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Home My WebLink About6091 kA4gko v L/n / n 4t3 700 PARL /WE inn7777Dok s' i‘,09( -A%)))5/9X%s v )4 Ago/hr/ /034/Mr 70 E7fc,)G Acry 9,9MCE-' af0-i5 , asp AC/G-0- -a 0201fin s'>e //aocey hoe) 02?o-xf Arc( •61.� Gu!�a� 0-9770E4 /ai Jsize 14474) a4itt'r-e stAA C/ (/0 Rj ,,,, • APPEALS BOARD MEMBERS /�O• OF $UUjO! Mailing Address: James Dinizio,Jr., Chairman •t Southold Town Hall t ti O 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer # * Southold, NY 11971-0959 Ruth D. Oliva co Q Office Location: Michael A. Simon i� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman frcoU�'o,�, 54375 Main Road(at Youngs Avenue) �'� Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 3:3 71). .1' Tel. (631)765-1809• Fax(631) 765-9064 DEC Q —'— FINDINGS, DELIBERATIONS AND DETERMINATIOri- T MEETING OF DECEMBER 6, 2007 Kouthold Town Clod ZB File # 6091 — Ilya and Emilia Kabakov Property Location: 1700 Park Avenue, Mattituck CTM 123-8-5 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. LWRP CODE CHAPTER 268: A letter dated October 24, 2007 was submitted to the Board of Appeals confirming the applicant's proposed action is exempt from review pursuant to Chapter 268-3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275 (Wetlands and Shorelines). SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area of 103,058 square feet, with 162.50 feet along Park Avenue (a/k/a South Road), and a depth of 641.14 feet along the westerly side property line. The December 8, 1998 survey prepared by John T. Metzger shows the property to be improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 2,790 square foot single-family dwelling and 346 square foot deck, plus two detached buildings. The architect's site plan shows updated construction existing at the same premises, with as-built additions connecting and extending the preexisting, nonconforming accessory buildings, and shows the proposed new area of 1,800 square feet. The existing accessory structure consists of • Page 2—December 6, 2007 • • ZBA File#6091—Emilia Kabakov CTM 123-8-5 three sections totaling 4,174 square feet (858 sq. ft. and 1516 sq. ft. garage areas and as-built 1800 sq. ft. storage area). BASIS OF APPLICATION: This application is based on an application for a building permit and the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line, citing Sections 280-15 (B and F) for this waterfront parcel. Code Section 280-15B states that buildings on lots containing over 80,000 square feet in size are limited to 22 feet in height (maximum) and in a location not closer than 25 feet from any property line. Code Section 280-15E states these building may be located in the front yard while meeting the side yard setback requirements for accessory buildings in Section B above for a waterfront parcel. The new addition, and the as-built structure built without town approval, are not permitted under Code Section 280-15C. This code provision states that: "On lots over 60,000 square feet, no accessory building shall exceed three (3) percent of the total size of the property. The garage with the "as built" construction already exceeds the code limitation of 3092 square foot (or 3%) with 5,974 square feet of coverage by the existing conditions. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 15, 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 requests area variances pertaining to the section of the accessory structure which was built without town approval. The as-built construction is +/- 25 feet in height, greater than the current code limitation of 22 feet in height (to the top of the ridge) and results in 4174 square feet, or 4% of the parcel size, greater than the current code which limits the size of an accessory building to 3% (3,092 square feet) of the parcel (103,058 square foot parcel). The setback is conforming at 25 feet from the side line. Also requested are area variances related to the proposed additional module of 1,800 square feet adjoining the as-built accessory building. This new construction would increase the size of the building to a total of 5,974 square feet (or 5.8%). It would also exceed the current limitation of 22 feet in height with its proposed 25 feet in Page 3—December 6, 2007 • • ZBA File#6091 —Emilia Kabakov CTM 123-8-5 height, and when proposed with a 22 foot setback, would also be less than the code minimum of 25 feet from the eastern property line on one corner. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 6267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A: Grant of the variance concerning the additions to the accessory building will produce an undesirable change in the character in the neighborhood or a detriment to nearby properties. This will be the only 103,058 square foot parcel in the area having a single accessory building of a size greater than 3% of the parcel size. B: Grant of the variance concerning the as-built addition will not produce undesirable change and allows the large-scale paintings to be properly stored in the existing as-built building. Also, the property is heavily wooded with a depth of over 600 feet. All of the adjoining lots are also heavily wooded with long depths, but no other lot has the same number of garage expansions in a single accessory building consisting of 5,974 square feet. 2. Town Law 6267-b(3)(b)(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 benefit sought by the applicant cannot be achieved by some method. feasible for the applicant to pursue, other than an area variances for the existing as- built accessory building. However, the requested new increase for an additional module (1,800 square feet) can be achieved without an area variance. 