Second. 22 CHAIRWOMAN TORTORA: All in favor. (Whereupon, all Members of the 23 Board responded in favor. ) CHAIRWOMAN TORTORA: Take a five 24 minute recess . CHAIRWOMAN TORTORA: Make a motion 25 to take a five minute recess . BOARD MEMBER OLIVA: Second. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 TON4 F SOUTHOL*. PRrSP T RECORD CARD =..ry. .. /0 -- ---W E... _ OWNER STREET VILLAGE DIST. SUB. LOT r .-.4,1�Y e,1 ce. Rub I(.10U� 'Ike' t P t i (Lilti---61-:c.0 << ,� "�� -r /s L G v, . 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B. / / 0 !Dormer Driveway Total . . . _ .., '•', ,..__..2 i,_ 1 ,, a 4\f\ Si)1 1 ) FORM NO. 3 I Pi) (2-v , c� TOWN OF SOUTHOLD / BUILDING DEPARTMENT A)t3 SOUTHOLD, N.Y.6 NOTICE OF DISAPPROVAL DATE: May 19,2003 AMENDED: May 21, 2003 AMENDED: November 7, 2003 AMENDED: November 11, 2003 AMENDED: November 17, 2003 • TO: Stephen Hamm A/C Rubinow 45 Hampton Road Southampton,NY 11968 Please take notice that your application dated May 15, 2003 For a permit for additions and alterations to an existing single family dwelling at Location of property Munnatawket Road, Fisher's Island,NY County Tax Map No. 1000 - Section 6 Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed addition/alterations to a non-conforming single family dwelling, located on a non- conforming 23,958 square foot parcel in the R-80 zone, is not permitted pursuant to Article XXIV, Section 100-244B, which states that, on parcels measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. The .ro s osed addition notes a front and etback of+/- 21 feet. Total lot coverage will be+/- 9 percent. This Notice of Disapproval was amended on May 21, 2003,to address an error. This Notice of Disa o ova as amended on November 7 November 11 and November 17. to address chap'es t i e lan an er Au' orize Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Also, Planning Board Approval is required prior to obtaining a building permit. CC: File, ZBA °` APPLIC DN TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee. ,K / Filed By . AZ ,,,,t %a , Date Assigned/Assignment No. 53V - 4/A3 /:60PAO ( Office Notes: d -) Parcel Location: House No. (no #)Street Munnatawket Road Hamlet Fishers Island SCTM 1000 Section 6 Block 3 Lot(s) 3 Lot Size .57 ac Zone District R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May 19, 2003, amended May 21, 2003 Applicant/Owner(s): Laurence P. Rubinow and Betty Ann Rubinow Mailing Address: 239 Cedar Ridge Drive, Glastonbury, CT 06033 Telephone: (860) 633-8200 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee, etc. Authorized Representative: Stephen L. Ham, III Address: 45 Hampton Road, Southampton, NY 11968 Telephone: (631) 283-2400 Please specify who you wish correspondence tb be mailed to, from the above listed names: 0 Applicant/Owner(s) g;Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED May 15, 2003 FOR: Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100- 244 Subsection B Type of Appeal. An Appeal is made for: • A Variance to the Zoning Code or Zoning Map. O 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 0 has® has not been made with respect to this property UNDER Appeal No. Year i 41111 • Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: proposed dwelling addition and deck are permitted uses in this Zone District. Lot coverage is now only 4% and will be increased to 11%, well below the 20% maximum. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the subject parcel, while very wide, is only about 100 feet deep, making it impossible to satisfy both front and rear yard setback requirements. (3) The amount of relief requested is not substantial because: side and rear yard setbacks are satisfied and there already is an 8-foot front yard setback which will not be decreased. . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the pre-existing setback of the existing dwelling is only eight feet and the building is designed to occupy the central portion t tliemhe vtv aliance been self-created? ( ) Yes, or (x ) No. If not, is the construction existing, as built? ( ) Yes, or (x ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) The parcel is configured in such a way that its width and depth would not allow for an adequate building envelope even if the parcel were now vacant. The degree of nonconformity will not be increased as every effort has been made to site the bulk of Ligl}Ir�fMblAX keu.L;al onion of l,lie aree Tt is is i e MM NI UM a is necessary and a equa e, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 3rdday of June , 2003 Stephen L. Ham, III, authorized agent , ,,ZIJ (Notary Public) CHARLOTTE VAN HOUTEN zsa App 9/30/02 Notary Public,State of New York - No.01VA5001651 CleaCbmmissbnified Expires Suffolk .200C, •PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s). Laurence P. Rubinow and Betty Ann Rubinow I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building. Dimensions/size: Front: 71'-3 1/2"; Rear: 58'-4:1/2": Side: 24'-5 1/2" Square footage. First Floor Enclosed: 1105.2 sq. ft. ; South Porch: 249.7 sq. ft. • North Porch: 213.6 sq. ft. ; and East Deck: 589.3 sq. ft. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building; Dimensions/size: Square footage: II. If land is vacant: _ Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: 'single—family dwelling IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s). V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. • 1 I - 1 l QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? 0Yes 7No B. Are there any proposals to change or alter land contours? ❑Yes g No C. 1) Are there any areas that contain wetland grasses? no 2)Are the wetland areas shown on the map submitted with this application? n/a 3) Is the property bulk headed between the wetlands area and the upland building area? n/a 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? none (If none exist, please state "none") 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 map as approved by the Building Department If none, please state. G. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. SCTM No. 1000-6-3-2 across Munnatawket Road H. Please list present use or operations conducted at this parcel single-family residence and proposed use single-family residence with addition and deck `4r w4., June 3 2003 Authorized Signature and Date Stephen L. Ham, III, authorized agent • • 1111. 14-16-4(2/87)—Text 12 PROJECT 1.0.NUMBER 617.21 SE Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUCANT/SPONSOR 2. PROJECT NAME Laurence and Betty Ann Rubinow Rubinow Addition J. PROJECT LOCATION: Municipality Town of Southold (Fishers Island) county Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) East side of Munnatawket Road, Fishers Island, Town of Southold • (SCTM No. 1000-6-3-3) • 5. IS PROPOSED ACTION: 0 New ®Exoanslon 0 Modlficatlon/alteratlon 6. DESCRIBE PROJECT BRIEFLY: addition of living space and deck to existing single-family residence 7. AMOUNT OF LAND AFFECTED. Initially .57 acres Ultimately .57 acres E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes I]No U No.describe briefly variance to minimum front yard setback requirement is necessaryil 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 ®Residential t0—,Industrial 0 Commercial 0 Agriculture ❑Park/ForesUOpen space Other Describe: *single-family residential (R-80 Zone District) 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.HOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? C_I Yea 0 No I1 yes,list aoencyis)and permi0approvals • Suffolk County Department of Health Services 11. COES ANY ASPECT OF THE AC1t,;V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? El Yes OW It ye:.list agency name and permtUapproval - 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: J Laurence/Betty Ann Rubinow Date 06/03/03 Signature: By 4411140f4-1441 /44- Stephen L. Ham, III, authorized agent II the action is in the Coastal Area, and you are a state agency, complete Inc Coastal Assessmept Form before proceeding with this assessment • • OVER -I 1: • • IIP APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics piolubits conflicts of intciest on the part of Town officeis 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 YOUR NAME: Laurence P. Rubinow and Betty Ann Rubinow (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 or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: 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 m which the Town officer or employee owns more than 5% of the shares. YES NO X 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 that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 3rd ;day f June, 2003 Signature: 42,814.41, Print Name: Stephen ,L. Ham, III, as • authorized :agent • akv,A1 _ p'� Efo I MATTHEWS Sc HAM I Q Yy/ D1 ATTORNEYS AND COUNSELORS AT LAW t `t 1 U 45 HAMPTON