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Home My WebLink About5984 .~~~~~:j_=___U -tF PI f 'I ~ CJ).j" ~C!f s 13 PH Id-'jd-.r /0 fa A J 1,,/ en ';>. ill.. S __ .Ld-.. APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. Chairman Michael A. Simon Leslie Kanes Weisman . . Mailin2 Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY ] 1971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. northfork.net RECEIVED 00- ~ O:31"".m. JAN 2 5 2007 ~C7.If.-j,~. S&t:I!l~H{Tow\1 (fer' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 11, 2007 ZB File No. 5984 - MARYANN MEARS, et al. Property Location: 1050 Dean Drive, Cutchogue CTM Parcel 116-5-12 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 applicant's property consists of 15,241 square feet with 50 feet along the south side of Dean Drive. The property is improved with a single-story, one-family dwelling and accessory garage, as shown on the October 25, 2005 survey prepared by Stanley J. Isaksen. BASIS OF APPLICATION: Zoning Code Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining 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 December 15, 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. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: After referral of this application under Chapter 95, Waterfront Consistency Review of the Town of Southold Code, a Determination of Consistency was recommended by Mark Terry, LWRP Coordinator dated December 1, 2005, if an approval is granted, recommending the following conditions: 1) placement of hay bales during construction, (2) drywell installation for the poll water backwash and drywells to contain roof runoff. The Board of Appeals accepts this Letter of Consistency as part of this approval. FINDINGS OF FACT The Zoning Board of Appeals held a pubiic hearing on this application on December 28, 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: Page 2 - January 11, 2007 . ZB File No. 5984 - M. Mears, et al. elM No. 116-5-12 . AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a wraparound open deck as shown on the 9-14-2006 site plan prepared by Condon Engineering P.C., after demolition of existing wood step area. The new construction will replace a small porch structure and will be 1 '9" measured at the closest angle of the deck to the easterly side property line. 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 deck is a wrap around open deck which is proposed at a greater setback than the existing dwelling. This change will produce a result that is more in keeping with the surrounding summer houses in the area, nearly all of which have decks. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The lot is long and narrow, and the existing house was built at an angle to the lot line in order to take advantage of the water view. Building any usable deck on this house would require some type of variance. 3. The variance granted herein is not substantial when compared to the existing conditions enjoyed by many of the neighboring homes. 4. The difficulty has not been self-created and is due mostly because of the age of the existing house and position the previous own chose to place when building the dwelling on the lot 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 applicants have also submitted applications, and received permits from, the Board of Town Trustees and the New York State DEC. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new deck construction, 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 Chairman Dinizio, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 9-14-2006 site plan prepared by Condon Engineering, P.C. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. . Page 3 - January 11, 2007 . ZB File No. 5984 - M. Mears, et al. CTM No. 116-5-12 . The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Resolution was duly adopted (5-0). J es Dinizio Jr., Chair pproved for Filing Simon, and Weisman. This ilf., oS '~'T .