3. Town Law 6267-b(3)(b)(3). The variances requested herein are substantial. The variance requested in relation to the size of the accessory building with a new module would be 5,974 square feet, greatly in excess of the building size limitation of 3% (maximum) of the parcel size, and is substantial resulting in 5.8% of the parcel size. The relief requested results in 60% of a variance over the code allowance for building size. While the as-built storage building currently meets the code-required setback of 25 feet, a variance is necessary concerning its size, currently 4,174 square feet, and for its nonconforming height over 22 feet. The requests for the height is not substantial, representing 13% variance from the code allowance of 22 feet to the top of the ridge. 4. Town Law 267-b(3)(b)(5). The difficulty was self created. The premises was acquired with accessory buildings on the property. • Page 4—December 6, 2007 • ZBA File#6091 —Emilia Kabakov CTM 123-8-5 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variances concerning only the as-built section of the existing storage building is the minimum necessary and adequate to enjoy the benefit of storing the large-scale paintings and other large works of art, 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 Oliva, seconded by Member Weisman, and duly carried, to DENY the variances, as applied for, without prejudice, concerning the proposed additional construction to this accessory storage building; and to GRANT the variances, as applied for, concerning the as-built accessory building. 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), Oliva, Goehringer, Simon, and Weisman. This Resolution was dul adopted 0). a ames Dinizio Jr., C airman 12/'y/2007 Approved for Filing i • 5 > ADDITION Q TO THE r 0 ,, I RESIDENCE ---7(=A-<4-.-- MATTITUCK -117-71-Std_ i ARCHITECT �J� 7.4-":=°: I� % 9 FRANK UELLENDAHL _ �. � P.O.BOX 316 �4�� • re GREENPORT, NY 11944 \� �� lEl 631-477 8624 �C-- ., ��\��\� ra FAX: 631-477 2997 ri , ` OWNER KA30'-0" — 30'-0" — Q ILJA 17700CF4RK AVENUE i + IATt0U01 NY 11952 NORTH ELEVATION SCALE: 1/8" = 1'-0" SECTION SCALE: 1/8" = 1 -0" Net 4 63 -296 6530 4 W ss.:€ At-4n, , rut, kJ ,c, < . .4 I, in' L WOR<SHOP s MI SC LPTUPES ARC-IVES ASC- VES [ — _ , g is g , .4 E p! 60 0° : DATE 09/21/2007 /„1 60'-0" 50'-2 1/2" 55'-2 1/2" SCALE: = t'-o' PROPOSES ADDITION 10. 3 1/16' ON E�ISTI\S ACCESSORY STR,CT,,PES SCALE: 1/16" = 1'-0" FLOOR;PLAN 1: AND ELEVATIONS DWG. NAME A - 2 ® DWG. NO OATODITTHE ' •Y ZONING CALCULATIONS 'f -r:. ° LOT AREA =Co.103,058 SF ^i r x p.; DOST'G BLDG.CWERAGE =ca. 1,110 SF + ° wy�, ADDED BLDG.COVERAC,E =m. 1,800 SF 1 i p ` 1 I TOTAL BLDG.COVERAGE =w. 9,110 SF �/ 'I �` t ? :' ;: TOTAL ALLOWABLE BLDG,COVERAGE I 4 j N_ • j ¢y R-40: 20%OF LOT AREA=m 20,611 SF R `- ' ALLOWABLE ACCESSORY BLDG.COVERAGE RESIDENCE ' , ' ,i y ^` 39 OF LOT AREA = 3,092 MATTITUCK PROPOSED STORAGE BUILDING AODLIgN 30-0 _ - g ELEVATION STORAGE BUILDING• 1 rile: •. SURVEY BY PECC1C SURVEYORS,RC.— i AP DATE DECEIVER 8 1998 F144 1 1( ROMA 318 A2 GREDPORL,MY 1191 AL•6333- 77 288924 X 3 OWNER ILIA&BIM KABm O 1700 PARK AVENUE c o Ao ' W111RCK,Hi'11952 -' °" R N y 111 631-298 6530 1800 SF ' .7:z..4'''148;36.//4i,//'-/1;Y,. ry !/, % _ b Z i/70// / ; % ■ I m U..1 346 SF DECK ,'( � ..:C Iz .iiz Lu NA 2790 SF RESIDENCE cD 3 IIII!!i IFINAL MAP o _ BY zga �i 2790 SF RESIDENCE REVIEWEDlw BE 05/16/2007 346 SF L SCALE: 1" = 50' ' _ ��' 4174 SF 3136 SF DOTAL ACC S50RY STRUCTURES OTAL RESIDENCE + DECK SEE DECISION # (C�� ,U_ SITEPLAN i SITE PLAN at 7310 SF EXISTING COVERAGE ( I QUO ' TM// = 1000-123-08-05 1800 SF PROPOSED STORAGE BUILDING DATED ! TOWN OF SOUTHOLD 11 , 9110 SF TOTAL COVERAGE 'I FFOLK COUNTY, NEW YORK 4 A - 1 A4 an Ka • • • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 15, 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, NOVEMBER 15,2007: 11:00 A.M. ILYA and EMILIA KABAKOV#6091. Request for a Variance under Section 280-15(BA+ and F), based on the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line. Location of Property: 1700 Park Avenue, Mattituck; CTM 123-8-5. 1 .(k:(:coJ rule,. 390 . 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: October 12, 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 vil le J�f�,t,.F 4-I PI1's+net L IS'j-) "\ti 1 _ L lc #8575 C arta w ) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine 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 1st day of November, 2007. em..„,......... .,--:::: y� Principal Clerk Sworn to before me this 6 day of k V 2007 02/1.isixo liekle-gi CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK N,. ^1-V06105050 Qualiuntt H Suffolk County Commission F.xpireR February 20, 2008 LEGAL NUIICE - SOUTHOLD TOWN ZONING concerning the height of the garage ex- less than 25 feet from the side property 1:50 P.M. DANIEL HUME #6097. BOARD OF APPEALS ceeding 18 feet. Location of Property: line.Location of Property:1700 Park Av- Request for a Variance under Section THURSDAY NOVEMBER 15,2007 13459 Oregon Road,Cutchogue; CTM enue,Mattituck;CTM 123-8-5. 280-14,based on the Building Inspector's PUBLIC HEARINGS 83-2-10.12. 