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HomeMy WebLinkAbout5989/7 'APPEALS BOARD MEMBERS. • Mailing Address: o~~Of SOpThol Southold Town Hall James Dinizio, Jr., Chairman ~ O 53095 Main Road • P.O. Box 1179 Gcrard P. Goehringer Ruth D. Oliva # # Southold, NY 11971-0959 Office Location: Michael A. Simon ~ ~ Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman lyC~~~ N~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southold[own. northfork. ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel. (631) 765-1809 • Fax (631) 765-9064 ~ ~ , ~ ~ ~ , m . FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2007 Southold Town Cicrk ZB File No. 5989 -William E. and Alice Lehmann Property Location: 725 Rabbit Lane, East Marion CTM 31-17-17 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 16,486 square feet parcel. has 104 feet along Rabbit Lane, East Marion, and is unimproved with the exception of two frame sheds and a stone driveway, shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005, revised July 26, 2006. The applicants' ownership of Lot 17 extends to the center of Rabbit Lane, as does the applicants' adjacent dwelling, situated on County Tax Map Parcel 31-18-16. Combined with applicant's house lot, the total area would increase to approximately 22, 786 square feet. BASIS OF APPLICATION: Request for a Variance under Section 280-13A (100-31A), based on an application for a building permit to build a garage, and the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property. CODE PROVISION: Zoning Section 280-13A (Use Regulations) authorizes construction of a one- family detached dwelling, not to exceed one dwelling on each lot. Section 280-13A does not authorize a garage as a permitted use without existence of a permitted principal use (dwelling). 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 January 9, 2007, stating 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 The applicants wish to build a garage without the need for building a new single-family dwelling. The Board's jurisidiction is limited to the use variance question, and the determination with conditions noted below, to authorize an accessory garage, without the need for a new dwelling. Page 2 -April 19, 2007 • - ZB File No. 5989 -William E. Alice Lehmann CTM No. 31-17-17 and 31-18-16 Recommendations were issued and transmitted to the Zoning Board of Appeals in a letter dated January 30, 2007, under the procedures provided in Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP). Grant of relief with conditions will substantially mitigate the setback concerns on this property because the applicant will not be constructing a sanitary system or asingle-family dwelling and agrees to file a Declaration of Covenants and Restrictions in perpetuity for this purpose. The garage will be an accessory use for the purposes of storing the owners' vehicles and personal items without living areas or plumbing or bathroom facilities. The distance between the garage and the road is approximately twice the distance than it would be from the wetland boundary, as shown on the applicant's survey dated July 26, 2006. The recommendation listed in the LWRP recommendation, to place the garage closer to the road, would require additional variance relief creating other nonconformities under Zoning Code Ch. 280. The new garage must comply with Trustee regulations and conditions or recommendations set forth in a Trustee permit. Many of the homes in the area are closer to the wetland boundary than the garage proposed in this application. The applicant has agreed to place covenants and restrictions to prohibit a dwelling on the property, in perpetuity, and this reduces the future impacts of other construction on this waterfront property. The conditions noted in the area variance determination below will mitigate many of the areas addressed in the LWRP recommendations, to the extent the Zoning Board of Appeals has jurisdiction in this application. For these reasons, the Board moves to grant the application as noted in the area variance determination below, resulting in a garage location as an accessory to the applicant's existing, adjacent single-family dwelling at a greater degree of conformity with the Zoning regulations, as well as the LWRP. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, 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 construct an accessory a 24'x30' garage on a conforming location on a lot that is construed to be vacant by the Building Department. 