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Home My WebLink About6069 . . c ,,--\ (,/ . APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman . Mailin&r 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 http://southoldtown.northfork.net RECEIVED q. ~ 1'.ILJf''l). OCT - 5 2007 t!Y~i'J.1 tl 'YL._'~" FINDINGS, DELIBERATIONS AND DETERMINA~~TO'~ MEETING OF SEPTEMBER 27, 2007 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 ZB File No. 6069 - Robert K. Scripps Property Location: 2745 Pine Tree Road, Cutchogue CTM 104-3-6 SEORA 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 reviews under SEQRA. PROPERTY FACTSIDESCRIPTION: The applicant's 33,184 sq. ft. is a non-conforming parcel located in the R-40 Low-Density Residential Zone District. The premises has 108.67 feet along the easterly side of Pine Tree Road and 116.63 feet along Little Creek. The land is improved with a two-story, single family dwelling as shown on survey prepared by John C, Ehlers, Land Surveyor dated 6/26/02, revised 7-13-2004. BASIS OF APPLICATION: Request for Variances under Sections 280-116B, 280-122A and 280- 124, based on the Building Inspector's July 19, 2007 Notice of Disapproval concerning proposed addition(s) and alterations to the existing single-family dwelling which will increase the degree of nonconformance under Zoning Code (Walz) Interpretation #5039 when the new construction is located less than 15 feet on a single side yard, less than 35 feet for combined side yard setbacks, Also proposed is an addition to the dwelling at less than 75 feet from the existing bulkhead. 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 August 21, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP CODE DETERMINATION: LWRP Coordinator Mark Terry prepared a report dated August 31, 2007 outlining inconsistencies with the policies and standards of Code Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP). Grant of relief with conditions, noted in the Board's determination below, will substantially mitigate concerns for the 14.8 ft. addition at the northeast corner of the dwelling, As part of the mitigation of concerns under the policies and Page 2 - September 27, 2007 . ZB File No. 6069 - Robert K. Ser. CTM No. 104-3-6 . standards of the LWRP, a drywell system will be installed to meet code(s). Also, the removal of an existing garage, presently 14 feet from the north lot line, and proposing the new construction, will result in an increase the north side setback and a net increase in the combined setback. Further, the extension of the house will maintain the same setback, limited to the first floor. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 13, 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 VARIANCES/RELIEF REQUESTED: The applicant is requesting setback variances concerning additions and with alterations to the existing one-story and two-story frame dwelling, as shown on Site Plan revised July 19, 2007, by Frederick R. Weber, Architect. The two-story addition is proposed at +/- 25 feet from the northerly side line and 65 feet from the concrete bulkhead. The one-story addition is proposed at least 6 feet from the southerly side 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, Town Law ~267-b(3)(1). (A) The existing house has a non-conforming 9-foot south side setback. An extension of the house will maintain the same setback and will be limited to the first floor. The removal of an attached garage will increase the north side setback by 5 feet, resulting in a net increase in the combined setback. The house will be no less than 25 feet from the lot line to the north, and (B) Granting a 10- foot reduction in setback from a corner of the bulkhead will not impact the neighbors. The part of the bulkhead that will be less than 75 feet from the proposed construction lies along the boundary between the applicant's lot and the lot to the north. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance Town Law ~267-b(3)(b)(2). The location of the existing lot and the narrowness of the lot-less than 70 feet-leave no other way to increase living space without demolishing all or part of the existing dwelling. 3. The variances requested are not substantial. Granting the variance with respect to the side yard variances will result in a decrease in the width of the house. Granting the setback from the bulkhead will require a relief of no more than 10 feet, and that for less than 10 feet of the length of the bulkhead. 4. The difficulty is not self-created with respect to the side yard variances, inasmuch as the house predates the Zoning Code setback requirements. The setback with respect to the bulkhead is self-created but minimal. . , Page 3 - September 27, 2007 . ZB File No. 6069 - Robert K. Scr=- CTM No. 104-3-6 . 5. The relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the parcel and single-family dwelling, while preserving and protecting the character ofthe 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 Simon, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John C. Ehlers, Land Surveyor dated 6/26/02 and Site Plan revised July 19, 2007 by Frederick R. Weber, Architect. 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 (Chairman), Goehringer, Simon, and Weisman. (Member Oliva was absent,) This Re ution wa ly adopted (4-0). J mes Dinizio Jr., C pproved for Filing 10/ Y /2007 RECEIVED g ~ /'.IYf./"h. OCT - 5 ~ .~~ ~M1a~ uthold T~wn Clerk ~/Frs / r~ k.. d-.7 'IS- f>;,.;-e rr~e ?tf I Cu:tcA~UA- :;1; Br CLA.-L';ja..U; SLf.SB PH ~ - :3 I - 0 J- PI If- - / <I - (; 0.- 10Y 3 b fco fc <( PH- 4/3/07; /tAft- rJ1a1~1 , :!!j, SURVEY OF LOT 12 4 PIO LOT II MAP OF NASSAU FARMS FILED MARCH 28, IqB5 FILE No. Il1q 5111JA TE: PECONIC, TOJIIfN: 5OUTHOLD SUFFOLK GOUNTY, NY 5URVEYED 06-26-2002 PROPOSED 6ARA6E 02-25-04 REVISED 01-13-04 PROPOSED ADDITION. 