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HomeMy WebLinkAbout5929 • 1 4056-6-, ry ,. r/8 7f,?_/k1/ .��79/Ar i "/9-,5 ,6 2z,L'' - '��uG,,)//&-ttb ,i/79 - ------ ----------------------- - ----- - ------ ----- - --- ---- ----- ----- ---------------------------------------- --- - ----------- -------- ---- f ��5 Ire -Sd -�_x_ ,- - d' S`isB V.aoto APPEALS BOARD MEMBERS �,i�'�AV ® ,® Mailing Address: Ruth D. Oliva,Chairwoman .0 �� g ' Southold Town Hall czr I `., ® 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer % z 4 Southold,NY 11971-0959 James Dinizio,Jr. ` � �� Office Location: Michael A. Simon �® 0 a®��� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '_��✓C®U 11')•"� 54375 Main Road(at Youngs Avenue) 0" Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECERVED TOWN OF SOUTHOLD J L )54 Tel. (631)765-1809•Fax(631)765-9064 JAN 1 2 2007 FINDINGS, DELIBERATIONS AND DETERMINATION s®asthold Town Glee MEETING OF DECEMBER 14, 2006 ZB File No. 5929- MICHAEL and ROBIN DREWS Property Location: 7425 Nassau Point Road, Cutchogue CTM 118-4-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a lot area of 39,043 sq. ft. with approximately 101 feet along the easterly side of Nassau Point Road and lot depth of 403 feet (387.51 ft. variable). The property is improved with a single-family dwelling and fronts along Little Peconic Bay. BASIS OF APPLICATION: Zoning Code Sections 280-116 and 280-124 (100-239.4B and 100-244 based on the applicants' request for a building permit, and the Building Inspector's May 31, 2006 Notice of Disapproval, concerning a proposed new single-family dwelling. After demolition of the existing building, the new dwelling will be proposed with setbacks at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated November 24, 2006 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: A Determination of Inconsistency was issued on August 14, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The applicants are requesting a setback variance for a new dwelling, after demolishing the existing dwelling. The existing dwelling is only 63.3 feet from the bulkhead and 78.3 feet to the dwelling building line. The new dwelling will be 71.3 feet from the bulkhead, measured from the proposed new deck and 80.8 feet to the new dwelling building line. Grant of variance relief will substantially increase the nonconforming setbacks that presently exist All new construction will be required to conform to the Zoning Code minimum standards applicable to this property, pursuant to a building permit and other agency approvals before commencing any construction activities. Adequate drywells must be installed at or greater than 100 feet from the waterfront. The applicants are proposing several drywells and a new sanitary system at least 100 feet from the bulkhead along the waterfront. It is reasonable to eliminate to a large degree the setback nonconformity, and to dramatically improve or replace the existing sanitary system, to obtain the greatest reasonable degree of conformity with the Zoning regulations under New York Town Law and Southold Town Codes. The amount of relief requested under Zoning Code Section 280- 124 is minor, for a 3.7 ft. reduction in the code-required 75 ft. setback from the bulkhead. • Page 2—December 14,2006 ZB File No.5929—M. Drews CTM No. 118-4-2 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, 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: The applicants propose to build a new dwelling, after demolishing the existing dwelling that has existed since the 1940s. The relief requested is as follows: (a)for a setback of 71.3 feet from the bulkhead to the new deck and 80.8 feet to the new dwelling building line, at its closest points, and (b) for a side yard setback reduction 10 feet for the purpose of building a new stoop area on the north side as shown on the September 13, 2006 site plan prepared by Mark K. Schwartz,AIA. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is planning to construct a new dwelling, after removing the existing dwelling with deck areas. The new dwelling will be 71.3 feet from the bulkhead instead of the 75 ft. minimum required setback, and is proposed to be in line with the neighboring waterfront homes, with the garage on the street side. The existing home is presently 63.3 feet measured from the bulkhead to the open, unroofed deck. The new open deck construction will be 71.3 feet, which is an 8 ft. minimum, reducing the degree of nonconformity to a great extent, requiring 3.7 ft. setback reduction from the code-required 75 ft. minimum from the bulkhead. The side yard will also be reduced to allow for a new stoop, at 10 feet from the property line at its closest point, and the opposite side yard is proposed to be conforming at a minimum of 20 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is the maximum the Board will approve in this application. 4. The relief requested has been self-created, based on applicant's desire to build a new dwelling. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's construction activities must conform to all other agency permits and conditions of approval that apply to this parcel. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the September 13, 2006 diagrams A-1,A-2, S-1, and May 10, 2006 diagrams A-3 and A-4, prepared by Mark K. Schwartz, AIA, subject to the following condition: That the new one-story deck and two-story balconies remain open to the sky, with the exception of the open porch on the easterly side of the open deck area, contiguous to the living area. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This Page 3—December 14,2006 ZB File No.5929—M. Drews CTM No. 118-4-2 action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. The above ZBA condition shall be written into the Building Inspector's Certificate of Occupancy, when issued by the Building Department. Vote of the Board: Ayes: Members Dinizio, Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 12s<706 Approved for Filing REVISIONS• NEIGHBOR/ Fit4Pf% 4/I ill 1/1 NON rAWIS 4; J S HOUSE IS 2006 bio PROXIMATELY 11'CLOSE i z/ TO BULKHEAD THAN EXISTING HOUSE / PREVAILING (NOT DECKS) / I(' `I r HAY BAILS w/SILT FENCING zp�l N(j �O/IRD OP APp� I ALS WINDS TO BE INSTALLED AROUND o � (1 irr ENTIRE WORK SITE PER CODE //// ^A�I� (STORM WATER MANAGEMENT) MUST BE MAINTAINED 6 REPLACED `-•'� • ,� ( r'I AS NEEDED UNTIL CONSTRUCTION (,) ,� PROJECT IS COMPLETED tj 0 m 4 g BUD v \ v et B p•• a y w v LH HEAD 4 SET. 2' 1- — — _ _ S 2°0'0"W 387.51' _ 4 IIIIIIIIIII-71111 II IIIIII LI UTIL POLE --- ., OVERHEAD WIRING w W ml - "oma MI \ 144B REMOVE EXISTING LINE — UTIL POLE NEW ELECTRIC I it �� _ DOTTED��R =-+ d TO HOUSE RELOCATE = 1448 METER ON POSTS 0. N �I E%ISTING BUILDING OUTLINE rDM u N — ------ DRIVEWAY TO HAVE �' I �•� EXISTING DRIVEWAY BELGIUM BLOCK tit) of - STAuuTO:Nr �_ - _ TO BE REMOVED CURBING AND APRON nl. ' II _ '• �•' IIIIIIIIlII �% i!%�1 /, % !' -- — N� P AT STEET AND GARAGE' H _ ARCHED U< .0 P~,• -"•••••••............ DR EWAY T 04 WOOD cr• I ZPOOFD MI BUST" 78.3 _II II %�/ THROUGH 'ROPOSED _ ``` ------t- . ` r' O _ AILD ISG _ ' / GARAGE ,/k,..2 ° ' (v cn /* "" STA ' MORNING / �/ , -- , ' T" _ — NEW SERVICE LINEND —'� Q W 4,7774£ /- I 1 r is r !0,,/ 4: _ ,-IIIIIIIIII.pp _ - �, 154.17 ' f'' A - " . oQ� � 'ROPosED �- i 1 — / 2 STORY FRfI HSE r'Yr' r,,,,.r:f•,.,, _ %:G E`z+ ',I...4.1 r s� (y� 9 j 0 •TING TREE TO BE +•� -I • LL 2 D I _ E DATED]N FIELD { '# — ® SO.B'\ � �� 7'— OR LOCATION AND ! � p1'-6• _ a'- Q R 14,111F•✓. - .HEAD TOPROPOSE� :f Dmc �� /�EH D ROOT SYSTEM i rREE{2 _ ),s• ' °('q a W — — —1 — ' 'tea / s= t ,r,p,. G O W _�i " uooGAL 2 ,'?,,,,_1, NEW DRIVEWAY a — Q l u' L•_4. ; (/) cc _ y / SEPTIC TAN ': may..✓.,,.� yl Nc � t c "'� °rRE�2 Z bL' _ _ �FRon B � _ —• � � '?.tet .rid„t — *,,,,,,,TIO r-s• "� ? °]'-2•pl., - ' 'Ci)� /'® tr1 ,� � � `` -1~„ 4 •)., ill "y -TAEG.. F. -.... :., KJ TREE 6i 04) 3 7 `g' _ �� •I� 'tip, x �_ ''1, �r .�',} r J ', ”G -'1".•-••,•'''' Ir_ to �� E�.t ... ry t _ I•_2o 2. ��cv • _ FBQ1t BVLlSN O PgQpos02.DEc�,-_ _\_ _y • • I °:ir'Red OVE ,+• /� _AFTERNOON !' °rFa�;°�rRCE< - 1 .Y 4a+ ' \ ooP i �/ � ?EXISTING L/ SUN ��' ��}' �—I I — '\ �, �%% rr� LAS ` Exr •� TING�n r' TREE / TREE-1. �s �, • I I — c o A i" ` C OM — �. TNEC \ °"°fes"u' •i ®� rDIA Ar DEEP\ - Y: P, i i I (— OI I '4I EA( PDOL // • 10'FROM EDGE I I I N 82°0'0" E 403.88' — -_ -_ // / Z °'TREE'; TR ` OF ROOF TO �• PROPERTY LINE 'y '• - MID DAY - � j _ SUN - _i \ ____� ___---- ‘ --==\' PROPERTY:39032 SQ.FT. + t t O HOUSE:2713 SQ.FT. `` ` PREVAILING S NG SCREENED FROLOGGIA:285 PORCH:132 SQ.FT FT o L / NEIGHBOR'S HOUSE 1 j� HOUSE DRAINAGE: f5 PROXIMATELY 4'CLOSERS/ I SIDE PORCH:61 SQ.FT. O TO BULKHEAD THAN Q= / EXISTING HOUSE „//,•1/ ROOF AREAS•5402 SQ FT STOOP-29 SQ.FT. In / (NOT DECKS) WALK THOUGH:168 SQ.FT. j AT 100%WATER RUNOFF=902 CU.FT � GARAGE:912 SQ.FT. (� / FLUSH DECKS;400 SQ.FT. N PROVIDE I / TOTAL SQ.FIG..5098 SQ.FT. ) 2-8'DIA X r DEEP DRYWELLS(676 CU.Ft) LOT COVERAGE:13.1% DRAWN SCALE 1"=30' JOB•: September 13,2006 SHEET NUMBER S-i • I --- - REVISIONS: ZBA 05/10/06 ECE s 20 ...0IA 0.: III Irri 1-111 I I 2annrY eOA O o�APPEALS • ib„ / ,►.�id� rtiffierVIJ eltiiletritS :st•.���24 I-TOP PT UIPO A-1 .5r AC 4C�� L 1�.r1 aotri' n __ritiiiiTi�i•I-'i,_vaw :moi.= Ir 1::lea ..; c a a z 4 - _ _ . ._ _ ..f�.I4�.a�A l-TOP OFHAINROOF-1 -6 °' ys2 ai I/VI #/` '1,1 ` ,f' II • f •�,r �r/` '�,! ,/' t ` r� I tri' '��r `��1t' '��I rrf' '�,l t Irl' j �= 1,1 lr/` ,,tir rl/• � t'� l,i r/. r r/' `i�I li. ./ tf` '�/'v �t' '/tit 'r/l' '1,r rf' `�f''r '.r i:' vii r= - r/'_iN r/' �,,r �r/' ��,, r ,,...t rrf' '+�t i/' '1%I tri, v,,, ` ii-17.:#1-47-- _- _�f f� '/ .mea ,�, i Ili•_C_ SC �.A _r-- - ri- C= :C---C::F _ �► --iC-.7.-=:=:=C-.--=:=:_-C• -- _C--- _-_ _ ,IIA• 4 /=4111.1 -S.S- CT- C - SCS 1_11 ._ --��� - -- _ - � 41►• - - - - -_-- - -�_� �_IA - =-- -� •• 1► - 1■■�- - . 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I „ •r:':L '� _•- •_-•- -!■ „ IICC:C ._ CS:'� iil li. -•�■ „I II :CC._ _\• ,, -•C, II ...iu_I■_II . -s. ..,'S::JC ��:zS•..__. .-.::T=r-::.===w-rzzt.-_."I: - :_ -'--• _ mm•N_li. . t=r' .•■�•-: _ .IL.- .J•_:.: • az----.---.::---.....----=:z.--•-:••:-.=:--_ ---::C - -.■1■■1 I■■1_11, -SCS__-__�c__- _.r-_- -- _�- ----T-- - -A-_-1�� 1111• \■1_. __ _- _ _- TiP- - - _ - - - - C_.-: • I' REVISIONS: ZBA 05/10/06 1n-9-1/2' � QCT 1 6 200 \ 14 I , I sem: • 64-0' • 11'-0' 33'-6' 4'-6• 1 I 9'-r 1 14'-I 1/2' 1, 11'-41/2' I 1 2'-9% I e '''( '''\ 'il -, L- e i ; ------------n ------------E©- I. ®® — _ • - \.. \~ 1c - I Ir-71 7'-0' 33-01/2' I 42' \ II _ /` 0%A",1® 61/ r �,-6 .r _61/2' S�1/2'Y � 9'-11' 4' I rt 1.