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 Zoning Code does not authorize construction of accessory structures on this parcel (except those receiving variance approval). In many situations, the Zoning Board of Appeals has denied variance requests for an accessory building on a vacant lot, treating those requests under the use variance standards, because the Code requires a single-family dwelling or other permitted principal building as the primary use. The applicant's request is unique in that the applicant owns two adjacent lots, one already improved with their private dwelling, and the other proposed for this garage instead of another dwelling. To build a garage on this side of Rabbit Lane will be similar to the character of the neighborhood which consists of small lots, with building(s) in similar locations. Page 3 -April 19, 2007 ~ • - ZB File No. 5989 -William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 After careful review of the record, the code states that accessory structures must be accessory to a principal building, or asingle-family dwelling. This variance is conditioned upon the applicant recording covenants to go with the land in perpetuity, restricting and merging the applicant's adjacent lands, resulting in a single parcel that with the applicant's house and the proposed garage. The property owner had no objection to these restrictions, and offered, through their attorney, to prepare and file a Declaration of Covenants and Restrictions and restricted deed, or other legal document, with the language approved by the Town Attorney's Office, and filed at the Office of the Suffolk County Clerk. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, is to voluntarily merge the parcel to the north, with the house parcel. This is a unique circumstance, since both lots are owned by the applicant and the land is divided by a private road, which is also owned by the applicants and will continue to provide vehicular access. Both the house lot on the Bay and the vacant lot on Marion Lake, are located near the end of this very narrow road, or right-of-way. 3. The variance granted herein is substantial. 4. The difficulty has been self-created, since the property had been kept as separate lots prior to this application requesting a variance. 5. No evidence has been submitted to suggest that the relief granted herein, in this residential community of narrow waterfront lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variance as requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage as an accessory to their adjacent single-family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor dated December 3, 2005 and Building Plans prepared by H. Dietz, Penny Lumber dated 6/23/06, subject to the following Conditions: 1) That the applicant's two lots be merged as one, in perpetuity, rather than two separate parcels. This merger will bring the accessory use of the proposed garage into conformity with its use incidental and accessory to the applicant's dwelling, without the need to construct a further single-family dwelling. This merger shall also allow other benefits gained and determined by the Building Inspector to meet the Zoning Code requirements as a single merged parcel (such as increased lot coverage of land which would be applied for a future building permit application for an accessory building or structure, such as a swimming pool, shed, garage) accessory and incidental to the owner's use adjacent (resulting from the larger lot). Page 4 -April 19, 2007 ~ • ZB File No. 5989 -William E. and Alice Lehmann CTM No. 31-17-17 and 31-18-16 2) The merger of the applicants' two lots shall not create interference over or within existing right-of-way or passage easement rights that others may have. 3) The Declaration of Covenants and Restrictions shall contain language approved by the Town Attorney, referring to the conditions set forth in the voluntary merger and set forth in this variance approval, and filed by the applicant with the Suffolk County Clerk, with a conformed (recorded) copies filed with the Town of Southold Zoning Board of Appeals, Building Department, and Assessors Departments for permanent recordkeeping. 4) Written notification shall be sent by both the Zoning Board of Appeals and the applicant's attorney, to the Town of Southold Assessors' Department, asking the Assessors to indicate on current and future property assessment cards for the northerly and southerly lot(s), as well as on their permanent database, that the premises are voluntarily merged into a single parcel, and noting these covenant and restrictions of record for permanent recordkeeping purposes That these ZBA conditions be written info the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, oehringer, Weisman. Nay: Member Simon. This Resolution was duly adopted (4-1 . es Dinizio Jr., Ch rman 5/ ~ /2007 Approved for Filing RECEIVED ~ .~9.Q,~. 