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HomeMy WebLinkAbout5980 APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. C h a 5_ Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOIJTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED JAN 2 5 2007 · ~. · FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 11, 2007 ZB File No. 5980 - Maggi-Meg Reed and Michael Schubert Property Location: 935 Private Road 3, East Marion CTM 21-1-2 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 applicant's 20,029 sq. ft. parcel is 52.25 feet by 350 ft with variables near the high water line of the Long Island Sound. The property is located at the end of a private right-of-way referred to as Private Road 3, which extends off the west side of Rocky Point Road. The property is improved with a single-family dwelling and an accessory frame shed as shown on survey prepared by Kenneth M. Woychuk, Land Surveyor dated 11/10/05. BASIS OF APPLICATION: Request for a Variance under Section 280-15 and 280-124, based on the Building Inspector's August 15, 2006 Notice of Disapproval concerning shed construction located as less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA #5708 issued June 9, 2005. 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. FINDINGS OF FACT The Zoning Board of Appeals held a public 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: AREA VARIANCE RELIEF REQUESTED: The applicants request a variance concerning the as- built addition to the existing accessory shed with a 32 feet setback instead of 35 feet from the front property line. Page 2 - January 11, 2007 ZB File No. 5980- Maggi-Meg Ree~l"&'Michael Schubert 'CTM No. 21-1-2 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 existing shed is located in the perceived front yard of an interior lot with no actual frontage on a road. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The storage shed has existed in this location for many years, and there is no apparent location on this lot that would be any more suitable to move the shed. 3. The variance granted herein is not substantial. The setbacks will remain the same with the recent addition located at 32 feet. 4. The difficulty has not been self-created. The shed has existed in this location for many years. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modest shed, 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 Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared 11/10/05 by Kenneth M. Woychuk and renovation plan (A-8) prepared 06/24/04 by Fairweather-Brown Design Associates Inc. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chair, j:~a~), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-/~,~ (,~ ~ ,~mes Diniz,o ~r.~n~// 1/oqw /2007 Approved for Filing ' S.C.T.M. NO, DISTRICT: 1000 SECTION: 21 c~o N/r OF MICHAEL SCHUB£RT & MAGCI-MEG REED BLOCK: I LOT(S): 2 · HOLE IN ROCK LAND N/F OF W£LLo ! AREA: 20,029.78 SO.FT. OR 0.46 ACRES $76'30'00"~ GRAD£ F. RAYMOND THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM F/ELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. ELEVA T/ON DA TUM: ......................... UNAUTHORIZED ALTERATION OR ADDITION TO TH~S SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YOI~K STATE EDUCATION LAW, COPIES OF TH/S SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT 8E CONSIDERED TO BE A VALID TRUE COPY, GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR V~HOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LIliES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE 5TRUC~TURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY STUDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: EAST MARION TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FiLE # 25--133 SCA[E: 1"=$0' DATE:NO~ 1 O, 2005 N. Y. S. ~C NO. 50227 CERTIFIED TO: MICHAEL SCHUBERT; MAGGI-MEG REED; KgNNgTH M. WOYCH~K L.S. Land Surveying and Design P.O. Box 3, Mattituck, New York, 1195;~ PHONB (e~l) e08-1688 FAX (031) ~08-1M8 malntaininf the records of Robert J. Henneooy LEGAL NOTICE SOUTHOLD 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: 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT #5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspector's August 15, 2006 Notice of Disapproval concerning shed construction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA #5708 issued June 9, 2005. Location of Property: 935 Private Rd #3, East Marion; CTM Parcel 1000-21-1-2. 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: 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 21st dayof December, 2006. Principal Clerk Sworn to before me this 2006 CHRtST,,,',~ VOLINBKI NOTARY PUBLIC-,'T?E ©~: NEW YORK NO. 0! Quotlfled ir' ;,,~ m~k County Commission ExF,rr~ ~-a~;ruar¥ 28, 2008 LEGALS... From page lOB SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 28, 2006 PUBLIC HEARINGS suant to Section 2~7 of the Town Law and ~hapter 280 (~oalng), Code of the Town of Southold, thc fogowing pubhc hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hag, 53095 Main Road, EO. Box 1179, Southald, New York 119714)959, on THURSDAY, DECEMBER 28;2006: 9:35 A.M. JOAN D. and HAROLD J. KIEFER g5960. Request for a Vati- anco 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-requfred 100 ft. minimum from top of bluff adjacent to the Long Island Sound, at 1115 Tercy Lane, Orient; CTM Parcel 1000-14-3-3. 