�yId O� •____ 1,a,„74116..' &11 .Tilvz i -„,- - , ,,,. . . . . . f, i) ( ip itll _-.:.; 0. 0 A i; iiii .. 0 rl-- x--------a---0--- r_i_ .g itkow 1 .4 . ....... 3'-0' 3'-0' 7'-0' 7'-0' 2'-9'� 5-0' j 6'-10' 1 6'-10' 1 4'-7' F 4, _ J L Fi a a 6'-6• 1'- 1/r 4'-6• , 111-H----—1tL* 3 _ �Firm __ a_�a� lij CII=3 11 --. ! „ g®4 ti - i a_�I - (,.;•c=if ...-,, ) ____1 : , ' ., : -- ' i®l=a 4.---.,--1/4-../- 6' 1-21 — .99 --,, --,`- C.: --- 4'-7 3/4'4'-7 3/4' 5'-0' 1 5-0' • - 6'-0' 1 14'-0' 19'-6' • 9'-3 1/2' 10'-0' 5'-2 1/2' 64'-0' • a a /, x p6 ^ m o m F Drews House PROPOSED HOUSE MarkK.Schwartz,AIA , .. 4 F a -1 o Architect,PLLC rJ n rn1 c o a 7425 NASSAU POINT ROAD I P O Boz 933 Ifea? r o " CntdwgveNY 11935 / II • M W .-t LUTLHOGUE,NY 1ST.FLOOR PLAN /�/1 �� 0 'o In Plwne(631)734-4185 Fax(631)734-2110 o fn - s r LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning) Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 30, 2006: 10:50 A.M. MICHAEL and ROBIN DREWS #5929. Request for Variances under Section 280-116 and Section 280-124 (100-239.4B and 100-244 based on the Building Inspector's May 31, 2006 Notice of Disapproval), concerning a proposed new single-family dwelling, after demolition of the existing building,with setbacks proposed at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email at: Linda.KowalskiaTown.Southold.nv.us. Dated: November 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN • - `t • #8118 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 17th day of November, 2006. • /(_ gLogPrincipal Clerk Sworn to before me this 11 day of b v 2006 LAr5-(-1Leah CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 dam,- l)2-,LJ 1110 _ Residential Zone District Location of deme of the OC.). I t3vl A6.-04-t•' -- Property: 1380 Bridge Lane,Cutchogue, setbai. proposed at less sting building, 75 feet P Y CTM 85-2-5. to the bulkhead and less than the code- 10.15 A M SERGE AND SUSAN required 15 feet on a single side yard at ROZENBAUM, M. NIAMONITAKIS 7425 Nassau Point Road, Cutchogue; and E. NIAMONITAKIS #5691. Re- CTM 118-4-2 queandt for 280-14 r(Sectionsriances der 100-13t1280-4 SCHOENHAAR#5764 and ROBERT quest for a LEGAL NOTICE 32),based on the applicant's request to Variance under Section 280-18(formerly SOUTHOLD TOWN construct and operate a farm stand with 100-30A 3)bulk schedule,based on the ZONING BOARD OF APPEALS design as a building for sales of farm pro- Building Inspector's May 17,2005 No- THURSDAY,NOVEMBER 30,2006 duce and which is deemed as not meeting tice of Disapproval, amended October PUBLIC HEARINGS the definition of a farm stand,based on 4,2006 for a lot which contains less than NOTICE IS HEREBY GIVEN,pur- the Building Inspector's amended No- 40,000 square feet and less than 175 feet suant to Section 267 of the Town Law vember 3,2006 Notice of Disapproval. of lot width in the R-40 Residential Zone and Chapter 280(Zoning) Code of the The reasons stated in the Notice of Dis- District,and a proposed building in the , Town of Southold,the following public approval are "the proposed construc- B-General Business Zone District with hearings will be held by the SOUTH- tion on an 18 75 acre farm parcel with a front yard setback at less than 100 feet ' OLD TOWN ZONING BOARD OF three front yards in the AC Zone,is not from a right-of-way. Location of Prop- APPEALS at the Town Hall, 53095 permitted pursuant to Section 100-32 erty: 10300 Main Road,Mattituck;CTM i Main Road, P.O. Box 1179, Southold, (renumbered 280-14),winch states: 'No 143-3-33.2,containing 2.586 acres. New York 11971-0959,on THURSDAY, building or premises shall be used and no 11:15 A.M. EDWARD FERGUS NOVEMBER 30,2006: building or part thereof shall be erected #5941. Request for a Variance under 9.35 A.M. FRANK MELE III#5976. or altered in the AC,R80 ..Districts un- Section 280-18(100-30A.3 based on the Request for a Variance under Section less the same conforms to the Bulk and Building Inspector's May 31,2006 Notice 280-15, based on the Building Inspec- Parking Schedule incorporated into this of Disapproval)concerning a proposed tor's September 6,2006 Notice of Disap- chapter with the same force and effect as single,-family dwelling with a setback at proval concerning a proposed accessory if such regulations were set forth'herein less than the code-required 50 feet from swimming pool in a yard other than the in full.' According to the bulk sched- the rear lot line at its closest point,at code-required rear yard,at 305 Gardin- ule,the proposed construction requires 1854 North Bayview Road, Southold; ers Lane,Southold;CTM 70-8-28. a front yard setback of 60 feet,and is CTM 70-12-39.3. 9.40 A.M. JOHN and ANGELA not permitted pursuant to Section 100- 11:30 A M. JAY W GUILD #5866 REINERTSEN #5973 Request for 13,which defines a farm stand as 'any (Rehearing) - Request for a Variance Vanances under Sections 280-15 and structure open to the weather on at least under Section 280-18,formerly 100-31A- 280-18(100-30A 3 and 100-33 based on one side,used for the sole purpose of re- 2c, based on the Building Inspector's the Building Inspector's August 4,2006 tail sale of produce grown by the owner August 30,2005 Notice of Disapproval, Notice of Disapproval concerning a of the stand on the farm acreage within amended March 1, 2006 concerning proposed new dwelling,accessory swim- the Town of Southold, and such stiuc- commercial agricultural greenhouses ming pool,and accessory(cabana)build- ture may be one-story or less,roofed or proposed in a location at less than 75 ing.The dwelling will be less than 50 feet have partial walls and flooring but may feet from the rear lot line,less than 20 from the front lot line and rear lot line, not be completely enclosed except when iand the swimming pool and accessory the business is closed. A farm stand mayfeet on a singlelimitaside of and elot con- building will be in a side yard rather than not be insulated or mechanically heatethe code this 6-acre 20 parcel, percentt 34695lot C.R. the code-required rear yard Location of or cooled by permanent equipment. A 48 (a/k/a on Middle Road or North[ Road),C.R. Property:590 Arrowhead Lane,Peconic, truck bed or trailer on wheels,with areas 48 Mor CTM 98-2-4.1 in excess of20 square feet displaying pro- Pecon11.45ic; CTM 68-4-19. EAST 9.45 A.M BERIT LALLI #5978 duce,shall be considered a farm stand' TRA.M. EAST MARION FIRE Request for a Variance under Section Location of Property 7540 Main Road ancDISTRICT#5972. 280-Request for a(100-162A3, 280-124(100-244 based on the Building (and Cedar Lane),East Marion, CTM AS) baseddr on theen Building specto 's Inspector's May 15,2006 Notice of Dis- 31-6-28.5 and 28.6. AS) Inspector's approval)concerning a proposed addi- 10 25 A.M. FITF LLC#5617. Re- July 25, 2006 Notice of Disapproval tion to the existing dwelling at less than quest for Variances under Section 280- for construction non/telecommunications a cd wireless , the code-required 35 feet from the front 18 (Bulk Schedule) for a lot proposed o tower nicpowned, leased lot line,at 1405 Narrow River Road,On- with less than 40,000 square feet of land on property leased or ent;CTM 27-3-6 3. area in the R-40 Low-Density Residen- otherwise controlled by a special dis- 9'50 A M MARK MELNICK#5977 tial Zone District(formerly M-II),and a tracte special district. The proposed tower approved by the commissioners of Request for Variances under Sections lot under contract of sale with the Town th 280-124 and 280-116(100-239.4B,based of Southold,proposed with an area of will exceed the code 0feetiab - with on the Building Inspector's August 25, less than 80,000 square feet in the R-80 a height greater than 10 feet above the 2006 Notice of Disapproval, amended Residential Zone,located along the west average height of buildings within 300 November 9,2006 concerning an addi- side of Reservoir Road,Fishers Island; feet of the facility, OR if there are no tion and alterations for a second-story Suffolk County CTM Parcel 1000-9-8-2 buildings within 300 feet, these faci 0fee- over the existing first floor of the exist- 10.35 A M ZAHARIA PAPAZA- ties shall not protect higher than 10 feet ing dwelling and addition at less than the HARIOU&OTHERS#5974. Request above the average tree canopy height in code-required 35 ft front yard, at 405 for a Variance under Section 280-15, that radius measured from ground level. Private Road #3,Southold, CTM 70-6- based on the Building Inspector's Au- If there are nose buildings within tele feet 15 gust 24, 2006 Notice of Disapproval of the proposed facility site,all telecom- 9 55 A M MICHAEL FLYNN#5975, concerning an accessory swimming pool munication towers shall be surrounded Request for a Variance under Section proposed in a yard other than the code- by dense tree growth to screen views of 280-124 (100-244 based on the Build- required rear yard,at 2905 Private Road the facility in all directions Location of ing Inspector's May 24,2006 Notice of #1,East Marion;CTM 22-3-8 1 Property.9245 Main Road,East Marion, Disapproval) concerning a proposed 10 40 A.M. ROBERT SEELEY CTM 31-3-1131 containing 3.05 acres. addition to the existing dwelling at less #5912 Request for a Variance under The Board of Appeals will hear all than the code-required 15 feet,at 7800 Section 280-116 (100-239 4A based on persons, or their representatives, desir- I, Soundview Avenue,Southold,CTM 59- the R„dding-Inspector'sApril-12,2006 ing t°-be heard at-e hi hearing,and/or —9=`32 Notice of Disapproval concerning a desiring to submit written statements 1000 AM HENRY OMAN and .ro.osed accesso ,.et before the rniieliigion of each hcanng ' ` • ` i equest structure proposed at less than 100 feet Each hearing will not start earlier than for Variances under Section 280-14(100- from the top of the bluff adjacent to the designated above Files are available for 32), based on the Building Inspector's Long Island Sound,at 1250 Sound Drive, review during regular business hours and July 25,2006 Notice of Disapproval con- Greenport; Rockcove Estates Lot 4, prior to the day of the hearing If you cerning proposed Lots 1 and 2 with less CTM 33-3-19.4 have questions,please do not hesitate to than the code required 80,000 square 10 50 A.M. MICHAEL and ROBIN contact our office at(631)765-1809,or feet,less than 175 ft of frontage/lot width DREWS#5929 Request for Variances by email:Linda Kowalski@Town.South- along Bridge Lane,and with a proposed under Sections 280-116 and 280-124 old.ny.us. side yard setback at less than the code- (100-239.4B and 100-244 based on the Dated: November 13,2006. required 20 feet from the division line. Building Inspector's May 31,2006 No- ZONING BOARD OF APPEALS The applicant's parcel as exists contains tice of Disapproval) concerning a pro- RUTH D.OLIVA,CHAIRWOMAN 1.637 acres and is located in the R-80 posed new-single-family dwelling,after 8118-1T 11/16 . i x % p, 1��Ali FORM NO. 3 SUN 1 9 2006 y1� TOWN OF SOUTHOLD BUILDING DEPARTMENT FL fZONING 8-- 7t � NOTICE OF DISAPPROVAL DATE: April 25, 2006 TO: Mark Schwartz for M&R Drews PO Box 933 Cutchogue, NY 11935 Please take notice that your application dated April 20, 2006 For a permit for demolition &construction of a single family dwelling, at Location of property: 7425 Nassau Pt. Road, Cutchogue NY County Tax Map No. 1000 - Section 118 Block 4 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling on a non-conforming, 37,923 sq. ft parcel, is not permitted pursuant to Article XXIII Section 100-239B which states: "All buildings or structures located on lots upon which a bulkhead ... exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed setback to the bulkhead is 70'(feet). 