1 IloP.m. Southold Town Clerk • ~ ~gUFFO(~-~, Office Location: ~N. QGy Mailing Address: Town Annex /Firs[ Floor, North Fork Bank H = 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ • ~ P.O. Box 1179 Southold, NY 11971 y Southold, NY 11971-0959 ~Q! # ~a http: //sou[holdtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 8, 2007 Charles R. Cuddy, Esq. P. O. Box 1547 Riverhead, New York 11901 Re: File No. 5989 -William E. and Alice Lehmann Dear Mr. Cuddy: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our April 19, 2007 Meeting. Before commencing construction activities, please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. You may want to furnish a supplemental copy of the enclosed when submitting additional documentation requested of the Building Department. I have also today furnished a copy of the enclosed decision to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski _ / Encl. Copy of Decision to: Building Department ~.?/~HLLAeE ~EC.e6E- 3 / /7 /l~.d rT ,LA, EAST /7 / ~?KiSSio-?%/o~ ~o~v5 i~'C~GT cS4~~.v.v..v64ao~- Qi{/ sEZ/o~.u~d fh°y TAi°eE•C. of ~/`lr/d - ~F} ~lc./1 /Y1 L1h - - Ate- ,~~P~~m ~s~ P~ ~ Ja ~ e,A 9 /o~ ~ ~ ~pg1~ / ~ moo, ~ F ti~~`~'~ ~ 335 ~ o ~ ~ ~1 /if X114 illlc~ ~ (~~'~~`"a°y~n //011 ,11~~ i° ~c'j~ nll~ i' ~ ~ ~ 1 ,20 \b /?V i ~ DSO s IVY// y~ irsr xo~ w. i P c~ $a.7 ~c~o, ~gf~SCS,~4~ ~s~ ,r~'Fg~ 44 qqC N 1 L ,W~{.. O' ~9 N q, T 3 ~ f 'L ~ ~ ~ mod. ~ti' 3e~ - Os ~~~Zyr7yro ~ ' t ~ d a TT b~h.yb ,t. v~' i ac. ` 40.. o .se ~{L}~. M1O <<~~]] 2 p i ~S ff ~y~ ~A~°`T 69~ry0 ~p ~q" e~''44'f~F ~ `4 ~*o. ~ O Opp. ~Td f~ ~ ~ °..9rr aG. ?'P'od I ~ 2 tG My1 o ~t 1~ 1. ~ b ~ bryti l ~ ]p Iy ~2i ~i~~N ~~J f ~ 1" Y 9~~~ ~A¢ ~ a~` LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JANUARY 25. 2007: 1:00 P.M. WILLIAM E. LEHMANN and ALICE LEHMANN #5989. Request for a Variance under Section 280-13A (100-31A), based on the Building Inspector's July 28, 2006 Notice of Disapproval which states that the proposed garage is not a permitted use on this vacant property located at 725 Rabbit Lane, East Marion; CTM 31.17-17. 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: January 2, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8172 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 11th day of nua 2007. l:"L~Y.u Principal Clerk Sworn to before me this Y ~ day of 2007 ~'ti~1~(~J7~~A~~--~)-~ 1, CHRISTINA VOLINSKI NOTARY'PUBLIC-STATE OF NEW YORK No. O 1-V061050b0 6lualifletl In Suffolk County Commisslon Expires february 28, 2008 / 'GAL. NOTICES 10:40 A.M. PH P and LINDA above,~veda$e traeca~t 1} Q. J, KERMANSHAHCHI#3986. Reyuest their CtC3'ttl§`aaurei~=€om \V ~ ~V' kU for a Variance under Section 290-14 If tbere`Sre nobtdldm~5wnhtn 300fe'F LEGAL NOTICE based on the Building Inspector's Oc of the ptopoaed facilrtystte a0 telecom SOUTHOLD TOWN tober 20, 2006 Notice of Disapproval munCCefipn tatters shah be curio de ZONBVG $OARD OF APPEALS concerning an as-built addition to [he by a~~'tiee"asrr~G;~ on, ~1 /1~~ THURSDAY, JANUARY 25,2007 single-family dwelling with a setback at thefabi3ity rtir$~LI dtfec'fisOns ' ~a+'F~ Ol`' /1 PUBLIC HEARINGS less than the code-required 60 feet from Property:9243 Maip Rd~d Hpst64$ai° NOTICE IS HEREBY GIVEN,pur- the front lot line, at 7213 Peconir Bay CI'M 31,9.11.31 comaqurtg 3 OSyaetes• suan[ [o Section 267 of the Town Law Boulevard, Laurel; CTM 126-10-1.2. The, Boazd of Appeals will hear a and Chapter 100 (Zoning), Code of the 1050 A.M. HENRY RUGGIERO personsor thew reptese¢ ~ r e Town of Southold, the following public - #3982. Request for a Variance under utty,to be heard of eaeb h ' d#< hearings will be .held by the SOUTH- Section 280-122, based on [he Building 'desrnng to subnut e i OLD TOWN ZONING BOARD OF Inspector's October 26, 2006 Notice b~fore 'dre wncluai~ ~e APPEALS at the Town Hall, 53095 of Disapproval concerning alterations ,in~, Each hosting will o[ r$t Main Road, P.O. Box 1179, Southold, and/oi reaons[ruction of an existing th designnfed above:w~ vaf - New York 11971-0959, on THURSDAY, sunroom, which will increase the degree abslor review Burin re ular bus JANUARY 25,2007: - of nonconformance when located less hess?(,57wts and~~*~ th 9:50 A,M. ROBERT and SUSAN than IS feet on a single side yard (ZBA ~ hearidg' If you )cave. g0es[iatta, pless SOMERVILLE #5993. Request fora Inteip[etation Na 3039 in the Walz ap ~ do. opt ;hgsitgte ;[o ,a9Rt,9at 8u~,pRff~ Variance under Section 280-S1A, based plication). Location of Property: 423 a[ (631)'7631809, roY"by emutl: Lf1'd: on [he Building Inspector's November Calves Neck Road, Southold; CCM 63 Kowalski@Tbwn.Southold.nyus 13, 2006 Notice of Disapproval; amend- 7-29.1. Dated: Iaauary 9,20071 ed January 3,2007,concernvtg proposed 11:03 A.M. WBRUCE and MARY ZQNiNCd BbAR)~pFAIs.R~'A additions and alterations to the existing ANN BOLLMAN #3680. Hearing JAMES D)NI~IO,7It., CIIAIILt.'~Pti single-family dwelling wi0r a front yaed reopened for purposes of receiving 54373 Main Road-(OHIae Loeatler setback of less than the. code-required documentation and testimony relative 53095 Main Road{MaIGngAdQ[~,5: 33 feet, a[ 595 Oakland Court and Shady [o LWRP Code Chapter 268 (Local 'h0. ~"o"x`~L' Lane, Southold; Cl'M 90-0-7. Waterfront Revitalization Law). This is Southold,NY119Z1-09`. 10:00 A.M. FIDCO.