ROAD '1 SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS (1912-1992) 1 631-283-2400 STEPHEN L. HAM, III �o\ FACSIMILE 631-287-1076 e-mail:Matthamesq@aol.com BARBARA T. HA.e September 25, 2003 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, Ill RE: Application of Laurence Rubinow and Betty Ann Rubinow (SCTM No. 1000-6-3-3) This Memorandum is being submitted in support of the application of Laurence Rubinow and Betty Ann Rubinow(Application No. 5386)for a variance relating to premises owned by them at Munnatawket Avenue, Fishers Island, New York(SCTM No. 1000-6-3-3). VARIANCE REQUESTED The applicants are requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of an addition to a single-family residence at their approximately .57-acre parcel as shown on the Site Plan for Laurence P.and Betty Ann Rubinow prepared by CME/CPK Design Group under date of March 21, 2003. Under the proposed plan, the Rubinows are requesting a variance to permit the construction of a new addition and deck onto an approximately 470 square-foot dwelling now located on the property. This variance relates to the requirements under Section 100-244.B of the Zoning Code pursuant to which a lot with an area of 20,000 to 1 , 39,999 square feet is required to have a minimum front yard setback of 40 feet. Since the use of the single-family dwelling with an addition is a permitted use in this R-80 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)are as follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The Rubinows intend to build an addition and a new deck on their .57-acre parcel in a residential zone. The new deck will replace in part an existing deck and screened porch. There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. According to the Building Department, the total lot coverage after the additions and alterations will be about 11% in a Zone District where 20% is permitted. The existing nonconforming front yard setback of 7.2 feet will not be increased and the addition has been designed so that less than ten feet of the new construction will maintain an eight-foot setback. g Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The new addition and deck as proposed will not result in an undesirable change in the neighborhood or to nearby properties. Although there are several lots within five hundred feet of the applicants' property that do conform to the minimum lot area requirement in this R-80 Zone District, most are of a similar size to the applicants' parcel, i.e. one-half to one acre, and most of those are already developed with single-family residences. Of the properties that have frontage on this portion of Munnatawket Avenue, only the Zabohonski lot(SCTM No. 1000- 6-3-1), at 2.2 acres, is conforming. The addition will be no closer to the street line than the existing dwelling already is. Although there will be necessary clearing in the building area, the southerly portion of the property, which contains a large number of trees, will remain undisturbed so the house will be barely visible from the main portion of Munnatawket Avenue. In light of that natural screening and the fact that the height of the new construction will be only 18 . feet 7 inches, the visual impact on the neighborhood should be slight. 3. Alternatives. Even if the Rubinows'property were now vacant and construction were being proposed for the first time, building a conforming structure of a normal size and shape would be difficult. The lot is long and narrow, only about 100 feet wide in the prime building area. Even with the designation of the easterly yard as a side rather than a rear - 3 , r 1.__% yard, the configuration of the parcel is such that the conforming building envelope is severely constrained. The situation would present a classic case of"practical difficulty". Under the actual circumstances, however, the property is already improved to some degree, thereby restricting the alternatives. Although the existing dwelling could arguably be demolished and the entire new construction located greater than eight feet from the street line, that alternative is not a feasible one. Some relief from the Zoning Code would probably be necessary anyway. More importantly,the current improvement has value and can be incorporated into the new construction without the expense demolition and reconstruction would involve. Finally,although the Rubinows could conceivably take greater advantage of a 15-foot side yard setback from their easterly property line by moving the proposed structures farther from the road, the impact of that alternative would be much greater on the Jenssen property. Although the Rubinows' easterly line is by definition a side lot line, the area between that line and their dwelling is for all intents and purposes a rear yard. The proposed eight-foot setback from the street line and the proposed thirty-foot setback from the easterly property line would certainly be more desirable for the neighbor and, given that the Rubinows' branch of Munnatawket Avenue is used regularly by only three parcels, would have little impact on the neighborhood. Based upon the foregoing,while there are other alternatives to the Rubinows' proposal, none of them is completely satisfactory. The current plan appears strike an appropriate balance between the desires of the owners and the needs of the public. 4. Substantial Nature of Variance. A variance from 40 feet to eight feet would normally be considered substantial. In this case, however, the degree of the 4 r a variance is offset to a great extent because there already exists at the site a dwelling with a front yard setback of 7.2 feet. Moreover, the new construction will maintain a nonconforming setback of eight feet for less than ten linear feet as the setback of the new construction will gradually become more conforming. While the proposed addition will result in an increase in lot coverage, that coverage (about 11%)will be well less than the 20% maximum. Under these circumstances, the substantiality of the variance is not as significant as the absolute numbers might otherwise suggest. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this -,57-acre parcel will be disturbed. Although water may collect in a portion of the site after a heavy rainfall, there are no officially designated wetlands on the property and no environmental permits or letters of non jurisdiction should be required. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. Proper permits are being applied for prior to construction. The applicants are not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the Rubinows to construct the proposed addition and deck should be granted. S.L.H., Ill 5 Co-1 �' ( `I `1 `r./".M'� r�� tk,. al 1"4" --, 1 1' t l cLU tag —/ J j M 0 1\��11►+1 :, Environmental ConsultingServices NOV 1 8 2003 November 12,2003 1 1j Town of Southold _ _ __ Zoning Board of Appeals 53095 Main Road Southold,NY 11971 Re: Property of Laurence and Betty Ann Rubinow Munnatauket Avenue,no#,Fishers Island S.C.T.M.No. 1000-006.00-03.00-003.000 Dear Sirs: At the request of the above noted applicants I personally inspected this property earlier today. The reason for this inspection was to determine whether or not there were any areas of regulated wetlands located on or adjacent to the property.Prior to inspecting the site I reviewed a copy of the New York State Freshwater Wetlands Map of Suffolk County Map 1 of 39(copy enclosed). In reviewing the N.Y.S.D.E.C.Freshwater Wetlands Map it is noted that there is an area of freshwater wetlands(noted NL-5)located southeast of the applicant's property. In inspecting the site it was noted that the area of freshwater wetlands is a small kettle hole located at the intersection of Mannatauket Avenue and Central Avenue.The area of wetlands is located entirely within the parcel of the property indicated upon the enclosed Suffolk County Tax Map and identified as parcel number 1000-006-03.00-008.003. As measured in the field earlier today and scaled off of the enclosed Suffolk County Tax Map, it is clear that the project,as well as the entire subject property is located in excess of greater than 150'from the limits of the existing area of regulated freshwater wetlands. Given this it should be noted that under Article 24 of the New York State Environmental Conservation Law the N.Y.S.D.E.C.would have no jurisdiction over this project.The reason for this is that under Article 24 the Department only has jurisdiction within that area located within 100'(landward)of the freshwaters wetland line.As far as the Southold Town Trustees are concerned,they too would have no jurisdiction over the project.The reason for this is that under Chapter 97(Wetlands)of the Southold Town Code,the Trustees only have jurisdiction within 100'of wetlands. Upon the Board's review of this material please feel free to contact me at any time with any comments or questions that you might have regarding this project. Sincerely, Glenn E.Just Phone (631) 653-0607 ® Fax (631) 653-3348 121 Jessup Ave ® 2nd Floor ® P.O. 