11>3 Furthermore the construction is not permitted pursuant to ArticleXXIV Section 100-244 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 100-24, are nonconforming and have not merged pursuant to 100-25." Such lots shall have a minimum side yard-setb k of 15'. The existing survey indicates construction at a distance of ap ximately 11' t the side lot line. Z144.6..e. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF • 'PELF a k} For Office Use Only JUN 1 9 2006 Fee: $S(0® - Filed By: ,,` Date Assigned/Assignment No. 4; • Office Notes: 'ZONING BOARD OF A'PL:AL S Parcel Location: House No. 7425 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 118 Block 4 Lot(s) 2 Lot Size 37,923 s.f. Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 4/25/06 Applicant/Owner(s): Michael Drews and Robin Drews Mailing Address: 105 Hemlock Road, Short Hills,NJ 07078 Telephone:973-258-0372 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 FOR: O Building Permit(setback to bulkhead & side yard setback) O Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use O 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 XXIII Section 100-239B Subsection(setback to bulkhead) Article XXIV Section 100-244 (side yard variance- nonconforming lot) Type of Appeal. An Appeal is made for: 0 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. O Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. Year 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: The property is in the Nassau Point Club Properties, Inc. Filed map of August 16, 1922. The parcel is preexisting nonconforming and is comparable to the majority of the developed parcels in Nassau Point being 37,923 sq. ft in size. The property contains a bulkhead and the existing deck is closer to the bulkhead then the proposed house and deck. The existing house appears to have been constructed in the 1940's and renovated at one time. However, the renovation(new roof and siding) appears to be 20 years old (see photograph#1 A &B). The owners wish to make significant changes to the house, it is more cost effective to demolish the existing residence and construct a new dwelling which conforms to the current state building code. The house is to be reconstructed at 71.3 feet from the bulkhead. In the same location as the existing house. The deck is being cut back and the new deck is set back away from the existing deck. The lot is long and narrow: 100 feet in width. The house is at 15 feet from the property line, as required, but the stoop will encroach into the side yard. This is a very minor variance request. Stoops in front yards are excluded from setback requirments. (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 house is located in line with the neighboring homes (see photograph#2). The house will be constructed in the same general area as the existing residence. An attached garage will be constructed in on the street side. The house conforms to side yards (except for the stoop) and is proposed 71.3 feet from the bulkhead, a greater distance then the existing house. (3) The amount of relief requested is not substantial because: The existing attached deck is 63.3 feet from the bulkhead. The proposed is 71.3 feet to the bulkhead. The proposed house is in line with the community character and an adequate distance to the bulkhead. The bulkhead was recently replaced and is in very good condition. The balance of the neighboring waterfront parcels have a continuous bulkhead along Nassau Point Road. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is on Little Peconic Bay, but contains bulkhead along the entire waterfront. The bulkhead is continuous with neighboring bulkheads (See photograph#3); landward of the bulkhead is vegetation, the bank is heavily vegetated, and the house is located at a higher elevation then the beach. This property is developed like all the surrounding homes along Nassau Point Road. These homes have been along Nassau Point since the 1930's when the properties began to be developed. The adjacent home is setback at less than 10 feet from the property line- the proposed setback for the stoop leaves adequate clearance for access to the water. The west side of the property is sloped down and a stoop and stairs down is needed. The setback on the east side is a conforming 20 feet. (5) Has the variance been self-created? (X)Yes, or ( )No. If not, is the construction existing, as built? ( )Yes, or( )No. The property as created and developed prior to the 100 foot regulations, the house will be in keeping with the balance of the properties in this area. The surrounding homes have similar design constraints. (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 property is long and narrow(only 100 feet in width) and the homes are developed along the water. Most of the homes along Nassau Point Road have larger front yard setbacks to preserve the privacy of the owners and capture the views to Little Peconic Bay. This house is in line with the surrounding homes and is set back further than both homes to the east. (See Photo #2) This is the MINIMUM that is necessary and adequate, 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. Sig . re of Appellant or Authorized Agent (Agent must submit Authorization from Owner) Sworn to before me this day o. ' Q , 200 / . (Nota t► blic BETSY A.PERKINS potvy Public.State of New Yah No.0WE 6130636 Cuaged In Suffolk j7caii Conunisaon �J.i-�� • .. i; , �...a. TO" 114. OF. SauT HOLD P .ERTY RECORD CARD I OWNER STREET 76/2 ' VILLAGE_ - • - ---DISTRICT--11 SUB.• LOT" • /` ---_..• ' ri •:....-../4' %' /• ��• ..-I.:.. :.•5g, 4',/ f- !/�'� /�/a.rf a v Riot- &a c . C V/C i di v e , , (G'� - t�_./e2/' Y � FORMIC OWNER' N E ACI AGE �/ / i (� {�' .11/4�(,l G ,- � S W TYPEOF BUILDING , • �R.Qs'SE�.rf-t7F s. .} RES�i SEAS. VL. FARM COMM. IND. + CB. ' MISC. •-I - LAND IMP. TOTAL, DATE REMARKS t f d �c <� � ,� /G I" C, ^t) v 4)e1 - - '_ ., 7 , .. S`01. .119 Loao,,D.--0,14.6k. •".i:441trie ir L.as 4'_0-it/P--P 3 C 1, ti 09 1 / 0 0 l 7 'o - a9 ' l fGaa 7 oo / / a/ ,/ - 1. AGE • BUILDING CONDITION i. NEW`-":. :- _. " NORMAL_' - - • BELOW• - - ABOVE -id d• /,/??.i4'4 oa..d g . 9 a° ..-2906 . Farm Acre _-Value Per Acre Value Tillable 1 , . _ . Tillable 2 - - - Tillable, 3 -- . ' Woodland , - Swampland - . Brushland *,.,y - t. House Plot ` : • . Total , i - 7iJl_ , k :. -- -- -- --------'--- "zt �.: .....-_ • 'A.RIP. A.;,-4> s11 )A -` ). r. • t 4r - l"}�� i � 9ly � y x *t p.c R -...... 1 i - - „ s if h ? I A. .1 . M. 81d a dry, g. �� Sia ,. 7 41 D o 2.9/ Foundation6,61,),11,21,,,,,,5,--- Bath • I Extension 2 ..K z 3 0 6 ../ 1,..(..‘"? —.� L�'1� — P Basement Floors j Extension �,a foo 0 9d Ext. Walls (; ,rt , , J f Interior Finish ,..„. // r'v Extension Fire Place l-r, Heat • i , rt - /pX i i % .2,P.a „3-d I( a . 3 -r�',v Porch �y/a.c°<c_ ` Attic - Porch / Rooms 1st Floor Breezeway Patio Rooms 2nd Flcor - Garage k t.- ///1�1'' ez" ii-02.44x • Driveway a ,/-,-)AL e lit/ u - • } _ 6 9 i )CaC1(m t . �� ,,,� . . .._w_....... M. . . ... .�..... w .�.__ .... . . . . . . .. , . . . - .. . i o - 3.4 4.2 10 ,D a, F.D. Z9 e H4N. SHOREUNE A 4Y t„ ' . BAY .„,. ..„.......------..._,:::.7.5,N ." � PECONIC — GREAT ' - — 1128 t District Line --H—- UNLESS DRAWN OTHERWISE, ALL PROPERTIES NOTICE ' =0'' COUNTY OF SUFFOLK K 109 110 TOIN 01 ARE WITHIN THE FOLLOWING DISTRICTS. ;=� ��;. O -- Refile District Una —-R—- SCHOOL 15 SEWER • y MAINTENANCE,ALTERATION,SALE OR :'0® ®�° Real Property y TQX Service Agency Y u7tx000E -- Hstvktlpstrkt LNe —HST—- FRE 29 HYDRANT DISTRIBUTION OF ANY PORTION OF THE :p T`�"• b' ll6VILLAGE -- 4448,,,.o.-c,L.—-A—-, LICHT 45 WATER SUFFOLK COUNTY TAX MAP IS PROHIBITED '®� �T �"' County Center Riverhead,N Y 11901 HARBOR -- Auster,ter,Olshkt um—WW M =`=- (AMBULANCE_9, -- REFUSE TEWATER _ WITHOUT WRITTEN PERMISSION OF THE %,..416, %,..4 '� too SCALE IN FEET 400 A `z•LIr:,,,F;1,.;`.Fir��=Y,^` Z`,F�£? T: -L'_ :-_ -'�:' ...-w.,; A'-P5OPERTY�TAX SERVICE%AGENCY. �.$Ol. _ P CREAT PECDwC BAY 134 OISTRICI . Nv41-. " c ..-Y'..a ,. : n, ._0'! :ihP .,. •4k,� ,y •-•,7.4.1.". �.. z,; ,. W r-t` 4 46-'4-1-1T-7',6 , ;;;rt z :Ss?>.-• ro� _ 3C�VERS .. ... i ^..T n,,� � 66 .Id�6`,—4" :.-X -eG 1�G2`i'.,i'`F .^? 5-\... (---'---:'''------,--z------N- ... ..._ __;' -.j LWE • •v 150'` p ! ,unm•',1.OA(U_8 VsO v •nzm• 3 6 "e• sv Qom' • 11 su= 10010 19.SA1e1 um + zee 154 :C:h., ,un 3.1 Q TOWN OF SOUTHOLD fz„r„ 1•SAfc1 °;'r • 'Z' ' e,'_ _.__—"s -e1. lo 0004 !UNDERWATER LAM - �'. ` y `- ,,a` ,s ` 1^• • „.„,,••\\ ,018.3 V` .',''`. 1 ^''' .ns+ ' )4.1 H 3 a - \'s�,\o, \ \Li-m � a' Au 2 r..-,-t , 194' �' N 4 11 \1.2A(eC) ,9 0'° '• ,, : 'n 5 t q- ', tw " o°..? v • 5 y c e ,20 ,w+1J+ BA a 2.4A(c) ,,,„6* -ie '; 1°° ITT ��� 6 ns . 4' ,s,,, atuu0 71 ^, 9�� m 13 ' 'AS 61 . I 4%3.a te s.6.;„, . s: ,.z, r no.° f .:c , 16.1 :'� , 4 1 9,�i„e a 6 O \ j v« v 4 •a r, ri 3',x \\ a '' k7.a a/ M1 q,5p//• 1D lC ,c e4'o 45,`1.2pc1 \\\\ a �l,,, O // ,6P ,• neo.,. // .___ t' /moo - fi 4 2 '° ja ., / - ,s 11.4 yut ss. 1400) s �plcl 11.2A(C) 11.5 I4 ze s 1 A •\ •�, +O y ' !UNDERWATER L ND) r e J ,A N. , Lagoon _ °,"O ,ac.) 70 12" 1. c---0.:-- „Q e n �` �/ \\' of .tj2 14.1 .6:3, +1=- ° \ 4 10 AIC( • \ 00, o I S�DREUWE 1 \\ 4 c., 18 Y ,A.2 1 -.so. \\N S I1° ' n •-t, Se cyo T1 © rr4, Ee, s • 9'a/ e c Ap '° m .