11:25 A.M.CHARLES S.WITCZAK October 1,2007 Notice of Disapproval NOTICE IS HEREBY GIVEN,pur- 10;05 A.M.NORTH FORK GREEK #6092. Request for a Variance under concerning a third-story to a single-fam- suant to Section 267 of the Town Law COMMUNITY ASSOCIATION#6088. Section 280-14, based on the Building ily dwelling (under construction and and Chapter 280(Zoning),Code of the Request for a Variance under Section Inspector's September 11,2007 Notice subject to Building Permit #33295-Z). Town of Southold,the following public , 280-13,based on the Building Inspector's of Disapproval concerning a proposed The Building Inspector notes that the hearings will be held by the SOUTH- 1August 17,2007 Notice of Disapproval single-family dwelling which is allowed proposed construction shown on plans OLD TOWN ZONING BOARD OF concerning proposed additions and al- on a lot size of 160,000 square feet,and submitted September 19,2007 reflect a APPEALS at the Town Hall, 53095 I terations to the existing church building this lot after yield calculations measures third-story instead of 2.5 stories,at 14216 Main Road, P.O. Box 1179, Southold, which will be less than 60 feet from the 102,667 square feet.The proposed dwell- Oregon Road,Cutchogue;CTM 72-2-5. New York 11971-0959,on THURSDAY front lot line,at 1950 Breakwater Road, ing use is in addition to an existing work- 2:15 P.M.BRIAN and MERRY RE- NOVEMBER 15.2007: Mattituck;CTM 106-9-6.1. ing farm with existing farm building TUS #6094. Request for a Variance 9:30 A.M. ROY W. ARGENT and 10:25 A.M. KENNETH A. and EV- uses,and therefore,two(principal)uses under Section 280-116A(1), based on LINDA ARGENT (LIFE ESTATE ELYNN R. HAMILTON #6089. Re- are not permitted.Location of Property: the Building Inspector's September 28, ELLSWORTH BAYLIS JR.)#6086.Re- I quest for Variances under Sections 280- 26170 CR.48 (a/k/a North Road) and 2007 Notice of Disapproval concerning quest for Variances under Sections 280- 15 and 280-124,based on the Building 5000 Bridge Lane,Cutchogue;CTM 84- a proposed second-story deck addition 122 and 280-116B,based on the Building Inspector's September 10, 2007 Notice 5-4.2. to the dwelling,which new construction Inspector's September 10,2007 Notice of of Disapproval concerning an as-built 1:00 P.M.CELESTE SHEVLIN and will be less than 100 feet from the top Disapproval concerning a proposed new (without permit) deck addition at less PATRICIA BOOKE#6093.Request for of the bluff or bank of the Long Island dwelling.After substantial demolition of than 35 feet from the rear lot line and a Variance under Section 280-124,based Sound,at 235 Soundview Road,Orient; the existing building,the new construe- which new construction will create a side on the Building Inspector's amended CPM 15-3-4. tion will be less than 35 feet from the yard location for a portion of the acces- October 16,2007 Notice of Disapproval The Board of Appeals will hear all rear lot line,less than 10 feet on a single ' sory garage(garage is entirely in a rear concerning a proposed addition with persons,or their representatives, desir- side yard,less than 25 feet total side yard yard).Location of Property:145 Orchard alterations to the existing single-family ing to be heard at each hearing,and/or setbacks,and less than 75 feet from the Road,Southold;CTM 66-2-26. dwelling,which new construction will be desiring to submit written statements bulkhead,at 6429 Indian Neck Lane,Pe- 10:40 A.M. EDNA McNULTY (and less than 40 feet from the front property before the conclusion of each hearing. conic;CTM 86-6-23. I JOHN C. DILLER and HOLLY M. line,at 1020 Vanston Road,Cutchogue; Each hearing will not start earlier than 9:45 A.M. LAURA SOLINGER DILLER) #6090. Request for a Vari- CTM 104-12-11. designated above.Files are available for #6087. Request for a Variance under ance under Zoning Code Section 280-18, 1:10 P.M.JON S.RAND #6085.Re- review during regular business hours and Zoning Code Sections 280-15 (A and based on the Building Inspector's July quest for a Variance under Section 280- prior to the day of the hearing. If you B), based on the Building Inspector's 26, 2007 Notice of Disapproval which 15, based on the Building Inspector's have questions,please do not hesitate to March 14,2007 Notice of Disapproval states that the Bulk Schedule requires a August 20,2007 Notice of Disapproval contact our office at (631) 765-1809,or concerning a proposed accessory garage minimum lot size of 40,000 square feet, concerning an as-built(without permit) by email:Linda.Kowalski@Town.South- which will be less than 10 feet from the and the proposed lot line change will accessory shed and accessory deck ad- old.ny.us. side property line.The Building Inspec- create more conformity by increasing dition in a location set back at less than Dated:October 19,2007. tor also notes that his determination has the size of CTM Parcel 1000-145-02-1.4 five feet from the lot line,at 2975 Cedar ZONING BOARD OF APPEALS not been updated regarding the current from 22,151 square feet to 22,936 square Beach Road,Southold;CTM 91-1-2. JAMES DINIZIO,JR.,CHAIRMAN accessory building code, as amended, feet, and will create more nonconfor- 1:25 P.M.PERI HOFFER HINDEN By Linda Kowalski nifty by reducing the size of CTM Parcel 54375 Main Road(Office Location) 1000-145-02-1.5 from 20,877 square feet #6096. Request for a Variance under 53095 Main Road(MailingAddress to 20,093 square feet.Both properties Sections 280-14 and 280-122, basedPBox 1179 are nonconforming in lot size in the R-40 on the Building Inspector's October Southold,NY 11971-0959 Low-Density Residential Zone District, 11, 2007 Amended Notice of Disap- 8575-1T 11/1 - located at 160 and 240 Great Peconic Proval and Zoning Interpretation ZBA -. Bay Boulevard,Laurel. #5039 (Walz) concerning proposed ad- , 11:00 A.M.ILYA and EMILIA KA- dition and alterations to the existing BAKOV#6091.Request for a Variance single-family dwelling.A front porch is under Section 280-15 (B and F),based proposed at less than 50 feet from the on the Building Inspector's June 19, front lot line,and the second-story ad- 2007 Notice of Disapproval concerning dition will be an increase in the degree proposed additions (as-built and new) of nonconformance when located less to the existing accessory (storage/ga- than 50 feet from the front lot line.Lora- rage)building,which is not permitted at lion of Property:1255 We'*^cliff