#3990. Request an application wncerning a request for .8172-1T'1/11- - for a special Exception, based upon Variances under Section 100-244, based Code SecGbns 280-48, B6 and B8, con- on [he Building Department's February', cerning a proposed conversion of the 3, 2003 Notice of Disapproval, concern- existing building to remeation facility ing an application for a building permit and (nonpro5t) meeting ha0; in this B- to substantially remove or demolish ex- General Buaineas Zone District. Loco- fisting dwelling, and to wnstmct a new [ion of Property: Fox Lane Building#98 single-family dwelling (1) al less than and Greenwood Road, Fishers Island; 10 feet on a single side, (2) at less than CI'M 12-15.1. 23 feet combined side yards, (3) with 10:15 A.M. SANDY GROUND lot coverage exceeding the code limita- LLC and S. PERRY #3992. Request tion of 20 percent, and (4) at lest than for a Variance under Section 280-18 to 73 fee[ from the bulkhead. Location reduce a lo[ to less than 40,000 square of Property: 1755 Trumxns PaOr, East feet in this R-40 Zone, based on the Marion; CTM 31-13-4. applicant's submission of an application 1:00 P.M. WILLIAM G LEHM- to the Southold Town Planning Board ANN and ALICE LEHMANN W5989. under the Subdivision Code (Chapter Request for a Variance under Section 240) for a lot Gne change. The pro- 280-13A (100-31A), based on the Build- posed lo[ Gne change will increase the ing Inspector's July 28, 2006 Notice of improved lot (Parcel 1) located in the Disapproval which states that the pro- Hamle[ Business Zone District from posed garage is no[ a permitted use on 10,498 square feet to 29,088 square feet this vacant property located a[ 723 Rab- (plus 3,226 square feet o[ area of flag bit Lane, East Marion; CI'M 31-17-17. and right-of-way to Parcel 2), and will 1:10 P.M. JOSLYH E. GULMI and reduce the residential (Parcel 2) from SUSAN BRAVER k3994. Request for 49,967 square feet to 21,891 square feet Variances under Sections 280-13 (for- (plus 3,238 square feet for right-of-way merly 100-33) and 280-103, based on the and3,228 square feet flagged area, also Building Inspector's December 11, 2006 within the boundary of the parcels). Lo- Notice of Disapproval concerning an as- . cation of Property: 37190 Main Road built swimming pool in a location other (B.R. 23) and private right-of-way ex- than the code-required rear yard and tending 244.19 feet from the east side fence height exceeding Che code height of Town Hazbor Lane, Southold; CTM limitation of four feet, at 250 Pine Tree 63-0-3 and 31. Court, Cutchogue; Parce198-1-7.11. 1020 A.M. ARTHUR AIELLO 1:15 P.M. EAST MARION FIRE #5993. Request for a Variance under DISTRICT &5972. Public Nearing re- section 280-122 (100-244), based on the opened for purposes o[ receiving testi- Building Inspectors June 16, 2006 No- moay relative to projected teleeomnm- tice of Disapproval concerning apro- nica[ions coverage for tower and amen- posed 16' by 20' accessory garage which nos at heights over 80 feet. A Variance increases the lot wverage over the under Section 280-69 (100-162A3, AS) wde limitation, a[ 613 Marlene Lane, is requeslyd, based on the Building Mattituck; CTM 143-3-26. Inspector's Jaly 25, 2006 Notice of Dis- - 10:30A.M. RUSSELL and FLOR- approval, for construction ofaproposed ENCE PELLICANO #5991. Request wireless wmmunication/Celeconununi- Co[ especial Hxception under Section .cations loweronproperty owned,leased 100-31B of [he Southold Town Zoning or otherwise controlled by a special dis- Code. The Applicants-owners request a trio approved by the commissioners of Bed and Breakfast use, incidental [o the the special district. The proposed tower owner's occupancy m [his single-fam- will exceed the code limitation -with a ily dwelling, for lodging and serving of height greater than 10 feet above [he breakfast to Vansient roomers, as an ac- . average height of buildings within 300 cessory use. Loca[iod of Property: 9680 fee[ of the facility, OR if there aze no North Bayview Road, Southold; CTM buildings within 300'feet, these facie- 79-8-13.1. ties shah not project higher than 10 fee[ ~ Ft~~~~F® 5~~~(~~~ CHARLES R. CUDDY NOV 2 1 2006 ATTORNEY AT LAW 9 445GRIFFINGAVENUE zoraits, ]Ok'n0 OF APPEALS RIVERHEAD,NEW YORK Nlash,,~ Addreaa: TEL: (631)369-8200 FO. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mai~: c~ar(ee.cuddy@verizon.net November 21, 2006 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, East Marion, NY SCTM#1000-31-17-17 Dear Board Members: In accordance with your notice of November 20, 2006, we are enclosing the following: 1. Six (6) additional copies of LWRP 2. Seven (7) copies of the fourth page of the diagram previously submitted showing the height measurement 3. Seven (7) survey showing the residential lot 4. One (1) set of building plans 5. A check in the sum of $250.00 representing an additional filing fee Please note that a use variance is not being requested because the lot is presently in use as an accessory lot and therefore we ask, in the alternative, for an interpretation that it is a lot permitting an accessory use and/or that an area variance is appropriate. Very~tru'lly yours, C~~ ~ ~ ~ Charles R. Cuddy CRC:ik Enclosures 4~ _ ~ 5~ FORM N0.3 TOWN OF SOUTHOLD BUILDING DEPARTFrrIENT SOUTHOLD,NY NOTICE OF DISAPROVAL Date: July 28, 2006 To: William Lehmann 26 White Birch Circle Miller Place, NY 11764 Please take notice that your application dated July 13, 2006 For construction of a gazage at Location of property at 725 Rabbit Lane, E. Marion, NY ` ` County Tax Map No. 1000- Section 31Block 17 Lot 17 Is returned herewith and disapproved on the following grounds: The proposed garage is not pemvtted on this vacant property, pursuant to Article XXVI, 100-31 A. "Pemutted Uses" An accessory garage is not a permitted use. Authonture CiWW( For Ojfice Use Only Fee: $ Filed By:~d~. (w~lf-e'" li Date Assigned/Assignment No. Otfice y Notes: ~l APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 7~5 StreetR,hh;r r.,.,P Hamlet F,~r M,r;OZi_ SCTM 1000 Section~LBlock1ZLot(s)_t ~ Lot Sizen _ ~~a,~ Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: .A,ly 7R 9n06 Owner as Applicant: William E. Lehmann Mailing Address: 26 White Birch Circle, Miller Place NY 11764 Telephone: (631) 398-5561 Fax: NOTE: If applicant is aot the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Charles R. Cuddy, Esq. Address: PO Box 1547, Riverhead, NY 11901 Telephone: (631) 369-8200 Fax: (631) 369-9080 Please specify who you wish correspondence to be mailed to, from the above listed names: ? Applicant/Owner(s) Authorized Representative ? Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED July 13, 2006 FOR: Building Permit ? Certificate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI Section 10031A Subsection Type of Appeal. An Appeal is made for: f~A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section ? Reversal or Other A prior appeal ? has ~ has not been made with respect to this property UNDER Appeal No. -Year gage 2 • • Owner: William E. Lehmann REASONS FOR APPEAL (additional sheets may be used with aoDlicant's sienature): 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: The neighborhood has garages constructed on similar lots, and an additional home will not be constructed. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The dwelling lot is small. (3) The amount of relief requested is not substantial because: A garage only is being placed on the lot. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The impact of a garage will be minimal as opposed to a home at the site. (5) Has the alleged difficulty been self-created? ()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. Check this boa ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) r Signature of Appellant or Authorized Agent (Agent must submit written Authoriza0on from Owner) Sworn to before me this ~ b day of Or~obel',20~. 1 LYn2 Notary Public ryypNA KODYNI NoI~NNo.l01K06088388 Ybtk Cep l~ ~~Ik~ NOV 2 1 2006 APPLICANT'S PROJECT DESCRIPTION 9~y ~ (For ZBA Reference) yOPlIHG BOARD of APPEALS Applicant: William E. Lehmann Date Prepared: October 26, 2006 I. For Demolition of Existing Building Areas Please describe aeeas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N A Dimensions of floor above second level: N A Height (from finished ground to top of ridge): N A Is basement or lowest floor azea being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A 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: y~ e Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing squaze footage of buildings on your property: N /A Proposed increase of building coverage: N /A Squazefootageofyourlot: 16.486.09 sq,,#t. Percentage of coverage of your lot by building azea: 57 V. Purpose of New Construction Requested: construction of a two-car QaraAe VI. Please describe the land contours (flat, slope etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): the land is basically flat 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 o _ ~ _ _ ` TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET Z~ VILLAGE DIST. SUB. LOT ,r R>~+O NERh f1'1QY1 N r:G'J~D'tfC ?tC(,~C,.~, E - M!`': 2sa , , W TYPE OF BUILDING S `mac fz, ~~~.~~~1, "a 1~~ RES. 3 I ~ SEAS. VL. FARM COMM. CB. MISC. .Value ` , LAND IMP. TOTAL DATE REMARK56 z7 ~ / 6 bne ~ C r ~ c~c. 6 Q~ y ~ R~ 3/3~ ~z tJc O© COQ II (o ~ I !S' / ' m a.m ~a i5 ~ c Q-/o ao BOO `REV I t}mo ~ 2smo 7 //o -L O ~2..F1 ~ Q U~t AGE BUI ING CONDI ~ ~C ? ~ 3 ~Pu ~.N? ~ Srec+V w~ aQ Q w_o ~ tJ o c G.Ak NEW NORMAL BELOW ABO E FARM Acre Value Per Value Acre 'liable 1 table 2 Tillable 3 Qt.uva ~ ((off - 1 0 Woodland ~ 1352 Swampland FRONTAGE ON WATER ~ ~j ~ " Brushland FRONTAGE ON ROAD House Plot DEPTH ~ ~V-E BULKHEAD Total DOCK .rte- , ` ~ ~~-i 7 7 ~ _ ~ u ~ u b q ...rw,w.o ~ V`s b Y r .u,w 11 W?'~ 0.u i - s~Q ,`1~ ; .aa.a ~n§ \ O \ I a 8 ~ ~ y ~U $ un< s ~ ~ l~ .y. 4 L , Y,.W~ A ' 9 1 . _ a ~M~ e 6 c~ s~ x ~ ,.r rc r iv \ pO. ..3 i „ ~ unix ' . 