6ARA6E 01-05-2001 SUFFOLK COUNTY TAX # 1000-104-5-6 l.-:llI'IIW TO: N W-+E S ... FLAG 7 '" dllap. 1"111"13 enc.e ,0 IV; , Lot 12 I '" I _ \ _ _ _-I \ " ._(')0' , ~ /+\1r'5+, - ;/ , 1-1', C>... ';"', '\ I + IW q;t;~ / ',\ ___L___-/ ~~ /10+,* _---=--;-'- - - -", - - - \ill Fwme 6ofOge I I'" ~S' , \ ",1 I; TO Be Removeol 1"'/ ~~+ - '--__ I I --_: I,; 'I , '1 , , J ~ , :;12D'3.o' 1 ::-/ - _ ~'l _ - - r - -' '- 23 10. '10 0. _ - 10 _ ),_ _ r" - _ ~ _ _ -t>. ...... ,---'<1\ _ - - ,---"b-- \ I ", \ (J) b:_ Ice ///^',\ is' I ""'s.3 a;:g l,' ~ .1.. II!!?! '0 '\ \ -_'> ~'-l ,1,_ . \" "~ ~@m l;-l 2.0 \.. ',s;! '0 IJl Y \ "\ 5N 2 StO(I_A~ ','0.. Z J-, r - -----',,"- Froi'Y",6 - EXI5TIN6 EJ ---; House "... SEPTIC 0 I i"1 '" I 1-'::::'- , !'-l I '~8-_- - f'> '~ II - :;...-06 ",j. - ,. 0.." ~Ao6 , , , , , , , , .,' ~S921L ~' ~ -4- - -.kFLA65 -....." " ~ '- '- '- ROBIlIlT salII'PS '10 , '- " " '- "', , , , , , , , , , , Meadow Lame Lot IS '- '- '- '- N87001 '20"E .. ,e>> x ""'" ~,- ~ '- r~l~ 0 S81001~"W HIre fenc.e ~~04 , " , -8, ,/ ,<.. , , , , , 01-,/ , - ' -~' , 0.... , - - , , 00 , mCl'30rry \" , ' ' patio oj''' 1~ " 160 ~G ~ o '3hoHer .I!.; J el. ~ "'.1' , , <~ "'..-::: ~ FEMA AE (B) " '- '- '- FEMA X 4-.61'.... " '- ) 1 '- '- '- '- '- c;. ~ ~f '- '" PROP. ~ GARAGE CO '- \ edge ~~ tfa.: (jJ~ '- " " 0;...... "- ""---~ "-< o9"~. ....... c~, , \ "8 "', ."'"- " '- " vnpo"ed. I I ' , \ ' , ,"-10- , 'plo Lot II '- '- :;. /..../~..... - dr\"e'('\~ -/2- ~ " .. \ 0........ " " _ -I; - O!l"" ~o- / ",'IJ '- '" ~O plo Lot II , " \<)" '1., , -".-0- ~ ~, <:> ~. '-9 . . ~ ~ NOTES, . o & MONUMENT FOUND PIPE FOUND STAKE FOUND ~ ~_tT_tQo........" ~~,:~,;:,~~",...::. _T........_~l.Oo<,. ~~":".;;:r::.:.~ .~_""""_.....-...IO__Uc:ltn. -' AREA = 55,184 SF OR 0.16 ACRES I^lETLAND FLA65 SHOHN THUS 1 HERE SET BY JMO CONSUL TIN6 TOPO REFERENCES N6VD '2"1 DA1UM "G<ot1:N"'-hc:l_'--"~__ """""-..r::;:: "_-oolIh IM.x- ~~~T""""","=,,~""'~= LCftc:l~. -----1""'00'I/I; toIM___'tT-Ihoo__.~. :";=:=~IM_~-=~ t<>IM<>H9-""IMloInc:lhg__. '-1:11'100- tlano......_tronor_to__ GRAPHIC. SCALE ~ 1"= 30' I FEMA FLOOD ZONE DETERMINED BY LOCoA TION OF THE e' CONTOUR AS REFERENCED TO A lJ565 BENCHMARK IN N6VD '2"1 DA1UM JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. liC. NO. 50202 RlVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF. \\Compaqserve1\pros\02\02 212.pro ~ . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 13, 2007 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. SEPTEMBER 13. 2007: 10:15 a.m. ROBERT K. SCRIPPS #6069. Request for Variances under Sections 280-166B, 280- 122A and 280-124, based on the Building Inspector's July 19, 2007 Notice of Disapproval concerning proposed addition(s) and alterations to the existing single-family dwelling which will increase the degree of nonconformance under Zoning Code Interpretation #5039 when located less than 15 feet on a single side yard, less than 35 feet for combined side yard setbacks. Also proposed is an addition at less than 75 feet from the existing bulkhead. Location of Property: 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. 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: August 8, 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 #8500 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina MacDonald 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 -Lweek(s), successively, commencing on the 23RD day of Auqust. 2007. ~ae5ii~O Principal Clerk Sworn to before me this 2007 t2 O,U... ~ day of ~wJ/ ,;21)0 7 ~~ BABETTE CORNINE Notary Public, State Of New York No.01C05792800 Qualified In Suffolk Cou'W ~ u I""'() ~/t> CommIssion Explr~ VI, ~: .. j ( - ~> ?h f!,u fhs . I:~~itr;t~ae:~~~ 11he:"~ '~_dwelliD:g;'fOT 'e:-~tion'Wil.t J~~ta'~.~ae _~tfor'7bQt1I-liide ,yard'setlJ{i~,-(c)' eXeeedin8::ihe-~e limititi~_;er~%)naximum_lQtoover~; :;.~ge;-:at'5!O_lS;~R~ttte'i4$>;'(81kia ~o~ Road};~(ire;enpl:llt;'GrM~#2~12 , _l1ao~-~:,WBfijJY-,LO,l'dAS'aJl4 .~~~~~::::;'_. ti~,-'::~lS: - ,-' . tlIt:\Jb~::~uil~ --=~.~:=-~t:;. ,truCti<m~rep. ):0(.>.......... _"''''~~~~'''''''"'i fQrmin&lOclltid~\'i~.tMD<tlte cOde . =~~r:r.{~~~ #l)~C1ld_F~l"'6; >j't.liaS: i.D~'s _,' ques,'f# lSll,:llQd; ing:ins: Disa~a(_, _, " ',;'" 'ad. diti\lDs,.iiti,d:,,_Mtelationt'tO'Jliii::'exis~ ace.essory~-forthe:,reasonthar thc'riew~~@:I}~~~e,ss t!limlQ f~~th~Alf9~Jin,e.,ait!l,theex" is.'~~DftJ~J;;' Wilt-increasi :the a,XI.c,,~ta#ohoi"1Sihquiu-e feel, ,.~l\l;0YICE:.-' . at 24925'~ain,,R~ad,Ciitchogue; ~ ~G 109-1-20,3"....;._,_.;,',....-".,'"., .,~;.-i.;i;,84J~';Q'-'AftEALS. llt~-- a;in:":~~1:'T.~OKAW ;~p~~~13.2007 ~~.,Reqpest-"fo(a>,vanan(;e und~ - ~_~netm'A1UNGS.c ..~~~OD:-:780-1Sli~sed."O~;_tq~~ui1d~ NaIlCEIS-iIE;REBYGIVEN, pur- Inspect,or's J~_20:,tb07,i\mendedNb;- -s~:tO'~fi9tt;~';;-ol,the Town. Law ticeQfR,~saWt'<l:~,I~(I,n;~g ~-emtr 1ll1dvCha.~~!t&iiM);Code oUlte ing ~~ory;b:iii1~,.wb,icJi'a~a:res'u~ ' T~\Vn;.9f'S'~~pld;'~~'f911pwing' public of tbe pt0pQ5~n~1d~,l$lg-oonstru:;. he~gs.,will&,hcIa'"by the SOlITH- ,.tion,will be'a'Y.ardo~.therrthec:ode'- OLD tOWN WNING BOARD. OF required reat yard, at:4300 Bergen Av'- ~.._~L'-~~,::-1;'qwnH'all,53095 enue, Mattituck; CfM 113-7-1.4. Main.'Ro~d, -P.o.BoxJ179;. SoutllOl9-; 11:55 ~in.^NN__CALLAi-IA::N #6Q3~. NewYoik..:r1;m---B959,.onTHURSDAY, Request foi,aVariance,,~c;\~r_Section SEP"ID!IB~,'l!3"':Z(K)7: 280-122,,~aSed.op.,tlteB\1ilding Inspec- 9:35a.m; JAMEs and JUDYliAY- ~?r'sJa~1Jary_~,:2007-'-NotiCeof Disap. WA,RD-#6lJ54, RequestJot a Variance 'proW}. concerning_proposed, additionS under--SectioB' zso:'!5,' based _on, the lIDd 'alterations to anexistiog accessory 'JilgiIijmgc~spe.dor's~amen~ed J~ne 20, building, wi~~~Il~~rsio'n fr()Dlthe eXiSt;. _ZOO1/NotU;e,~,o,f 'p~ppr-Oval,. Jlpdated ing ~ use;,''to'o'accessory phlyhouse July 17;2iJc.ff;wIiich state$ thJt,thepto- 01: simiIa~_aeceSSOry.USea:S'pet Cod~,Tht posed acCes:sory garage ,will be loca:t_ed e;tis~' ba~"p~Us,.'