9:40 AM. KEVIN and LESLEY MILOWSKI g5987. Request for a Vari- ance under Section 280-14, based on the Building Inspector's September 15, 2006 Notice of Disapproval concern- thg a propoaed addition to the existing single family dwelling at leas than the code-required minlmqm 60 fe~t from the front yard lot line, at 1371 Cox Neck Road, Mattituck; CrM 113-7-19.8. 9:45 A.M. LEE AND MARIE BE- NINATI g5946. Request for a Variance under Section 280-12~, based on the Building Inspector's June 30, 2006 No- tice of [Ymapproval concerning a pro- posed addition aud alterations to the existing ~ngle-family dwelIthg within 15 feet of the southerly side yard, at 855 Oakwood Drive, Southold; CTM Parcel # 904-17. 9:50 A.M. ALBERT AND BAR- BARA REIBLING g5988. 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 demotifion, for the reason that the new construc- tion was not written under Building Permit No. 32123-Z or u~der Variance granted under ZBA #5775 concerning additions to the existing dwelling. The new conatruction will constitute an in- cawue in tbe deare¢ of nonconfmmanc¢ located at less than 35 feet from the rear property gne and less than 75 feet to the bulkhead, at 75 Island View Drive, Greenport; CTM 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 280-1~, based on the Build- ing Inspector's August 15, 2006 Notice of Disapproval concerning shed con- struedon 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; CTM Par- 10:15 A.M. MARYANN MEARS, et al. #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- qulred minimum of 10 feet on a single side yard and 15 ft. minimum on the re- maining side yard, at 1050 Dean Dlive, Cutehogue; CFM Parcel 100~116-5-12. 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 Somadview Avenue and comer of I-~orton's Lane, Southold; CTMParcel 1000-54-7-1.3. 10:35 A.M. NO FO PROPERTIES LLC, MARK GORDON, ELLEE GORDON #5983. Request for a Vari- ance under Section 280-116, based on an application for a bfftiding 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 tbe top of the bluff adiacent to the Long Island Sound, at 1150 Northview Drive, Orient; CTM 1000-13-1-1. 10:40 A.M. MICHAEL L1EGEY #5979. Request for a Varlanee 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; Parcel 1000-64.-1-9.1. before the conclusion of each hear- ing. Each heating will not start earber than designated above. Fries are avail- able for review during regular busi- ness hours and p~or to the day of the heating ff you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: LL,~a. KowalsldL~irfown.sout hold.ny, us. Dated: December 14,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN 8154-1T 12/21 TO: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Maggi-Meg Reed & Michael Schubert 43 Sidney Place Brooklyn, NY 11201-4627 DATE: August 15, 2006 Please take notice that your foundation location dated November 10, 2005 For permit for additions and alterations to an existing accessory building at Location of property: 935 Private Road 3, East Marion, NY County Tax Map No. 1000 - Section 21 Block _1 Lot2 Is returned herewith and disapproved on the following grounds: The construction, on this 20,029 square foot parcel, in the R-40 District, is not pursuant to Article III Section 100-33C, which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." Principle buildingcsetbaek~per Article XXIV, Section 100-244 B., is 40 feet. The accessory garage is now noted as b~,~ 32 ~he front property line./'""~--- ~-, Applicant was issued a variance (5708)allowing for a front yard setbac~ of 35 feet. Subsequently, the building department issued a building Permit (#31292Z). Following receXtlX~af the reqait~d foUndation locat'to~"g~ii~,q-t~-~determined that the construction did not meet the requirements of the variance. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee: $ Filed By:. Date Assigned/Assignment No. OmceNotes: 0C,'L2 3 2006 .... ,,,c~r~ og APPE&I~SS 1 zONI~ ParcelLocation: HouseNo. ~-Street '"~"f~'v'a'Jf¢ ~Oa.~ ~ ~a,~- rHa. v,~t SCTM1000 Section 2I Block I Lot(s). I (WE) APPE~L T~IE WRITTEN DETERM~INATION OF T.HE BUILOI. NG INSPECTOR DATED: ~/I~']O~o for D~ml'~ ~ ~dd~'~ ~ &~ ~5~ aCceg$~ Mailing Authorized Representative: Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: ~Applican~/Owner(s) [] Authorized Representative [] Other: 1 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED I I ] I ~) FOR: B Building Permit Certificate of Occupancy [] Pre-Certificate of Occupancy ~Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinanc9 by numbers. Do not quote the code. Article ~ ~. / V Section 100- ~.t~t~ Subsection ~) Type of Appeal. An Appeal is made for: ~A Zoning or Zoning Map. -- Variance to the Code [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior a,,ppeal~has~ has not been made with respect to this property UNDER Appeal No.~70$ year,/-00~ .