§ 9p • °r ' 69 1,94e9/ W, /q° ',9 S 9 .G ,y .29 .4/ ;A ---..„% 9S ,- TOWN OF SOUTHOLD BUILDING.PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT I u have or need the following,before applying' TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: f;$4/47g Approved ,20 Mail to: / je1I' 77 �l �Disapproved a/c 24(0 BeaK Y33 6 11 Phone: 7344106 Expiration ,20 Building Inspector i' x 4s APPLICATION FOR BUILDING PERMIT 20 Date OG�-I I j /©6 , 20 • ,;,t.o INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The -applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature .f..plicant or name,if a corporation) fa &X 933 Ci -a6&r. (Mailing address of applicant) State whether applicant is owner, lesser, agent, architect, gineer, general contractor, electrician,plumber or builder Name of owner of premises M ICI-ME u 4 ' I�➢ �I���,f� 5' (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 741-5 KA- C'S.41'u Po I u T ie &(i f cl House Number Street Hamlet County Tax Map No. 1000 Section f 1 8 Block 04 ' Lot e, Subdivision Filed Map No. . ' ' 'Lot , (Name) f 2. State existing use and occupancy or premises and intended use and occupancy of proposed.construction: a. Existing use and occupancy S i N6 LE I1� Ly iCF S1.62( f�E b. Intended use and occupancy f/t/t1 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. SEE- 9L4-NIS 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories gEE Sue-Vey 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 1240 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded?YES NO XWill excess fill be removed from premises?YES NO MICFMEL- a-013W 105 HEI1-ocK 1z� 14. Names of Owner of premises 17ie.I,l S AddressSf-�ae,?'4"j Phone No.973-Z 55'03 7 Z N`-ine of Architect MA fz- ,S'C IJt,✓Ait-t,_ Address Phone No 73 ¢— ¢/eV-- Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES t/ NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 1 .-NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. [6. Provide survey, to scale, with accurate foundation plan and distances to property lines. [7. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. ;TATE OF NEW YORK) ''rr SS: L'OUNTY OFSU f DI . ) iCklgoe- J /fi&/,li 7"7-- being duly sworn, deposes and says that(s)he is the applicant _ (Name of individual signing contract)above named, - S)He is the " "_ ���t✓�� GG' 7--'.. (Contractor,Agent, Corporate Officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; hat all statements contained in this application are true to the best of his knowledge and belief; and that the work will be )erformed in the manner set forth in the application filed therewith. • Sworn to )efore me this 20 41' s r day of 4P,24 . , 1 , it Notary ublic Signature o Applicant MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01D04634870 Qualified in Suffolk County Commission Expires September 30,Q l� 1 �- Pale ,13-19A- 9//310 t / PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 SEP 7 2.006 M 416-1011 7cm gary--- September 6, 2006 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Att : Linda Re : Michael & Robin Drews 1000-118-4-2 Dear Linda: ( In response to an amended reply form, you requested that the proposed plan be resubmitted to the building department . I met with Patricia Conklin to review the plan and notice of disapproval she issued. She advised that all is in order. The plan addresses the variances requested (setback to bulkhead and side yard due to the covered stoop) . Thereafter, Mark Schwartz met with Damon who identified Town Code Section .280-104 C (3) which permits terraces- steps to project into any side yard provided it is no closer than 4 feet to any lot line . Damon & Mark advised that the terrace & stairs are OK but it has a roof and therefore the side yard variance of 11 feet from the property line is required due to the roof . I have attached the note the .:.ass _ me . Ir Mark will provided t ,1 1 ' setback o the plan for the platform, it was scaled off the building department and is an accurate me._ -text . The rouug a ions with the height from ground to -op of ridge was drawn by Mark Schwartz in "perspective" which prov a s two ' des at once. These elevations with heights were submitted with the original paperwork (A-1 & A-2) . I have attached one copy for your convenience . The Town Trustees have approved the application, the DEC letter of no jurisdiction is pending, The LWRP form was submitted with the Trustees application and reviewed. The LWRP letter was sent directly to the ZBA on August 14, 2006 by the LWRP coordinator. Attached is a copy for your convenience . The deck on grade (platform) adjacent to the bulkhead does not require a variance, however, it was reviewed by the Trustees . One of the two platforms (west side) was approved by the Trustees . We would respectfully request a hearing. If there is anything else you need please do not hesitate to contact me. V- y ••ruly yours, batricia C. Moore PCM/mr Encls . 411110 MAILING ADDRESS: PLANNING BOARD MEMBE iii'' P.O.Box 1179 JERILYN B.WOODHOUSE /1° *®F S®Ur*® Southold,NY 11971 Chair 1 A® N® OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR coot 54375 State Route 25 GEORGE D.SOLOMON ; aQ��1� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Southold, NY q 000 OO' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth D. Olivia, Chair ®-1 Town of Southold Zoning Board of Appeals ' From: Mark Terry, Senior Environmental Planner AUG 1 4 2006 LWRP Coordinator Date: August 14,2006 Re: ZBA File#5929 (Drews) SCTM#1000-118-4-2 The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note: Flood zone information was not provided in the submission to the Board. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. • 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the structure to the bulkhead is 71.3 feet; a minimum setback of 100 feet is required pursuant to Chapter 97 and a minimum setback of 75 feet is required by Article XXIII Section 100-239B of the Town of Southold Town Code. Please require that the applicant amend the application to meet the above policy to the greatest extent possible, Pursuant to Chapter 95, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action l v S- COUNTY OF SUFFOLK C •5NED jq.,,. ;.. ECE Pel T;r DEC 12.006 } STEVE LEVY ZONING BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING November 24, 2006 Ms.Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: 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 disapproval. Applicant(s) Municipal File Number(s) FITF,LLC 5617 Rosenbaum/Niamonitakis 5691 Schoenhaar,Roy&Robert 5764 Seeley,Robert 5912 Drews,Michael&Robin 5929 Fergus,Edward 5941 East Marion Fire District 5972 Melnick,Mark 5977 *Staff notes the subdivision of Lot 1 along the B/R 40 zoning boundary and the 25 ft. wide right-of-way servicing the 3 proposed lots. As proposed,lot 2 is considered landlocked with no legal access to an existing or proposed public road. Consideration should be given to increasing the width of the nght-of-way to 30 ft. and redrawing both lots 2 and 3 as flag lots with 15 ft. of frontage along Main Road. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 .— z, • ELIZABETH A.NEVILLE ® Town Hall, 53095 Main Road TOWN CLERK k 4 4 % P.O. Box 1179 N r Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G %� MARRIAGE OFFICER . ,1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER . < Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER `---1 CO 'l ���', southoldtown.northfork.net e_... oss OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: June 20, 2006 RE: Zoning Appeal No. 5929 Transmitted herewith is Zoning Appeals No. 5929 of Michael& Robin Drews -the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a letter from the owners to the Z.B.A. giving authorization for Patricia C. Moore to act as their agent, a cover letter to the Z.B.A. from Patricia C. Moore, the Applicant's Project Description, Questionnaire for Filing With Your Z.B.A. Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, a Short Environmental Assessment Form,Notice of Disapproval dated April 25, 2006, (4) color photographs of the residence, a Site Plan, Elevations, and Floor Plans. ,oi' OFFOLt = Office Location: ��.1#NO CO ,G Mailing Address: Town Annex/First Floor,North Fork Bank y x 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.P.O. Box 1179 Southold,NY 11971 =y,'91 �a�l���� Southold, NY 11971-0959 ,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 January, 2007 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re: ZBA Ref. 5929 —Variance Determination (Drews) Dear Mrs ore: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its December 14, 2006 Meeting. Please be sure to file an extra copy of the enclosed variance determination when submitting other final documents, or amendments, with the Building Department. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision to: Building Department " .7„ - A FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: April 25, 2006 TO: Mark Schwartz for M &R Drews PO Box 933 Cutchogue,NY 11935 Please take notice that your application dated April 20, 2006 For a permit for demolition& construction of a single family dwelling, at Location of property: 7425 Nassau Pt. Road, Cutchogue NY County Tax Map No. 1000 - Section 118 Block 4 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling on a non-conforming, 37,923 sq. ft parcel, is not permitted pursuant to Article XXIII Section 100-239B which states: "All buildings or structures located on lots upon which a bulkhead ... exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed setback to the bulkhead is 70'(feet). Furthermore the construction is not permitted pursuant to ArticleXXIV Section 100-244 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 100-24, are nonconforming and have not merged pursuant to 100-25." Such lots shall have a minimum side ya . -tbac� . 15'. The existing survey indicates construction at a distance of approxim ely 11' to the s le lot line. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 • Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretary June 21, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Michael & Robin Drews SCTM#1000-118-4-2 7425 Nassau point Road, Cutchogue Dear Chairwoman and Board members : For your convenience, Mr. Swartz prepared a site plan which shows the location of existing and proposed structures : Existing House to bulkhead: 78 . 3 inches Existing Deck of House to Bulkhead: 63 . 3inches Proposed House to bulkhead: 80 . 