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'11 41 ln• s '€5, r ,'r ti I'll 5'€, 1.iJ ' of Transportation and the United States Geological 1,,,,,,, I•>?�'+,'>����,,rt4�r� }�'`�''� � �� so �f" ' '�' ��at,� �'I F. :{: I�+r �,' s J t'' J ' t}K I'�" !'+ hi locational information rovided on the` 1 = I Serve T, s pj,,J _11461 :,1 .4,0 ,;,''10119, {1' �i ittOki •ii}t'0;11; 45;r,, '" li map is for reference only Marsh symbolsdonot y}t}'bi • ''�tZ9'8 `! r 4 : lI � t pi `?d A' , it a rcr:9 '.I , Otto' 1 ,14 f !,a f f , necessarily,indicate the location of a regulated 11„1-0 •�,i j } i "ii c ii, 1 'r.r j2 n �,� �tl{is 4: ' r '4�} it{��' 1�BI °� ° e`#' ,""fi�t;' +',4'� '1 '.4 it ;r, 'h !`€ `, }�. �; '��'f�i f��t�}y���`t4���,'� G'��.�;i `I,ie� e�{1'`� ;�i21'tI'^�.;l:if' IN„ ±�{` �r id'.a€� y ' wetland.,:I i � � , titjPi13, 14,,,;14ft"�ki "y }b '"l,f +�"I 3i t� i"ii `� 7t d ' . - }' t�s 31iiw ski €'�; t gl�..1 i�,}r �1 y 2t)• S^�Y t areas regulatedW :!}�1�§tE � $ "�"r�4 !�� n, ',� ��"r,' ri ii'••3(�' '�� r+`f•s �''€ 'i '�pAd'acen of the etlands are those �d FiD �jJ'.9..'''",1"':414","110� � ����f1��5�i ' 1 ,;}i�{ ,i�,,� .,�j'n ojj '{;, s;'� 'r!I, ' + A'�;�?•� 3 � OOi3r�aS i Of the i' r '. `f�� NI „'�•'� 9� with,n 100 fast of the boundary Ir.`, °'I �s , rt c f } �t a t , 1' Ise �C,.< - , t; ' ,J .'�,• 1u,�;�sj ' �,,jf. ° t111:41t :i'•iaY !P. },t' ,: ,III .i wetland. These areae are subject to regulation aur , n roar It#;j it 1 I I rd' 4•, 1 't;y s' �a ' ,�sfy'� iAltiV•gIt"'`"+;!11 }1' ; }f,'!l,!€ r ", a-�I +j A i,,i1 },ii''j",'€ ; 3.'"A? j suent to the Freshwater Wetlands Act but are not `,''' .� "---t `l iltr7 <' iul.,ly` X. I Ii{ ,.140,-,.:,._ ; ij J. t, i ,,i. ' ,�,,r 1.,. 3 o.+f'�`�PP , ( ',is,, }td , . ,: ;i,i,€ it} ' I „ells I. 5 delineated on this map, An adjacent area may be V k,• :Et t�r i �, ,f:t'� v rl a 1+;t' r 11 I}. �e;tr , ' 9 .�'`Ii'' 1 °4Htp` 'rA'1 5 tl�i -+ }' J" f .fry' �'tor? cf I extended b s ecial order of the Commissioner of$ j (��}w �' li? "gppg ' Iy i R'"` ' a ''�°.a,',;,: !ji`� ,; gi ; the NeW York State Department of Environmental Itstlittir 9 ��� n Pr�i btj;,= Maar d,,,314 ` i "} il'! is�i!' F t7.i ,;, '„i , r ,1s•` ti:e;;4,1,!,,,,„„1:. ;,t ,,.; ,f,;i_;� s 1i, , ` Conservation or the local regulatory authority. €r • ie,i1lS I tx , r, i6 ,f,�, a•l I,} i• ,r j +yi ” €t ' tj4' F11,01 �;h, I�}� rd\t t w ! ; i. 7 tt _•� i 0 .'4 roil 4 1 r -Iii r-,xYYe, '{1 iE'� . ' ri4• s` Copies of Freshwater Wetlands Maps are available • a I+x� ,>,,,, +. .'r:1`11'1.-$47 1. . € y'1''+l '1'� i :4C Brfrom the regional offices of the Departmentof En '1,•0111(.4; �.t� .•' ,+ix.,i��,1�' „ .,., ��++ 1>;- GI t gih;F ; ' ;, -JJ1'';`•"' 'fri =.1'°,'= jiiii'1' vironmental Conservation. Maps are available for {`a`�i: ,rtF ? � _ '74"1 '( • '4.` . I(, . ..1`' ti d E , 'j,1, ; i -4111".,. ,, c.-\� f, , 'L-44/441.,.I�e�04;,',11,11#- inspection'at these offices and local government (',`Jit ,;'4 s.ei': ,Etd 1101.• • �. . }• •."•. 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I.It1A' :f� N. i }t?i}! r}t ; f ' , \' ``♦ ^3..'./, €p;•3`tti1411'r,t,)'.tl; e •yi t;4a''f• .t'j Itlifi - ( ,• , ,�,I. / ie; •1 MAT THEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 . �— PHILIP B. MATTHEWS ��?? 'N, IJ `) %a.,�'r�m' (1912-1992) 631-283-2400 (' `°' L' .;-.r� FACSIMILE 631-287-1076 IISEP 2003 STEPHEN L. HAa1, III e-mall:Matthamesq@aol corn BARBARA T. HAm ';V71, 011 AFF1A-fiALS ` SeptembeTT572003 BY PRIORITY MAIL Mrs. Linda Kowalski Board of Appeals - Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Laurence Rubinow and Mary Ann Rubinow SCTM #1000-6-3-3 Dear Linda: In Stephen Ham's absence from the office, and in connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners notified, a copy of the legal notice, a copy of the sworn to and notarized Affidavit of Posting, five original certified mail receipts and five original return receipt cards. Upon his return from vacation, Mr. Ham will provide you with the original Affidavit of Posting for this application at or prior to the September 25 hearing. Sincerely, Pftedttot - 141/v1 Charlotte Van Houten, Secretary to Stephen L. Ham, III Enclosures NOV 10 '03 01:04PM SO7JTHOLli BUILDING 631 765 9502 P.1 - • FORM•NO. 3 NOTICE OF DISAPPROVAL DATE: May 19, 2003 AMENDED: May 21,2003 AMENDED: November 7,2003 AMENDED: November 11,2003 TO: Stephen Ham A/C Rubinow 45 Hampton Road Southampton,NY 11968 Please take notice that your application dated May 15, 2003 - �� For permit to make additions and alterations to an existing single family dwelling at A,, ,,. , - _ ( Uy� Location of propexty: Nliiz- atawket Road,Fisher's Island,NY S , ' County Tax Map No. 1000 - Section 6 ' Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: \ The nrososed additionlalteration to a non-conforming sle-family dwelling, located on a non- conforming 23,958 square foot parcel in the R-80 zone, is not permitted pursuant to Article)(XIV Section 100-244B which states that on parcels measuring between 20,000 and 39.999 square feet in total size,require_a minimum fr_ and setback of 40 feet �� :47jr:ot- The proposed addition notes a front yard setback +/- 16 feet. ��� �.t-fr�`� 2 Total lot coverage, following construction,will be - p 640( +4 NI e" This Notice of Disapproval was amended on May 21,2003, to address an error on behalf of the building department. This_Notice of Disapproval was amended on November 7,2003 and on November 11,20,..ta-eddreso,changes to the proposal. ��' �? /� , ) Authorized Signature Note to Applicant: Any change or deviation to the above referenced pplication, may require further review by the Southold Town Building Department. CC: file,Z.B.A. a ;"-•,;(,"...,r,"4-..10,,,":,r,,,,,,T•re,4•1545,'"'7-•.''' . , .,•41-,4,17-,-",-)^4^,^---;',.-•••-•'„,;,-,^0,4-,-- - -- . 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NEW YORK, NEW YORK 10001 DATEG JOB NO. ./'y (212) 727-1225 V Fax (212) 675-5979 ATTENTION N : )(cc-. 1( TO SOL) c Qk "--i n RE S o9_S n9-in c..e)-R-\-.0\d / py t \ci -Li_ NOV 3 2003 lam' ,...i' ' WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items: > O Shop drawingsints 0 Plans 0 Samples LI Specifications ❑ Copy of letter 0 Change order El COPIES DATE NO. DESCRIPTION -7 972 0gg2- I. \ (TQ PlacTh THESE ARE TRANSMITTED as checked below: ❑ For approval El Approved as submitted 0 Resubmit copies for approval or your use El Approved as noted 0 Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment El O FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO 0 ( • " - - - "— SIGNED. if enclosures are not as noted,kindly notify us at once. 41. _ tif(3{� ' t Appl. # 3-3 Applicant's Name: f /3- / ? /? -P,/ ; it/�-Vd3 Notice of Disapproval dated //o 3 • /�/7/03 Preparation Date of Site Map or Survey Notes: G` Amended Notice of Disapproval dated //1-/l-d CL ��i261--z- yi Date Appeal was amended by applicant (letter or initialed Appeal). '- /// -d s Notes: hiap cL, ci //-,/all 3 ,j, c acXgc/,�o c. c</,< & if pyv ,. + -�% � / o -e c.d ,i,?c,27 6.7 Amended Notice of Disapproval dated Date Appeal was amended by applicant (letter or initialed Appeal): Notes: Floor Plans prepared by dated &c/-6) fit O ` *z/ CRA,40 1i di)I03 pg- MATTHEWS Sc HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS ® 6 2003 0t (t2-t002) 631-283-2400 NOVlv Iq STEPHEN L. HAM, III FACSIMILE 631-287-1070 _ e-mail:Matthamesq@aol coh'IrbPk14) rn BARBARA T. HAM November 5, 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Laurence Rubinow and Betty Ann Rubinow (SCTM No. 1000-6-3-3) Dear Board Members: I have enclosed seven prints of a revised site plan with elevations prepared by Oliver Cope Architect under date of September 24, 2003 (page SP-1 .1). I have delivered another print of this revised plan to Damon Rallis in the Building Departmenl with the request that he prepare an Amended Notice of Disapproval and forward the same to you with a copy to me. Please note that the correct scale of the plan, 1" = 16 feet, appears at the bottom of the page. The scale appearing in the box at the lower right is incorrect. I will appear at the next hearing of this matter at 9:40 a.m. on November 20, 2003 with the architect, Oliver Cope. If you have any questions or comments or if you require any further information or documentation in the meantime, please give me a call. Very truly yours, Gefh-4**- 5F t0 Stephen L. Ham, III Enclosures yh `+� ZBA OFFICE COVER SHEET TO: Ruth, Lydia, Jerry, George, Vincent Board of Appeals FROM: ZBA Office DATE: /( / /A / 2003 SUBJECT: File # 5-3i49 - Date of Next Meeting: //1,9-v , ci0 03 Please find attached copy/copies of ( 'itA,►did d /V /9 /v O r 7 /2 a-v. l�1 0) , ��// /2-e-b-su2-1- ' /1-L. v 11-7, submitted by 4 • q 4'1 Please keep for the upcoming ZBA meeting. Thank you. ZBA: r,L .3 Encl: > ( 10747, 2do3 -. Co fivio Vm vim. _ A i 1` g 77 1/??! . .. .. .. 