(for current and all prior owners ). REASONS FOR APPEAL (additional sheets may be used with applicant's signature): 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: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Does this variance involve as-built construction or activity? ( ) Yes, or ( ) 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. Chech this box ( ) IF .4 USE VARIANC~I~EI~G REQUESTED, ~dVD PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEEf.~lease be~ure/to consult your ~orney.) Signature of/~l~ellant ,, [ ~/ '~ 9 I ~F (Ag;hr must submif~ritte~Au.~ri~ation ~rom Owner) Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971-0959 October 20, 2006 To Whom It May Concern: We are writing to appeal the notice of disapproval and request a variance and certificate of occupancy for an as-built accessory structure - a utility shed. A variance for this structure was previously granted (5708), allowing for a front yard setback of approximately 35 feet, based on the architect's site location map of 4/12/05, and building permit #31292Z was issued. We note that the architect's drawings referred to an "approximate" distance of 35 feet. Apparently the measurement was not as precise as it should have been, and the subsequent "foundation location" survey determined the actual distance to be 32 feet. We note that the shed is the same size as drawn, and the 3-foot error in placement extends toward a large woodland scrub area and in no way offends or impacts any adjoining properties of the neighborhood. We stress that all the significant elements of the previously approved variance 5708 continue to apply. We ask for the understanding of the Board in settling this matter by granting the variance currently requested, and allowing the as-built utility shed to be given its Certificate of Occupancy. ely, 43 Sidney Place Brooklyn, NY 11201 Sworn to before me this -P-I 5{' dayof Oc~.v' ,20 t/~,. /(~tary~Public JOSEPH C. LIBRERA III Notary Public, State of New York No. 01U606452;I Qu~lil~d In Klng~ ~y ~ . ~/~:, : ~-~-~.4 TOWN OF SOUTHOLD RTYRECORD CARD : - . ..... , ACR~GE RES. S~a~ ~ Vl. FARM CO~. I'ND. CB. J ~'SC. Form Acre V~mueP,r ~cre Vomue y~ ' ~, ~ ~ Tillable, 3 Woodland Swampland B~Jushland FJ~use Plot Toro I 21,-1-2 1106 21.-1-2 1/06 If 21.-1-2 shed 1/06 ~1 ~22c~ trion Basement Ext. Wails Place Patio Driveway, Porch Porch Bath Floors Interior Finish Rooms 1st Floor Rooms 2nd Floor DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 15, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING 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 thc 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) Catherine Mesiano Inc./Beninati Kiefer, Joan Reed, Maggi-Meg NOFO Properties Mears, Mary Ann Meryl Kmmer/Reibling Peconic Building Solutions/Leigey 5946 5960 5980 5983 5984 5988 5979 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christopher S. Wrede Environmental Planner 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 I 2 3 4 5 G 7 8 9 I0 II 12 13 14 15 IG 17 K J M WINDOW' MICHAEL 5CHUDERT MAGGI-MEG REED RESIDENCE FIRE ROAD #3 EAST MARION, N.Y. RENOVATION DRAWING TITL~ 5MED P&INT DATE JUNER412004 JUNE 24, 200~ D C NO, A 03 I0 N 4 Office Location: o�. pGy Mailing Address: � 1 Town Annex/First Floor,North Fork Bank C Z 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 �! Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 01 January , 007 Ms. Maggi-Meg Reed - 43 Sidney Place Brooklyn, New York 11201 Re: ZBA Ref. 5980 —Variance Determination (Reed & Schubert) Dear Ms. Reed: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its January 11, 2007 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 COPY FOR Y011In FIELD INSPECTION REPORT I DATE COMMENTS ,t� FOUNDATION(1ST) H ------------------------------- FOUNDATION(2ND) z A o ROUGH FRAMING& PLUMBING �x INSULATION PER N.Y. STATE ENERGY CODE A FINAL VI ADDITIONAL COMMENTS 1 M1 m o ' ® H O z x H x e H ~APPEALS BOARD MEMBERS ��Jf SO(/ryO Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio, Jr. ® COQ Town Annex/First Floor,North Fork Bank Michael A. Simon OI,YCO� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 ^t U �, i' http://southoldtown.northfork.net w� BOARD OF APPEALS Jul A 20 TOWN OF S OUTHOLD COPY11 '�'�#Cd� Tel. (631)765-1509•Fax(631)765-9064 INFORMATION .T0\141 OF sOUCt;OI_Q FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 9, 2005 ZB Ref. 5708 - M. Schubert and M. Reed Property Location: 935 Private Road 3, East Marion CTM 21-1-2 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 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,020 sq. ft. parcel is 52.25 feet by 350 ft. with 75.14 feet along the ordinary high water mark of the Long Island Sound, and is located at the end of a private right-of-way referred to as Private Road 3, which extends off the west side of Rocky Point Road. The property is improved with a one-story frame dwelling (cottage), accessory shed, pump shelter, and deck, as shown on the survey prepared by Roderick VanTuyl & ,Son dated September 10, 1970, amended May 9, 1988. BASIS OF APPLICATION: Building Department's March 29, 2005 Notice of Disapproval, citing Section 100-33C in its denial of an application for a building permit to construct a proposed addition to an accessory shed. The reason stated for disapproving the application is the shed is less than 40 feet from the front yard lot line on this waterfront parcel. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 2, 2005 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 applicant wishes to add 8' x 11.3' to the existing shed. The existing shed is approximately 50 sq. ft. in size and is situated 14 feet from the east property line, 28'3" to the west property line, and 40 feet from the southerly 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 because the lot that this enlarged shed will be .. Page 2—June 9,2005 ZB Ref.5708-M.Reed and M.Schubert CTM ID: 21-1-2 constructed on is an interior location without actual road frontage, located in the perceived front yard. The shed will remain one-story and for storage purposes by the owners and their family. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than variances. The applicant is proposing to add on to a shed that has existed in the present locations for many years for the purpose of additional storage, and it would not be feasible to move the existing shed for the purpose of gaining extra storage area. 3: The variance granted herein is not substantial. The total amount of additional non-conforming area will be 55 sq. ft. 4. The difficulty has been self-created. It is logical to add to the existing shed in the proposed location because an addition on any other side of the shed would require relocating a driveway or cutting down a nearby tree. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional storage on their property, 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 and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the 04/12/05 site location map prepared by Fairweather-Brown Design Associates, Inc. with the condition that the shed be used only for storage purposes. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, and Dinizio. (Member Simon was absent.) This Resolution was duly adopted (4-0). G." ' a. (3 Q,f).tc Ruth D. Oliva, Chairwoman 6/e/05 Approved for Filing Sl�i.d RAF' I G ; , Or S(`t�TNOLD M� N� SO SS7°3aN y/Gly,31 CJ/�� a ff � BFgch I 0 I °o 0 m DECK 6� 1 . °�F STEPS 1 1 1 PARCEL 2 PARCEL I 1 1 �--500015,00T 1 I 72.7' �1 1 1 ` i 1 50G047'00'W pSGK , 21 .G' FAME 1 Cp�TPGE 1 V-U-50703000"E 22. P 1 1 504°21'00"W 1 . 26:7' EXISTING 1Q 0 ' " RAr SHED 0 u 28•,3 3 3� C� vD ARCy/l -( 1.BRO PGS br2 REED 5ES6 1 ` PROPOSED 1 ADDITION w `cr:;,� TO SHED a * 1�' 03/28/05 DISAPPROVAL � :�����W 1 EPUMPXISTING 7634 O� y OHOUSE y „ OF N�� v 52.25, 5 03 FAI RWEATH ER-DROWN SHED LOCATION DE5IG205 DAAYfAVES,fNC. GREENPORT, N.Y. 1 1944 5CALE: 1"=30' G3 1 -477-9752 (Fax) G3 1 -477-0973 GOP FOR SOUR - Ap FORM NO. 3 4 TOWN OF SOUTHOLD —y,ryil BUILDING DEPARTMENT d' V SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL, DATE: August 15, 2006 TO: Maggi-Meg Reed &Michael Schubert 43 Sidney Place Brooklyn,NY 11201-4627 Please take notice that your foundation location dated November 10, 2005 For permit for additions and alterations to an existing accessory building at Location of property: 935 Private Road 3, East Marion, NY County Tax Map No. 1000 - Section 21 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The construction on this 20,029 square foot parcel, in the R-40 District, is not pursuant to Article III Section 100-33C, which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." Principle building smockper Article XXIV Section 100-244 B. is 40 feet. The accessory garage is now noted as bein 32 fee from the front property line. - Applicant was issued a variance (5708) allowing for a front yard setback of 35 feet. Subsequently, the building_deparrt.lent issued a building permit(m31292Z). Following receipt of the required"foundation locat' s it was determined that the construction did not meet the requirements of the variance. 4_�,�Ault e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. S.C.T.M. NO. DISTRICT: 1000 SECTION: 21 BLOCK: 1 LOT(S):2 ss / Lo `�s• o 41 0 o w " o � 0 O s � tea'• �9j�` Ir o � O = - O z _ O ° � N O c� do rw �V6 CONC WALL (� 0 t8J' 18.2 ° ai WOOD DECK a! l --- — - �J 33.3' ti LAN OF ROOF ROOFOVER s.9' - I STY. FRAME X68,CONC MICHAEL SCHUBERT SLAB n DWELLING & MAGGI-MEG REED u 16.3' 33- c b p cd WOOD 23.4' t STEP O � O C CELLAR O ENT. e r LAND N/F �Vr lv OF QMDE F. RAYMOND DRILL HOLE FND IN ROCK COMMON Dit STE WOOD C 0\Rt 1 010.3 b m StON / m ' STE 7in 50' 'ROAD SFRAME SO 0 11 p 14.0' p M o r3 _ W WELL, X?V / j PIPE O X m S76"30'00"W X 52.25' THE WATER SUPPLY, WELLS AND CESSPOOL W c z LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS LAND N/F,OF 3 AND OR DATA OBTAINED FROM OTHERS AREA: 20,029.78 SQ.FT. OR 0.46 ACRES GRADE F. RAYMOND X ELEVATION DATUM- _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUE9URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EWDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY"OF: DESCRIBED PROPERTY CERTIFIED TO: MICHAEL SCHUBERT, MAP OF: MAGGI-MEG REED; FILED: SITUATED AT: EAST MARION TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK - Land Surveying and Design •'� P.O. Box 3, Mattituck, New York, 11952 PHONE (631) 298-1588 FAX (631) 298-1588 FILE # 25—133 SCALE: 1 "=30' DATE:NOS, 10, 2005 N. Y. S. LIC NO. 50227 maintaining the records of Robert J. Hennessy APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) -r I' fn, Applicant: I YI I c�6L e�iVL2y Ma q -Vyl ate Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge); $ .9 $ Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: 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: TV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your propertv ,7 5?,. 