~,'p~~d- addi" -in e:::'Y,.Ilfdother'tb;$:'~.requirod. nOIlS,lSpropdsedit1tbenooconformin" reaiya,rd,,11:\14~_,nweeWaters ROil-d." ftyiltI~(l;in_stead_(lf:thel;:Oa~-fequir'e4' 0rie,!:lt;~Cl'fdJ5-3.J.9;-, . .,' rear y8rd;at,~5,Route~25; Orieat; ~. '9.~.::_,.p,.ilf':-)t9BERT_. O'BRIEN CfMl1:4;l-5;.,,_, ./.,.';":':..' ~; '~qQeS.1l,~,;l Variaoce under 12:~: :p,m:~:YALERm _ Jllid JiOS~ Section '.280.f16,_bllsed on .-theBuilding TER~R:EEVE.:~;':(Ca~tiVer' fro~ ~~Of\A9-~tcl.. 2907 Notice ,pt 6f28lff7 bY",8:pplicant~:~nce: height, at --P~~ial:i#>~,"Vroposed ~ad~: 16375 'l>.!8~.R~,,~~ro*rStreetr, ditiOiili8hdtJlJ,iirlm~_wthe existing Greenpo~t;.CfM.~.:1-2; '.; single-taDlllr ~~}f0r . the:r;eason 1:2:15_ p.lii;~ ROBERT K.' SIMON ~~t.:~p.~:AA~on will be less #6076.' ReqJ1eSt.. for, a Variance unde~ _ !iiitit'P.f.f~F4~jj{ith~#tiD& bulli:h~d Section _280-12Z and--28fl.124, based on :',~a ';atl955Thi:-;;' - the 13;uilding'lIlspector:ii July 24,1.rXJ7 _man's o;CTM3143~. Notice',~f Disappto"~' ,and: Zoniril!: 9-:55 ..' .iWi~:'S~ Code.lO$eIpretation#S038{WaIzAppli;~ :~est:JpJ'Vllri~~ cation):,di~~ppl:O~,all;,. a,ddltion'with ances::~:~~28IHi(~~:.on a:lter~D$J,~thec exi5ting sin~fami1y 0~t~j~l~;.w'.s'!>!w~l@i.(.flfn,,'! :-t~_,~~J~i,tJlet"'r~I!'i~;t .'~ ne~; _J'VOtiC;t;:~#;)r~p~~'WIiJ,CJi'Sta,~s';tif;r-~;- ~ .... $p.t8. ',~q t(Uiriv.y;-feet froni 'c.-.. ..... ",^",-~-.'t."..~.,""" '.......""'.th,,~.-'.''''"I. ..' ,,~{'~~--:~'1"~-W" ..... .~~.u.v. -:'\de~:i3f;:~.-"IitQ~~..",....,!gth~::% ~ta!itial,~oIt~>Ofthci_:~tiJJg-build~ '. .6<__............... .~... .~.m~.,. ing).~tW-additio:m.-.a.n4a.1t..tio.llSjfor, :tothC,fr0nt;~~tbilckL~t.ion Of ~ neW'singIManii1y:dwelling.~th less Property:-?3?,15 Ma~ BayviewRoad, tbanlO-feet'oil 'il~.side 'yaIdand Southold;Cl'M.78-,2-14; lesS'thaJ1:25-fe,et,tQtaI:side yams.l.oca" 12~ 'p:m. DAVID SHERMAN ,,;tjOJlo:p~~"177SJt\:'.ett,Qeek. Av~~,3",R~lw~~,_as~end~d,for Vari'~ -" eiiUe: cUtC.b'6'@~ctM'rtiM-4'-.; ;)jlr., ianees'-unq,er;;Seiinons';28Q-:to-,and 280- ~: ~~~}m0m!Jm:-':;lt~~ <94'-~$t:4oW;~;~liil.4i.n~;Jl1~pector'~ 16069. R~est iOr Vanances~ under . AprjL-12, ':zOOt Ntitice" of Disapprova:I - ~ectioDs 28f):f66'B:,:~i11A and -2&)- -"C()ncerning-a"~proposed:"deck"addition ~_~bas~GI1_~e-B~g.'Insp"eCtor's- '.' w~ch; (l~wiU be l~ than 10 feet on .JWY,:1Y;~?;~"O"ce""Ibf'.jjiSlfppt&iat~,,"cW'SiDgIlt-'Sid_~r<-2:1~:be;less,~tiuut (;Qp.cernUIg:P~ addition(s)' .and .3~ feet total side-yard,setbacks~and 'f~) ,il),tcratiOllSto-:: ~" ,will exceed-the code. limitation, of 20'$ gr~r tion,ofproperty;26fj utb,ol!f~.CfM 64-~24. Appeals will hear'a,U I:eJ:l~~~Y~de5ir- _'. at;e8cli~g,aodl~r backs: ~ p~ IS jlD. addinoo at -des~ to ,submit.wri~o statemen"ts ;__1~~~~fnj~:the:~~~4: ::;pet~re,,~~ocl~ion- of. eachheaJ-- ,_~~-J;tfopexty.~~~1irleg1:fB-&,~;:be'!fing willnotstartearli~ 1leeRoUtCutcliogue;:GIld'~3-p:_. . ..tha:ndesigna,tea~abo'(C. Flies are avaiJ- 1O:30_-'a;m;,pg;i_"@f'?f,~9~),:,:~:",bl~::~V~~$W .du~g regular bu$i- CA;T~J:..\, #6l:".l'-'-~\1est toc'aYluj- nessfoJ1rsana pr.ior to the day of ,tIje ~~~~on:28():.l1.4B,basedoo heanng. IfYQu ,bave que~tiotiS,pleaSe__ the :~~u;lgJA~tor~_June7,:2007 do not hesi~tetocontactolU, offi,te ;"j~~,_~~m~;$g~.&.....a!1, . at ,@1)'765~1~i()rpy email; L4ada. applicati9Ji-,for-a'b\W~.pe:ririi('fo; :::'"K(5wA1iki@1twn~sor.mola]y:ar;'~~ .~~~~~~~~J9,:~;..~~~~ '.:Datcd:AUg\tSt,17;200?, _~' .,- f '~r_ . _: ..,~ ot~e,~,asq~~t1hC~--;"-"-:ZONnq~:r,Bt)A1Q)''OF'~ ',_~:~,_~: ,1~p~(),~q:lAmMAN - .,-.:,Jijt,tin:da,Ko:~~ '~ . I! ~- 0~ Q)~ -- . FORM NO. 3 ~(OOO- '1 NOTICE OF DISAPPROVAL D1\TE:July 19,2007 TO: Frederick Weber for R. Scripps, as Trustees 41 E. Maple Rd. Greenlawn, NY 11740 Please take notice that your application dated July 12, 2007 For additions and alterations to an existing dwelling at Location of property 2745 Pine Tree Rd.. Cutchogue. NY County Tax Map No. 1000 - Section 104 Block.l Lot 6 Is returned herewith and disapproved on the following grounds: The orooosed construction. on this non-conforming 33.184 SQuare foot lot. in the R-40 District is not oermitted oursuant to Article xxm Section 280-1221\ which states: "Nothing in this article shall be deemed to orevent the remodeling. reconstruction or enlargement of a non-conforming building containing a conforming use. provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations oertaining to such buildings." The sinl!1e- family dwelling. notes a side yard setback of 9'. The uroDOsed construction indicates side yard setbacks of9' & 34' combined. Pursuant to the interoretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of nonconformance. The addition is not oermitted pursuant to Article xxm. Section 280- 124. which states that non-conforming lots. measuring between 20.000 & 39.999 SQuare feet. require a minimum side yard setback of IS' and 35' combined. i\1so. the orouosed addition is not permitted oursuant to Article XXII. Section 280-116 B. which states: "1\11 buildings... located on lots upon which a bulkhead... exists & which are adiacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The site ulan indicates the prouosed addition will measure 65' from the bulkhead. ~~CJL , Authorized Signature . . n r I / I JUI <" tJ3tL ,j <UU,:' _.6D0q "" ---p-"f"""'r-""-".,,-.--:- . APPLICATIO. THE SOUTHOLD TOWN BOA.F APPEALS r- F~fficeAJseOnry Fee: $ f{..rO Filed By: r- . fLAI 10.. _ U~ssjgned/Assjgnment No. i I Office Notes: /~/[ 'J '8/!/, j - I" ';)0/,1 Parcel House No.2.145 Street rlN~ lR~ R.o~ HamletCu-T~LI.8'~, SCTM 1000 Section.lQ1.Block-2LLot(s) Ca Lot Size??,lM t,..f.' Zone --.B:..4a " I (WE) APPE~L THE DATED: .:r~ TEN DETERMINATION OF THE BUILDIN~~PECTOR t1...o 01 ':J ~ cMt.fe.!tzBl' Applicant/Owner(s):_~~T l<.. ~~\f'fC:::> Mailing Address:~t W~, $~ j;1q.