8 inches Proposed Deck of House to bulkhead: 71 . 3 inches If you need anything else please do not hesitate to contact me. „..Ve y tru �y yours, pw ricia C. Moore cc : Mr. And Mrs . Drews 21 2006 ave C\ 4 6(1\ *yaP�i�N 2 PATRICIA C. MOORE Attorney at Law 51020 Main Road ' Southold,New York 11971 / Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretary June 19, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road ,rscwra t{��y,�`ji,ll��� Southold, NY 11971 1 1 c ` JUN 19029 2006 Re : Michael & Robin Drews �, � SCTM#1000-118-4-2 7425 Nassau point Road, Cutchogue ZONING ROARS OF APPEAL Dear Chairwoman and Board members : Enclosed please find an application to reconstruct dwelling together with 7 packets of the following documents : 1 . Notice of disapproval Lit _1(a,c( b 2 . Variance Application with authorization and photographs 3 . questionnaire, project description & transactional disclosure form 4 . Mark Swartz, AIA site plan, Proposed elevations and floor plans 5 . LWRP 6 . Short EAF 7 . My client' s check in the amount of $400 . 00 If you need anything else please do not hesitate to contact me. Ve truly yours, ricia C. Moore cc : Mr. And Mrs . Drews Towii of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2 Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3 If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken A copy of the LWRP is available in the following places: onlme at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-118-4-2 (Michael & Robin Drews) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330ft ,1.0 The Application has been submitted to (check appropriate response): r. Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals X (Variance) 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Trustees Permit and ZBA Variance Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Proposed reconstruction of single family residence complying with all energy and environmental standards. New Sanitary is proposed., setback to the bulkhead increased from 63.3 to 71.3 for the deck, and 78.3 setbaek to existing building and 80.8 to proposed building, new drywells and gutters added Location of action:7425 Nassau Point Road, Cutchogue Site acreage: 37,923 sq.ft. Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Michael & Robin Drews (b) Mailing address: 105 Hemlock Road, Short Hills NJ (c) Telephone number: ( ) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: — Town of Southold LWRP Consistency Assessment Form 2 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria.l Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The 'ro.osed reconstruction of the sin'le famil dwellin will remove an existing residence which was constructed in the 1930's without proper insulation, hurricane standards, energy efficiency and outdated sanitary system. The proposed use is a permitted use Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropnate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes X No ❑ Not Applicable ❑ Discussion (if appropnate):There are existing shoreline protective devices, bulkhead, and the residential property will be revitalized with a new house. The construction of a new house also requires a new sanitary system which will give greater protection to the environment. New house construction provides for gutters and leaders which control drainage and provides for proper sedimant control. Town of Southold LWRP Consistency Assessment Form 3 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes X No 0 Not Applicable 0 Discussion (if appropriate): The construction of a new residence will meet flood standards and hurricane code compliance. New construction is preferred to the pre-building code materials because the purpose of the state building code is to prevent loss of life. Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes X No 0 Not Applicable 0 Discussion (if appropriate): A new sanitar s stem is •ro s osed which will meet or exceed Suffolk County Sanitary Code standards. The proposed house is designed to prevent discharge of runoff into surface waters through use of drywells and leaders. After construction the property will be landscaped with native and low-fertilizer dependent plant species which will reduce nitrogen loading from the site. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies, Pages 22 through 32 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): The site is adjacent to Little Peconic Bay, however the proposed house has been located at a greater distance to the bulkhead then the original structure. The property was developed with a year round dwelling and replacement of the dwelling is consistent with Town policies and New York State policies. The distance of the house and sanitary to the wetlands was maximized and the setback to the bulkhead is in line with ad'acent .I roerties. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality by replacement of a single family dwelling. Town of Southold LWRP Consistency Assessment Form 4 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for " evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): The construction of an updated home will be a benefit to the environment because current regulations are more restrictive then at the time the house was originally constructed. The replacement of the sanitary system is the most beneficial aspect of new construction. Town of Southold LWRP Consistency Assessment Form 5 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropnate):The parcel is private, however, access along the beach is open to the public Town of Southold LWRP Consistency Assessment Fomi 6 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The replacement of the single family house is an appropriate and recognized permitted use in the Town of Southold,. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies;Pages 57 through 62 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate): The construction of new home to replace an existing home promote and enhance marine resources because new construction is environmentally friendly and all the regulatory agencies control the project to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies, Pages 62 through 65 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion (if appropriate):As stated before, the house will be constructed with energy efficient materials and safety standards. Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 7 a Town of Southold LWRP Consistency Assessment Form 8 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: House and Deck- all existing structures II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: first floor 64'x 68'main house and deck mud room (14' x 16'9"), breeze-way( 11' x 12') and 3 car garage See Plans Dimensions of new second floor:59'6" x 58'plus second floor storage over connection and garage (See Plans) Dimensions of floor above second level: attic Height(from finished ground to top of ridge): 34'-3'-1/2 Is basement or lowest floor area being constructed? Cellar If yes,please provide height(above ground) measured from natural existing grade to first floor: 10' (see elevations) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5098 sq.ft Proposed increase of building coverage: Square footage of your lot: 39,032 Percentage of coverage of your lot by building area: 13.1% V. Purpose of New Construction Requested: construct new house VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _location of existing house is 63.3 feet from the bulkhead, proposed structure 71.3 from bulkhead Please submit seven (7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 r',-Vis4, '''. ' • '0,4s. .,.:•,,, •..-,. \ C ,,.,' ::f.,•,..'," ........••••""'".... -e" r ex, t•- ..'4, ..., ii.. - . it.. • •. , . • .. , . . , .. • . -'. .......<'.•••• - , - ,• • ,, AXI. ..' .'...i . .,. I % . •48, ,li. s. ' . . . ., • . t . ';.'• :.' •r.-%/et . • i- ... ,. w •.. - • :( ..... '.4AW•kr;'- ' ...., ...... , • • Silak..-7— •- .. ,.. . , !• , . - i • . , . . -., .' i • . "k,„' .. .4,i' •14 "• . . 'I . • . • .... : "... 06/08/2006 it\ • 46 .....s, „.. , ,_ ..... ,...... ie -•- • ... •.„ u_Liu I 1,lij Li - - .,,,,..• .._ 06/08/2006 , t. • Michael &Robin Drews Parcel Location: House No. 7425 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 118 Block 4 Lot(s) 2 Lot Size 37,923 s.f. <�'1 ,..+t Y I'll, 4: F v ,, �1:41.1k-t%- • _. to :' �r �- -..#`.' — _.��, 'i-!_ _ - a - 1= ' it _ _ — r -- -4101V.','"` " ..,4! ' -.., 06/Q8/2006 15 b,N,. .G„Sw1ir.,as 5 a . . .` ' I no i ` 111 -Is, ��___.1r — ---- 111 '1 '1 a __,,,, ______ r, _ :_,___ �; _ I (8 Q4_) , ,_ ti_... 06/08/2006 ci 9,9 L 1,) Michael & Robin Drews Parcel Location: House No. 7425 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 118 Block 4 Lot(s) 2 Lot Size 37,923 s.f. ' i a , , - --,N - - - -- .- _II I ' I ' = . I. .-1 iArtil . ,11_11, ' S ract.A 6\ _ EG.ST ..i.p.... ii. ,. .L\____ 0 0 • 0 1 ' -,.- 7. 06/08/2006 �.. 10 e 3 11111000 .-,y F 06/08/2006 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale'? ❑Yes 4No B. Are there any proposals to change or alter land contours'? ❑Yes No C. 1) Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? kieS 3) Is the property bulkheaded between the wetlands area and the upland building area? 'des 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of junsdiction? lies Please confirm status of your inquiry or application with the Trustees: -G 110 ' % a5r, 1"`'g""" D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Wb E. Are there any patios, concrete bamers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? / ,If yes, please submit a copy of your building permit and map as approved by the Building .Department and describe: G. Do you or any co-owner also own other land close to this parcel? /1/0 If yes, please label .the proximity of your lands on your map with this application H. Please list present use or operations conducted at this parcel eX(1.1- ILA l and proposed use i1€4,0AI - (e . es: ex :ting. ingle-family; proposed: same with garage) Au onzed Signature and Date 2/05 , TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Y Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Michael &Robin Drews and Patricia C. Moore Esq. (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.