4. aCCCSSo✓ �r�ccG it✓� Proposed increase of building coverage: ® 5 Square footage of your'lot: U S Percentage of coverage of your lot by building area: 2 S V. Purpose of New Construction Requested: VI. Please describe the land contours (flat,slope%, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): X O Sc` vil—�'ca.,,t 1&Vv d GQ v�t-t V'S TIS t S WQ. iAA-&U1 �C�-P ttic r "" C^'_ b VUZA-U, v t's fi 1 _g�—v w e i-uit 2 , a c.�,{-t�L N s Id e cQ 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 s _ • ' , Vii.- - - . . • ,•.,,: � ¢,,,.ii ♦_ i� {� •i� s �; i i i���Ty, � tlts�..• 'i e �� ear I _skof t ' 140�,. - •�.._ ;`.. �. ,r. �� jai..`. .c`!•. �t � F•� � -, _ �_:'�S".:w. 9 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31292 Z Date JULY 19, 2005 Permission is hereby granted to : MICHAEL SCHUBERT 43 SIDNEY- PLACE BROOKLYN,NY 11201 for ADDITION TO AN EXISTING ACCESSORY BUILDING AS APPLIED FOR at premises located at 935 ROSENBURG RD EAST MARION County Tax Map No. 473889 Section 021 Block 0001 Lot No. 002 pursuant to application dated JULY "14 , 2005 and approved by the Building Inspector to expire, on JANUARY 19, 2007 _ Fee $ 75 . 00 Auth rj/zed Signature COPY Rev. 5/8/02 t I 4 APP OVED AS NOTED CoMpLy WrfH ALL CODES OF ZK STATE &TOWN CODES DATE: B.P.#Z422 ��W Yd REOUIRECi AND CD- MONS OF FEE: 22i� Y%t�_2 OTI BUILDING DEP RTMENT AT ����'���� 765-1802 SAM TO 4 PM FOR THE SQ�-�00 TDPJN PLMMVM FOLLOWING INSPECTIONS: UTHCGT�Ntdf�TP�65"iE 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE NY,$.DE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. CEFRTIFP AIM OF ALL CONSTRUCTION SHALL MEET THE NAUNG & CONNECnM REQUIREMENTS THE CODES OF NEW YORK STATE. N RESPONSIBLE FO DESIGN OR CON TRUCTION ERROR$.._.. [ EQ. mcup ' TRUC El.RAIM USE IS NLAWFUL WITHOU CERTIFICATE F OCC FANCY 51-oil C� W 39 C1 W raw .. �t SPROPERTY OWNER STREETVILLAGE DISTRICT SUB. LOT 'er, vak _:FORME OWr ERs�c,. N ACREAGE ✓ G{ R/ ,b'� art , , �0 yr D S W TYPE OF BUILDING YV - RES. SEA . a2=6- VL. FARM I comm. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKSa 7 'I / fo o o 9 �21 f - la ?69 io3,9Z - t Cefr� j€c c� G�' orfs � � �-�c�� � � —� GCC{HI t-! �—"S o v,e�w Fa;Cd�c •�.A� 7 1 ' E L'a kaeY E r? G COAID ,l �p , �S6,PRMAL BELO ABOVE ' 6�1 1 �. a Farm Acre Value Per Acre Value tillable 1 Itllable 2- 171? ) / — �c Tillable, 3 � -L � � yQ� �T 6.� 7L�► �� S�D� `�.��� Woodland 1 .2 L 12O Swampland .7 j B�lush land i HI use Plot Tota I ,7 Zs- I' ■■■■■■---■■■■■■■■■■■ 21.4-2 shed I6 .. • :. th Basement C/ Floors Extension • j Ju i ` Ext. Walls - • ExtensionExtensi ,Fire2s -. Porch j �•- Floor • ® dg Rooms 2nd Floor Patio �. :.,•, , 5 • � • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subj ect premises listed on the real estate market for sale? ❑ Yes No B. Are there any proposals to change or alter land contours? O Yes rv"No C. 1) Are there any areas that contain wetland grasses? o 2) Are the wetland areas shown on the map submitted with this application? 1✓S 3) Is the pr0 bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: VI U 0.G�'oyi re s wl re� ' ,n✓l VOya� �r✓L,,, D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nf 0 E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown ori the survey map that you are submitting? No KfL', (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? No If yes, please submit a copy of your building pernut 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? yG S If yes, please label the proximity of your lands on your map with this application wo IOoo— Se c_+,O- H. Please Inst present use or operations conducted at this parcel e— e ��' � w r� a Ce_eS S o✓ s��(�and proposed use Saws ��` u e a c c e S S o✓ t c C{u Y,e (examples: existing: single-family; proposed- same with garage) aS(C7 / Authornz ignature a d Da e l 2/05 c .v^ " " A ORANSACTIONAL DISCLOSURE F APPLICABLE T O O 1<`` ,3j F'' ' SFv;7 Yds WNER, 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 Town ofpossible conflicts of interest and allow it to take whatever action is necessary to avoid same. IM('0A(A 'c,(Au f,( avJ ,�,qe_0( (Last name, first name, middle initial, unless you are applying in the na e 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.) t Variance 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 b 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 em to ment b a co oration in which the Town officer or em to s ee owns more than 5% f the YES NO If you answered "YES'; complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe 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 Submitted this 2d` day 0c.16�f v- Z v(p Signa e: Print Name: PROJEC'r I.D.NUMBER . ' SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENYIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name i d 3.Project location: Municipality County I /l f r 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action. ( )NEW ( )EXPANSION ( )MODIFICATION/ALTE ION 6.Describe project briefly: f d r J d` 7.Amount of land affected: % r Initially: acres; Ultima ely./ acres / v 8.Will proposed action comply with existing o o er wds'ng land u"s restnctions:( )YES ( )NO If No,describe bnefly i / i 9.What is present land use in vicinity of project:(describe): ( )Residential ( )Industrial ( )Commercial ( )Agncultural ( )Park/Forest/Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local) ( )YES ( )NO If Yes,list agency 6)and permit/approvals- 11 Does any aspect of the action have d currently valid permit or approval? ( )YES ( )NO If Yes, list,agency(s)and permit/approvals- 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( )NO If Yes, list agency(s)and permit/approvals. 1 certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: Signature: /f the action Is in the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Town of Southold J: 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: 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 - a ) - I • )- The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ff Board of Trustees ❑ 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) —(cam Permit, approval, license,certi i ation: - Nature and extent of action: L C2V ^�I Gal 2 0 OCCcL GMC Location of action: (� PV'1 V6&e- GO a , I Site acreage: e q(0 6L V'e Present land use: Re,5i AtVlf1'a( Present zoning classification: P, -W G) 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: I V 1 I`- ad Sc"6 evt g A I -VWe e a (b) Mailing address: S�(,Q 0 (Gt u V-00 k1 yIyl Iv y ( (2L I (c) Telephone number: Area Code (d) Application number,if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No'V' If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community charaeter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes F-] No Not Applicable Attach additional sheets if necessary ----I olhcy . roec and preserve hi-sTo-ri`c and archaeo ogical resources -ofAR own 01 N Ou th old. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ---------- - - - - - ---------------- - -- ------------------ ------- - - -- -- - ❑ Yes ❑ No Not Applicable • Att1ch additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary 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 ❑ No P Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22-- through 32 for evaluaoion criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable 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 Attach additional sheets if necessary - - --- ------ ------------------ --- ------ -- - - - - -- ---- ----- WORKING COAST POLICIES ----- --- --- --------- ------ - --- - -- ----------------------- - - ------- ----------- - - - -- Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes-----No-®moo£App�ica�Ie- - ---------- - ----- ---- --- --- Attach additional sheets if necessary 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No IMA Not Applicable Attach additional sheets if necessary Policy ,13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III— Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 5/25/0511:20 AM SOUI�o ELIZABETH A. NEVILLE '`� l0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 N REGISTRAR OF VITAL STATISTICS G • aQ�r Southold New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERCOU '� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 25, 2006 RE: Zoning Appeal No. 5980 Transmitted herewith is Zoning Appeals No. 5980 of Michael Schubert& Maggi-Meg Reed- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a letter from the owners to the Z.B.A. requesting the variance, (3) color copies of photographs of the accessory structure, Questionnaire for Filing with the Z.B.A. Application, Applicant's Project Description, Transactional Disclosure Form,Notice of Disapproval dated: August 15, 2006, a copy of the Findings, Deliberations and Determination Meeting of June 9, 2005, LWRP Consistency Assessment Form, Town of Southold Property Record Card, a Survey of the property, and a drawing of the renovations on the accessory shed. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET S (Filing of Application and Check for Processing) DATE: 10/23/06 CHECK# AMOUNT TC DATE REMP ZBA# NAME RECEIVED 5980 Reed/Schubert 4492 $150.00 OCT 2 5 2005 Southold Town Clerk $150.00 TOTAL Town Of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/25/06 Receipt#: 4492 Transaction(s): Reference Subtotal 1 1 Application Fees 5980 $150.00 Check#* 4492 Total Paid: $150.00 Name: Schubert, Michael & Maggi-meg Reed 43 Sidney Place Brooklyn, NY 11201 Clerk ID: MICHELLE Internal ID 5980 I � c ,. Office Location: ®�► OG Mailing Address: Town Annex/First Floor,North Fork Bank y i 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 y ��� Southold,NY 11971-0959 viol � �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-4064 December 7, 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. 