1..... SEP ® 8 2003.......1.. ....... ....Q. .7-(ii a3?rzike jO� .. .. ... .. . -`t.m. _f9L:or-a.s . . .. �.ee�Je e.c�.r.? ..&.(. ../�-�b�:!�o�?..).-.&43..h‹.. .. .. 5 vMMQ R .. . .:t:.e?s:. . 1P.v.tf7r � k"C .on/.f7�i ). (4�. ..... ...c f .% .. , .. . '&c;.. / , 64 .t .e•#-. ....a Wive, I?o.. d j.ec ca-,.- o.- :.p.) n:o, ... . . . . . .Au:r.4-..61.-?.cPci.:... .. ..... ........ .... . . .... . ... --. . ... . ... ...... . . .. .. ... . ... ... G./)70/Q (Joe }), . / iaw ... .. . ...g/5 90/er-4eoOL ia'. f4UO1 Cf_610001. . Cglic6)-67R- /Dkf- . _ 0 !g 0 ro IA ', :t. s' 71.-,.c ier i II tik 1. . ......‘ ,„..),,„ , . ,_ , \.mu ,, 1,,,, ,i,.�41, �� ,"°� t� �; .%A"� w' ,lqNe, ,�iAr,,,,,_ t� �I'�;``,,ki, k: kjt\ 1 : ,, ff ��G' v,, : =` { )�t �,''' _` 1 j� `q tr a �\,, �N 1y 1 @> � aY ? Y� Via^ :� �1�,t,,r 11 ♦i% �t ,;‘•..,,,.(q,\; s: 1S` f,:lll� 4/ -,1 I1 t,_,1 t�/g, i it 1' '� �t�l '�T� � \\s \� V; iV'%f� t1` 1, 'Hi •�1 .� 4F1'trj irl�'1Pi ' 1 t MA••!,A :A NiVV,,t, G tr '{ rri ' tY+ 1}`i ,,,.;� l, , , '+1J ,j° I \V\!s'c N., l' __I, 1,X\fl .✓Ir' iii` \\ .! �3 /:Oi �tr''/°` 11 r., iI ! 1 v OLIVER COPE ARCh: -;CTw, .: �� IEIA 0I 4RAIKAGu�II DUMIL - 151 W. 26th St. 8th FlooV NEW YORK, NEW YORK 10001 SEP — 4 2003 TE (212) 727-1225 DI � 63 D3 0 JOB No. ?+ Fax (212) 675-5979 A ENTION ZONING SOW OF APPEALS Li f/ �Q wp� t—ol,✓AtS4.1 TO a C atiTh___ . RE Ir.vel lA�l� v/.C�9 )[.e (A �L/c.�,• 7 �L. IYK, ,1.Ii`1f , 6) WE ARE SENDING YOU 'Y Attached 0 Under separate cover via 'the following items: ❑ Shop drawings ,Prints • ❑ PEans • • -0 Samples- . 0 Specrflcatlons.. .,..•- " . ' ' ' •- ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO • DESCRIPTION - S CM,Tril� j°0 {��khd$a �; . . • ,. '., _. . .. • . • • THESE ARE TRANSMITTED as checked below: - ❑ For approval ❑ Approved as submitted 0 Resubmit copies for approval For your use ❑• Approved as noted ❑ Submit copies for distribution > • ❑ As requested ❑ Returned for coYrections • . `0 Return • corrected prints••• 0 For review and comment ❑ • • •• ❑ FOR BIDS DUE -- • 0 PRINTS RETURNED AFTER LOAN•TO US _- REMARKS y ' .. • • • COPY TO . ` " ' SIGNED: / 0 '4_ kut-LiA_G-<--u-d: , . . i P-P4) 17025- u RECEninti, VER COPE ARCHITECT - . _ SEP - 4 2003 Memorandum ...- zoN,t'4'cv_ao.4i10 OF APPEALS .. • DATE: - eptember 3rd 2003 " , JOB NAME: Rubinow • . . . - JOB NUMBER: 0207. . . .._ . . TO: Official - Zoning Board of Appeals FAX NUMBER: ' , ' � .. -.•.. .... - FROM: . Jay Castro , RE: - Rubinow Variance Application . MESSAGE: . . . . . ,. ': .. . Zoning Board of Appeals ' Town of Southold P.O. Box 1179 ' Southold,NY 11971 • . . ' '" """ .. . .. Atm: Mrs Linda Kowalski , Secretary Re: Rubinow Variance Application Drawings ,, Dear Linda, -p,,.„ Fel) roc t'Ac(06,6"S -`a ;; Please find enclosed 7 sets of the Rubinow permit set drawings first issued in April 21', - 2003, pursuant to hearing scheduled for Sept. 25 at 10:00 AM. . ... . Please review the enclosed and give me a call if you may require any further information r and/or documentation. • " Regards, , . - _ - •. : _. -Jay Castro—O.C.A. . , . . . . .. .. 151 WEST TWENTY-SIXTH STREET• EIGHTH FLOOR NEW YORK,NEW YORK 10001 (212)727-1225 "' ' ' ' • i s) L, 6 /1 g/� 3 Flo - ' Catherine J. Jenssen P.O. Box 214 Fishers Island,New York 06390 rn }��i�����•�r��63 August 29, 2003 � SFp -,® 2 4 s Board of Appeals Town of Southold P.O. Box 1179 Southold,New York 11971 Dear Members of the Board of Appeals: We have been informed by Mr. &Mrs. Laurence Rubinow of their application to build an addition on their cottage. We have no objections to the proposed addition to their cottage. Very truly yours, act_o_e_i:j2) Catherine J. Jenssen J Ile AV) ✓,}^Y`I/ 'L' v MATTHEWS 8c HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS (1912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail Matthamesq@aol com BARBARA T. HA-I July 25, 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 ,, :4; �; rt,--7.11,P ,:,;, Southold, NY 11971 ` JUL 2 8 2003 Re: Application of Laurence Rubinow and Betty Ann Rubinow (SCTM No. 1000-6-3-3) Dear Board Members: Please be advised that the corners of the proposed dwelling addition relating to the referenced application have now been staked in case you wish to visit the site when you are on the Island on August 13. Very truly yours, 41-yita4-- 1f2- Stephen L. Ham, Ill I' '1 S n) MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS 631-283-2400 4912-1992) FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail:Matthamesq@aol com BARBARA T. HA.K June 4, 2003 BY PRIORITY MAIL Zoning Board of Appeals Town of Southoldvt P.O. Box 1179 � ���,3 p 2 1''�- � Southold, NY 11971 f ofj - Attn.: Mrs. Linda Kowalski, Secretary Re: Application of Laurence Rubinow and Betty Ann Rubinow (SCTM No. 1000-6-3-3) Dear Linda: In connection with the referenced application, I have enclosed the following: 1. Original and six copies of Applicant Transactional Disclosure Form, signed by me as agent. 2. Seven copies of a Notice of Disapproval, dated May 19, 2003, amended May 21, 2003, as faxed to me by the Building Department. (The original of the amended Notice was never mailed.) 3. Original and six copies of Application to the Town of Southold Board of Appeals, duly sworn to by me as agent, consisting of the first page, Part A: Area Variance Reasons, and Project Description. 4. Original and six copies of Z.B.A. Questionnaire, signed by me as agent. 5. Original and six copies of Short Environmental Assessment Form, signed by me as agent. 6. Seven prints of a Site Plan of the premises prepared by CME/CPK Design Group, dated March 21, 2003. 1 Zoning Board of Appeals Page 2 Mrs. Linda Kowalski, Secretary June 4, 2003 7. My check to the Town of Southold in the amount of$400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on the calendar for a public hearing on the earliest possible date. Thank you for your attention to this matter. Very truly yours, /tee- /42N-4-- Stephen L. Ham, Ill Enclosures cc: Mr. Oliver Cope (w/o enclosures) APPEALS BOARD MEMBERS Southold Town Hall fjJ Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 D George Horning Tel. (631) 765-1809 Vincent Orlando Fax 765-9064 (alt. 1823) http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 12, 2003 By Regular Mail and Fax Transmission to 287-1076 Stephen L. Ham III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: Appl. No. 5386 — L. and B. Rubinow Dear Mr. Ham: Enclosed please find a copy of the findings and determination rendered Board of Appeals at their Meeting held December 4, 2003. When returning to the Building Department for the next step in this building/zoning review process, please provide their office with an extra copy of the enclosed determination and, if applicable, the amendment to the maps to show conformity with the Board's decision. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 12/12/03 to: Building Department ELIZABETH A. NEVILLE Os s,OSUFFO��►�o,\ Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 • REGISTRAR OF VITAL STATISTICS ! �� Southold, New York 11971 ® �� Fax(631) 765-6145 MARRIAGE OFFICER 4, RECORDS MANAGEMENT OFFICER ----741 �® *IV i. Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER -_1 * *•V�� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, Southold Town Clerk DATED: June 10, 2003 RE: Zoning Appeal No. 5386 Transmitted herewith is Zoning Appeal No. 5386 of Laurence and Betty Ann Rubinow by Stephen L. Ham, III of Matthews & Ham for a variance. Also included is: Applicant Transactional Disclosure Form; Project Description; ZBA Questionnaire; Short Environmental Assessment Form; Notice of Disapproval dated May 19, 2003, amended May 21, 2003; and survey. Town Of Southold P.O Box 1179 _ outhold, NY 11971 * * * RECEIPT * * * Date: 06/09/03 Receipt#: 10441 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 10441 Total Paid: $400.00 Name: Rubinow, Laurence & Betty Ann 239 Cedar Ridge Dr Glastonbury, CT 06033 Clerk ID: LINDAC Internal ID:76577 , �F SEP 1 6 2003 ATTACHMENT TO .. ,. AFFIDAVIT OF MAILING SCTM No. Owner and Address 1000-6-3-1 Annette Zabohonski c/o 141 Eddy Lane Newington, CT 06111 1000-6-3-2 Laurence P. Rubinow & ors 555 Main Street Manchester, CT 06040 1000-6-3-4 Catherine J. Jenssen P.O. Box 214 Fishers Island, NY 06390 1000-6-3-7 Elinor O. Howard 215 Cider Brook Road Avon, CT 06001 1000-6-7-6 Alfred R. Grebe, Jr. Fox Avenue P.O. Box 576 Fishers Island, NY 06390 sr? (Aw '4e • COUNTY OF SUFFOLK ititi 4. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING December 29,2003 Town of Southold Zoning Board of Appeal Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Droege,Madeline* 5186 Schlussel, Murray(Estate of) 5259 vRubinow,Laurence and Betty Ann 5386 Brown, Karen 5411 Forchelli, Jeffrey 5418 Cheska, John and Kathy 5423 Sogoloff, Dimitri and Helen** 5426 Rodin, Charles and Barbara 5433 Pagano,Joseph 5434 *Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. **Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G 1CCHORNYIZONINGIZONING\WORKING\LD20031DEC1SD5186 DEC LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4Th FLOOR ■ P. 0 BOX 6 1 00 ■ (5 16) 853-5 190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D. Oliva,Chairwoman P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 George Horning ZBA Fax(631)765-9064 Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 22, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) • B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B 5186 DROEGE, M ACCY WIND TURBINE — LOC. & HEIGHT X 5259 SCHLUSSEL, M NEW DWELLING — FRONT SETBACK X 5386 RUBINOW, L ✓ ADDITION — FRONT YARD SETBACK X 5411 BROWN, K _ ADDITION — SIDE YARD SETBACK X 5418 FORCHELLI, J ADDN — SY SETBACK & LOT COVERAGE X 5423 CHESKA, J ADDN — LOT COVERAGE X 5426 SOGOLOFF, D DECK— BLUFF SETBACK X 5433 RODIN, C 2ND STY ADDN — FRONT PROP LINE SB X 5434 PAGANO, J NEW DWELLING — FRONT YARD SB X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boger .S Enc. cc: ZBA Staff r - :. LEGAL NOTICE SEPTEMBER 25, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, SEPTEMBER 25, 2003, at the time noted below (or as soon thereafter as possible): 10:00 a.m. LAURENCE AND BETTY ANN RUBINOW#5386. This is a Request for a Variance under Section 100-244B, based on the Building Department's ' ` May 19, 2003 Notice of Disapproval, amended May 21, 2003, concerning a proposed addition to the existing dwelling with front yard setback at less than 40 feet, at Munnatawket Road, Fishers Island; Parcel 1000-6-3-3. 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 22, 2003. Lydia A. Tortora, Chairwoman Board of Appeals NoTIcE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold , concerning this property APPLICANT: RUBINOW, L 8t, B TAX MAP #: 6-3-3 APPEAL: VARIANCE - SETB A CK PROJECT: ADDITION TIME & DATE : THURS. SEPT. 25T" -10 : 00 A. M . If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZOHFG BOARD *TOWN OF SOUTHOLD • 631 765 1809 • 6$0 . - • ^ ' . Thur,Silay,'Sepfeinber 11,200 r Watchman, ted copy, has '' i:,tch week • taf f at' Wtitteidte At less #5-?1.9.; This,is- a request for a _ lirte!.-after,s.attaqiing it-,to'ithe.1W- -- - inty .=-Trafeei-r0-0047042L6 4-R.condenung*proposed addition condenimew r proposed garage- A50 'a:i-m-ICYL-Et.2,;andAISArAsantlalterations-with-a;setback tvicant lot adjacent to-the r:Far —' ---' _- g. — RJ55, affri,rt;',THOMAS;,4 and: F::,,,ying inew,spristractiqn for.a3ilinl; ,,,4earTgl,,,yirill.not'Start earlier,„ ;,,,bAls-edi'On, the pnilding ,for WrIp.nces,,iinderT 0-atif --- 3 91T ds,4-less tha 4S moue tr.(52'11.30,'‘VE..Wgr`E,,,,„4 : '10`9,4411k;,ailaltiO4N14,‘Vaie4 ' "�^u ' ^ ' 5 as �� o . less d Domu �0�4�`4u�'` ' `� -� � �� . . _—_�__- -~ --_._....~..^ . � . . - `' FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 19, 2003 AMENDED: May 21,2003 AMENDED: November 7,2003 AMENDED: November-11,_2003 TO: Stephen Ham A/C Rubinow Ii p k 45 Hampton Road NOV 1 2 2003, Southampton,NY 11968 Please take notice that your application dated May 15, 2003 For permit to make additions and alterations to an existing single family dwelling at Location of property: Munnatawket Road, Fisher's Island,NY County Tax Map No. 1000 - Section 6 Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single-family dwelling, located on a non- conforming 23,958 square foot parcel in the R-80 zone, is not permitted pursuant to Article XXIV Section 100-244B which states that on parcels measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. The proposed addition notes a front yard setback of /- 16 feet. - 1 Total lot coverage, following construction, will be+/- 9 percent. This Notice of Disapproval was amended on May 21, 2003,to address an error on behalf of the building department. This Notice of Disapproval was amended on November 7,2003 and on Novem s _ - 2003 : • s ges to the proposal. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. k1�.7 ?'•�;.if- i1 fat :. -as ,. 1:4 --,. MNNATAWKET ROAD i- ---.r.--5,k•ti:W.-Cat.; r ,s• , •. 1 I l:: : i lmI -- 1 m .a,•. '`. 1 'r'' St.9�69'00'W / , _ ? ''P(G�KEIT F m - it -\ - .` , . I 1 . W \ fi. 167.50' / • �► r ED 1-1111111` it 1 ) ia / , , \ t.v.,„-.‘4,-.t1„ t ,,,....,!TS , ', $.1-:-.1 ..ti,,,-,- 44114•,, 0,,, . 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V rte• - .ti" __ - v: Ir t::-�-.nom, -.�' �' -I1:-=.,..`;••••• y...11•P";y •1 i�} SYl�: i;x-11-1...-1.-141,,'• ,R'_-.1r ,Y �_ `_ �a t i�>.�+. r'' ��• . .1-;"-:-.7-4-X4,...--;'V'3-"-':f r:5:?r Y '�'_'� • •R• ,i fr- r Y.l-,•rti_x_:k - _ 11 a 010.4,K .14ei a ,1' -G' .•-.1+,:'-',Y:_ •-- �k -•-i:, <s: FORM NO. 3 * 4 , NOTICE OF DISAPPROVAL DATE: May 19, 2003 AMENDED: May 21, 2003 AMENDED: November 7, 2003 TO: Stephen Ham A/C Rubinow 3 1 45 Hampton Road 6�1�G 1 SOD Southampton,NY 11968 64 Please take notice that your application dated May 15, 2003 NOV 1 0 2003 For permit to make additions and alterations to an existing single family dwelling at Location of property: Munnatawket Road, Fisher's Island,NY _ County Tax Map No. 1000 - Section 6 Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single-family dwelling, located on a non- conforming 23,958 square foot parcel in the R-80 zone, is not permitted pursuant to Article XXIV Section 100-244B which states that on parcels measuring between 20,000 and 39,999 square feet in total size,require a minimum front yard setback of 40 feet. The proposed addition notes a front yard setback of+/- 35 feet. Total lot coverage, following construction,will be+/- 9 percent. This Notice of Disapproval was amended on May 21, 2003, to address an error on behalf of the building department. This Notice of Disapproval was amended on November 7, 2003. '4411A thori 'WA gnature 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. srJ FORM NO. 4 0 / // TOWN OF SOII ::±, EUItDZNG DEPAR.TmENT / Office of the Building Inspector . \4/.�- AsI Town Hall �` V. q Southold, N.Y. . �i PRE EXISTING OERTIPIGATE OF oCCUPANCr No: Z- 27251 Date: 08/16/00 THIS CERTIFIES that the building _ DWELLING Location of Property MUNNATAW7 T AVE _ F15HERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 00 6 Block 0003 Lot 003 Subdivision Filed Map No. Lot No. coaformo substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCr NUMBER Z- 27251 dated AUGUST 16, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH DECK.* The certificate is issued to JOHN C & SUSAN E M CLAVIN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. -// 57 , 212 .0. zed e'i5n ature Rev. 1/81 /Taff aaaad 2202088 'ESL TVA r7:7T (run nn inn. ,0„ 00 OFocfr'_ oo. - Ace '.S ��: Southold Tatvn Board., of Appeals • MAIN ROAD- STATE ROAD 25 SOOT EILD, L.I.. N.Y. 11971 "" -; I TELEPHONE(516)765-1809 • ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3164 Application Dated August 8, 1983 (Public Hearing held 8/31/83) TO: Mr. ,john J. Clavin [Appellant(s)] P.O. Box 14 Fishers Island, NY 06390 At a Meeting of.the Zoning Board of Appeals held on August 31 1983 • . the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 2$0-a • • [ ] Request for Special Exception under the Zoning Ordinance Article , Section boa Request for Variance to the Zoning Ordinance Article III , Sections 100-31 and 100-32 [ ] Request for • • The public hearing.on this matter was also held on August 31, 1983. Upon application :of JOHN J.. CLAVIN, Madeline Aven e, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate accessory building n an area other than the required rear yard, at premises known as Lot #. of Minor Subdivi- sion #231, Fishers Island Utility Co., and more particu arly known as County Tax Map Parcel No. 1000-006-08-3.3. The board made the following findings and determin-tion. By this appeal, appellant seeks permission to cons,ruct a 22' by 30' accessory garage/storage building approximat=ly 30' westerly from the southwest corner of the existing one-family dfwelling. The premises in question contains an area of 63,750 square feet and is zoned "A-Residential and Agriculture ." The subject parcel is identified as Lot #2 of Minor Sub•iivision of "Fishers Island Utility Co,, Inc., Map #231 as revis=• 10/13/81. Due to the unique topography of. the land, th= board agrees with the reasoning of the applicant. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no s .star- • tial detriment to adjoining properties will be created; (3) that the difficulty cannot be obviated by a method feas'•le to appellant other than a variance; (4) that no adverse of ects will be produced on available governmental facilities of any increased population; (5) that the relief requested wi.i be in harmony with and promote the general purposes of zoning; and (6). that the interests of justice will be served by allo' ing the variance, as. indicated below. On motion by Mr. Goehringer, seconded by Messrs. Do en and Grigonis, it was RESOLVED, ,that Appeal No. 3164, application by JOHN J. • CLAVIN for permission to construct a 22' by 30' accesso garage (CONTINUED ON PAGE TWO) • • • DATED: September 14, 1983. CHAIRMAN, SOUTHOLD TO , ZONING BOARD Form ZB4 (rev. 12/81) OF APPEALS i `Y4; • / . Page 2 - Appeal No. 3164 -Matter of JOHN J. CLAVIN Degision Rendered August 31, 1983 ; • . building in the front/side yard 'area, BE AND HEREBY IS APPROVED . ,Location of.Property: Subdivision Map #231, Lot #2; County - 1- Tia ;;M4 :Parcel=:No.. 01 } 3 1©00- 6-008-3. . - • Vote of the Board: Ayes: Messrs. Goehringer, 'Doyen, Grigonis 'and Douglass.; • (Member: Sawicki was absent.) This resolution was • linanimOUsly adopted. ' s f !//:2---Z d4i�IRMAN - • /GERARD P. GOE• 'INGER; d September 15, 1983 ' • ' _3+ • . • • ,, fJ MAY 21 '03 02:23PM SOUTHOLD BUILDING 631 765 9502 P.1 SID 100• if\ FORM NO. 3 (7'y v NOTICE OF DISAPPROVAL DATE:May 19,2003 AMENDED: May 21,2003 TO: Stephen Ham A/C Rubinow 45 Hampton Road • Southampton,NY 11968 Please take notice that your application dated May 15,2003 For permit to make additions and alterations to an existing single family dwelling at Location of property: Munnatawket Road..Fisher's Island,NY County Tax Map No. 1000- Section 6 Block 3 lot 3 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single-family dwelling,located on a non- conforming 23,958 s•u. a f••t •arcel in th- R-80 zone i. n.t e • ' t-. to 'cle XX Section 100.244B which states that on parcels measuring between 20,000 and 39,999 square feet in total size,require a minimum front yard setback of 40 feet. The proposed addition notes a front yard setback of+1- 8 feet. Total lot covera:e followin@ construction will be+/- 11 .ercent. This Notice of Disapproval was amended on May 21,2003,to address an error on behalf of the buil dep meat: �--- - IF ' f, Authevritc9 ure { . 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. FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL i APPL# , j be `.0,` ASSESSORS CARD (7 COPIES) NAME (61(2t,kyu CTY. TAX MAP (7 COPIES + 1) CTM# CV INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK / RESEARCH ALPHA COPY PRIORS tZ SIX COPIES S d 0-(24V\ 1---/ INSPECTION PACKETS COMPLETE _ _ V `C 6)® RUBINOW L&B (S. HAM)5386 GH ,, , ADDN SFD—FY SB 6-3-3 R80 REF: j MUNNATAWKET RD, FI UPDATED NEW INFORMATION g. 90 O3 S(G-K) Prc.KE(3-UP N. et-pr in) C'p`7-O 3 ✓?'lcuJ z/ Apf.e.„d o.A. , -�v S.. ,CLer___,-", / • y�►(•]�:iCd�l�l»�� �ill•YY�9 • �i. c,-"•TI• •N DE I • Complete items 1,2,and 3.Also complete A. Siature item 4 if Restricted Delivery is desired. ��‘ ❑Agent • Print your name and address on the reverse X �" 0 Addressee so that we can return the card to you. B. Red . Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, JIc` or on the front if space permits. r'Zk D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to. If YES,enter delivery address below: 0 N. Alfred R. Grebe, Jr. Fox Avenue, P.O. Box 576 • Fishers Island, NY 06390 3. Service Type ®Certified Mail 0 Express Mail ❑ Registered IN Return Receipt for Merchandise 0 Insured Mail 0 C.O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 6 fl -'70011 :114 0 0 D 0 0° i4132;14 ; 19 2 (Transferl fromeryicelabel)i j i ice, . . •, s i t ? .t t PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • • Matthews & Ham • 45 Hampton Road Southampton, NY 11968 - iin ii iii iiiiiiciiiniiiiciiiiiiIIIIIIIIII IIIiiiicliiicciiii ■ Complete items 1,2,and 3.Also complete A Signature . item 4 if Restricted Delivery is desired. i 0 Agent • Print your name and address on the reverse X 9. , \�� I ElAddressee so that we can return the card to you. B. Received .y(Printed Name) C. Da e of Delivery • Attach this card to the back of the mailpiece, f- I , or on the front if space permits. 'i'.. G G� V 0 - ti�a c G 3 ' D Is delivery address different from item 1? 0 Yes 1. Article Addressed to. '''.'f',5 If YES,enter delivery address below:' 0 N 4 Elinor 0. Howard . 215 Cider Brook Road Avon, CT 06001 3. Service Type • ®Certified Mail ❑ Express Mail ❑ Registered ® Return Receipt for Merchandise ❑ Insured Mail 0 C O.D 4 Restricted Delivery?(Extra Fee) ❑Yes 2 Article(Transfer 7002 0860 0004 7781 067. 7 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP-1-4 in this box • • Matthews & Ham 45 Hampton Road Southampton, NY 11968 util,!1111l1!!l11,lil,iIII!!IIIt!l,1i,,,11,!!1„I,IIt!liilii --1 i.ii►I JIMIVi :Ilii*rc i' Eetlf1t2��� �yx..rc.1,•r.. . 1niav- ■ Complete items 1,2,and 3.Also complete A. Si.-np�ture item 4 if Restricted Delivery is desired. 1;- - 0 Agent • Print your name and address on the reverse X Addressee so that we can return the card to you. fq. Received by_(Pnnt2e17ne) J C. Date of Delivery • Attach this card to the back of the mailpiece, I , JF,�S -fJ or on the front if space permits. • /�� D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below 0 No Catherine J. Jenssen - P.O. Box 214 Fishers Island, NY 06390 3. Service Type ®Certified Mail in Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number — — — (Transfer from service label) ;: :, 700 2 . ; .0 8 6 0 0 0 0 4 7781 0 6 8 4 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • • Sender: Please print your name, address, and ZIP+4 in this box • Matthews & Ham 45 Hampton Road Southampton, NY 11968 • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent •I Print your name and address on the reverse X (X�' ❑Addie see so that we can return the card to you. B. Received by(Printed 1 ? s C2 a-'.:,PrW1� ery • Attach this card to the back of the mailpiece, #� or on the front if space permits. D Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below. 0 No Laurence_P. Rubinow & ors 555 Main Street Manchester, CT 06040 '3 Service Type IN Certified Mail 0 Express Mail ❑ Registered 1E3 Return Receipt for Merchandise ❑ Insured Mail 0 C.O D 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number -- -- — (Transfer from service label)i I I ;, ; .s=. ., 7002„0,8630,'000!-1 7781 ;0660 PS Form'3811,August 2001 Domestic Return Receipt` 102595-02-M-1035 -I UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Matthews & Ham 45 Hampton Road Southampton, NY 11968 i„3iii,iiiiiiiiiiiiii,iiiiiiiiiiiiiiiii„iii,ii„hiti,iiiiii . ..-1-41MAIlrgiVirjr4T4TIM COMPLETE . _ I101M7411,14:1• IN Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X -.I Agent • Print your name and address on the reverse: r•, / `a 0 Addressee so that we can return the card to you. B. Receiv d by(Punted Name) C. Date.f Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. CP C. i • C 6 Q' D. Is delivery address different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑ No Annette Zabohonski c/o 141 Eddy Lane ii_; Newington, CT 06111 ' 7v' 3. Service Type in Certified Mail ❑ Express Mail 0 Registered ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Ye 2. Article Number, I = 7002 0860, 0004. 778,1 "0653 (Transfer from service label) ' PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVI,�EQ C T !rst-Cl sa s Main,�„ f/0`c` P M � SPS 9e.&Fees Paid a 'Permit No,G 1 O iG. nn cru O) _. • • Sender: Please print o to, addressrandZIP+41n-this-box'' Matthews & Ham 45 Hampton Road Southampton, NY 11968 ti . .Posta eiric= E' ilMillIll: N412 Domestic Mail Onl ; No Insurance Covera•e Prov,•e• ru MMEMEMEMMI,.— in Er FISF(ERSF ISLAND,`NY .0. 6380` ,,.- rR Postage $ —0.83 UNIT ID: 0968 os� Certified Fee .`g6 c. ! /\ • Postmark pl l Return Receipt Fee r.>. .75 Here (Endorsement Required)„Z .+r+ I= Restricted Delivery Fee Z ` C erk: KF1GZ7 (Endorsement Required) 0 D Total Postage&Feesp��' '4.8 9/04/03 S ra Sent To \1f1Q rq Alfred R. Grebe, Jr. r9 Street,Apt.No.; O or PO Box No. Fox Avenue, P.O. Box 576 o N City,State,Z1P+4 Fishers Island, NY 06390 PS Form 3800 Januar 2001 See Reverse for Instruc ion- IT ri • N FI D• AIL RE EIP �� -Q Domestic Mail Only; No'Insurance Coverage Provided 1t r9 U Avow a ' 0100iC i 4.,Aik:mardirka._. o Postage $ O.65; UNIT }68 o , OO O Certified Fee �.r 1 1 nvt Return Receipt Fes IA .11 (Endorsemerrt Required) , Clel'I�" '1Y(jam Restricted Delivery Fee Y O (Endorsement Required) ru Total Postage&Fees $ 4.88 +' 04/03 O O Sent To r- ' Elinor 0. Howard SoorPoe Apt. 215 Cider Brook Road cIty,state,ZIP+a Avon, CT 06001 PS Form 3800,April 2002. See Reverse for In tr c nisi: U.S.P.`.aI Servic- ' = CE.: ' t •E 1� • Domestic Mail Onl ; No Insurance Covera•e Provided O Mn r9 taw a 1.4 (Q1 N FISHERS'ISL. NY 06390 L u .' r,- Postage $ 0.83 4 i• 8 Co O • /^. cr' d . Certified Fee 2.30 ' `�. 