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *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 in which the Town officer or employee owns more than 5% of the shares. YES NOX t 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, agent or contract vendee) 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 None Submitted this /g day of c/a/Le Orc,4. Signatur Print Name: Micha- : Robin Drews Signature: / / . Print Name: Patricia C. Moore Esq. 1 5-:6.4 1-!971—Text 12 PROJECT i.D. NUMBER 517.21 SEG Aopendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To ee completed by Applicant or Prolecz sconsor) 1. APPLICANT,SPONSOR ' 2. PROJECT NAME M t r .( 1206/n DSP s 170---re 3. PROJECT LOCATION: 7L/2n1LL®"SSL [ T8fyyt" Ln e�, /� �r Municloality /7 � County = � c o+ 4. PREC:SE LOCATION(Street aearess ane road intersections,prominent iancrnarks. etc., or arovice mato) 7'1 zS /At 2 ac_ /600 //y - �/- 5. IS PROPOSED ACTION: e'0.,sl5hvci4 � ra ' r t ���tv JrsZ New Expansion Motlifica[ionralteration �l )• I � ion 6. DESCRIBE PROJECT BRIEFLY: Ga„S w c ' d'u g 71 oceo m eic c •6u- ai_eztc7/. •7. AMOUNT OFLANO AFFECTED: Initially / acres Ultimately / acres 3. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING CR OTHER EXISTING 'LAND USE FES T RICTIONS? L—Yes No If No,describe brierly 1✓e�ivt e 14, gad/CA./ad— S7 y V G/� HAT IS PRESENT LAND USE IN VICINITY JF PROJECT? i Residential ` r'neus:rial Commercial LI Agriculture _Parx/Fcresu0oen space I{Other • escribe: • :0. OCES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? G Yes USI No It yes.list agency(s)and Derma/approvals I _ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑Yes 'No If yes,list agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL RECUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS -PUG 70 T4E 3EST CF MY KNOWL=OGE APolicantlsocnsor name: • Ci _ ��P Date. r ,./C1 1^, Signature: • If the action is in the Cocstal Area, and ;cu are a state acency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART Il—ENVIRONMEN T Al ^'SEESN1ENT i o be carnoleted Ace^c, A. DOES ACT,CN E,tCEEJ ANY THREE ..DLJ IN o N`rC R, °ART 5i7 t< If e Y- ornate .he review process 3na use me FULL fir= ,es n No 3. 'NILE ACTICN RECE:VE COORDINATED REVIEW AS PROVIDED =CR UNVSTED ACTIONS IN 5 NYCPR. R&RT 577 57 If No, a negative declaratl: may oe superseded 3y another involved agency. L_:Yes L_No C. CCULD ACTICN RESULT IN ANY ADVERSE EFFECTS ASSOCIATED ,VITH ThE FOLLOWING. (Answers may be nandwrttten ,1 legiole) C1_ Existing air quality, surface or groundwater Quality or Quantity, noise levels. existing traffic pattens, solid waste arcaucf:on or dlscesr potential for erosion,drainage or tlooaing oroolems? Explain briefly: - C2. Aesthetic, agricultural. archaeological. historic, or other natural or cultural resources:or community or neignbornood character/ Exolain brie' C3. Vegetation or fauna. fish, snellfish or wildlife species.significant haoitats. or threatened or endangered scectes? Explain orleily- C s. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain brie C5. Growth. subseouent development,or related activities likely to be induced oy the proposes action? Explain orterly. CS. Long term, short term. cumulative,or other effects not identified in Ci-057 Exolain briefly. i - 07. Other imoacts(including changes in use of either quantity or type of energy)? Explain briefly. • 0. ,S THERE.OR IS THERE LIKELY TO SE.CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL:MPACTS? Yes I No If Yes, exoiain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each aaverse effect identified above,determine wnether it is substantial,large,important or otherwise significar Each effect should oe assessed in connection with its (a) setting (i.e_ urban or rural); (b) probability of occo -ing• (c) duration: r, irreversibility:(e) geograpnic scone; and (f) magnitude; If necessary, add attachments or reference supporting materials. Ensure th explanations contain sufficient detail to snow that all relevant adverse impacts have been Identified and adequately addressed. 0 Check this box if you have identified one or more ootentially large or significant adverse impacts which MAY I - occur. Then proceed directly to the FULL EAF and/or prepare a positive-declaration_ 0 Check this pox If you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in_.ny significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: • sf,une or Agency 'Tint or vi:e `ane )i ,re)oonc.ole Unicer n Lead igenC7 fair of i(rsoonsiolr Officer J ignaiure )i t esoons.oie,Jfricer ,n Leda.Agency Signature Or ?reposer fit u,rerent from resoonsioie officer, J ie 2 To: New York State Department of Conservation Southold Town Zoning Board of Appeals Southold Town Trustees Southold Town Building Department Suffolk County Health Depai tuient Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#-1000-118-04-02 7425 Nassau Point Road, Cutchogue The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed residence and accessory structures on the above referenced parcel. vGIMP- Michael Drews Robin Drews )wn Of Southold IIIP.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/19/06 Receipt#: 307 Transaction(s): Reference Subtotal - 1 1 Application Fees 5929 $400 00 Check#: 307 Total Paid: $400.00 Name: Drews, Michael & Robin 105 Hemlock Road Short Hills, NJ 07078 Clerk ID: MICHELLE Internal ID 5929 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 06/19/06 ZBA# NAME CHECK# AMOUNT TC DARIFECgliVaP House of Daige LLCJUN 1 9 2006 5926 (Deborah Doty) 5808 $600.00 Southold Town Clerk RECEIVED David G. Hoffman $400.00 5927 5807 JUN 1 9 2006 (Deborah Doty) RECEIVED Southold Town Clerk 5928 D'Addario, James and $300.00 JUN 1 9 2005 Janet (Ellen Roche, 5198 Arch) 5929 Drews, Michael R. and ' 307 $400.00 Robin JUN 1 9 2005 Southold rowu Clerk TOTAL $1,700.00 OFFICE QF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email inda Kowalski a(Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: )IU e _?/ DATE: 9-� 7 -,(p RE: igaja_cLo 1- 5-94/1/ (q/a- PA9 p7. 08/17/2006 15:42 6317659064 ZBA PAGE 04 MAILING ADDRESS: PLANNING BOARD MEMBERS /14(W �1r�, �~ �f P.O.Box 1179 (W $0(/T _ Southold,NY 11971 JERILYN B.WOODHOUSE � Ve Chair II it., lO '; OFFICE LOCATION: 412 'Town Hall Annex KENNETH L.EDWARDS 54$75 State Route 25 MARTIN H.SIDOR ae GEORGE D.SOLOMON � �/ (ear.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND r Southold-,NY �DUN�'',*- .,• Telephone:631 766-1936 Fax:631 785-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To; Ruth D.Olivia,Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner 4Uri l 4 2006 LWRP Coordinator Date: August 14,2006 Re: ZBA File#5929(Drews) SCTM#1000-1 18-4-2 The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LVVRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT ,,' with the LWRP. Note: Flood zone information was not provided in the submission to the Board. '°Q6 Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. iasEk1-9 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the structure to the bulkhead is 71.3 feet; a minimum setback of 100 feet is required pursuant to chapter 97 and a minimum setback of 75 feet is required by Article XXIII Section 100-239B of the Town of Southold Town Code. Please require that the applicant amend the application to meet the above olio to the realest extent ossible Pursuant to Chapter 95, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action -- - - - •• i APPEALS BOARD MEMBERS\ ,i' s .WFa( - ti,,) • '� S kCOG- • Southold Town Hall Gerard P Goehringer,Chairman ��' _. 53095 Main Road P.O.Box 1179 James Dinizio,Jr. c S' Lydia A.Tortora o • a Southold,New York 11971 Lora S.Collins -y ZBA Fax(516)765-9064 George Homing = 01 is $'J Telephone(516)765-1809 BOARD OF APPEALS • TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND:DETERMINATION • ' MEETING OF3UL'Y'1, 1999 - Appt: No. 4709=THOMAS 1,:OSEE" - • __ • STREET&'LOCALIT,Y: .7425 Nassau Point Road,Cutchogue 1000-118-4-2 • DATE'OF PUBLIC HEARING: June-241999, • . • ' " • FINDINGS OF FACE - - • PROPi TY4FAG SIl ESCRIP'Ti01 :•.;dile applicant's property consists of a total lot area of 39043 sq. ft. with 101.05"ft. frontage 61611.640e;eastefly side'of•Nassau,Point Road and-lot depth of 403.88•ft.-(and:387.51 ft. var.). The property is improved With a single-family dwelling with the"as built"deck and accessory stairs to the bulkhead and Little Peconic ay beach. • • BASIS OF,APPLICA tON:',•••-Bpildiii6inspector'S May 4, 1999 Notice of Disapproval citing Article XXIII, Section 100-23G4B of.th$.Zoning Code•in applicant's request for a building permit for an "as built"deck addition with -an insufficient;setback from the'bulkhead. (No other variance relief is noted in this Notice of Disapproval.) - • • . AREA-VALANCE-RELIEF REQUESTED:- Applicant requests a Variance for approval of an "as built" setback location Of an'ppen;deck addition~rat the rear of the existing dwelling. The March 23, 1999 survey map prepared by-Lothar K.,Reissig, LAS.shows a setback at 61+-feet from the bulkhead at its closest point. The deckis417{3-ft:.-byt25 St4W.Oe plus,a.small•deck connecting the same to the house. The deck area appears tobe about 7'inchesabove•average grade(ground). •REASONS FOR,BOARD AGI` i ;4.DESCRIBED BELOW: Based on the testimony and record before the Board, • and pers©`-ia1 inspection,the Board'makes the following findings:. • • 1. xGrantpf the_area'variaice,t+rill-not produce an undesirable change in the character of the neighborhood or a dem`ttient•to nearby,,prgperiies because the 357 sq. ft. area of the deck which requires a variance is not obtrusive_elevated "only.12+- lathes above grade and causes no obstruction of view from neighboring properties: The deck is Open to the sky,rather than a fully enclosed addition. 2. The benefit:sought by-applicant cannot be achieved by some method, feasible for appellant to pursue, other•then an area variance because the dwelling in its present location was built more than 28 years ago. A deck conforming to.the.75.ft..code-requirement would be too small to be satisfactorily utilized; and if the deck were relocated to the•frorit of the house,there would be no benefit of waterviews. 3. T.he'requested area variance is not substantial and represents a 18.6 percent reduction from the code's 75 ft.setback requirement. • 4. Therelis no evidence•that grant of the variance will have an adverse effect or impact on the physical or environorental conditions in the neighborhood or district. Such a deck improvement would cause no disturbance to the biiff,or;bulkhead and Is'situated on stable ground. 5. The difficulty has not been self-created. 