7 a., - i I c r ` ~ ~ :r'" r - 1,+ " ° Nom' ~ +'s' i ..rzn. °a. 3 lG r o ~ "'il ~ 3~- ~ u.u ..r`O ,F m,. ;:TM_R ~v ryy. ~ '~;,,oo a` a o ~3~ -~7 . im IAMB 13 ij. 2 t ~..w. , i, 10 .'.w". PJ~ v MARION LAKE ~•r~12 ~ 'm~~ ~ 9~ Q M1's t y ~ ~a ~ a ~5 a 4 / ar a J r.a. ' ~ ti ~9Y O v+`p O Q 'OS © VY QOC.+'' 0 ~ J ~ i .r. y, & ~ O Vic j• I' oo J ~ "~h / 'e ~ a v 's 18 d~ e ' S M J MARION LAKE ` sc..c , do `Eaa - Jai Va yg. ; © o ~YRT bqy ~ ~~Qy s ~ ` v. 4a, 9pf' VI I o 'b' " , b ..u z ~ 15 - - ,F , sw . > " oY Q'e'~ n rc sur . ou + .r,ua.m w,v ~ ~ 16~ ~ . , a rw 4! 5~ ~ i11P ~ ~,J ~ ~~~J ~ . izv w - Sl m.," o.,..a. s,.,a o,.. w OO " - _ F.. ~mr ce COUNTY OF SUFFOLK v " „ ua .o.M o. _ o-... _ A:u, ~ ~,E k ert is $e " sscnox xo SUUTHOL e ~ B ~ price ug ncy ..«..a : na~rto ~++h 4nrer a-vrna r ,vim a .,~,.a.,,...~s« a.. ~ o~ x 031 - a e,F,w ieoa _ _ ._,F., i - ~ TOWN CrF SOUTHOLD - BUILDING DEPAkT ~ T-r_ r i r ~ BUILDING PERMIT APPLICATION CHECKL,I TOWN $AI,•j, ~ ' ' ' ~ Do you have or need the following, before applyin SOUTHOLD, IV1' 1197 ~ i ~11~ ~ 3 Board of Health TEL: (631) 765-1802 - 4 sets of Building Plans 1 FAX: (631) 765-9502 L ~ ' ~ Planning Boazd approval www. northfork.net/Sou o ~ ~ ~ Survey Check Septic Form N.Y.S.D.E.C. Examined 20_ Trustees Approved 20 Contact: Disapproved a/c ~ Mail to: Expiration Phone:~L(~ ~ - 20 Building Inspector APPLICATION FOR BUILDING PERMIT Date 20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or azeas, 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 zonin g 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, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agtees?ko comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectio~~nps,. q ~ Q (Signature of applicant /oar n e, if a ccforporation) ~O ~~~~g ssofappligagU~ (/7 / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Ownl~.R Name of ownerofpremises ''~i1~lAN-t ANil ALtc~ ~LE>1n~q!\lN If applicant is a corporation, signature of duly authorized officer roll or latest deed) IV/~ (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 7 z.5 RA3f31T L_/1Nt CAS'(' P'LARIUN ltgza douse Number Street ' Hamlet County Tax Map No. 1000 Section 31 . Block ~ ~ ~ Subdivision - LotLo__.;t f Filed Map No. (Namel ~ State existing use anti occupancy ur prcruincs aiiu uucuu~u .....,..r».-..~ Y-~r-- • - a. Existing use and occupancy V pt C 14 N T LOT ' _ b. Intended use and occupancy 2 C /tR G A R A G-E Nature of work (check which applicable): New Building ~ Addition Alteration Repair Removal Demolition Other Work (Description) Estimated Cost Fee (To be paid on filing this application) If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rear DeP~ Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear T Depth Height Number of Stories Dimensions of entire new construction: Front Rear Depth Height Number of Stories Size of lot: Front Rear Depth .0~Date of Purchase Name of Former Owner Zone or use district in which premises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO l3. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES_ NO W.~N~r,~+ ~ gUGE 26 WKtTE g tRCH CIQ 14. Names of Owner of premises LE H MA N N Address P1,t1 ce PL, ~ I ~ 64 Phone No. 3 l - 33 I - ~ o oq Name of Architect PENN LLt?~t6t=R AddressS~ni~R9 GReE~PaeTPhoneNo 4}} - yz}-yU Name of Contractor T L•i~ Address Phone No. I S a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ? NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS IyIAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES t/ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distarices to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF~). i) ~ i 11 M ~ ~--G N I"1 /1 N ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~ w (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw r;~o before me this day of _ 2~ Not ublic Signature of Applicant MELANIE DOROSKI NOTARY PUBLIC, State of NewYoAt Na.01D04634870 Oualilietl In Suffolk County 1 Cormussion Expires September 0~ o~rnn_,~~J - CHARLES R. CUDDY 4 SGRIFFINGAVENL~iE RIVERHEAD,NEW YORK Mania .Address: TEL: (631)369-$200 P.O. Box 1642 FAX: (631)369-9050 Riverltead, NY 11901 E-mail: elrarles.cuddy [{vexizon.net Apri12, 2007 Southold Town Zoning Boazd of Appeals APR 4 2007 P.O. Box 1179 ~ ~d' Southold, NY 11971 `~d~E~W~ Attn: Linda Kowalski Re: William E. Lehmann and Alice Lehmann-Rabbit Lane, East Marion SCTM#1000-31-17-17 Dear Ms. Kowalski: This is to confirm my conversation with the Town Attorney, Kiernan Corcoran, who requested that I forward this letter to you. The applicant agrees that as a condition of approval the Certificate of Occupancy for the garage to be constructed on tax lot #17 will include the notation "no dwelling is to be constructed at this site." This should resolve the question as to whether a purchaser will have actual notice. However, I also believe the recorded Covenants