~..(L:vb.,L________________j~ ;o~-o ~cvn /)-:, UV~ ) WcJ; "j u.<- 1fr1rf ~~" Py IJ-ja-<t (0 (", '{., 2;~si3 A j /1I!07 ~ , ~ x .; ~ ~ ~ < Q '0: ~ ," ~ , '" ~ < ~ '0: ~ ~ 5.5' ~ w ~ 0 ~ ~ > z 5.0' ~ 3 3 0 > 0 ~ 0 ~ 0 " ~ z " 0 ., m ~ Q ~ < , ~ ~ '" ~ 0 ~ .' ..... ~R(N1'~\GtI ", ~~~ G~ -. DRIVE D'f:i\N, "( 50.00' 1Q'22 00 " ' N ' _ _~ WCJOO\i\<JlEL6 '~ 1 I i.D \, I I' I I I I I I I > I I ~". 10 I ~ j..... 0.5 \... I I ~ I y ,_ \ '& I '>.l. 1'-' \ I' I i ~ \ " I I I I I \ )36-- ...- I / I I UTll.F1Y ',-_...J "'" . SURVEY OF DESC.D PROPERTY CUTCHOGUE. "'-O'WN OF SOUTHOLD SUFFOLK COUNTY, N.Y. . , , SURVEYED FOR: DAVID R. MEARS, PRESTON K. MEIRS, MARY ANN E. MEARS z o o ci <0 ui o rii 2.1' ~ TM# 1000-116-05-012 GUARANTEED TO: DAVID R. MEARS PRESTON K. MEARS MARY ANN E. MEARS o o '" o o o o:E. " rLEV,o,TJONS SHOWN IJEREON "'RE IN 1929 N(NO THIS ENTIRE PARCEL IS FOUND IN FLOOD ZONE AE-8 ON MAP NUMBER 36103COSOl G. EFfECTIVE DATE MAY 4, 199B. OW WillE ARU,SOFPElMOUSMATEIlIAl.-, l. STRUCTURES; HOlISE mCL EXlsn"iG DECK.. 1.004 SF GAAAGE... 4'6S( 2. PROPOSED DECK AREA. 4119SF. ~ ~ "'. TOTALARrASOfTH[AOOI'L. ......1.909SI El7.' z o j ~ o ~ ~ " Z PrRC(NT,tGEort,OTCOV(RAGEFOR,o.llSTRUCWRES, aOTH [XISlTNG AND PROPOSED.. ....11.5l1: A \~ N~SDEC N'!'l\()IIED ~ PER lERMS I ~om/~~'O!!$Z!/O(/tJtJ DA'lf....vi7 M' 2.2' (PROPOSED) , DISAPPROV At ~ 1.7' " DUNE EGE1A11'JE. I THIS AREA ~~9,) / - ~ /' / / ............ . . . WATER liNE THIS' D~TE: ..' ENT HIGH APp,!>,R ~ o o o ~ z NOTE: HIGH WATER WETLANDS LINE EQUALS TIDAL WETLANDS BOUNDARY, AS DETERMINED BY EN-CONSULTANTS, INC. ON OCT. 06. 2005. e-. N '-" o o , / c' / 6' ",~i 1'.'\C \,~CO\" m c r ^ ~ " o SURVEYED: 25 OCTOBER 2005 SCALE 1 "= 30' AREA = 15,241 S.F. OR 0.35 ACRES GUARANTEES 1NDICA.7CD HERE ON SHItU. RUN ONLyro~peRSONFOR~THt!;SURI'EY IS PREPARED, AND ON HJS IJEHAI..F TO mE T1TI.L CQro/PNiY, GOVSWMENrAL AOENCr; LENDtNtJ INSTI7lIT/ON, IF USTED HEREON AND TOTI'fEASSlGNEESOFTHEt.ENfJlNQlHSTTTUT/ON. <XWlANT'EES ARE NOT mANSFERAB/..E TO ADCJIT/ONALINSTmITIONSORSUBSECJUEIflOWNERS. SURVEYED BY STANLEY J, ISAKSEN. JR. P.O. BOX 294 NEW S FFOLK. N.Y. 631-7 4-5835 COPIESOFTf;lSSURVEYMAPNOTllEARJNG THELANDSURVEYORS I!MIJOSSED~ SHIlLL NOT BE CONSIDERED TO BE A VALID TRUE ,~ 1. SHOW PROPOSED DRYWELLS IN THREE LOCATIONS' DEC O~ UNAVnfORIZEDAL~T1ONORADDtTIONTOTHIS $URlofYfSAVIOUITIONOFSECT1ON72()(IOF THENEWYOJV(STATEEt'Jl)CA11ONLAK( .. .. LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 28, 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, DECEMBER 28.2006: 10:15 A.M. MARYANN MEARS, et al. #5984. Request for a Variance under Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining side yard, at 1050 Dean Drive, Cutchogue; CTM Parcel 1000-116-5-12. 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: Linda.Kowalski@Town.Southold.ny.us. Dated: December 4, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN . . #8154 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott 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 21 st day of December. 2006. (J~b Yd:t/ Principal Clerk Sworn to before me this 2006 a~ day of ^ U1J, (jfnrDhlJt UJ LvJL t CHRIS~II,lt\ \IOllNSKI NOTARY PUBLIC -: (!"[ OF NEW YORK No. (l1..\'CH':~ -t OfiOSO Qualified It ;;,"f~~,\l~ County Commission Ex~ ;r'~: I<KruorV 28, 2008 I-~~ r fdu;;. 12/;f- flI & LEGALS... From page 10B LEGAL NOTICE SOUmOLD TOWN ZONING BOARD OF APPEALS lHURSDAY, DECEMBER 28, 2006 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the. Town Hall, 53095 Main Road, P.o. Box 1179, Southold, New York 11971~0959,onTHURSDAY, DECEMBER 28, 2006: 9:35 A.M. JOAN D. and HAROLD J. KIEFER #5960. Request for a Vari- ance under Section 280-116, based on the Building Inspector's July 14, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code-required 100 ft. minimum from top of bluff adjacent to the Long Island Sound, at 1115Terry Lane, Orient; CTM Parcel 1000-14-3-3. 