Drive, a height exceeding 22 feet in height and Mattituck;CTN107-6-18. - I - -ecag/ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 19, 2007 TO: Frank Uellendahl (Kabakov) PO Box 316 Greenport,NY 11944 Please take notice that your application dated May 17, 2007 For permit for additions and alterations and an"as built" addition and alteration to an existing accessory garage at Location of property: 1700 Park Avenue, Mattituck,NY County Tax Map No. 1000 - Section 123 Block 8 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations, as well as the "as built" addition and alteration, on thisr conforming 103,058 square foot parcel is not permitted pursuant to Article III Section 280-15 B, thich states that buildings on lots over 80,000 square feet in size are allowed a maximum height otTi fes and a minimum setback of 25 feet from the property line. Furthermore, Article III, Section 280-1 states that the building "may be located in the front yard" and"the side yard setback requirements or accessory buildings in Section B above." The accessory building is noted as being 25 feet in height and 22 feet from the side property line. In addition, the proposed additions and alterations, as 11 as the "as built" addition and alteration is not permitted pursuant to Article III, Section 280-15( hich states "...On lots over 60,000 square feet, no accessory building shall exceed three percent (3%) of the total size of the parcel." Following the additions and alterations, the garage is 5,974 square feet in total size, which is 5.80%of the total lot size. This Notice of Disapproval was issued based on a site plan drawn by Frank Uellendahl, dated 5/16/2007. Authorized Sia <ture Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. a» — APPLICATIOS)THE SOUTHOLD TOWN BOARD•APPEALS //,,�/ ��y, ��^"' ai 1�6er Office Use Only Fee: $ (ttO Filed By: Date Assigned/Assignment No. Office Notes: S P V House No. / 49.0 Street Reek AVCAJUE Hamlet 1-/,977-1 ruck_ SCTM 1000 Section 12-31314)&08 Lot(s) OS Lot Size /03,OSO3 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED JU,va /9,.a? BASED ON MAP DATED S il(0/21709- Applicant(s)/Owner(s): /LVR Sci/L/A ki945fC0Y MailingAddress: /900 8QS AC '?t/'C 1-7,917e UCK/Jur /1952 Telephone: 3/.29,5453o Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: FP-Slk at-7 c-mpAft`L for(kS Owner, or ( )Other: Agent's Address: PO� ./4O 1 G--,�EU/7V2` ,(i y- Telephone (oJ(.49 £r 24 Fax#: Email: (lle/1ena!D,dn /me,GIP Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or XAuthorized Representative, or 0 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 6//67b.? and DENIED AN APPLICATION DATED 5'/1WO z? FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use XPermit 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 i/ Section 280- /5'13; /5F- Subsection Type of Appeal. An Appeal is made for: ;EQA 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. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal 0 has, has not been made at any time with respect to this property,UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: • ZBSIe# ( 0/I REASONS FOR APPEAL(additional sheets mar be used with preparer's signatt re). • AREA VARIANCE REASONS: L ��S F P 'i ,,(1) An undesirable change will not be produced in the CHARACTER,of theD neighborhood or a detriment to nearby properties if granted,because: (2) The benefit sought by the applicant CANNOT be achieved by so method f sible for the applicant to pursue,other than an area variance,because: . g (3) The amount of relief requested is not substanti ecar9g AItch 4? (4) The variance will NOT ha n ct or impact on the physical or environmental conditions in the neighborhood or dist t be (5) Has the alleged difficulty been self-created? ( )Yes,or (,/(N-o. Are there Covenants and Restrictions concerning this land: fa No. ❑Yes(please furnish coml. 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 ;QUEST I A•D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure/41sj y j y '� 0 y.) Sign ill We of Appellant or Authorized Agent (Agen must submit written Authorization from Owner) Sworn to • r: me this day Mess, IPA 20 • • Notary 'ublic CoJANET= � (Yew"lblk • SPP ,t Frank W. Uellendahl Architect &09/ PO Box 316, Greenport, NY 11944, tel 631-477-8624, fox 631-477-2997 a-moil: fuelland@optonline.net Dated: 09.24.2007 RE:APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Addition of an Accessory Structure to the Kabakov Residence in Mattituck SCTM 1000-123-08-05 PART A: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 proposed addition is an extension of the existing storage building and is located In the front yard of the approximately 640 feet long properly.The distance to the street exceeds 150'. Because the area Is heavily wooded the proposed addition is hardly visible from either the street or the waterfront where neighboring residences are located. (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: In accordance with the recently adopted resolution 2007-127 (paragraph 280-15B)the proposed accessory building-which is an extension of the existing building with same width and height- violates the minimum setback and maximum height limits by relatively small margins: - side yard: one corner of the addition encroaches into the 25'side yard by-3 feet - height: the height limit of 22'will be exceeded by 3 feet as well. (3) The amount of relief requested Is not substantial because: In accordance with the recently adopted resolution 2007-127(paragraph 280-15C)the total coverage of existing and proposed accessory structures is 5.80%and therefore exceeds the allowable total size of 3%. This low-impact addition to an existing structure Is basically empty space with unobstructed Interior height needed to archive works of art Including sculptures,which are of significant scale. The additional space is vitally important for the artists to continue their artistic activities in the location they have chosen to live and work. (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions in the neighborhood or district because: The low-impact addition contains no plumbing. The wooded aspect of the property will be respected, as the applicants desire privacy both for themselves and their neighbors. (5) Has the alleged difficulty been self-created? ( )Yes,or(X)No. Does this variance involve as- built construction or activity?