1.7,Z �� Postm- Retum¢dceipt Fee l C (Endorsement Required) �?Here co▪ Restricted Delivery Fee 'GI C1erkiVF1 7 p (Endorsement Required) % 1( I1J Total Postage&Fees $ 4.88 . �4t- 1 � p Sent To r- Catherine J. Jenssen Street,Apt.No.; " or Po Box No. P.O. Box 214 City,State,ZIP+4 • Fishers Island NY 06390 PS'Form 3800 April 2002 ee •-v-r - tU.S.Postal - .< ..11. CERTIFIED MAIL •E • .-U (Domesti,s.Mail Onl No Insurance overa.e Prov:.e• 0 N MCHEBTER. CT6040A L , .7 Postage $ 0.83 I ; 0968 .) Ca• v. i cl Certified Fee 2.30 �d Return Receipt Fee Pastr;�afi! i=1 (Endorsement Required) 1 2V Here ECI Restricted DeiiveryFee = CC •' t%� p (Endorsement Required) R j Total Postage&Fees $ 4.88 09/04/03 a i° a Sent To N Laurence P. Robinow & ors Street,Apt.No.; or PO Box No. 555 Main Street ctry,State,ztp+aManchester, CT 06040 PS Form'3800 A.rii 2002 See Reverse i. 1 .m. lT1 U.S Postal Senvic- m ` CERTIFIED MAIL RECEIP -n (Domestic Mail.Only;No lnsur"ance Coverage Provided o • , Postage $ 0.83 9-41M I ; 968 ,( C; i o Certified Fee • °- Certified Receipt Fee 1.1E1 t Postm• �. (Endorsement Required) t✓ H. w Restricted Delivery Fee Clef= KF'UR p (Endorsement Required) Y,RI ���n' Total Postage&Fees $ 4.88 --49Y,orrzaj O O Sent To Iti Annette Zabohonski Street, Poems No.; c/o 141 Eddy Lane crry,State,ara+a Newington, CT 06111 ' 0.1.-4 .r r t:I:lrgTraw.ins t.Y�1�iK3iii[ rth— f • �'i�[fes[� . 4 SEP 1 6 2003 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of LAURENCE RUBINOW and BETTY ANN RUBINOW AFFIDAVIT Regarding Posting of Signs upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. No. 1000-6-3-3 COUNTY OF SUFFOLK ) STATE OF NEW YORK ) I, Harold Cook, residing at Fishers Island, New York 06390 (P.O. Box 661), being duly sworn, depose and say that: On the day of September,2003, I personally placed the Town's Official Posters, with the date of hearing and nature of the application of Laurence Rubinow and Betty Ann Rubinow noted thereon, securely upon the property of Laurence Rubinow and Betty Ann Rubinow, 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(near the entrance or driveway entrance of the property,as the area most visible to passersby): and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing, which hearing date was shown to be September 25, 2003. Jib. . anorcook Sworn to before me this 1.01' day of September, 2003 thi"(l. (No• Public) '•• - MANY B PAN MoM��ledNow York No y13q • rano i0 39' d 011 SQ1oe }-{ 6VGG88LTE9 Sb:L0 E00Z/S1/60 w 1 ZONING BOARD OF APPEALS SEP 1 6 2003 TOWN OF SOUTHOLD: NEW YORK c In the Matter of the Application of AFFIDAVIT Laurence Rubinow and OF Betty Ann Rubinow MAILING SCTM Parcel #1000-6-3-3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road, Southampton, New York, being duly sworn, depose and say that: On the 4th day of September, 2003, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice,together with a letter including the telephone number and contact person for the applicants' attorney and a print of the site plan which is the subject of the above captioned application, in a prepaid envelope addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicants' property. �- - ti 40i4.4-e,ei Charlotte Van Houten Sworn to before me this 4th day of September, 2003 /4utt c1K- (Notary Public) STEPHEN L.HAM,IE rimy Public,State of New_York No.02HA46801 20 Quanned in Suffolk County 2.�0 Commission Expires.luiy�4, lo 1 . ® X E. ZONING BOARD OF APPEALS frliMA TOWN OF SOUTHOLD, STATE OF NEW YORK x In the Matter of the Application of LAURENCE RUBINOW and BETTY ANN RUBINOW AFFIDAVIT Regarding Posting of Signs upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. No. 1000-6-3-3 x COUNTY OF SUFFOLK ) STATE OF NEW YORK ) I, Harold Cook, residing at Fishers Island, New York 06390 (P.O. Box 661), being duly sworn, depose and say that: On the P""day of September, 2003, I personally placed the Town's Official Posters, with the date of hearing and nature of the application of Laurence Rubinow and Betty Ann Rubinow noted thereon, securely upon the property of Laurence Rubinow and Betty Ann Rubinow, 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 (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing, which hearing date was shown to be September 25, 2003. r� • I. ar•dCook Sworn to before me this 1 '` day of September, 2003 Pa„ad.,,,- „, (Not y Public) MARY B PANS Notary Public State al New York No 52-8267950 Commission Expires q/3 6106> • 7`.Kvv • TJWI�t vr-onUNEW'korai NE 'korai ACTION OF THE ZONING BOARD OF APPEALS DATE imam_ Appeal No. 799 Dated August 224 196$ ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD . ToWO= A4'104434 fteettiVt154 Dfffi **Mows V. - Appellant Beitmteri tPtro er `fie toloto10 -- '' - at a mecthig•of the:Zoning Board of Appeals on , • _ the appeal was,considered and the aetion.indicated below was taken on your i ) Request for variance due to lack of access,to property - . ( ) Request for a special exception under the Zoning'Ordinance- - 1 Realest for a variance to the Zoning Ordinance '• • , •- • ' ) 1. Zigagia4Z.N. By resolution of.the•B oard it was determined that a special exception ( ) be granted (• ) be denied-pursuant to Article . ._....•_......Section .. __,..�.J Subsection.....--_!. paragraph �....,. of the Zoning Ordinance, and the decision,of the,Build)ng Inspector ( ) be r@versed t ) be confirmed-because Aoptik ."+ ,Y mg, 8130.massa 4, tvpige Apsestatlogs-eit NV= he ritiodON,VA90---064,0''1,sztatitw a' ; 2+e-to - .14=04: dikvadou tolez troMettaloati- -140attfai.g;kg,trocartiettyt theS ' tom 1100 net„ • Veit Vitafict botau.404- Elmer 'tviot.-)by t`x taret Coo, • -s em kr tiesathEnd Land am: wait saeot a —40'06 i) .054,t 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because 't (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because MUM�� (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because zrw:' Wilagge and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 aantift I Servotaty t c Alter investigation and inspection the Board finds that the applicant wishes to divide a lot having two dwellings so that the reardwelling will have a frontage of 25 feet on Munnatawket Road for access to the dwelling and garage. The Board agrees with the applicant that this is a reasonable solution to the problem and that the line of division will run from a point on Munnatawket Road, 25' south of the northwest corner*of the property, 75' east - right angle 53' paralleling the westerly side % of the garage at a distance of 3', thence approximately 57' in a south easterly direction to the property line intersection to a point of intersecting property lines located 150' plus or minus west from the most southeasterly corner of the property adjoining Douglas E. Campbell. This description of the division is subject to confirmation by survey to be supplied as soon as possible. The Board is in agreement with the reasoning of the applicant with regard to the unusual and unique nature of the hardship. There will be no change in the character of the neighborhood since there will be no change in the structure of the property. Therefore, it was RESOLVED that Norma A. Larkin, residing at 122 South Street, Harwich, Cape Cod, Mass. be granted per- mission to divide a lot with insufficient frontage as described 0 above. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road f P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 August 25,2003 Re: Chapter 58—Public Notice for Thursday, September 25, 2003 Hearing(s) 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 Long Island Traveler-Watchman newspaper. 1) Between September 1st and September 8th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED,with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before September 15th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the skin should remain up until the day of the hearing. Securely place the sign on your property facing the street, no 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 available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before September 15th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By September 18th, please file your Affidavit of Posting with our department to show proof that the sign has been posted at least seven (7) days. If you do not meet the deadlines stated in this letter, please`contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff t j LEGAL NOTICE SEPTEMBER 25, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, SEPTEMBER 25, 2003, at the time noted below (or as soon thereafter as possible): 10:00 a.m. LAURENCE AND BETTY ANN RUBINOW#5386. This is a Request for a Variance under Section 100-244B, based on the Building Department's May 19, 2003 Notice of Disapproval, amended May 21, 2003, concerning a proposed addition to the existing dwelling with front yard setback at less than 40 feet, at Munnatawket Road, Fishers Island; Parcel 1000-6-3-3. 