9:40 A.M. KEVIN and LESLEY MILOWSKl #5987. Request for a Vari- ance imder Section 280-14, based on the Building Inspector's September. 15, 2006 Notice of Disapproval concern- ing a proposed addition to the existing single family dwelling at less than the code-required minimum 60 feet from the front yard lot line, at 1371 Cox Neck Road, Mattitnck; CTM 113-7-19.8. 9:45 A.M. LEE AND MARIE BE- NINATI #5946. Request for a Variance under Section 280-124, based on the Building Inspector's June 30, 2006 No- tice of Disapproval concerning a pro- posed addition and alterations to the existing single-family dwelling within 15 feet of the southerly side yard, at 855 Oakwood Drive, Southo1d; CfM Parcel # 90-4-17. 9:50 A.M.. ALBERT AND BAR- BARA REIBLING #5988. Request for Variances under Sections 280.122 and 280-124, based on the Building Inspector's November 14, 2006 Notice of Disapproval concerning a proposed new dwelling, after recent demolition, for the reason that the new construc- tion was not written under Building Permit No. 32123.Z or under Variance granted under ZBA #5775 concerning additions to the existing dwelling. The new construction will constitute an in. crease in the deJl;J'ee of nonconfonnance located at less than 35 feet from the rear property line and less than 75 feet to the bulkhead, at 75 Island View Drive, Greenport; C'Thf Parcel 1000-57-2-32. 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT #5980. Request for a Variance under Sections 280-15 and 280-124, based on the Build- ing Inspector's August 15, 2006 Notice of Disapproval concerning shed con- struction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dat- ed July 19,2005 and ZBA #5708 issued June 9,2005. Location of Property: 935 Private Rd #3, East Marion; C'Thf Par- ceI1000-21-1-2. 10:15A.M. MARYANNMEARS,el a1. #5984. Request for a Variance un- der Section 280-14, based on the Build- ing Inspector's August 11,2006 Notice of Disapproval concerning a proposed deck addition at less than the code re- quired minimum of 10 feet on a single side yard and 15 ft. minimum on the re- maining side yard, at 1050 Dean Drive, Cutchogue; CfM Parcel 1000-116-5-12. 10:25 A.M. KATHLEEN BOWER #5981. Request for a Variance under Section 280-15, based on the Building Inspector's September 19, 2006 Notice of Disapproval concerning an as-built accessory shed located in a yard other than the code-required rear yard, at 12710 Soundview Avenue and corner of HoTton's Lane, Southold; CTM Parcel 1000-54-7-1.3. 10:35 A.M. NO FO PROPERTIES LLC, MARK GORDON, ELLIE GORDON #5983. Request for a Vari- ance under Section 280-116, based on an application for a building permit and the Building Inspector's August 21, 2006 Notice of Disapproval concerning pro- posed additions and alterations to the existing dwelling at less than 100 feet from the top of tbe bluff adjacent to the Long Island Sound, at 1150 Northview Drive, Orient; CfM 1000-13.1-1. 10:40 A.M. MICHAEL LIEGEY #5979. Request for a Variance under Section 280-15, based on the Building Inspector's February 15,2006 Notice of Disapproval, amended October 18,2006 concerning a proposed accessory garage in an area other than the code-required rear yard, at 105 Town Creek Lane, Southold; Parcell000~64.-1~9.1. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desirin~ to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness 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: Li.1'I.rla. Kowalski@Town.Southold.ny.us. Dated: December 14,2006. ZONING BOARD OF APPEALS RlITH D. OLIVA, CHAIRWOMAN 8154-jT 12/21 - e .