(X)Yes, or( ) No. 1 Frank Wolfgang Uellendohl, Architect Thrn/Fn PO Box 316, Greenport, NY 11944 tel 631-477-8624 fox 631477-4997 e-moil: fuellend@optonline.net NUV202007 p Dated: 11 .19.2007 4 ' , ' i// 7 ZONING BOARD OF APPEArg_ RE: APPLICATION #6091 TO THE SOUTHOLD TOWN BOARD OF APPEALS Extension of an existing Accessory Structure for the Kabakov Residence in ''>'44ge 7 r t Mattituck a SCTM 1000-123-08-05 A public hearing concerning the variances requested by Ilya and Emilia Kabakov for an extension for their existing archival building took place on November 15, 2007. All Appeals Board members were present at the hearing. No evidence of opposition to the requested variances was brought to the attention of the Appeals Board either in written form from adjoining neighbors or verbally from the audience during the hearing. The purpose of this communication is to address the Appeals Board Members' concerns that were voiced during the hearing: 1) Could a separate accessory structure eliminate the need for a variance on lot coverage? Yes, however, a height variance would still be necessary to accommodate the large-scale paintings currently being produced by Ilya. I also believe that the requested solution makes the least impact on the neighborhood and landscape due to the wooded nature of a large portion of the property. 2) What is the nature of the hardship suffered by the applicants? The applicants live and work, that is, produce art on their property in Mattituck. It is necessary for all The parts of this operation to function together in this location: the studio, workshop, archives, and, of course, living. A remote location is not desirable as a support and repository for the art produced by the applicants, because each stage in the development of the art references and builds upon the other stages. Ideas from the studio require models to be made and archived. The archives and storage provide reference points for the creative process. Each part is integral to the process and needs to be in close proximily. 3) Will the addition be utilized as a gallery or for tours? No. This space is planned to provide space to archive large works of art, particularly paintings. 4) What are the future plans for the properly? It will remain a family home for Ilya nd Emilia's children who will also administer the archived artworks. Three Appeals Board members were able to view the site on November 17, 2007. • • APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) --- --� Applicant: FPS/4k UELtEtvPJAKC, Date Prepared: /24 b9- ccp I. For Demolition of Existing Building Areas � ' Please describe areas being removed: /C/A II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 30/ar 60' Dimensions of new second floor: /(/',q Dimensions of floor above second level: /(//q Height(from finished ground to top of ridge): 26 e Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: $/0 epasSiEitlr —St.9t3 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 9 3it) SF Proposed increase of building coverage: I. 90C SR Square footage of your lot: /03 OO& SF Percentage of coverage of your lot by building area: .04% P, oPO.SF17 V. Purpose of New Construction: 44.14/CES 92C #2E& %et,. A'Dor770evRL S r& E CP/9cE Ale 49 e6E se.Acs ,Caizior eees ,avt' /PA/4/71.066 VI. Please describe the land contours (flat,slope %,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 71/C PhreEery is / . r- A.0bawl/air' WD-D060 /N .492cP eFt92CPeea, e tleuSeOAI - &k YV5/r/&: iS /Dern ca-C ?V t•_ /moi7U6 a72,/Z. L r 15340.4 /A! /l&4v72 e, iL277r 694,2) I'.- Q.w se2E. 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 C _p ., Q - . FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes IIRtiNo B. Are there any proposals to change or alter land contours? XNo ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? /JO r /,(J FQOitJr 5.72.20 2)Are these areas shown on the map submitted with this application? YES Cl3/4 m 2 FPatic) 3)Is the property bulkheaded between the wetlands area and the upland building area? YC1i 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Y65 Please confirm status of your inquiry or application with the Trustees: tk7Et /Ort, /5 N goo'f2ofl TOP orea ),o and if issued,please attach copies of permit with conditions and approved map. 4.10 t/U,P1 -Piera:0,cJ D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/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? A/04/S (Please show area of these structures on a diagram if any exist. Or state "none"on the above line, if applicable.)REFEa M St7E p4aM I F. Do you have any construction taking place at this time concerning your premises? NQ 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? A/O If yes, please label the proximity of your lands on your map with this application. H. Please listyresent use or operations conducted at this parcel +2 /tc,VTJ/31_ -Mgt icy •fir of 6 S a!/ and proposed use �4t Lyn? �ENp� P&S 1i( 1•�les: exist _.I ngle-family; proposed: same with garage or pool,or other description.) !Iles: 09240 Autho Irrr'r a re and Date 2/05; 1/07 -.....„ • ••'•.: - . " .., •, , 4* ,;•-**1-4"';:.7.••'. ... -.. ...448#‘!....