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 22, 2003. Lydia A. Tortora, Chairwoman Board of Appeals 41- ),/lf)) 1 Albert J.Krupski,President N0 Ce Town Hall James King,Vice-President 414°/# Gy �� 53095 Route 25 P.O.Box 1179 Artie Foster ; H Z ; Southold,New York 11971-0959 Ken Poliwoda .y. Peggy A.Dickerson Vg. � � Telephone(631) 765-1892 =_7Q( * **/' Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 1, 2003 Stephen L. Ham, III Matthews & Ham Attorneys and Counselors at Law 45 Hampton Rd. Southampton, NY 11968 RE: LAURENCE & BETTY ANN RUBINOW MUNNATAUKET AVE., FISHERS ISLAND SCTM#6-3-3 Dear Mr. Ham: The Southold Town Board of Trustees reviewed the survey prepared by Chandler, Palmer& King dated September 14, 2002 and letter from J.M.O. Environmental Consulting Services dated November 12, 2003 and determined the proposed additions and alterations to the existing single-family dwelling to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. 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 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. 2 However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, 0.1.4 Albert J. Krupski, Jr. President, Board of Trustees AJK:lms cc: Zoning Board of Appeals - -- , -'0 App. Name ' 0 Tak-Map-- ,„0,-Pii0Nii ;.,-(1DJI,- -,-, ,,,--'": B6,00'-Member ForgeF;rrri fSearch' : Hearing' „Tne1 9:1-000 4M 11:-. -' ' '-.', .- „,:" , 1 rille \iii i-1:-11-)WF3 ,- -;"6>ilYiab:16-3-3 - ;7 :' '; , :,°,, - — - ,- -1 '-' - App. Nattia;"„iRubinow, Laurence and BettyAnn ; r I Received bate: ; -../5101,76t.'Pees:, `4,400,0014 ,. Ainlef.-)Fishers Island [-7.ypii,FPe:rdeZar"-I orie4:! li, `Date forwarded to Tbwryci ,e5 % 6/6/03 1 --- --- ,iMeeting Dates - ' Building Dept 1,Status: 10pen"-- if, -,.A(tion:, l i - ' Location ilviunnataicetFicad i'- 'Maetirig`Date-, r----1-ND Date 1) t C1111 ' ' ' '` ' ''' He6ring Date'll 9/25/03 D-Date 2177576311 -114 iP- , : Variance for addition to dwelling with front yard at i i „ „„ :,,,, , -, -- - --'- - - ; ---- ?-c ' less than 40 feet. ' Hearihg Pate 2 rr122-07-6"B ,ND Date:3PI/11/03 ,, Icoi5y,'IN i ,-* 1 i. Hearing pAto :ND pate 4 11/17/03 ,, Hearirig-Date 4 ND Date 5 ' - = -:: =1.-', S. Ham,Esq.; Oliver Cope Arch.; Am. 11/3/03 Alt. ;,;; Note , plan for 11/20 PH; await Env. Consultant placing I-' HeaOhg!Date 5 1:ND Date.q7"---1, wetlands boundary on map or Trustees inspection; r.. ,,,- .: , -77-- 1:- r----iv, Kbon Date 1, D. Pate 7 : --'-- '' s.t,ePiQ.QLcJL22'.6f_QeraILQ3 am. dal j t ' - ----4 ' '''' 1---,----:.---,--.4'''' 1:110/03-; F :9177i,iiivr, CAPSii:NTOW:. ' l'-' `'4 '::',i--'' - -Y- ' ' '-`-beiki6;.i.'. by the$outhoicl,TOwritiaa-Peot6inglb:OOrtine ht.j, , . . . SYMBOLS AND NOTES LI 40.-0" . MON• IPNpJ #o60 40 • ASPHALT SHINGLES = PUPOLA //� ' C PAINTED WOOD :r^ '"...;;,',4-„;•--- am ;-,'''',i', '''' k ';' c�-kr a ;a'Y p s Q1"x'�„ ,; -,;,,,4":"°:4-1;M;;;,,,..1 ;'•';',;''.Y -E' ,',�y;= z .,•`,xT„k• s lt:-F.M. k -1..;. r t_. - A,: .%*'. .1 r7- > +T ;" jh.' ,'.t... .,,��, C ! "# 4 - . ..v, r f:,: m:sw',,q •, ..k= A".°„,,,V;: '1 ii:A. _ s."L,, b -i. -4, .-\;,. ..'w. :._.___:___. .. .,t-'” �.s,.+•:_}:,i4'o*T.f;q rr, c- ':{�-xa . ,)�, :°p'"` 7 .y,a'l'r'. ''�S.,t: ' 1.x -r.:- -, _ 'r ,'a•..-.a,"`•'r CD -t 4 ,x P a-,L - '* ,� ;s .,b -t ,sG aiI,Y C> *-.y x .. J4 .:; F N,'ti P yx ;# S, i L -digs , a �.5 w;'n`,:: 7 � xr_. z '`:�z ,...:' t : ,-'t -r •.-a E i-; • , - ......„ bi) 14.-...,......... C4 F-1C) ro 8 / II •,-, .. 00 . E _ „u I.) .g / P ''' 4.4 '''' 09 t-, ,,, 5 c-, 8 • 1 toN. 0-( '' 1,1 El ,,v) eND.) 1 I I Ibil"1 .411411 Q 7-4 d, z , 0 co 141 rj:i oo 0) / POLE 17 i \ V itljr411111 IØ c t`t' \.____ „ .. , PROPOSED ---_,__.s.... // UNDERGROUND UTILITIES 1111 3- GRAVEL DRIVE DRIVE -- -- --_________ -- -- ------ 111111111W.1111" . II 46; . -..„..... -r° bil3 _ cr -..f( fp 4•2/.00. L.-12 gm . 24, W PROPOSED 81 DIA. LEACHING"------.--.''------- _ ____ - _ ; diil ... , . 73.56' POOL CLUSTER 11 n ..c.0 t(1013 --- -- T- - - __J 0 N i ---- ---/ / 411.1 / ) 6 kiki --''' PROPOSED %/b, STONE / /4 4 • 24'' TREE Zo 0 o .0 1 vr--KNOCKOUT iNLET AND 1 4., .- 1 (s -.) • III „, :-, ..__ _ / co / UTLET OPENINGS / 11 71 \I F4 • irr2r1- .4 4 1 lir 30" . 1144.; / / 0 CHERR 0 „ op r i RIBS INSIDE LOCATION MAP SCALE 1 "=400' A • BENCHMARK P.K.NAIL / / _- J 4lir „, T 4-,L 1 PCC( 0 , -0 c 1 O ...m.....N T i b 6 rilk_ r -- \ .. SHED N/F '4 1- ! 111. " ELEVATION 33.27 4 14i . - . , ----k_..J_. - ...., L._, RICHARD JENSSEN 'T , 1 0MUNICIPAL WATER L3:014 ON SITE SEPTIC SYSTEM 11 , / k .., 4.1 ,::.„.,,,t,„:„,.:,.4::;::,„ „J....I.,. .„: pp- !STING , / i.-, ,4.,-,:-q.,i,i:,,.:i i!:::if.:i; 4 ' Nilitir ',:.1 . ., A W / .-"----. INRCH ,-i22,? ; L plir ....--- --- PROPOSED 1000 GALLON 2 COMP. SEPTIC TANK (SEE DETAIL) CAST CONCRETE COVERS ELAN 8. . 7,: --- . ,,,."! - ; D,--Eci`l --.------- -\3°---- 0;; .3.3&_%\ COVER LOCKING CASTING ; :-: •'‘k..1/4‘•0 WAVY " •OGWO 0 D TO GRADE IF DROP '17\ TO GRADE--\ / .8 .6 -. -:-: :•::.:!: ::,- e.?,, ;.??!<,; \*** 10 i$ ' ...------. Jp, To i.:0) J;ro•::, PROPOSED - 4. „ ih,,,_ - . 3, : , i,„,„,,,,„,„,:; ,„... , ‘,.s„ ,„ ,.., H. :!;;: -!;:?.,::,y, :::,:,,,',pie \ %Al -- DESK---\ \ \ is INLETS SNEL D:r............tF13N.ISCHHEDIMNGEYRADE - 20" x - - 4 x 4 12.6/12.6 IsA. WIFIE MESH 6 x 6 6/6 G. WIRE MESH 20" EXISTING CESSPOOL \ < • TO BE ABANDONED ma F,THOLE,N..- ''"•:': -;•,,,ARTREE \ :: ::,,..( : 2 - 3...‘.it vitikl, ittsm • 'm 1 i..1 am'. onrow. _..•m•a A an. . r VENT----- 7. 3" VENT-7 !OUTLET 0 r----7 Z MONLIQUID LEVEL---" i' .K. 7 . •.• b .„..,- CONTINUOUS HOT 1!.1 ilAF" OUTLET i, ila-LHOLE DATA CO , . (A a • 0 .. <ta. -_..-- h. 4,,,A :i• 71) I \-4" SCHEDULE #4 " ,t i • INLET BAFFLE LINED WITH .. IL,. 1/8" PVC • '1' [4•\ 60' GAS ..I DEFLECTOR 4;t. BY: R. STROUSE P.E.A.S. 04-10-03 0"-12" TOPSOIL 12"-36" SANDY SUBSOIL D CK Q., , ( 'w*At SS, 4 V ,..*_ .&, \AlbrPr/ 111111111111111-4117;v: :4$ 41142' --__________ , __. ; 36"-10' COMP. SANDY TILL Z 4d t_I NO LEDGE, SEEPAGE @ 5' Z Y / Cr --. CROSS SECTION 0 / =., . , ,0 4141. ..:1, MAPLE -- ----_____, • 1000 GALLON . ... z t 41.- 18" TREE WI_P.c_.'rERENCES • '' ' 0 P L ri• MON. ,,,...,00 2 COMPARTMENT 1.) 'LAN SHOWING LAND TO BE CONVEYED TO RICHARD A. AND CL b-I LU (END.) 8 TREE SEPTIC TANK : CATF,ERINE J. JENSSEN; MUNNATAWKET RD.; FISHERS ISLAND, N.Y.; w Z 1J-1 < co a n Y 10" TREE NOT TO SCALE SCA1E: 1"=40 FT.; CHANDLER Sc PALMER, ENGRS.; DEC. 1965 15" TREE CC Z EDGE SF BRUSH (2_ 4543 Z v) D (x BUILDING tiMES M LLI i ' SETBACK • 40LINE 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDKATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR FINISHED GRADE EXCDS THE SCOPE OF THE ENGAGEMENT, LI.-1 0_ 2.) 7 IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, 24". UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, 6 Z _ z-4"03 INLET TO ALTER AN ITEM IN ANY WAY. LU "i 4.'0 Ct 4 i• ''••i r t• '••• o ••--`. • % OUTLET 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S LLI 1 •, e. i ' SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE D . IN -0 0 0 ED 1=1 ED 0 0-- i ; PRODUCT OF THE LAND SURVEYOR. b / .88 ; '4)44j :S; '4D / N ...., - -1 i 7 "1-• t „., o 0 0 E3 t=i E3 0 0 0 co , 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND 0 6 / I- 8' IGEODETIC SURVEY TRIANGULATION STATION "PROS" ci) a 2- cv 5 N/F 1 HIGH SEASONAL GROUNDWATER 5.) !3ITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP ELINOR OAKES 1000, SECTION 006, BLOCK 3, LOT 3. MUNICIPAL WATER : 6.) TOTAL AREA = 0.57± ACRES. (31\I SITE SEPTIC SYSTEM LEACHING RING CROSS SECTION w 02 NOT TO SCALE 7.) SITE IS LOCATED IN R-80 ZONE Z REQUIRED SETBACKS FOR NON-CONFORMING LOT ri o (-) (REFERENCE SECTION 100.244) v) Lu _ - _ - - - - - - FRONT = 40' o - V) REAR = 50' SIDE = 15' _ BOTH SIDES = 35' > Li 8.) APPLICANT: LAURENCE P. & BETTY ANN RUBINOW cC Lij FOX AVENUE : C/O STEPHEN L. HAM, III, ESQ. ,. 45 HAMPTON ROAD 81- : MON. SOUTHAMPTON, NEW YORK 11968 631-283-2400 0 9.) SITE IS SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE Z ' DISPOSAL SYSTEM. _ _ _ --- - 47'c/ Ice. .0 o• ‘ <9. , 10.) BASE FOR LEVELS: NGVD 1929 C)11.) PERCENT OF LOT COVERAGE: EXISTING: 4% PROPOSED: 11% < t- < LI: 1-- \ c‘` -47). \ 0 go) rr<>, , N 4955.29 W 515.07 : oci to o o vi • vi m •-> _,± o to 0 CONIL --) 1c.f 0 Ci CI Lu a --I \ \ °Pc) MON. , -90 4 ,\ \ \ ' 1 00 ,L7--) < Lu ow L, o u EY 2 0 ---J a co o o c..) co L. \ \ DATE: 03/21 /2003 \ i ' LEGEND \ SCALE: 1 " = 20' t . N/F NOW OR FORMERLY QUALITY CONTROL CERTIFICATION \ \ . GROUP REVIEWED DATE \ fli/till SF SQUARE FEET --- - 10 - EXISTING CONTOUR PROJECT MANAGER /2 itt--7 5//7 7,), \ SURVEY r-4-(72 /S7 7.-, \ t( \ - 10 - PROPOSED CONTOUR -y. BUILDING SETBACK LINE / 20 1. 110 20 SHEET ENVIRONMENTAL o 1 OF 1 CML ft W, ,/z7/7 \ / GRAPHIC SCALE IN FEET STRUCTURAL ARCHITECTURAL FILE 34717