-. J S<), I '{ ~ >..soo. ~ . . . "" ~ FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL ~~ tB j1\ . ... DATE: August 11,2006 J 'l~~' <4lll0 ? TO: M Mears & D Couse 903 Poplar Hill Rd. Baltimore, Md. 21210 Please take notice that your application dated August 2, 2006 For a permit for a deck addition to a single family dwelling, at Location of property: 1050 Dean Dr. Cutchogue, NY County Tax Map No. 1000 - Section 116 Block 5 Lot 12 Is returned herewith and disapproyed on the following grounds: The proposed addition to a single family dwelling on a non-conforming, 15.241 Sq. ft parcel. is not permitted pursuant to * Article XXIII Section 280-124 which states: " This section is intended to proyide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under *280-9, are nonconforming and haye not merged pursuant to *280-10." Such lots shall haye a minimum side yard setback of 10' & 25'. The survey indicates construction at a distance of approximately I' & 10.3 combined. ~CU- .~---AulIl~ignature * Date: 10/16/06 / APPLICATION T..SOUTHOLD TOWN ZONIN r ~J .f~r Office Use Only Fee: $ 'l..D D'- Filed By: 1 ~ / r ~(//'f" Date Assigned/Assignment No. <llt~ED NOV - 3 2006 'Of? Office Notes: ZONING BOARD 0 APPEALS Parcel Location: Honse No.I050 Street neon 1)r-i Ve.. Hamlet c'u..tC/hO% SCTM 1000 Section~BlockC Lot(s)--12 Lot Size . 3S" <!LCusZone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~bw-I"I"2.0C40r t'L pt"'-rmLf a. deck 1lLM,.+;un to a ~i'I'3j<>. -R<r'Y\I'~ dwell I~~ Applicant/Owner(s): ~.AY1rf.Meo..v's.'Da.w'~ r2.)vIea(~ }>t'f.S7:IYl k'.~,Y -'" ~1:M('Ol?~ Mailing Address:3()2, 'PO-ptlV t-4-il( ~ Telephone: 4{() - '-135- ZUS- &tf-i nw Ie) Mi1II.l; fa nd 2 I Z. (O Fax: tf I 0 - 'i- 3'3. - CJ z. 3 q NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, huilder, contract vendee, etc. Anthorized Representative: Address: Telephone: Fax: Please specify who yon wish correspondence to be mailed to, from tbe above listed names: }1f1\pplicant/Owner(s) 0 Antborized Representative DOtber: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED bin U5'.t::?. 2<::t)b FOR: ~ ~uilding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragrapb of Zoning Ordinance by numbers. Do not quote tlte code. Article V X' { I { Section 100- Subsection .;(110 I~,-\ Type of AJWeaI. An Appeal is made for: &"A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of tbe Town Code, Article Section o Reversal or Otber A prior appeal 0 has ~s not been made witb respect to tbis property UNDER Appeal No. _Year (for current and all prior owners). Name of Owners: M~ [),.wID e..y~.S "peal No. 'Paes ~,ti'AltS lttO/IIkS .p);l ce>OSC;:: REASONS FOR APPEAL (additional sheets mav be used with a/J/Jlicant's sil!nature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ""SE~ A:TT7'\C-l-teV (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: ~-c ,4-TrncHeD (3) The amount of relief requested is not substantial becanse: .seE -+i"'T1'tc...t-h5'D (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: .$Ete .4 Tfi'3C-HeD (5) Has the alleged difficulty been self-created? ( )Yes, or ()4No. Does this variance involve as-built construction or activity? ( ) Yes, or 0<) No. ~~ This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS ;!..I1.G QUEST AN P E AITAallW USE VA"ANeE SHEET, 0"=":7 "'0 "" "" , Signature 0 Appellant (Agent must bmit written Authorization from Owner) Sworn to,be~me mtJJ~ ~ 20~tr'O Vv0 l N~bt'ff :> II I ~~ .. .. Variance Appeal (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby homes if granted, because the change will produce a result that is more in keeping with the surrounding summer houses nearly all of which have decks and porches. The new deck will replace a smaller structure, which is poorly designed. When the bungalow was renovated in the 1960s sliding glass doors were installed across the