\\TE..j wyc.....""f'f: t--.lJ: I 01-=te\ TelePhone:_( '2PI) S~I- ""'S<}+ NOTE: In addition to the above please complete below ifapplication is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: f~tI<:.. ~. WEe::eR.. . for (;><j Owner, or ( ) Other: Address: 41~. ~ ~ Telephone: ((.,'?i) lS4-- 55515 ~~r-t::ot..1L.A1JI"'\ NY. \\"l4cQ r~ (Ce>1.I) '2k\- \064 1 Please check box to specify w~o )'ou wish correspondence to be mailed to, from the above names: o Applicant/Owner(s) ;3..\uthorized Representative 0 Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED -.1 /'Lt:J /~1- FOR: . . :s:.suilding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ><X:IIt Section 280- ~Il.'l..)!.. Subsection '><KIT 1"Go b Type of Appeal. An Appeal is made for: )5(A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article Sectiou o Reversal or Other A prior appeal)i(has 0 has not been made with respect to this propertv UNDER Appeal No5<.i>5"Year1.v5' . (Please be sure to research before completing this question or call our office to assist you.). ~~: A VMv",l~ ~ ~RA"'T'E.D 2MT i~ ~ex::::. .&<pPlTION ~ N~I/eR. ~~. Name of Owner: . . ~ k. ~Pf"? . . ZBA File # -~,..-...~(""'''''' t1b b\)lD~ REASONS FOR APPEAL (additional sheets mav be used with preparer's sie:nature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ($ta<. ~~w) (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: I ~ ~\"'11"(, I-OI.~ \:l;W:, P 1't~-~ltJCt Cj b~/<ND AN ~&lcN Or: ~ rv~ ~\~ 1'n€. b~e.. ~~ 1""0~. ~ Utv~. ~ !O<PClTl.::N.of:: 1....\"1..,4 Sf'Ac:.c< (}i>-r "'I..')~ BIZO~L~ft..)O~ NOR:Ttt rSc..crvS1"RAINE::P fb'l. ~ "'0.->- c...J~/U'oI\}~ t-.l~ ~-INI~ ~ ~ .D\" ~ \!)llbl1tJ<A c.t\IMl'-ll!M l'i\J.&l;.);kt.>c ^>-l ~lsrllJu. "rblto.~ ~~. (3) The amount of relief requested.is 'not su6s1antial because: tit€. SID~P VJqe~ Soqr;.ttT f..f<. A \-5toR.'t ,.Am(ltTlOi'l ~~ ltv Ur-Il::. WI-rn- ~ e.q'1"\N6l. Ho"'-!')~.I\\'€. CPM611J1:;O SIPt<:lilWO V~JtlNCk f<.eal.\~ \~ ~IJ-\ I' ""-l ;.. Ivot-J- 0..Jfoe.w\I>.lO> ~w LoT lQo'). \'If'E. S~ VAVU~ f'~ ~\\1!,I4\..lc::.~' IS ""'-1\....\ ~I.\.I~ ~.'" (;~ ~R..erun-N'.O"-l """ ~~ ~ (...(.;"t'>\-~.... '6TL."I U C> tl.oM .. . . . (4) The variance wIII~have an aJvers~ect or Impact on ~ p YSlca or envIronmental condItIons in the neighborhood or district because: ~ V~~ ~~ ~ ~~\N U~' \..om\- ~Tl~ Uo-Nb\~OI\.eN OR. Stv-.~ IN "-lkl\A1U;. )q..Jt::> UM..4- MOr ~ k-..l k:>\J~ ~ .ot-J Ilt'\i:. N~~~c::. . (5) Has the alleged difficulty been self-created? ( )Yes, or ~o. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQU ATTACHED USE VARIANCE SHEET: (Pleaiebe re to c /< .",tl worn to efore me tli.s~ - ayof 20lL/-. , Signature 0 an or Authorized Agent (Agent must submit written Authorization from Owner) MELANIE DOROSI<I IlOTARY PUBLIC, State of New"", No.01DD4634B70 Qualified in Suffolk Coun'Y. ? 11 CormIIssion Expires September 30, ~ D (I) .. ~ !'Iv;)~ V~ ~~ I~ ~ A \-Srea>-\ kt>Dt\1,e>N ib ~ hV E;><.I~~C. ~~.. ~ ~lt1.eN W\U.. I!>,", \N UN~ Wtt'\&- i\I1(; ~lS1lf,JG'I. \.lo1.A~ S~ er ~I KND VI\u... 0UlAR. Ot-lu.-.ON 1)n; \$\ ~ .. ~ c.o....tW"1aC> SIDO--lkao V.t.R.WlNl..l&. ~wa'\\lu \':. ONV\ ~ \1 ksO ~ 0-J ,L. '~~" 1''''' ~ R..so~ IN ~ ~r ~ ~l~4- Cl,\W\N""'I ""~. . ~ \'tM~~ V~~ So-A-c.t1I \t" ~ A w...v (;.?""c.((,~ I.NAu... WtnoH ~ ~s: lO.6--t-Ic.. ~ ~ f'Qof~ L.\lJ\2. AND IS \"-1 rA-tT UlJtl~~tJ~ p.~ ~\ e'f tt-S ~(;t)T. .. ~1(. O'~''hNc.~ W\u.. Nor' f'n..di>I\.-~ k-I UN ~S\R~ cttp,.,J"E. ~1-.l ~ ~~R~ oO'F ~ \-.l~\woC. '/ ... . . . . . Page 3 of 3 - Appeal Application ------_.----~,.---'~-- ..- ~- --------1 >";; ! .IUI ~'. J i" ! t,j\., Part B: REASONS FOR USE VARIANCE (If reauested): Cl-J~\ RI2.&\'\~"\eC> ') For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project Is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent I1nanclal evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on 0 separate sheef if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the slanature and notary area below. Signature 0 el t or Authorized Agent (Agent must submit Authorization from Owner) MELANIE OOROSKl NOTARY PUBLIC, State of New'ltlrk No, 01004634870 Qualified In Suffolk County ., f\ I D Commission Expires September 30, ~ ZBA App 9/30/02 . . ir'-~-:----- APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) )UL ') H ,I Applicant:_~ K. ~lf-f"':::> Date Prepared: .:J\.1.\...'1 ,;,:tF~61o i ~., 1. For Demolition of Existing Building Areas Please describe areas being removed: ~~1\IS4> D~ Gr:\~e.. 10 BE.. ~"er-.. (It'?'" Ie..:) It New Construction Areas (New Dwelling or New AdditionsJExtensions), Dimensions of first floor extension: 'l/2.'''-"'1\~ \~".f- ~ \;:. )('2.&\",/Piaq~S~ '1>~\ $.1", Dimensions of new second floor: 15~ '1.5\..../ P/l.Q~~ ~ 5'~ SoP. ~ IS'...c..l.. 90 S,P, Dimensions of floor above second level: 1-1"",.110:. Height (from finished ground to top of ridge): 1:&' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: '1,~ } ~ I III, Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: '1-- 51'0(4'-\ "CAp~" w/ S\'\"ec ~\C.\n.~ Number of Floors and Changes WITH Alterations: 1- 5"t6I/L.4 ..xo'O,,~ W/ ~ ~ ~ 'l. - $.~'" .kIX>\\\ON "-1/ ~ 1..t.tp f'L..-.R. ~ ~~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your.groperty: \,I'L 'S..f'. Proposed increase of building coverage: c~ ~ Squarefootage of your lot: '?