•''. -''' ' r- ' ••---!'"•. '. 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'4 .. . li. -.!..,1 ' ,,,ip , , -•---. -- . . .., - , -. ,.. . . ..., . . -... . . . . • . - . • . . • •1 ,., .-,... - :..--. . . ,. . . ir .. • — • . _, •. , . r i ,p- -.• ... . ••• " '•'.1zon•• -• ••- . 4. , .,,, 6.,.. 41 4 .. -; • . • '. ) . - ...••...-. ..... PA IZ11 te4 L_ LA) --C- ELGN,fro0 t4E..•41-1 1131.47 6, ; F)12.Ckk t‘e ES . ., -• . . . -• .:. — . - - :.'----• 4 *IP 7 _ .,. S ..,.,. i _. ._. ...., :., ... . •• . 1 - - . ....... • : , t • • ,, . •. ,... .._,, . . ‘..4 I • .. ... . I _ . - • • .... ' I • • .. .. . . 1 '—'114101604p4. . . I • . ' ,..., 4.t . •• _.,... . . . . "• • -: ,..... 1 . --• • -•4....,..•- .. 'Mr. , ' el,- . . ..• -• .„.'•_. . . • • :.11. - ' : (1(VE /0 L, ,,_. - /43 ?-s' TOWN OF SOUTMOLD PROPERTY RECORD CARD Gi` OWNER STREET j VILLAGE DISTRICT SUB. LOT e-r 1 1; & 4 T/\/cii._ r FORMER OWNER N E ACREAGE /i) f 4 , ,4 o a i(a , • t Y k, 1 N,!-{ S W TYPE OF BUILDING I . V/ .'G/N/6' f]n; ei /N / / e , .„ c 11 RES. a/h SEAS. VL. FARM COMM. IND. CB. MISC.` 'a9atea`t rl7� LAND IMP. TOTAL DATE REMARKS �� foopv L � � ( 0d 33 co 8doc /7 kco j rz y,�., 41 616 0 774e AI,9 DD ✓ 4//57-75, tap 1)96-L I 1-7514?4, 0- Ofk,n iiiw= -E-c-, •Ka` L At 4-v }- 57000D r . 12. Eco 1Boo / tail";/--- 1f/aa./a& - BP#a` $ 2 - c,t Stun ; c A:V, f, /c2ao GE /S600 BlI tG COBN 3/, je ,i/aa,9j, gP oa5/g8 aril N� �p E�p a ,_. f2 Zo'PA 19 Norm_ 2.41,6(eaoW 2 2 t$BBOy E 'JC-.r C?.z 2 r .tc. z ��G l r �/ / /: ; Cc2t rm 22, , re yQl_ue Peer re , ,Valve `t e, ), / / r `- '; Tillable6aloo RLi oo 3000 /101/07 062.5f, 8u1krteuu C( 5i2 " G /5( Tillable 2 3101'04 / ,f 30107 add;-her\ -fp sfNrav tif • Tillable, 3 Riq)C6 gP- N SiS add i},cos t00tneed 1ons - 0 Woodland Swampland v B ruylalokt, House Plot .o Total ' a4iAide Pt ' ��Y i 0 ■■■■NU■u■■■■■■■■■■■■ s-u ,o ■■■ �.. . . ■ .N■ ■■ I99C9a■ \440- C ,. 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W4 'took- 12cWer, ` � ' DbbmP� ®alle r "„t. loos / \: 3oX6O- O 7 gnct) \S to\$ 2 _y,‘,/ 6lgc w Srr ae+ ,f•-a r 3 a e/Coo * j2I I F? \A,t3 � - / Zrlo C7 (n �y + 2cPZ5- iAt \ col ¢. / ` 5625(/ =2675) t- 3co�' (°t 3 z�24�r zz4a3(z(x�5) 41/ 3 iiE�o..v...o t( !os! /..\--,4 /8 `aa 1%4 4 COLOR �� • �s� � ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ EnnIMMUNIMAMMEnn I. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ �� c" ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ' ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ r _r > Cl - ' a 1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 1,, , 4 .i _ ,, ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ TRIM e � — r . .� is •i _ 1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ _ _■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Low ` �� •■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ s� - ,■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ,,:: ,' 7 �::- ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ t ih 1■■■■■■■■■■■■■■■■■■■■■■■■■ ..k 1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ �1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ a. 1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 1■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 123.-8-5 1/07 1st 2nd ret y 3o.k aQ= s00 5.25 3I co Foundation c e Fin. B. Bath Dinette nn itenyy sion S'Q 96 FUL1L COMBO Basement CRAWL PARTIAL Floors Kit. �� ka1 = �SO , SLAB Extension Ext. Walls Interior Finish L.R. - - – on Fire Place Heat D.R. �xte.,s� Fa., s - - s3 a3 I/ .36x3 Woodstove BR. Alk _ — — Re-e-A n I, 3 9 3g Dormer Baths Deck 06se friar ganj gas 6R Dock Fam. Rm. 6 . cawt T 17'3a e / I I, - - ..a6_ 5__ -- — O.B. i/ // it 05.0 Pool Tota! -," -a--7316 ,2/05 XAJ5fl-KaV /0"/.3r--3 SEE SEC.NO.115 SEE SEC.W.115 SEE SEC.W.115 \ 4 • :! LN L Z LixE sec w. g E en Noe MATCH Z 7 Z \t d os P4 W / o. �% Yr s SFE SEC.No. / / 't Yi `11549 , ' / • HOIE OP t 0 '�. a. •is Lim,' 0 tut 4:44 //'' #O ;: . I,N 100A "bee- „ \ 0 \ I41 ^ ,�,. SEE . a. , =aa" OF fes' 441fre ,„,„.e..„n„. ° O yny.,, plirENt60. torosi J, ARE x e o`H,�o _Itspa"mss 6.w + f6 s lit OM, \it � ' '-'‘,AC� n zENo vW. \ ,�\er, \ j nEUP� w #i) Nir % 0 110\ ,. a: /1:------ 1 WIll \ "s •xuO 1.216 4 m, \ 25, O / 6 nb4c. O� \" litata001.111HS' /A3 a-ate * vet �D' AiED'° O 3 YO AO nalti.Ft � g • coPE�NIC .,, ..w —in, _0-- Leneen A — -- . sm..- ..L.� 'rt ..� NOTICE ..LE 4 Fed Properly Tax Service Agency ' nuts or m p Cd Pr Center rad,N, 11941 " iee :, ._ ran wow,...esoo MOGI _ p I '" 1000 TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following re applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:(631)765-1802 Planning Board approval FAX: (631)765-9502 Survey • _ p www.northfork.net/Southold/ PERMIT NO. Check t Septic Form N.YE.C. ,y Trustees steel ,�/�&zi 9/ Examined ,20 Contact: Approved 20 Mail to: t= :i — . Disapproved a/c /`_S Boas �!: ; #0 / Phone: 10e/ 4r/. /pio2f Expiration ,20 / • Building Inspector 7 2("' APPLICATION FOR BUILTQNG PERMIT l•C._, . .ftp Date /%9 ,200/ INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purposewhat so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. • (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder • Name of owner of premises -7-4V/9 ay all-1/Z/..9 ,t4 e9k0V (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /900 P,/.,K Mt/a CO /4/M77777/CK House Number Street Hamlet County Tax Map No. 1000 Section /23 Block 0'0 , Lot o. Subdivision FiledMap No. (Name) • • 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:, a. Existing use and occupancy CcO2flc -C 6/1/4-0/4J b. Intended use and occupancy en/94.08U/LfiJ/etJc. / 3. Nature of work(check which applicable):New Building v/ Addition v Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee lit 50 (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front