1 Page 2-July 1, 1999 ZBA Appl, No.4709-T. Losee • Parcel 1000-118-4-2 • In considering this application,,the Board deems this action to be the minimum,necessity and adegpateyto:• enable the applicants.to;enjoy:thc:,-benefit.of a new,-,deck,,.Whit preserving:and protecting the character of the neighborhood and the health,safety,welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio,seconded by Chairman Goehringer, it was RESOLVED,to GRANT the variance, as applied for,subject to the FOLLOWING CONDITION: The deck shall not be enlarged or expanded closer toward the bulkhead, nor improved by a roof. VOTE OF'THE BOARD: AYES: GOEHRINGER, DINIZIQ, TORTORA, HORNING, COLLINS. THIS RESOLUTION WAS DULY ADOPTED BY UNANIMOUS(5-0)VOTE.OF - :•ARD. • • GERARD P. GOEHRINGER, •HAIRM RECEIVED AND FILED BY .EIS' SOUTI-IOLD TOWN CL '. • DATE r,E _7 / 7117 JOq3 00- 111 elefjfaile 4'0 Thlia Town Qek, Town of Sogold. • • •• • • S.9 -9 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF MICHAEL & ROBIN DREWS SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-118-4-2 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing on Fishers Island, New York 06390 being duly sworn, depose and say that: On the 16th day of November , 2006, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or'right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, November 30, 2006. • CIA C. MOORE Sworn to before me this 2R—'ith d r of November, 2006 AA, otary P. .I I BAY A PERKING Notary Public.State of New York No 01PE 6130636 Ouallied in Suffolk County Commission Expires July 10, O *near the entrance or driveway entrance of the property, as the area most visible to passersby. • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 November 9, 2006 Attn: Linda Zoning Board of Appeals 53095 Main Road q cc� I y'9 PO Box 1179 Southold, NY 11971 RE: MICHAEL & ROBIN DREWS PROPERTY ADDRESS: 7425 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-118-4-2 Hearing Date: NOVEMBER 30, 2006 Dear Chairman: With reference to the above, enclosed please certified mail receipts together with Affidavit of Mailing. Thank you. Very my yo :, i / PA - A ! I"'e 0RE By Bets; erkins, LA bp Encls . v ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT MICHAEL & ROBIN DREWS OF (Name of Applicant) MAILINGS CTM Parcel #1000-118-4-2 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: ww11ww 7 On the day of November, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, 'a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or veh' lar right-of-way of record, surrounding the applicant's property. A�� ( ignature) BETSY PE1 S Sworn to before me=this 9- da of November, 2006 (N tary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4882528 Qualified in SuffSus June CS� Commission Expo / PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ' RECEIPT I - RECEIPT 1 { 7192 6463 3110 0000 2755 i 7192 6463 3110 0000 2762 FROM. I FROM: I RCIPT 7192 6469 31E0 0000 2779 Patricia C Moore Esq Patricia C Moore Esq 1 ' ' RE DREWS ZBA HEARING RE DREWS ZBA HEARING 1 FROM Patricia C Moore Esq RE DREWS ZBA HEARING I I SEND TO. I I ' SEND TO: CHRISTIAN AND CAROL ZIMM , , . 173 WELLINGTON ROAD , CHARLES FRASER SEND TO. ' GARDEN CITY NY 11530 i 7325 NASSAU POINT ROAD CUTCHOGUE NY 11935 GAIL HANLEY 7500 NASSAU POINT ROAD CUTCHOGUE NY 11935 FEES. FEES. Postage 0 39 , , Certified Fee 2 40 ' Postage 20 39 FEES: Return Receipt 1 85 Certified Fee 2 40 Reeturn Return Receipt 1 85 Postage 0 39 f Restnct d� Certified Fee 2 85 TOT 05, 4.64 /Ot-Lj N Return Receipt 1 85 o TOTAL 4 64 I Restricted C OSTM(RK 0 ATE "` y I 1 64 VJ 1 s STMARK OR DATE I TOTAL1-1C/ 1^-1� CDS" N `a o NOV -920(' `' / 'RK OR DS Ek �, V� I POS ' '� o ! 0 I ISS_ RECEIPT 7192 6463 3110 0000 2786 FROM: Patncia C Moore Esq RE DREWS ZBA HEARING SEND TO JOHN STACK PATRICIA MCCAFFERY 1105 PARK AVE,APT 5D NEW YORK NY 10128-1200 FEES: Postage 0 39 Certrfied Fee 2 40 Return Receipt 1 85 R/tngdr.H TOTA <® 4.64 P SARK OR ,A E • cg d. C. �O°e' er DREWS NEIGHBOR LIST SCTM: 1000-118-4-2 CHRISTIAN AND CAROL ZIMMER 173 WELLINGTON ROAD GARDEN CITY NY 11530 SCTM: 118-4-3 'CHARLES FRASER 7325 NASSAU POINT ROAD CUTCHOGUE NY 11935 SCTM: 118-4-1 GAIL HANLEY 7500 NASSAU POINT ROAD CUTCHOGUE NY 11935 SCTM: 118-3-3.1 JOHN STACK PATRICIA MCCAFFERY 1105 PARK AVE, APT. 5D NEW YORK NY 10128-1200 SCTM: 118-3-4.1 F3 iA PATRICIA RICIA C. MOORE Attorney at Law 51020 Main Road © ;OM Southold,New York 11971 Lj—' U Tel: (631)765-4330 Fax: (631)765-4643 November 9, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: MICHAEL & ROBIN DREWS PROPERTY ADDRESS: 7425 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-118-4-2 Dear Neighbor: I represent the above with regard to their property located at 7425 Nassau Point Road, Cutchogue, New York. They have submitted an application to the Zoning Board of Appeals for a variance concerning a proposed new single family dwelling after demolition of existing building with deck setbacks proposed at less than 75 feet to the bulkhead and roof overhang less than the code-required 15 feet on a single side yard. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, NOVEMBER 30, 2006 AT 10 : 50 A.M. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me. V--,.4 truly yours, -6( OP(7 _ Patri is oore PCM/bp encls . c: Mark Schwartz (via fax only) Mr . And Mrs . Michael Drews 11/08/2006 12:00 6317655x-" ZBA PAGE 03 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280(Zoning) Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY, NOVEMBER 30,2006: 10:50 A.M. MICHAEL and ROBIN DREWS#5929. Request for Variances under Section 280-116 and Section 280-124 (100-239.4B and 100-244 based on the Building Inspector's May 31, 2006 Notice of Disapproval), concerning a proposed new single-family dwelling, after demolition of the existing building,with setbacks proposed at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 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. Flies are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631)765-1809,or by email at: Linda,Kowalski( Town.Southold.ny-us. Dated: November 8,2006. ZONING BOARD OF APPEALS RUTH D.OLIVA, CHAIRWOMAN REVISIONS: J,;-" ZBA 06/02/06 //////://' NEIGHBOR'S HOUSE IS '' : S= /APROXIMATELY II'CLOSE 'i I AUG 2 O 2006 1 / TO BULKHEAD THAN liU l7 L O EXISTING HOUSE / S / (NOT DECKS) r\\\\ I w. jA (, `II 1HAY BAILS w/SDLTFENCING i --- - - - ^---J TO BE INSTALLED AROUND I l iff• ENTIRE WORK SITE PER CODE (STORM WATER EMENT) ^ � (I I (I I MUST BE MAINTAIN 0$REPLACED _.,_ _ - n • AS NEEDED UNTIL CONSTRUCTIONCJ PROJECT IS COMPLETED 11.'Li mr4 3 BO xEAB - y u 0 ,, �pp _ _ _ _ _ _ S 82°0'0"W 387 51' _ S. d 7' .-1 I i i i i i i i i 1 1 i_ , i i i 1 i i i i 1 1 i i i i i I i i I I i i I i i I I i - - N W 4I x� 6, ZS I ' - BonEO Lnrzs REPRESBrt O 7 N I a;l _ EXISTING BUILD.OUTLINE I ...(:)..,.... - _ °" in _- _ �-� :'' EXISTING DRIVEWAY _ _ fit, nAwsTo= ' -,, _ TO BE REMOVED 'I al �► \• 11111[IIlII \ _ -____,_ _ _``__ _ cr- v000/..... I gm ��" 7O 3' _ P/ W•AIX/ PROPOSED —` — `0'1.--- '4c/ Q 1.LI %` FROH BULrEGO TO EXISTING BL IL BIND II% OUGN/ GARAGE N tl, STEPS 'STEPB �� — �� O �3 IIIII I/ %������i 2 STORY - - = 154175' o Ct D I I FLAG PoLf _ I IL ROMEO — ti ►— O �B I I SO 8' - �J//�/ -_OP ooE — °DSI CL 0 ,..."1 za G — —I—FROHBULtFHFAO TBPROMEO LNG _, —/ rI 0 NEB — O !/1 F I 631'3' / I SIGOO� 7— _IFR ON Bu_Lxxw�TO E%ISTBIGOELK -- — _,_ //� 1 / NEW DRIVE WAY TANN ' C R '� I 73 - - - l'� , y e 1 CC -3 _FE4U BLM.E.0 0PE4EOSULDE[ / N BEAN ? WP I 0 '°' fin( `BA.P�� _ FA(}1014 PM N 82°0'0"E 403,88' SCTM 1000-118-04-02 PROPERTY 39032SQ FT / HOUSE DRAINAGE n HOUSE 2713 SQ FT (n ROOF AREAS.5402 SQ FT SCREENED PORCH 398 SQ FT 2 LOGGIA 285 SQ FT 0 8 z AT 100%WATER RUNOFF=902 LU FT. FRONT PORCH 132 SQ FT w _ • _ SIDE PORCH 61 SQ FT NEIGHBOR'S HOUSE IS/ PROVIDE ® STOOP 29 SQ FT APPROVED BY . 2APROXIMATELY O CLOS WALK THOUGH.168 SQ FT TE(STING HOUSEN / 4-81cDIA X 4'DEEP DRYWELLS (676'DIN X 8'DEEP DRYWELLS(676 LUUFT FT)' GARAGE FLUSH DECKS(400 SQ FT N - EXISTING HOUSE DT DECKS) BOARD OF TRUSTEES L �� TOTAL SQ FTG 5098 SQ FT Q ,a AUG 2 s 2006 SITE PLAN LOT COVERAGE 131% TOWN OF SOUTHOLD / 11 I_ 1 Q r, SCALE: 1 = 30 0 DATE 0/z'71 6 f :ir H/MS ) � /�/� 200606 a • SHEET NUMBER S4 ,..---------- -2------; PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 November 29, 2006 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: MICHAEL & ROBIN DREWS PROPERTY ADDRESS: 7425 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-118-4-2 Hearing Date: NOVEMBER 30, 2006 Dear Chairman: With reference to the above, enclosed please green certified mail receipt cards, including one returned to us as "unclaimed" together with Affidavit of Posting. Thank you. Ver , ruly yo PATRICIA/ )0 r . MOORE By Bet.4erkins, LA bp Encls . 1'1%11FMOL, Office Location: �i 0\0 co - Mailing Address: Town Annex/First Floor,North Fork Bank ; y 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 L=y, ��� �', Southold,NY 11971-0959 KI http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 November 15, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with' related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5929 (Drews) Action Requested: Bulkhead and Side Yard Setbacks Within 500 feet of: ( ) State or County Road ( X )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures APPEALS BOARD MEMBERS i�iif'Oc $�(/�, : Mailing Address: • Ruth D. Oliva, Chairwoman �• y,� yQ Southold Town Hall e ,`O !p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer JigSouthold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon 14, Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1��'OU ;ii‘• 54375 Main Road(at Youngs Avenue) ... .so's Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 July 24, 2006 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. 5929 (Drews) Dear Mark: We have received an application for a demolition and construction of a home within 75 feet of Little Peconic Bay, and shown on the enclosed site map. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: 461--QA-/ � �%ill• , le da 5-6)1'24 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other mimstenal permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-118-4-2 (brews) AGENT: Patricia C.Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals ❑_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 O. 41114 Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Michael &Robin Drews (b) Mailing address: 105 Hemlock Road, Short Hills,NJ 07078 (c) Telephone number: ( 973 )258-0372 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes, which state or federal agency: _ Town of Southold LWRP Consistency Assessment Form 2 . . 