front with the intention of installing a deck or porch across the front of the bungalow. A temporary set of steps was built which does not relate to the architecture of the bungalow. The new design will be an aesthetic enhancement. Doors will no longer open into space; the angles of the plan of the deck will echo the slope of the bungalow roof. In addition, the new deck will be pale grey. Overall the new design will be much more in keeping with the surroundings. The design of the deck works as well as is possible with all the site conditions. The lots run at an angle to the houses and the houses actually sit on or over the property lines. Over the years owners have accommodated one another as decks or other structures have been added. The eaves of our house overlap the property line of the owner to our east (McCallions) just as the eaves of the neighbor to the west (Taylors) of us overlap our property line. (See the enclosed photos). When the Taylors added their deck, we accommodated their need: the edge of their deck runs just inside their property line adjoining us. Our deck will actually diverge away from the property line to the east more than the Taylor deck diverges from our property line. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue other than an area variance because the deck design has been carefully considered in terms of esthetics and function. The deck has been designed to allow for egress from the sliding glass doors as intended when the bungalow was renovated. The family has long wanted to have the option of a deck as a place to sit and look at the water over the dune like our neighbors do. Because of the way the properties were developed almost one hundred years ago, we cannot build it straight out in front of the house so we have over several years considered many options and have arrived at a design that uses angles to respect property lines without compromising the purpose and aesthetic value of the deck. I have looked forward for many years to sitting on this deck early in the morning with a cup of coffee, feeling that the space we have created is elegant and peaceful and perfect for watching the sun rise. (3) The amount of relief requested is not substantial because it will allow us to be in alignment with the existing conditions enjoyed by our neighbors who were able to secure variances and building permits to build decks and, in some, cases to significantly enlarge the scale of their houses. There are numerous precedents in our neighborhood for far more substantial alterations than what we propose. Our bungalow is one of the only ones in the neighborhood that does not already have a deck, which in many cases, are close to or along property lines. Adding the deck will render our property more in keeping with those of our neighbors who have decks and/or porches overlooking the water. .. .. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it is an enhancement esthetically and to some very modest degree economically. It has the support of our immediate neighbors (see accompanying letters). Our proposal has been reviewed and approved by the Trustees and the DEe in regard to any adverse environmental impact. (5) The alleged difficulty has not been self-created because we were not alive nor were the current regulations extant when our bungalow was built and its placement relati ve to the property lines established. It is not possible to build a deck that achieves our goals without a variance in regard to proximity to the property lines. This is the minimum that is necessary, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. We have analyzed every possible approach to adding a deck to the bungalow, which will allow a clear view of the water, egress from doors (already existing at deck level), adequate space and an architecturally pleasing outcome. The family is very concerned about esthetics and does not want an esthetically compromised outcome. This is an intent, which dates back to the 1960s when the sliding doors were put in. It is perhaps the retirement years being upon us now that has made us want to fulfill this dream. /000 - //6 -5'-/.;< OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD - jA-7 VILLAGE DIST. SUB. , <:I ~~_?c-"r"", ~-"'-- 2.. ACR. ,3 TYPE OF BUILDING !JeXH- I E~ /1.t e.41r f Esi. VL S jJ~ /2c..