~, \~4- ~ 1...',4f2.0 S. F ( \4p\"A,.Io") Percentage of coverage of your lot by building area: ').,!;)"l... eel" ~c>") V. Purpose of New Construction: NIe.J Ll\Jl..J(q Sf~ 4 ~~ VI, Please describe the land contours (l1at, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 1 UGo:W\L>1 w"",,&:'I?Eb w/ f:t~ AND ~~ ~~ ~~"' "~~" (L.9v-> CCtJ~ Wid. ') ~1)~ Lk.J'cWAN2.C> ) ~~L~l~~~~~~~~~"\ Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 . . QUESTIONNAIRE FOR FILING wrm YOURz'B.A. APPUCATION JUI ,j ,I);'. A. Is the subject premises listed on the real estate market for sale? DYes ~o B. Are there any proposals to change or alter land contours? ~o D Yes, please explain on attached sheet. C. I) Are there areas that contain sand or wetland grasses? --t....? 2) Are these areas shown on the map submitted with this application? '"i.E.c:::. 3) Is the property bulkheaded between the wetlands area and the upland building area? A l..oW <S:>tJe-RflE:. W'd.L e,,\<!:>r~ LA,.II:)\~ OF T\okL\JJI&tA.Ncs.L\N~ 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:~ It.I6 f,eaN ~eo ~L-~M oF- and if issued, please attach copies of permit with conditions and approved map. P2'1I1Jfh.b t ~'1. ~ D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ 0 E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own.other land close to this parcel? _f.J~ the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel t::x\~lltJ7c? ~U:. f1"W\\L,"\ uV ~ ~andproposeduse k:n1T1oI...11'.e> ~.0 u...lG "Y'N~ ~ xamples: xisting: single.family; proposed: same with garage or pool. or other description.) ~e.. If yes, please label j\.\.l., fl..o fL.ar.:, "\ Aut rized Signature and Date 2/05; 1/07 ,auNSACTIONAL DISCLOSURE F. APPLICAWE TO OWNER, CONTRAcr 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 of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ~ ~.~ &WW~ ~\C-k..W (~~~ (Last name, first name, middle initIal, unless you are a plying in the name of someone '~se or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception 'Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: x. ---1 ./1)1 -) .-;. (1;'1'- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood. marrial!:e. or business.. interest. "Business interest" means a business. includinl!: a artnershi in which the Town officer or em 10 ee has even a al1ial ownership of (or em 10 ment b a co oration in which the Town officer or em 10 ee owns more than 50/, f the _.sh::ln~~ _ _____~ YES NO X If you answered "YES", complete the balance ofthisforl1l and dale alld sigl/ where il/dicated. 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 enfity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. "::7;;::---1 " j \"," '! 3 /.,. jlJl. DESCRlPTION OF RELA TrONSHIP \-lq.)G S~bmitted thiS~f .J'\A.Ll1. \ 'l.aol SIgnature: S ~ Print Name: t:::~ '. v . .3-' < . ( FORMER OWNER "" ~ivl<'I"" _ c y..,. p "/ RES. JlI() SEAS, LAND IMP. ~ p{) f64 1300 / d6 3 ?t:1l0 66 3 ~o 'I3<'-v ( (PI 0 0 &,(Poo Acre ~"',) l?JdO 1300 Farm Tillable .1 Tillable 2 Tillable, 3 Woodland 3wampland Brushla. ..,jiI House Plot Total , - ., ;t,.,_.~ _~ ~........- -i-, OF SOUTHOLD WOPERTY RECORD CARD ( ) , 1'1- /0 STREET'27o 5 VILLAGE DISTRICT SUB. LOT #- ,.'/'1 at)/- /...t. #;; V MJJd V fi r--;?>.f 0"- ACREAGE ?J'S- -/8.00 ~J TYPE OF BUILDING 13.1, ~ "f "'>~ T ~~~ I CB. I MISe. 1/t;,.rt=r Cr; eh .:r 9tlO Z. I C. ..5tJOO e- .s.a{ '1-/;, t-(J ';I;-;, </.weP;;, , ;, e Tf-ee . rL l!C;' Ie h E e S W VL. FARM COMM. TOTAL DATE REMARKS J...~ Ap ,.~t1oIVS . /. L '7 ~/9' Ya,ll/ov .? //1 ~ :-st i 96 ;; (1'1 die" Q) -:::: I '} It, 0 O' "Bp-ctRCJ.....Co7o Con6f- ~Creel1 Povc:4 /bP#- 3JJ4-E; addin-<<Js +-CLtt&ra.:h ens --e- .. ~- f/iiI!IIi1' .... 104.-3-6 1/06 ... r . . nsian ~ 93 St.,...",,, fb<". 'rj., ~-lfl""-~'" P .. .1r a"....'(. h c... '/-rs- tMw' 3 /;~ [PX;L) h I/Ob xl~ j ~- /' .S' 'jr i I ~ , I 'S" 1-- - ---I " i V ....- r--( PA{~ '~i f".,.:.l\' i I '1~ 'q~ I ! ! I il I ~/~ ::;." r. ,F. p, II ;.z o~ I If 'v' L 'I ./ .1} - -- ,- I-. I j . C' .'\. . ./ (t) . \/ s. f'K ~j Vi ;1; tL I I ~, . -t- l (. ()7r): N , rv' , [")( I.; , " -- V \'.. I $hi1 7)" ,vc,," ypilbtr. ! ./ . I"\. r .... 11.11;' 17 !-11 r"'" 7''' "-- cE-C4. t'fl-~ ->;,.{/i. . , r..-' -~." r-" ( I 't' ~" IlA ~,I. oundation Bath -'.,f. f.. Floors . ~,d-+ ~t. Walls ~ I Fire Place I ( Porch -;l. Interior Finish Healt if F /-! ri Attic Porch Rooms 1 sl Floor Patio I 3 i Rooms 2nd Floor . /'~/ Driveway ~ V 6(p)3 ,,, ~ 3'~? /. 1~' I ( /OY-3_(, '" '2, z '" n ?< OJ ~ .1:, .lLL PR(]f>(RTIE~ >LLO"NG DISTRiCTS, ;EIEll '.0 lYDRANI UTEA ..~ USTEUTER (i) COUNTY OF SUFFOLK <D \t.. ~ Rea Property Tox Service Agency ...D/= COISItyCflnter R1verheod,NY 11901 ;0:. SC.l.lEIN FEtT, If ~ ~ 2011 ~ "",."., 1000 ""' . SOUTHOLO NOTICE , E y lOl~ " A P IoIAINTENANCE,ALTfRAlION,SALEOR DISTRIBUTION Of ANY PORTION OF THE Sl..HOUCOONTYHX loIAPlSPROI1iBlTED IITHOLll,RITTENPERr.IISSIONOf HIE AEAL PROPERTY Hx SER....CE ACEtlCY. 'lU" . '" COOI'ERSIllNOATE: .lur>.H,I,,6 ....; ~t) ~N J -+- SECTION NO 104 PROPERTY lAW BUILDING PE.T APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/Southold/ . PERMIT NO. Examined ,20 Approved Disapproved aJ c (t ,20 '1/ Iq{7 ~ Phone: JSV- 55.55 Expiration ,20 ~(~ :::rJ@ BLD,j. DEPT. -....IC'JY~LQf $.P'lIf:lQLD . Building Inspector APPLICATION FOR BUILDING PERMIT Date JUL1 (lL INSTRUCTIONS ,20~ 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 oflot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval ofthis application, the Building Inspector will issue a Building Permit to the applicant. Such a permit ,hall oe kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the -'roperty have been enacted in the interin-" the Building Inspector may authorize, in writing, the extension of the permit for an ,ddition 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 luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~egulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The 'pplicant agrees to comply with all applicable laws, ordinances, building code, using code, and regulations, and to admit mthorized inspectors on premises and in building for necessary inspections. (Signature of applican or name, if a corporation) 4IG.