j 4 Rear Depth Height Number of Stories 1 8. Dimensions of entire new construction:Front 30;2Rear 2 t Depth ( Height 25/ Number of Stories / 9. Size of lot:Front /62,SO? Rear "Seo;..9? Depth 64/, /4( 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated 2-+0 / 12.Does proposed construction violate any zoning law,ordinance or regulation?YES ✓ NO / 13.Will lot be re-graded?YES NO./ Will excess fill be removed from premises?YES✓ NO kA8.4e01/ 14.Names of Owner of premises ILY4 ENich9- Address /I,m/ Eq' ce/hone No.G31.29, 4993t Name of Architect tlll/iattC,4G�t 4( Address 4'e&%,pt /e%'Phone No 6✓ 49. gni Name of Contractor Address • Phone No. 15 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 MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO t/ *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. STATE OF NEW YORK) SS: COUNTY OF6#4, GVK t(gV/fif being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Aen(ri&r. (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. Sworn to before me this /62 day of It 20 D 7 ll/j N otary Pu lic /_ i Signature of Applicant LINDA J COOPER NOTARY PUBLIC,State of New York Te OEap res December 31 20. Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORA'ri P 3. f • A. INSTRUCTIONS i 106I 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section Con this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerks office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 23 - OB - 05 The Application has been submitted to(check appropriate response): Town Board Planning Board' I Building Dept. Ela Board of Trustees I 1 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) c -Permit, approval, license, certiliCa$on: Nature and extent of action: &-)c r Ecsio/v or AO de->l A3& Hct&GsoQY at-v c Wj EE Location of action: /� P €Piwe. MVC, h/A'Te f•C `/' 119s2 Site acreage: 2, .3$1019 Ac Present land use: OSS / Oet./ ,9 CL Present zoning classification: lZ-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: isc. /t✓K actt. 1Jp,gq EA .mg_ KA kDV (b) Mailing address: %a8 3/6 , 6:aaSsurere pct. 1/941 (c) Telephone number: Area Code( S2.3je) 495Z SG24 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No Vv If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. [1 Yes No 171Not Applicable Attach additional sheets if necessary --Panty 2-. ecfand preserve tis-toric and ithaeorogrcalresources ofiheTownes SoutTiolil See LWRP Section III — Policies Pa es 3 through 6 for evaluation criteria H Yes U No 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 No Not Applicable mc- 7'Qoposen tare U5i0/%J 4-11LL 1-PATCH Wit Ck1577a, eV/a 9i/u& /.t) til/DTHth'e/6/1T. /7 DOLS 'Orr 0.657Q0C-T' VISA LS it nit ESPY /,U ,94)7 14./Ay Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Page 8 through 16 for evaluation criteria I Yes No r Not Applicable 7714c aeY C777/U6, OLIZIa t4 z7 4)-71a seu I.1A7DO tl5b ,P tIZ14z/L y Attach additional sheets if necessary - Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -PoliciesciPages 16 through 21 for evaluation criteria R Yes No Not Applicable -77.7EP/ LUTA ,eU.UOFF 1.)1 Sc GDvTA//vep DX) n,- PROP lit& /3,2c9 D ' t S7710c770-,C) 45 .y&AL/Gy' GtJ07),0E0 - 7a--2/2A/.0 /6 Pi/V- Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No ry<Not Applicable • • • Attach additional sheets if necessary - Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes I I No I V Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III —Policies; Pages 34 through 38 for evaluation criteria. fl Yes No Not Applicable 'ni - P.20705627 ADDIn i is .4 auc-sevaY �P E- A/C L,/AUS , -CUO %�/a6 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. Yes I No LJ Not Applicable • Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Sout old's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec WRP Section III— Policies; Pages 47 through 56 for evaluation criteria. Yes I I No Not Applicable • • Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. .S�See eLLWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. — Yes No L11 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation� criteria. a I Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III— Policies; P ges 65 through 68 for evaluation criteria. I Yes No Not Applicable • Created on 5/25/05 11:20 AM • •••• • OFFICE LOCATION: �Oy�OOF 50114 . MAILING ADDRESS: Town Hall Annex • � 4 4 P.O. Box 1179 54375 State Route 25 ; 4[ * Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Southold, NY G 0c. Telephone:hone: 631 765-1938 1 Fax: 631 765-3136 'et yOOUNTV V-0 � ay ♦ t LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM SW3ddV AO OWOS To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals ft Pt 130 From: Mark Terry, Principal Planner int MEM LWRP Coordinator Date: October 24, 2007 Re: ZBA File Ref. No. 6091 (Kabakov) 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 department, as well as the records available to me, it is my recommendation that the proposed action is exempt from review pursuant to Chapter 268-3, F. Exempt Minor Actions, item F which states: MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] The proposed storage building is located beyond 100' from the wetland boundary or regulated natural feature, as per Chapter 275, Wetlands and Shorelines. MT/hkc °COUNTY OF SUFFOLC 1.1 . RFC Nof . �� o STEVE LEVY 2p 6 X00? SUFFOLK COUNTY EXECUTIVE N�Nc goo DEPARTMENT OF PLANNING �' FjSLEs,A P DIRECTO' : NING October 31, 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) Rand 6085 Argent 6086 Solinger 6087 Hamilton 6089 McNulty-Diller 6090 Kabakov 6091 Witchzak 6092 Hinden 6096 Hume 6097 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 • /t_, • rr' pF SOO ELIZABETH A. NEVILLE rrr�** y�l Town Hall,53095 Main Road TOWN CLERK