-. E HJ. cCo//;,bfJ'1Wf; W - / Y ~'v-.{/Y'.rd4~/r- ^~ : ~/' .../ ~ES. J.... t 0 SEAS. /..- - D IMP. '860 /r o 0 2-/0 0 0-<::> -L-C <-<1 I FARM COMM. CB. MICS. TOTAL DATE REMARKS .2.J' 0 0 3~oc> J ~/ E BUILDING CONDITION NEW FARM NORMAL BELOW ABOVE Acre Value Per Acre Value Hause Plat -- -- FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD .;;D >" d.~ '" Tillable Woodland Meadowland . Total DOCK ..". ...... .."".., ~ . , M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O. B. Total ,',. .,~ , ".' 2)(/(" -:: /lSl'"" I ( )( ~ "- 0 ~~' ~ t,.. f..J f. o'/. If. . yO (, X f z..,. "? -;. 2X2..-/~/92:... "\ f'X f'" (,-/ f Z!'(, JA7 y 2-0 .' ,,/1fiJ/!) :z.:>D .1 5' () ~ /" 0 / ,,/ 'i ()/ ~ '1'01 ~ COLOR (AJ 1-/ lit: 1- ~ . Foundati on Basement Ext. Walls Fire Place ..; '" 0 I Type Roof Recreation Room p..i .2.. 0 Ii Dormer .6,~j - ~ ' . ./ u Ii<- I r.:t - J~ .' TRIM WH,- C \ ".. ~: C. 0 Ir-;"" /,,1;1" 11// ,.' . IW PIC!< S Bath U~Q6 D S! t; iJlJ 1'/ CJ tv 6, Floors Interior Finish Heat Rooms 1 st Floor Rooms 2nd Floor Driveway ;-'i - , -,., ...' _,':-:.c' {i..//c 1. t".. i..- r:. 11/ '" Dinette 1<. LR. DR. SR. FIN. B ~lsioJ"5 06-,0-96 1119-97 01-10-90 '1-2)'<'>0 05- 17-~9 0~'1-5-<'> 0' . y, ~ 00 05-26-0 '~1:;;%o ~~OO 0,-19'0 1~~.e~Ot 1-- ~- ~.. F E- l_--- t~ ~----------- ~ E f=- r -=-- ~~. ~~ [~- E- t- 1= 1= t::- L=- " l ',o,..-"orOlU"" E G E N D D,"o'" '''''''''0 0...,' \"""..~o to, l;"" ",'''',,''''" 'Ol'<<''''' " -:,7-- , , '" 1.81>.lcl U S1.DA ,., J.Jl>.lcl 10~N Of SOU1~OL[I PEGONICLAND1AUST 'CU'U"'''"0Nl,,("'-J1, ", CD COUNTY OF SLf"FOlK 'DrVELOP~ENT R03HTSI TOliN Of S,OUTHOLO ,., 2.6Ald " 'vHDEHNAfcR UWUi '. '. ,,' .. , 17.6Alcl ,.S 2.3A(cl , COUNTY or s,urrOlK or,rulPMf,,'RICH"", ,~ " ,., ~1.5A PECONIClANOTRUS,l ,co",rP'."'''j",,',EMO''; ... PECONICLANOTRUS,T 'nWH,'"~''' [,',[>if";) j 4 4 ," " 35.8A " ~ '" 15.4~ , 2.9Alcl .. , l.lA \ \ \ ,/ '../ SI../f"FOl~ '" , 2.6~lcl , 5.; S., 1.2A ''''0.' 3.1 ~ 1.8Alcl N ,.. ~ ~ z "- ~ U 1.3A ,.I^",~/' ,//./" /cUTCHOGUE- NEW ~UrFOLK PARKOlS1R1CT , --,'-..---,-.J o " S 1.2A 'H.O"[L'" GRf ~T J ~ <'t\ -+-- "'-bdly;'''''' I""' """,~Ioo """""'0.'" (21) ibt.U." ", t.oI ,,,.- ,."""""", I ".'CF,' on.." cPC WITH"" CD "".'.",;,,,, ',CH00L------.:l,L f',"(___------'-9,!~__.._ IIC"'_4'-.!"_ P'"'_.-..-----2L,'"------____ .~BU"IKl _____- '.fO[O ,'Dr,,, ul[" "[Fu,1 ."If ""o;>1"('l;<< ~"" No. H'>1"''''''''''' _",1_ .ot" ~"', (1 <Ie< D.."Olm.....I'o ''''''''''-';'''''''l'''--'-- " S-Ooiodlll..""or. Deed"'. 12.1A!dl or 12.1,1. CdcUot"'ArOO lZ.1Alc) ,,,,,t,l"" 1"",'''''' p,,,I>,','I,'l'" ."""',, 0;".'", L,,~ """""!.",,,,,, "lI>oOlloo ,,,..-11"""1'" ~" ?,","~- PERMIT NO. BUILD~ PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check\\> ? S; .0 0 Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: . . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/Southold/ Approved Disapproved ale pc, 'l/1I k , t ,20_ .20_ Examined Phone:~/II- Lf3..'5- :J.:U;S Expiration ,20_ Building Inspector . ',. , \ ( \, ~:/~;;h,~ APPLlCATI::s:::::~G PE:: ~ 1- 20 Db ,- 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 to the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for re oval or demolition as herein d cribed. The applicant agrees to comply with all applicable laws, ordinances, building code, ou' 'gcod tio s and to admit authorized inspectors on premises and in building for necessary inspections. ~ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder o u)),V/ i/1t{!uJarS ~5 UruV' Name of owner of premises ~JS re~f-vrt 1::. A{ea.