~Le~ ~R~I...A,..W N .' \ \14.0 (Mailing address of applicant) ;tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder kWrj~q- ~ameofownerofprernisesJ,k, ~\~ ,4, ~...,.,~ ~As on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) luilders License No. ~~ lumbers License No. Jectricians License No. Jther Trade's License No. Location ofland on w .'t\~ flt-le.. House Number . ch pro~ work will be done: t€ . p Street 6.q~CJJS Hamlet County Tax Map No. 1000 Section Subdivision N~~ ~l'I'I0 (Name) \04 Block 3 Lot Filed Map No. \ \1") Lot >, (~ '}.~I'I%S) ~ \'2... <t ria \ \ , 2. State existing use and occupanc.' premises and intended ~se ~d occu.y of propose construction: a. Existing use and occupancy SIN c..uz \'J1sfV'I 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost -# '11~ Qa:::> t<a~ 'v:h-~ (..~\2. ~ jo ~'be AdditIOn ><- Alteration OtherWork ~~ ,-'~~ rp. (Description) b. Intended use and occupancy SiJG\.-8 ~\V\ Fee 5. If dwelling, number of dwelling tWits If garage, number of cars f:L (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height 1...51 Number of Stories LId 1- Rear 4<::)' Depth ?lot tb-- 4~ \ Dimensions of same structure with alterations or additions: Front S<o Depth %i'"I(.,i-"1:::: "'t,,) I Height 1..1' Number of Stories , Rew f5"'. rL ;J. 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front [,01' (1:) Rear 'b~1 (:t) Name of Former Owner V/.?6\ L- ~~ t'Z-1.o I tc.; (i:I Depth 10. Date of Purchase--1.l/ lL'15h I . 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO_ 13. Will lot be re-graded? YES_ NO X. Will excess fill be removed from premises? YES_ NO-X. Y3t \)J1::S\~\loo~ ~ Address W'ic.f:oFrIN...ol'\Sl PhoneN~I}~~I- Co~L Address ~~~ PhoneNoC"'~\)\S4-5S5T;:. Address 1\''''0 Phone No. 14. Names of Owner o(~remisesf.-2:l.Bf \C. ~f'>? Name of Architect ~ ".\tJ~ Name ofContractOI~p)~ ') 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO_ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO_ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES_ NO_ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY of) 1)ftCLUq. ~~~lk:. W~ . being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~-r (ka.wc \I~~ (Contractor, Agent, Corpora e 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 ar" tme to the best of"js knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. 2~ ~l !Lor App"_ MELANIE OOROSKI NliTARY PUBLlCbSlate of New York No. 010 4634870 Qualified in Suffolk County '. "___I~A'~_ ,.._,_,~~_ T'._~___... _. n... ~..,." I . ct ~ lor' ~,_l~~ ,-~ 1-_ '( II . COUNTY OF SUFFOLK (i) 4/". "'//1.; . 1, STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR Of PLANNING August 21, 2007 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: 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) Hayward Arias Manganiello Lomas Scripps Hassildine Beebe O'Brien 6054 6065 6066 6067 6069 6072 6073 6075 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (6311853-5190 TELECOPIER (6311 853-4044 /. c;. q\:~gj~tI- .rf!i/ f.-LW(Cf' /$- :e/.,-> OFFICE LOCATION: Town Uall Anl'ex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY - ( ..L G.. 4$ II- J~ D..fJ~ /~ t../C. ,~ . MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair Town of South old Zoning Board of Appeals From: Mark Terry, Principal Planner rn:( L WRP Coordinator Date: August 31, 2007 Re: ZBA File Ref. No. 6069 (Scripps) 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 (L WRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance of the proposed addition from the concrete bulkhead is 65 feet; a minimum separation distance of 100' is reQuired pursuant to Chapter Ii 275-3. Findinl!s: pnrpose: iurisdiction; setbacks. In addition. a minimum setback distance of 75 feet is reQnired pnrsuant to Chapter Ii 280-116 B. All buildinfls or structures located on lots uuon which a bulkhead. concrete wall. riurau or similar structure exists and which are ad/acent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. Please reQuire that the applicant amend the application to meet the above policy. . . Addijionallv. if the action is approved and to further Policv 5: Protect and Improve Water Qualitv in the Town of South old 1. Require drywells to contain drainage for the residence. 2. Require a non-turf buffer landward of the bulkhead, to protect the creek. 3. Install a hay bale line prior to construction. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT /hkc f Office Location: . . Mailing Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 3, 2007 Frederick R. Weber, Architect 41 East Maple Road Greenlawn, New York 11740 Re: File No. 6069 - Robert K. Scripps Dear Mr. Weber: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our September 27,2007 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 Enc!. Copy of Decision to: Building Department A. INSTRUCTIONS -~.--"----l . . -","",."' , ......-.~ I" , \ .) 3 flil'; LWRP CONSISTENCY ASSESSMENT FO~ ]U'-Gotl b I , j " Town of South old " 't_;;. 1, All applicants for pennits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. TIlls assessment is intended to supplement other infonnation 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 fonn 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 L WRP 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 detennination 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 L WRP 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 South old's website (southoldtown.northfork.net), the Board of Trustees Oftlce, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# \090 101 - 1?