will have that effect. In addition the Town Assessor, Robert Scott, has advised that a similaz notice will be entered on the assessment cards and in the real property tax system. Would you kindly bring this letter to the attention of the Board. Very truly yours, Charles R. Cuddy CRC:ik N~ es -1~~ _ PATRICIA A. FINNEGAN O~ SQU~, SCOTT A. RUSSELL _ TOWN ATTORNEY ~r y0 Supervisor patricia.finnegan@town.southold.ny.us ~0 l~ KIERAN M. CORCORAN ~ * Town F3a11 Annex, 54375 Route 25 ~ P.O. Box 1179 ASSISTANT TOWN ATTORNEY ~ • ~ Southold, New York 11971-0959 kieran.corcoran@town.southold.ny.us ~ LORI HULSE MONTEFUSCO OlyCOU~ Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile (631) 76b-6639 lori.montefusco@town. southold.ny.us ~P~' OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD / MEMORANDUM To: Michael Verity, Building Department Head From: Kieran M. Corcoran, Esq. Assistant Town Attorney Date: August 3, 2007 Subject: William & Alice Lehman 785 Rabbit Lane, East Marion, NY SCTM #1000-31-17-16 & 17 This Memorandum will reflect my conversation with the full Zoning Board of Appeals yesterday, August 2, 2007, concerning the referenced building permit application and the Zoning Board decision dated May 8, 2007 relating thereto. In such conversation, the Board unanimously agreed, and asked me to convey to you, that the condition of voluntary merger of the two subject parcels shall be and is satisfied by the filing of covenants and restrictions and notation by the Assessors of such voluntary merger on their official records. I have already approved the covenants and restrictions, which I understand have been filed. I have also spoken to Bob Scott. Mr. Scott has told me his office indicated on the applicable assessment cards and databases that the premises are voluntarily merged into a single parcel and make reference to the covenants and restrictions. Please note that any certificate of occupancy issued shall also make reference to the ZBA conditions imposed by the May 8, 2007 decision. As a result, it appears the condition of voluntary merger has been satisfied, as confirmed by the Board. If you have any further questions, please do not hesitate to contact me. KMC/Ik cc: Zoning Board of Appeals Mr. Robert Scott, Assessor c. ~a y/o ~ O/~ COVENANT THIS COVENANT ,made this day of , 2007, by Williazn E. Lehmann and Alice Lehmann, having a mailing address at 26 White Birch Circle, Miller Place, New York 11764 hereinafter referred to as the "Owners" or "Declarants": WITNESSETH: WHEREAS, the undersigned aze the owners of 2 lots at Rabbit Lane in East Marion, identified on the SCTM#1000-31-17-17 and 1000-31-18-16 WHEREAS, the lots would be contiguous except fora 10 foot wide right of way known as Rabbit Lane and; WHEREAS, the Town of Southold Zoning Boazd of Appeals has previously recognized an accessory use on the lot identified on SCTM#1000-31-17-17 and; WHEREAS, the above tax lot #17 is used for the pazking of vehicles, storage of gazdening equipments and includes recreational uses and; WHEREAS, the owners wish to erect a 2-car garage on the tax lot #17 and have agreed not to treat it as a separate lot and to use it solely as accessory to their home and; WHEREAS, the owners are willing to agree that no dwelling shall be erected or placed on the above lot and; WHEREAS, this sterilization of the lot for dwelling purposes will reduce the density of the neighborhood in which the lot is located; NOW, THEREFORE, for and in consideration of being permitted by the Town of Southold to construct a garage of 30' X 24' on lot 17 William E. Lehmazm and Alice Lehmann agree for themselves, their successors and assigns that no dwelling shall be erected or placed on lot 17. 1. The owners further agree that lots 16 and 17 shall be sold or transferred together and that neither may be transferred or sold without the other. 2. The owners further agree that this covenant shall bind themselves, their successors and assigns and all persons or entities claiming under or from them and that this covenant shall run with the land. 3. This covenant shall be enforceable by the Town of Southold by injunctive relief or by any other remedy in equity or at law. -1- • • 4. Declazants shall record this covenant in the land records of the Office of the Clerk of the County of Suffolk, State of New York. 5. The within Covenant is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a pazt hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declazation the day and year first above written. William E. Lehmann Alice Lehmann STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of , 2007, before me, the undersigned, personally appeazed WILLIAM E. LEHMANN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of , 2007, before me, the undersigned, personally appeazed ALICE LEHMANN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -2- 5 -rR~ J - lcW/~ ~ ~i •'76~~ MAILING ADDRESS: PI:ANNING BOARD MEMBERS ~~F SU(/TG P.O. Box 1179 JERILYN B. WOODHOUSE ,JOIE Southold, NY 11971 1 tVt?I.