() 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. To Plumbers License No. Electricians License No. Other Trade's License No. lYe i~,'-'/G1) ;::4-- I. Locati~ of land QR which pr~os~d work will be done: /6 <; () J"'x {t /1 JkZJ/--€:'. House Number Street &~:a'ue- H et County Tax Map No. 1000 Section / ! (., Subdivision 1I18'1~~~ ~~~ .&1 JqIl t"~ - - Lot / J--; Lot (Name) . . 2. State existing use and occupancy of premises and i a. Existing use and occupancy Cr).u b. Intended use and occupancy 4t"ck: l:h~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition t I oo1J 4. Estimated Cost 1'tJ/ Fee Addition Other Work ~ Alteration (Description) 5. If dwelling, number of dwelling units If garage, number of cars / (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specifY nature and extent of each type of use. /1/4 7. Dimensions of existing Structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear , 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front , 3S" aCreS-Rear Depth 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated 2. Does proposed construction violate an2ng law, ordinance or regulation? YES ~NO_ 3. Will lot be re-graded? YES _ NO_Will excess fill be removed from premises? YES_NO / 4. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 5 a. Is this property within 100 feet of a tidal wetland or a freshwater ~etland? *YES ~O _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS..MA Y BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES L NO_ " IF YES, D.E.e. PERMITS MAYBE REQUIRED. i. Provide survey, to scale, with accurate foundation plan and distances to property lines. l If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ATE OF NEW YORK) ~s)s: )UNTY'r~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, He is the (Contractor, Agent, Corporate Officer, etc.) ,aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; [ all statements contained in this application are true to the best of his knowledge and belief; and that the work will be formed in the manner set forth in the application filed therewi 3.rn '" Wo<, ill' '~ . hf 1:~,20M / Notary Public . . MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees RECEIVED DEe 4 2006 From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 1, 2005 ZON~~ OF APPEALS Re: Request for Wetland Permit for Mary Ann Mears SCTM# 116-5-12 DAVID, PRESTON & MARY MEARS AND THOMAS COUSE request a Wetland Permit to remove the existing wood steps; construct an attached wood deck and steps onto an existing one-story, one-family dwelling; and install drywells. Located: 1050 Dean Dr., Cutchogue. SCTM#116-5-12 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP with the following conditions: 1. Placement of h~~ales during construction. 2. Drywell for the 00' backwash and drywells to contain roof runoff. 'I. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. -Please contact me at (631) 765-1938 if you have any questions regarding the above. __ ____ f\~~;;' . \ (II'"" .__ 12/~ E': '"in,;: n ~ ,. I REC~I "f ~;;.~..# I DEe 2 0 2006 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING December 15,2006 Ms. Ruth Oliva, Chair Town of South old 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. Aoolicant(s) Municioal File Number(s) Catherine Mesiano Inc./Beninati Kiefer, Joan Reed, Maggi-Meg NOFO Properties Mears, Mary Ann Meryl Kramer/Reibling Peconic Building Solutions/Leigey 5946 5960 5980 5983 5984 5988 5979 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christooher S. Wrede Environmental Planner CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER (63" 853-4044