111 lb DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): The existing residence will be demolished and new dwelling constructed, this home can not be renovated because the foundation is inadequate. The house was constructed in the 1940's and was constructed as a summer home. The homes along Nassau Point are being reconstructed to comply with current building codes. The existing structures can not be retrofitted to meet today's construction standards in a cost effective manner. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): existing residence has no visual impact, new dwelling will be in keeping with the newly re-constructed homes along Nassau Point Road. Town of Southold LWRP Consistency Assessment Form 3 SO 00 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): the proposed dewelling will require compliance with NYSBuilding Code . Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): new dwelling will have gutters and drywells and new sanitary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies;Pages 22 through 32 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): no impact on ecosystem- construction taking place 71.3 feet landward of a bulkead. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 4 • PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 5 . . Se allo WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies;Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 6 OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalskina,Town.Southold.ny.us Jayne.Martin(ajTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7(0 — c(6, si3 MEMO TO: DATE: (I; oLoo RE: p //bolo 4, / c 0 143 / r ZONING BOARD OF APPEALa MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, November 30, 2006 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us; AND not later than November 15th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. 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 any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Than November 19: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. 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. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NoTk• H AIN (' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: � 'AME : DREWS #5929 MAP # : 118-4-2 APPEAL : Bulkhead & Side Yard Setbacks FEQUEST: New Dwelling (after demo) DATE : THURSDAY, Nov. 30 , 10 : 50 am If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 'ONING BOARD-TOWN OF SOUTHOLD 765- 1809 e c EP,/(' , \, 14)-farl? — t , , OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.KowalskiaTown.Southold.ny.us Janne.MartinATown.Southold.nv.us - Lucille.CappabiancaO.Town.Southold.nv.us http://southoldtown.northfork.net 76 (631) 5809 (ext. 5012, 5011) fax(631) 765-9064 0-44/t2--,4._a(eoL� / REPLY FORM DATE: 6/4-.G2,5-01.00 - TO: �ia!-LP G. /V�z0i "U g" - Fax# 766- 4 ZBAFile#51�y - ,1 1- ' t -._. Date of Buil ing Inspector Notice of Disapproval: 2p-ia as -2 o O - ( ) The application is incomplete for the reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery. Thank you. 5-( dare-4_ 6 -0?-0-6 (}The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated (o d -6 Lv directly to Z.A.pij the Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the a ended relief that is being added or revised in your request for variance(s). Thank you. 4 ie � @n&,� a-n e t4_- _ )L (*Missing information: /1 '2z �� y�ItItt coh-A4 B. 1,0,-4,1/21-0j 711) 7 it- 1°`°1r1-44 c'2 -11 ' / - 4-lel OTHER/INFORMATION REQUEST D (7 sets with cover/transmittal she- hen submittin• : ( ) Filing fee is $ ; Amount due (please mail): Amount paid was: . (>4 Available survey showing existing property/building details, with licensed surveyor information. \\ .awe rn of w&4ez✓a-aa-,-Qe (' L) Architectural map survey showing dimensions of existing and'propred new , construction areas,setbacks to property lines, and building lot coverage calculations, -/- ll ,oea`6t /nf /?) 4 0/? / -— (`f) Rough diagram or sketch with building height data (# of stories and distance�rom around to top ofrridge (and mean height, if known); ( elevation from all sides; ( ) landscaping in area of -el-instruction. �Q ( ` Letter- confirming--status--and- date- of-review--by other--involved agencies -f presubmissioir ` comments, or copy of up-to-date agency actiof // -yYi 7F/uc7ees wpm-- L ph L-145� ,coaifTen7ey,t- /lJJ A cis- tG ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section IM3D-44and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. (V) Wel ) diOk ,s C&A)D a /) A.„,-- -o—ria c ��\c,u, )14-1.1,e_i_ iy z...z:,i.. , A.,4_...e, id,L.a.i' '.14 ,9 o /a-P-1) its-J ) a) A4-.vii-c.0-o 1 P �� Lu�1C d�' n© :-/rn-�l1 �J *ate ,e uh r f s.ETs �t S hank you. `rl-f yes ct/eck -. - , Ills cars ib /1)ALL QUes/lan1S, (fin (3 .6,u,l` r P-4- 'A. Pse-d' 6064- a- eo( ' (APPPQL APPL 0.1.1a)`V eGK-Li ? s ). OFFICE OF ' - ' ZONING BOARD OF APPEALS- Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(c�Town.Southold.ny.us Jayne.Martin(a�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 763- - LW_3 MEMO TO: DATE: 81r7 /d RE: s p.9 1 to P / Atk_k_t_,,tx,e32_, ky"ea_ Lke, 216 14 i 3.4 4.z s 10 „� a. BF 99 29 _1.1ATCJ .. ,°° , s TT. 155 �H)yN SHORELINE/ e ,las �°� � � �„ t,•�-- BAY -- PECONI C GREAT - — HTWrtnt DIstrlct LIm —-H--- UNLESS DRAWN OTHERWISE, ALL PROPERTIES APE WITHIN THE FOLLOWING DISTRICTS NOTICE a��"u, COUNTY OF SUFFOLK © K TOWN 01 -- Refuse 003033 LAO —-R—- SCHOOL 15 SEWER A•'®�� ���".; '' 109 130 MAINTENANCE,ALTERATION,SALE OR ,:4 v,,,,,Real Property Tax Service Agency Y �CUTCHOCUE -- Wst°Nc0101strid❑m —HST-- FIRE 29 HYDRANT +4 W 3 uGHT 45 WATER DISTRIBUTION OF ANY PORTION OF THE xq T� w us HARBOR VLLACE "- amanco gatnct um—'a—,., SUFFOLK COUNTY TAR MAP IS PROHIBITED ''®'. .f, 3 County Center Riverhead,N Y 11901 Panic_ :90 - WASTEREFUSWATER ".,pt. .�'.�, SCALE IN FEET. M .,Wuski°isr D oOct•um=®� _, _aygULANCE - WASTEWATER ' WITHOUT WRITTEN PERMISSION OF THE •:,`�,.- .�s',y'�^,i%s ,-� `;1-; ••'_�•.-..` - H-',_ - -. .. - S REAL PROPERTY?TAX SERRICE:AGENCY.. -;gl$ ,..-, - =i^ - �� A 17< 06TRIC7 CREAT PECOIUG BAT ` " - . 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F // y .e �y (AF \ a Wry _ 93' If- \ / l FROM : MarkSchwartz,AIA-Architect PHONE NO. : 6317342110 Sep. 05 2005 07:34PM P1 1)a rvi 0n SPt1 'fie ��a ��'1 -dept � �t dS` e y r e dK �-Fite rre ir if net - §280.104. Exceptions and modifications. A. Established front yard setback Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district. B. Exceptions to lot depth requirements, The minimum lot depth at any point may be decreased to 75%of the minimum requirement if the average depth conforms to the minimum requirement. C Exceptions to yard requirements. ,� (1) Permitted obstructions. Cornices or cantilevered roofs may project not more than two C . feet into a required yard. Belt courses,windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over four feet in height may be erected anywhere on the lot, except as set forth in§280-106 herein - \ Paved terraces, steps and walks(other than such as are needed for access to the •"7- • �O , buildings on the lot)shall not project within 15 feet of a street line or four feet of a /!'ft 'f.,P '� property line. 47 <,S7' (2) Entries and porticos.A roofed-over but unenclosed projection in the nature of an entry or co portico, not more than six feet wide and extending not more than five feet out from the - front wall of the building,shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the N,. `r average setback, the presence of such entries and porticos shall be ignored- [Amended fid 7-13-1993 by L.L. No. 12.1993] (3) Permitted projections. In any district,chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two feet. In any .St , residential district,terraces or steps may project into any required yard +rovided that no part thereof is nearer than four feet to an lot line. [Amended 7-13-1993 by L.L. ido. 92- 1993 D. Height exceptions.The height limitations of this chapter shall not apply to: [Amended 11-12- 1997 by L,L.No.29-1997] (1) Spires, belfries,cupolas and domes not for human occupancy;and monuments, transmission towers,excluding telecommunication towers,chimneys, derricks, conveyors,flagpoles, radio towers, television towers and television aerials, provided that no television or radio aerial shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the aerial's height above the roof or other permanent structure to which it is attached. (2) Bulkheads,observation towers, monitors, fire towers, hose towers, cooling towers,water towers, grain elevators or other structures where a manufacturing process requires greater height but excluding wireless communication facilities, provided that any such structures that are located on any roof area that exceed in height the limits in the particular district shall not in the aggregate occupy more than 20%of the horizontal area of the roof and are set back one foot from the edge of the roof for each additional foot in height greater than the specified height (3) All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board. E. Retail sales in residential districts. Notwithstanding any other provision of this chapter, all premises located in any residential district and upon which retail sales are conducted shall be subject to site plan approval by the Planning Board, pursuant to the provisions of Article XXIV. p JF- 6 •!'ij t fili '..t); l'--6 sal---i.4 _ -17.0Wri, oUbotithold ZBA RP li 0 App. Name 0 Tax Ma 3/4 0 File No. i ;AD II Board Member Gerard P. Goehringer ;; I!, Unli• ste Search; ,, ' Hearing,Time; ;',,':- 212PM File Number 1i Tax Map!)17.7-7 i;App. Name: !brews, Michael and:Robin .' : . Feesla--7::' ;, ReceivedDate-FTWEE Tot . $400 00 HamletirEZIO-gi.77Type lia7iTenra17 Zone frt:7Date forward es&to Town Clerk, - 1----T, ; Status Fe; 7,Action] 3/4- Meeting Dates Building Dept I Location 7425 Nassau Point Road F :- Meeting Date 7"---1- ND Date r"--'./25/20061' ',i Short Demo existing and construct new single family ; HearingDate ND Data r----1 3/4 I!Desc.,_ :dwelling; 100-239B requires structures 75' from ' Hearing bate r----7 ND Date CopyltE; ;bulkhead; project shows 71'; also 100-25 requires ! : 1! ...........a , 1 Hearing Date r----1,ND Date 1-----1- ' 1.; ,. .--- - - - - - - Hearing Date rearing ND Date' 17-73 ' ;' .........,,, 1 i Notes ; Nearing:bate 1"----7'VD Date 3/4J Action Date: 1--7 ND Date J 6/19/2006 'I 1:37 pm: 1;tAit ;risillYMT I 15009*by tI*9*tili4d Townpita Pr_oceiii:9 Depaqment,