5980 (Reed/Schubert) Action Requested: Front Yard Setback Variance 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 OFFICE OF ZONING BOARD OFAPPEALS 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 hftp://southoldLtown.northfork.net Email: Linda.Kowalski a.Town Southold nhus Javne.Martin .Town Southold nyus (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: DATE: O O RE: Dec 26 06 02: 16p Sr!-••bert Reed 17188582390 p. 2 + y ) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------._.------------------- -X In the Matter of the Application of '�y , .AFFIDAVIT Y a ' –Vel �22�Q G �,�/!,t�Gt�a S OF SIGN V _ POSTING (Name o Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 2- 1 --F I —,;L -----_..-------------------------------—-------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, n C I`_V1'1 � residing at Lt 3 S 1: r1at e V ,New Yo being duly sworn, depose and say that: Z0U(o On the 10 day of..be-CeVIti.�1� , I personally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)— faeing 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 that date of the subject hearing date,which hearing date was shown to be r J ignature) Sworn to before me this 22 OkIlay of L ,200 K,'1MAL P.SONt ''Iotary PunKic. State Of NOW York N0.01 SO6089949 t_Ix (]ualif+ea in Kings county (Notary Public) Commission ExoKres marcn 31,2007 _ `near the entrance or driveway entrance of my property, as the area most visible to passersby. y�• i •1/' • • • •iYC•IaY(•A�I7�Ur/�G� , ■ Complete items 1,2,and 3.Also complete A. Sign tu4d , item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ecelveri am) C. Date ofDelivery ■ Attach this card to the back of the mailplece, or on the front if space permits. D. Is del(very address different from item 1? ❑Yes 1. Article Addressed to: KA If YES,enter delivery address below: ❑No J '6v1 V e --- 3. Service Type �� ('11A) 3. Mail 13 Express Mail / ❑Registered ❑Return Receipt for Merchandise /ilp 1p ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7006 2150 0003 6224_ 1487 (transfer from service labeq PS;Form 3811,February.2004 Domestic Return Receipt 102585-02-M-1540 UNrrED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS S �O Permit No.G-10 f •"Sender: Please print your name, address,and ZIP+4 in this box • ' �A K�Q �s 10 �tG� =:H :ii +iiF +i, i.��:. :i ail 1 I::FIIF1:E P F.•:Pi i. PFBPie }FIFE n. FF.:::•:i. is EFPF Fi.. .Pj Dec 26 06 02: 16p S ------,}bert Reed 171AR982390 p. 3 c": t r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------------4------------------X In the Matter of the Application of f AFFIDAVIT �aC�5` ' Y t'� � �.�2-r.� ��� �,tit'�a.Z( �G�it,ta,�e.✓-�` �p MAILINGS (Name of Applicants) CTM Parcel #1000- —2 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I,N 6dresidingat l 3 `7 d M J"l� D�tiG New York,being duly sworn,depose and say t, Onthe [ 2*day of -N-C`P- f4 Zo00( I personally mailed at the United States Post Office iny New York, by CERTIl�IED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owne s shown on the c rent assessment roll verified from the official records on file with the (JAAssessors,or( lounty Real Property Office &1,.k of V, , for every property which abuts and is across a public or private street,or vehicular right-of-way of record, surrounding the applicant's property, jij t� GtCt,tt�e� �-uen./vt � ��'� j''�rc,(.r.�t C tJv'►re S nvL.cC¢.ri.�Q, (Signature) Sworn to before me this ;:?� NWay of .b )200(0 KAMAL P. SONI Notary Punfic. State Of New York N0.01 SOB089949 Oual►ftea in Kings County (Notary Public) Commission Exoires Marcn 31.2007 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, 1, Dec 26 06 02: 16p E ibert Reed 17""' 82390 p. 4 r LEGAL NOTICE SOUTHOLD 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: 10:05 A.M. MAGGI-MEG REED and MICHAEL SCHUBERT#5980. Request for a Variance under Sections 280-15 and 280-124, based on the Building Inspector's August 15, 2006 Notice of Disapproval concerning shed construction located at less than the 35 ft. minimum front yard setback allowed under Building Permit No. 31292-Z dated July 19, 2005 and ZBA#5708 issued June 9,2005. Location of Property: 935 Private Rd#3, East Marion;CTM Parcel 1000-21-1-2. 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: Linda.Kowalski@Town.Southold.ny.us. Dated: December 4,2006. ZONING BOARD OF APPEALS RUTH D.OLIVA,CHAIRWOMAN Dec 26 06 02: 16p S----bent Reed 171-00582390 p. 5 i WOmesfic Mail,OnIY;No lnsurance Coverage Provided) .� BROOKLYN MPO BROOKLYN, New York Fitltf; 9-7646 3568680354 0088 ru Postage s $0.39 0354 12/12/2006 (718)855-0208 04:30_03_P--- --- --------- Certified ert red Fec $2.44 14 M Retum Rewot Fee Postinark Sales Receipt O (Endorsement Required) $1.95 Here Sale Unit Final _ Product Sale DeRvOry Fe0 Description Qty Price Price � TxdersemeetRequired) $0.00 39 Total Postage&Fees $ $4.64 12/12/2006 HUNTINGTON BEACH CA _13 Sent o 92646 First-Class QS2______ Ute► n a 0.80 OZ, o si s�Apt.M.:— _.f�M ---—�--• Rcpt Green $1 85 N orPoeo�rNa _ - — _ Return ( -~- --!