- c..:. The Application has been snbmitted to (check appropriate response): Town Board 0 Planning Board 0 Building Dept. B Board of Trustees 0 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) o o (b) Financial assistance (e.g. grant, loan, subsidy) ~c)---Permjt; approval, license~ certdicatiOll:- , ----a--- Nature and extent of action: )kto1:>\i\otvS i.o S\NqUG ~\l.J'\_ bw~), ~<::>L..\'T'\1ON .kND ~c..or-s s.~u.C/i\€YJ .0 'F- A ~~'OC> ~E. Location of action: . PINe.. 1lz..e2. l":>~ Cu-rC.\-~OCtME. 1 N-:'(. ~'?\ \~4 5.t: /f2.I,4t2...0 s.~(u,fUl.NC>) ~\rVb~ ~\U1 PW~l( ~/D~ ~ '2.~l? Site acreage: Present land use: Present zoning classification: R-4-..:? 2. If an application for the proposed action has been filed with the Town of Southold agency, the following infonnation shall be provided: (a) Name of applicant: ~ ~'~Ifr'? CR.~R.\Pf'?,~ ~~) (b) Mailing address: ~'\ \..tJ~ S\lE>l'<..t::. t:>t4\JQ.. W'-I.C-.\:::ofr) N.:r: O'4e,\ (c) Telephone number: Area Code (12tq\ 2J1 \ - ~5C}"T (d) Application number, if any: Will the action be directly undertaken, require funding, O~Pro~by a state or federal agency? Yes 0. NoD rfyes, whicl~ federal agency? N.'f.<::'_,_~.(j._ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community chara~ter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See I~ WRP Section III - Policies; Page 2 for evaluation criteria. ~Yes D No D Not Applicable ~ pno~ D-.~l:::\ ""\I>VI^~ ~ k'OIT\eN~ ^ SI""'=I' C ~ P\;J~ / A-oO\i"\n~ kIa:.. ~'C'!i' _ ~ ""IS' ~""'- w\Z;\~ bNn c.o~en..... ON .'~"Io ~r-- Up\..-JhNo~ . Attach additional sheets if necessary -Poticy 2.-ProlectllIHlpreservefiisloriC-andarCliaeologiCalfesources.oflbeTowiiOfMulllrild. See L WRP- Section III - Policies Pages 3 through 6 for evaluation criteria -----.---- DYes 0 Nog Not Applicable Attach 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 0 No 0 Not Applicable \JlS\-\.-k\.... 6<.\..-\.~1"\ .?f' ~SE:. W\.I.v ~ \W\pv'2.w~. \-.k:::> b~tlN~ ..sc.eN\.-C- ~Cll..-I R..CJe5. W\.U.. I6e:. ~ eD. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes 0 No 0 Not Applicable ~1i1Z. ;-or~~"\ ~\...L- NO\ Vb\::. a\)\y\J(Q~. ~'1.W"'~ ~ \..\JILl.. ~ ~1v')l"'I/'"'\ ~ Rs::I:::>r=- '(<J,).N-Of"F. Attach additional sht:ets if necessary Policy 5. Protect aud improve water quality aud supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No &otAPPlieable Attach additional sheets if necessary Policy 6. Protect aud restore the quality aud function of the Town of Southold ecosystems including . SignificautCoastal Fishnan~\Vildlif'elf~bitatsaud1VetlaJ1ds,_?ee L""~~lOction III::: Policl~~;nl'J1g~s 22 through 32 forevalu.ationcriteria. ~Yes DNoD Not Applicable ~~---o~~~i~ VJ\Zn.-ArNO? . OJ I2R. ~.s1l1J(Q LM-N uIS\~I1DxC. ... > . . Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of SOllthold. See LWRP Section III _ Policies Pages 32 throllgh 34 for evaluation criteria. DYes D NoHNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Soutbold from solid waste and hazardolls substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No ~ Not Applicable ~~ ::,~~ eR. W~'\b Wl(A.. '\bE. ~.(- 5A1l~1 c::>l4f'1e.. ~~~ Gr~I2. W\\..L.. o,r-_ c.\2N~. 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. o YesD NO~NotAPplicable ~\\1~ Pn.:?"\:::R..i4 . ~ ~'^^~ Vt\U,... B~ S~. IS' ~ -n~ 1.N1:3'r~",=> 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -~Yes EJ-NoDNot Applicllole . ... ~~VO~ u.~ IN ~~^'- "Z..oNbJCq>. '.' - . . . Attach additional sheets if necessary Policy 1I. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111- Policies; Pages 57 through 62 for evaluation criteria. J8l Yes 0 No 0 Not Applicable kv... ~~~ A1>()\Tl~ > W"lA.. &2. S'd)f>~- IS-'--__=--=-_u:=~_= _~ -nO.l<;t.- W~S. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes 0 Not8!.Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes 0 No g Not Applicable ." ""'-"--, ! i Created on 5/25/05 11:20 AM .'U~ 'J ,r- /l1;;, FORM NO. 2 TOWN OF SOUTH OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. BUILDING PERMIT i (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N<1 900' Z Date. . .. ....... ......Wlr.Ol1t!RIl1:.. J.~........... 19:;9..... Permission is hereby granted to' !lobm:t..If...Ora.u... ...... . ... .... ... ............ ....... ...... ..rs.nIl..:':T.!llJ..~mI!l....................... ............ ........... ....t:utcllogllll......Al'A............ ....... .. . ................ to ..Build. an..Il"AtJnn..on.an..Q;l.d.1ug..t::;r.:tl~l'I!t.. .............. .................................................... ... .................... ............. ......................................... ............. ............................................................,.., at premiSes located at Io.t. !..12..&.~..lQ1;..ll.....)f:u-'lm.1.=a... ............... .................................. . ........ ...... ......................~'I!.1.r.llll. ~\l,<<.... .!1~t:Jlr,qJ:);l.~.... .J!~~.!............ ....... ..... ..... ...... ...... ..... ... ......... .............~.. ....... ................... . .... .... ..... .......................... .., ...... ...... ....... ........ ......... ............. ........ .... ..... ..... pursuant to applIcation dated ..... .................WCi'l/l:l1lt:er... .l~. ...............1 ~....., and approved by the Budding Inspector Fee fAOO.................. ~n...... ~ 'vv-. LC/-""'1 .... .... .............. ..........................................t........... Building Inspector FOIIM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. COpy FOR YOUR INFORMATION CERTIFICATE OF OCCUPANCY No. .... Z .778.. Date . . . .Ju1.y. 21.... ,19.60' THIS CERTIFIES that the building located at 0/_ Pine, .fJ!l\'ee..Road, CutlchogUitreet Map No. 'Haa-sau . Block No. _... Lot No. 12"& %' at: 11 ~onforms ~~ntial1Y to the Application for Building Permit herctofore filed in this office Novembe:a: 16 1-o:g t t h' h B 'Id' P 't N dated .. .......... .. . _" ,., ~ . pursuan 0 W Ie Ul Ing erml 0... ;?: ..?Q.Q..... 