~ Chair OFFICE LOCATION: \11~ KENNETH L. EDWARDS y ~ Town Hall Annex ~1.~+ MARTIN H. SIDOR ~ ~ OQ 54375 State Route 25 GEORGE D. SOLOMON Q~ ~ (cor. Main Rd. & Younge Ave.) JOSEPH L. TOWNSEND ~CQUn 11 Southold, NY Telephone: 631 765-1938 Fax: 631 705-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD - E - - I To: James Dinizio, Chair 1 JAN 3 Town of Southold Zoning Board of Appeals j 1 2~~] From: Mark Terry, Principal Planner { LWRP Coordinator - ! Date: January 30, 2007 . Re: ZBA File No. 5989 (Lehman) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this departrnent, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Pro[ec[ and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for a[I Andros Patent and other lands under their jurisdiction 1. Comply with Tmstee regulations and recommendations as set forth in Tmstee permit conditions. The proposed distance from the 2araee to the wetland boundary is 70 feet; a minimum setback distance of 100 feet is required pursuant to Chapter & 275-3. Findin¢s: purpose; jurisdiction; setbacks. The Board of Trustees should require that the applicant amend the application to meet the above policy [o [he ereatest extent practical. B. Comply with statutory and regulatory requirements of the State's wetland laws. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. This determination of inconsistency is recommended only as it relates to the Chapter 275 of the Town of Southold Town Code; which is administered by the Boazd of Trustees. Cc: Town of Southold Board of Trustees `COUNTY OF SUFFOLK =-,-.--~'0 ~ 4.,.. ,PN,1 ~p0~ ` STEVE LEVY N,~f" SUFFOLK COUNTY EXECUTIVE , , kd DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING January 9, 2007 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s~ Ruggiero, Henry 5982 Lehmann, William 5989 FIDCO 5990 Perry, Saundra 5992 Somerville, Rober[ 5993 Gu1mi,Joseph 5994 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christonher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.-4TH FLOOR . P. O. BOX 6100 (631J 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 J 853-4044 - ~ _ + - ~J~` / - ' SURVEY OF PROPERTY . A`h" p6 % IF~T HOLE_DATA SITUATED AT ~ ,~o°`' ~ ~ ~ ~ ,T~s, HY Mytz~~iu o~ A~~~s, 2A. 2D~J) EAST MARION ~ / ~ •3 ~ TOWN OF SOUTHOID R10 ~ ,1>z ~ A ~ SUFFOLK COUNTY, NEW YORK ` ~El ~ r~/ /L'~'- Jx'~~~ ~s uixco uxe x Eo"x ~Lv11L" ~ S.C. TAX No. 1000-31-17-17 W P Y r~~a'z~ ~ ~ A k~ _,s SCALE t"=30~ ~ / d' ~ : t. ~ ~ YG i REns~: BROWN s"NOr „ur a SEPTEMBER 23, 2003 / y f ,1__ a o''. TS JULY 13. 2006 ADDED PROPOSED GARAGE bO~ 1y~ ~ ~ psi lS:r 02i ~ wnTER iN cRLVis~, aROwN vNO~ cur ci. JULY 2fi, 2006 ADDED CLEARING k GROUND DISTURBANCE LINE G G~ Gm (~/~+`L eJ ~ ,.o Y^ tic o ~ AREA = 16,486.09 Sq. ft. ~ •JO ~ ~ i~ ,p~1 - (TO TIE LINE) 0.376 ac. ~ fff i O v / A1~L~ r ~-T MAILH iN P"LE BROwM EiN~ ~ ~ ~ 1c coARSe s"xc sw ~ ~ 'O, X40 ~ _ V ~~.2. ~ ' 9 \~J. ~~AC, ~ ~`i TC, 7T. V ~ °Ay ~ _ 1 1 ~ \ -~e f w"j ~ b J e} ES~E° ~`a S NOTES. X ~p O~ ~ ~ ' 3 C ~ ,pJ L ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929, OATUN ~ ~,~o ~ ~'J~" ~~7 E%ISTING ELEVATIONS ARE SHOWN THUS ~ ~ 'F .b \ 2. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD ~~r~'Pr 92~~.L ~ r~HjP' pa~ OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS o i` G per`' ~ o.( ~s G .Ee.~ it a a} doe ~ \ ~ } ~i ~P ~ ~ YV~'~° 3. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIPICATION $ J, ~ D, ~t >20 ~ o ~ yL~;~ BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. k ~ ~ A "o~~ a 4. THIS PROPERTY IS IN FLOOD ZONE AE(EL 9) AS SHOWN ON ~ R~ ~ a ~ ~ ~ QQ~/' `~5E" FLOOD INSURANCE RATE MAP No. 3610300177 G O~ ~P ~ Q~~ ~ ZONE AE BASE ROOD ELEVATIONS DETERMINED 1f \ G y2 Jo ~x t/~ i L ~ .c l^ - ~ GC A "4J. <P -n '~eo ~ 'e b• .i., fo- ~ ~ 0~ ~ ~o~ ~YZ Cpl ~ ,o.~ , ~ ~ ` o~'Q~e ` NOV 2 1 2006 ~ ~ti~~ ~ ~ s~ ~ ~,5 ~~q~ ~Oa o F~2 i A _ ~-^"9~, ~ - ` ~ ~ ZONING BOARD OP APPEALS ~F ?k ~ ~ e s~ V tEp~ F NEW w°"s A°iao`~ioa~Pl`° a,J ~ ~`o ~~O 9r niE laW Ywa sort wo ~ p~ j i °~e°~ ~'~~~e~~~ X20 / „ ~~5 0 -k ~ b3 ~ ~ ~ ~ u"-8 ~~fG ~ 605. ~ Ol 9a~~~~~J~ ~ MCP i ~~~\~~P~p~ `/c 4 J N.Y.S. Lic. No. LD66B ,2DR ~ THE Sr"TE Jo eph A. Inge~lo Eouumu uw cCAES a Tars SViNEY N"P HOT BFINxG EYB054D SFAI SHIll NOf BE caraxRFFD THE 51~"°"= Land Surveyor TO BE " VAUD TRUE COW. CERfIFIGip16 RIOIGIE~ NEREpI 9w1 RUx _ ONIT i0 1NE PERSW FOR 1WIOY THE SURV1lY - 15 PIRPII®. MIO ON WS ffIN1F TO T11E mtF couvANr, owwwwENrxA AWlcr Axo iitb Surveyx - Su6di^ieior~a - S'M Plons - ConsfTUCNon Lyout IENgNO MSRILRIUN 1I41ED HEREON, AND ro THE AS901ltF5 a r1rt LENRWG ~NST- nmox. cERnncxnoNS u¢ Nor Tw++sETUau PHONE (631)727-2090 Fax (631)727-1727 iN[ E%ISTENOE OF RIGHT OF WAYS OfFIGES LOCATED AT AN1V~ AND/~ CASCNENTS OF RECORD. IF 322 ROANONE AVENUE P.O. Box 1977 ANY, NOT SHOWN ARE NOT WARANTEEO. RNERHEAD. New York 11901 RiverfiRRd, NRW York 11901-090.5 - 45E