� cey,L;rep +4' L_— .._..---.---•__-- Card) 82.40 t y Certified ea w Label M. 70062150000362241487 Issue PVI: ~$4.64 Total: $4.64 Paid by: $5.00 Cash -$0.36 Change Due: Bill#:1001200153275 Clerk:l4 All sales final on stamps and postage. Refunds m� y rou forguaranteed your business- Customer Customer COPY Dec 26 06 02: 16p S, ibert Reed 17)_: . .582390 p. 6 ,r December 7,2006 June Raymond Vallace(Tax Map#473889 21.4-3 &23) 8406 Dory Drive Huntington Beach,CA 92646 Via Certified Mail --W -100(0 ?-ITO 000-S &ZZ� 1 q q Lucille Viscardi(Tax Map#473889 21.4-13.2&26) 42 Sandpiper Lane Greenport,NY 11944 By Hand Kaye&Lloyd Kanev(Tax Map#473889 21.4-30.1) P.O.Box 601 East Marion,NY 11939 By Hand Dear June,Lucille,Kaye and Lloyd, This is in reference to our shed.The architect approximated the distance and was off by a couple of feet so we have to apply for a variance.Let us know if you have any questions. Happy holidays warmest regards, Maggi-Me d Michael Dec 26 06 02: 17p S batt Reed 171 "2"582390 p. 7 ,j ZONING BOARD OF APPEALS TOWN OF SOUTHOLD-NEW YORK In the Matter of the Application of Maggi-Meg Reed and Michael Schubert CTM Parcel#1000-21-1-2 a/k/a 935 Private Rd.#3,East Marion COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at �fD New York,herebyverify and state that on the i mber,2006,I personally received,by hand delivery from Maggi-Meg Reed,a true copy of the attached Legal Notice. Si e Dec 26 06 02: 17p S bert Reed 17`982390 p. 8 i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Maggi-Meg Reed and Michael Schubert CTM Parcel#1000-21-1-2 aWa 935 Private Rd_#3,East Marion COUNTY OF SUFFOLK) STATE OF NEW YORK) ° I Ll o J, l(:�Aresiding at aayz NA,,,,,,,,,_ \6:n -,New York,hereby verify and state that on the (" day of December,2006,I personally received,by hand delivery from Maggi-Meg Reed,a true copy of the attached Legal Notice. Signature Dec 26 06 02: 15p S bert Reed 17100582390 p. 1 C ? �T(. y C1� G �G J . t/1'j�( ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net November 28, 2006 Re: Town Code Chapter 58 - Public Notices for Thursday, December 28, 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 December 12th: 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 December 14t": 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 December 15th: 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 ,mere+ha treet er-roadway ate-ex r-a-sign is & atlable for--the-additional front-ya-r-d—Pl 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 Ends. Ni,,TIi. E uF HEARINo The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road ,, ,_Southold'.' . ' AME : Schubert/Reed #5980 PIAP #: 21 - 1 -2 APPEAL : Front Yard Setback REQUEST: As= Built Shed DATE : THURSDAY, NOV. 30 , 10 :05 AM If you are interested in this project, you may review the files) prior to the hearing during normal business days between 8 AM and 3 PM - I ONING BOARD -TOWN OF SOUTHO LD 7651mi809 Town' of Southdid I-BA --77- me No. nizio U* App:.-Name"', '07ax,�M6, 'CY�rile: SE RA :Foil -Bo&d,Member Un iste%� IV Search. L "_ "a� OtherHearing Time: 3:48 P P er.[C6�— 11 , Fileflumb Ta -1-2 �,Mi . :121. A00. Name: lReed and Schubert Received Date RD-TT(it. Fees: 150,00 "Ha'Haw ~NMS mlet warded,to Town Clerk lEast Marion 4Type .Residential Zone R-40 Date for et 'Build— "Dept: Status New K Action' Me ting; Building -ep ------------- Meeting Date .Location," 1935 Private Rd #3 ND Date /15/2006 of, Hearing Date ND!zDate ;5h ort ZBA #5708 variance allowed front yard setback Ibe'sc. 35' ft. Foundation survey shows shed constructed Heaihng,Date ND Date at 32' from front property line. 'Opy -- Hearing.Date ND Date ----------- Hearing Date ND"Date' Date iVotes -Hearihg,-E)ate i ND D Action,:"Date: ND Date, ' "Dw eldp I d outho 6 Dat�-,P'Eqr�s D6 fl-rP;4 P-o-FNu—I 77- e �y,the�` ""IdTow" 00 P -3 5.1 12 13"19'15 16 A AV los ISD 3 IN sl ly 1.1A(d is 9.2t, Lb rIj A, CS IM 0.S PO .2A in -,A 2S 21 2B I, A IP sxs 3.PkC) as SD,t / s9° ,USHEaN biND- 30 C 0, 1142. 14 13 1.4A 12 12A A OPEN SPACE 1.1A 11 1A 5 E" SUFFOLK COUNTY....Y 10 2 NATE CY 1.9A 1.2A AUTH01 ,xi 3 'Tii 1.0: -- 7 (S) 9' --- 4 1.2A3 mel h 1.3A 6 PEN SPACE FOR PCL.NO. 6 a 21A a -F- FOR PCL.NO 5 SEE SEC.No. 1.0A 2 2 31-01-0012SEE SEC.N0. e�,t at6 50-Dl-013 '%a 13 11341 5xa % 0 13 x 4 Is 1 3 MATCH LIN 2 SEE SEC.NO 030 I-L't No rill 6bck LNruf School District um — scH HI&Pri DIA11111 Hill H UNLESS ORAIN OTHERWISE, ALL PROPERTIES n Bb /Bldg No (21) 610ok N. H-.1.1110 Urs — F,—Imrkl L- P ARE WITHIN THE 1.1-1-CRINN. DISTRICTS NOTICE nss. SCHOOL 2 SE ER Wlp MAINTENANCE,ALTERATION,SALE ORyY —1. 11. CP,rty UrA, atir 011111I — W— tl,, HST FIRE' 26 HYDRANT -- Ll"District urs — L— A�.01,trIlt I.I. A LIGHT 4! IATER DISTRIBUTION OF ANY PORTION OF THE 12.1 AID) or 12.1A p P f PA K 65 REFUSE SUFFOLK COUNTY TAX MAP IS PROHIBITED A— 12.1 A(c) vNcal L- -District r. — st—ter D's"k,Ur,,—WN AMBULANCE WASTEWTT—EA WITHOUT WRITTEN PERMISSION OF THE S—C."'t U,. — MOSQUITO so REAL PROPERTY TAX SERVICE AGENCY 21