'lated .............Jilav.~:l: .16.. ,1959, was is_ued, and conforms to all of the requirements of the appl1cable provisions of the law. The occupancy for which this certificate is issued is ..... ....... .................................. ftIVA'l'B ..oze' 1rAMILy"mmL1.DlG This certiflcale is issued to ..........ltobeX.t. oram, own..r .... . ............................. .......... . (owner, lessee or tenant) of the aforesaid building. I~D-^- l 7~ .................. .. .................... .......................\.............. Building Inspector ( , . FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. COpy FOR YOUR INFORMATION CERTIFICATE OF OCCUPANCY No Z-23484 FEBRUARY 6, 1995 Date THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 2745 PINE TREE ROAD Bouse No. CUTCHOGUE Street NY Hamlet County Tax Map No. 1000 section 104 Block 3 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 2, 1992 pursuant to which Building Permit No. 20689-Z dated JUNE 5, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is AN ADDITION & ALTERATION TO AN EXISTING ONE FlIMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT KITTREDGE SCRIPPS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NIA UNDERWRITERS CERTIFICATE NO. N255907 NOVEMBER 5, 1992 PLUMBERS CERTIFICATION DATED SEPTEMBER 13, 1994 K & K PLUMB & BEATING / Inspector Rev. 1/s1 , '- , . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vmcent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net , Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /FU'llt floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold,~~D ~~ II: Jo I1fVt .MAY 1 6!J~ ~~~:!own Clerk BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809' Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 14, 2005 ZB Ref, 5685 - Robert K. Scripps & ano. Property Location: 2745 Pine Tree Road, Cutchogue CTM 104-3-6 SEaRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration In this application and determines that this review falls under the Type" category of the State's List of Actions, wllhout an adverse effect on the environment If the project Is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 33,184 sq. ft. parcel has 108.67 feet along the east side of Pine Tree Road, and is improved with a two-story frame dwelling and accessory garage, as shown on the June 26, 2002 survey prepared by J.C. Ehlers. BASIS OF APPLICATION: Building Department's December 13, 2004 Notice of Disapproval citing 100-242A and 100-244 in its denial of a building penmit application concerning a proposed donmer addition. The reason for the disapproval is that the new construction will be an increase in the degree of nonconformance with a setback at less than 15 feet on a single side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 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 extend the existing second-floor dormer and to add another dormer at the second floor facing the street, over the proposed new porch area. The new construction will not extend beyond the southerly side yard setback, noted in the Building Department's Notice of Disapproval at nine feet. The height shown on the elevation diagram prepared by Proper- T Services scales to 25+- feet at the top of the highest ridge. 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 variance is for a small extension the existing second floor dormer, and for a new donmer at the front of the dwelling. The applicant is proposing to maintain the existing nine ft. setback of the first floor of the dwelling, which setback is noted in the .. . l Page 2 - April 14, 2005 ZB Ref. 5685 - Robert K. Scripps ano. CTM 10: 104-3-6 .. Building Department's Notice of Disapproval. After notices by mail, sign posting, and publication in the newspaper, no testimony was received to indicate objection or concerns to this application. The additions will not be undesirable, and home is presently a 1-1/2 story home with a donner at the second floor. It is further noted that the applicant is not requesting a change in the donner height (under 26 ft. to the top of the ridge), nor is there any request to extend beyond the existing nonconfonnlng side yard. 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 side yard is already insufficient and the property width is less than the code requirement. 3. The variance granted herein is not substantial. This southerly side will maintain the existing first floor setback on the southerly side at nine feet for the donner(s), and the remaining northerly side yard is greater than 30 feet from the northerly (side) lot line, resulting in total side yards at greater than 39 feet (meeting the code required minimum for both side yards of 35 feet). 4. The difficulty was not self-created and is related to expand, utilizing the first floor area of the existing dwelling, which has existed for over 30 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. The area consists of many lots with nonconfonning width, and many of the lots include at least one, or 1-1/2 of the lots shown on the old filed map which date back to March 28.1935. The lots run on angles and are not perpendicular to the street lines, which have a tendency to making the side yards nonconfonning, which is true for most of the waterfront lots on Pine Tree Road. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new dormer construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B. motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the elevation diagram prepared by Proper- T Services and the revision sketched on the June 26, 2002 survey by Mark K. Schwartz, A.I.A. 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, Dinizio, and Simon. This Resolution was duly adopted (SoCU ' \ ~ J~. &~... Ruth D. Oliva, Chairwoman 5/1 S /(15 Approved for Filing