tIy~ : P.O. Box 1179 T REGISTRAR OF VITAL STATISTICS 4 i Southold, New York 11971 T w 1` Fax (631) 765-6145 MARRIAGE OFFICER @ 1 RECORDS MANAGEMENT OFFICER : * ,,p�0 1 11 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER l el southoldtown.northfork.net yMUNT1� rr e Ns ,,,r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville m DATED: September 28, 2007 RE: Zoning Appeal No. 6091 Transmitted herewith is Zoning Appeals No. 6091 of Emilia Kabakov- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is an Authorization Letter for Frank Uellendahl, R.A. to file on the owners behalf,Notice of Disapproval, Application for Building Permit, (2) Site Plan, (2) Survey, Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, Town of Southold Property Record Card, (10) color photographs of the residence, Proposed Floor Plan and Elevations and (3) newspaper article pages about the owners. • I PARR AVENUE ' ' ' *SOUTH R04 N Bey'M" lez.5J' ww sHr 5,• r •°°I How SURVEY OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY , N. Y. 1000-125-08-05 2 yii, SCALE: 1" 8 50' 00 'o j 5 3 F 3 ; DECEMBER 8, 1998 bb SiK o o y E a W \cTi I S• _y 71 by N , N � I31I M b>y n ilO O b A 9r P • n d ' q 86 • 1 a / b 5'1 l tins /0„, •_Ipw3YLNT NOM'LLANMYBER�ER TO TTPoNI PAM,RKNOWN AS A Aldo IIP 8/ LOW SITES'FLED N THE SVYOLN COUNTY / CLERKS C[TK'E W NOT.I./005 AR WP ha.JO /t / A AREA - 103,058 sq. ft. or 2,5659 ao • I5 8612100'W 1- 5.45' `EOE MFW a9 88'10']8 W 158.7Y 5 3']Y00"W S~,P• ^� + ANT ALTERATION OR`WIII071 TO PSIS SURVEY IS A NCLA PONOE SECTION 7109 Orpw./ OltU �,Sy' �, a .0 <9618 THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7.209-SU8017500N) ALL CERTIFICATIONS • .uS°•Wmw (576) 765 - 5 20 • HEREON ARE PAM TOP ISN NAP AND COPIES r REM 07µr IE RR ° 5AW MAP M COPIES BEAR [IMPRESSED SEAL M M[SURVEYOR P O BOX 909 *PSI SIONATARE APPEARS NER[ar. CREAT PECONIC BAY Iz.]D TsavcLN s p , SOUTHOLD, N.Y 11977 I '9EA-3/� 5 • jzigDgI r • • a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of ZR a E. kABAko v AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- /23 - 6 - .S X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 11?/1 sae/l44lesiding at X23 L1-144ol Ale , freeapent New York, being duly sworn, depose and say that: On the ` #d day of kt 9, I personally mailed at the United States Post Office in L�l�(,eGir New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES FED, true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv,te street, or vehicular right-of-way of record, surrounding the applicant's property. II II /4 IV'(Signature) Sworn to before me this oci day of Oc 1-0,34.-- , 200 7 DEVON J.IAIISSIIR n/ Notary Public State at tiers York I /j qulified k l ou 11 t_ Commission Wins sentonbor5,20 1 (Notary Publiq PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you, __ _ __ 7 U.S. Postal Service p CERTI,FIED MAIL RECEIPT H (Domestic Mail Only;No Insurance Coverage Provided) `_ For delivery information visit our website at www.usps.com L USE , to e'0944 7 Postagei -- Certified Fee '$2.6 og9li\ p RReceipt Fee I P U.S. Postal Servicr, pO (Endorsement Required) 2007 e Restricted Delivery Fee t M1 CERTIFIED MAIL., RECEIPT ED (Endorsement Required) Illt.00 a ru (Domestic Mail Only;No Insurance Coverage Provided) ru .... gar .A ru Total Poe. 8 Fees G t -A al it x 1;( ".- t r For delivery information visit our website at www.usps.com., CI Sent To i s� 1 L vvt tee ,5 r Er Keir F O Street,Apt No; �� 7 Ln Postage $ 10.41 SN P �. O- or PO Box No. GG✓a./ /jJ�,Cs � �(L\944 Cly,Staten ZIP+4 �s� rneec D, J I nD /�-- 11 O Realm Receipt Fee Certified Fee • I �j, PoeMerk 9' PS Form 3600 nu ,2ao6 SeeeRReverse for Insttrru7mions 0 (Endorsement Required) $2.15 � ?raw usp Restricted Delivery Fee l- p (Endorsement Required) $0.00 RJL' U.S. Postal Servicer, fU Total Postage&Fees $ $5.21 1 o 7 CERTIFIED MAIL,. RECEIPT Sent To gD m (Domestic Mail Only;No Insurance Coverage Provided) p R. 't C41/3004.1 N Street,tet ., PC ,00( /223 N For delivery Information visit our wpe�bsite at www.usps.com,�; &me Box No. �j�/ �)// r fg !n A City.State,ZIP+4 A/4/r �7.. c/ tote /!992 11.1i Lf) 7 Postage $0.41 PS Form 3800.Augist 2006 See Reverse tor Instructions RICertified Fee $2.66 C', 9 'A )99t\ p CI Return Receipt Fee Po B ' (Endorsement Required)CI MT T 2 1 200Eere I it Restricted Delivery Fee / p (Endorsement Required) $0.11 , ru a ruO Total Postage 8 Fees a9424 Int r Sent To CI SILL ei9We Qtr2P5 "Wets?11/4ux O Street,Apt.No.; /, M1 or PO Box No. P(/ /I. 1� City,State,ZIP+4 /./n w`�L e -vie /192_ PS Form 380.August 200620See Reverse to,Instructions U.S. Postal Service,, CERTIFIED MAIL,:, RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) u7 m For delivery informationist our website at www.usps.com,it m Ln Postage $ $0.41 0944 7 �� Certified Fee r; g6 ru Q44'l '/¢o Return Receipt Fee 1 ,4 o (Endorsement Required) $2.15 H p Restricted Delivery Fee 50.AGT 23 2007 fr ' p (Endorsement Required) Total Postage 8 Fees $ .21 10/23/ T ci licpS t` Sent To 4,1C/4C/ kI2005tti Al4441121)9— CI • CI Street.Apt.130.; �or PO Bax No. /613E 0tevE M1 1,Z `p 011 kWy City,State,ZIP+4 te _, >...A H tIV.Y 1 � PS Form 3800.August 2006 `� See Rovaso tm inssirucllons I. • I 1 • • 123.-8-4 Edwards,William P. Wallach,Amei P O Box 1426 Mattituck,NY 11952-0994 123.-8-6 Cubbon,Robert J. Cubbon,Gladys H. P O Box 1283 Mattituck,NY 11952 123.-2-32 Knudsen,Ann L Mgmt Trust 168 East Beverly Pkwy. Valley Stream,NY 11580 123.-2-33 Schwed,Roger E. Dukess,Laura 225 W. 106`h Street,Apt 11A New York,NY 10025 . • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT /4 '41/ fi l,a2 knBAkOV OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- /23 - OB - a5 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,_ k. G7e//ena7a%/ residing at /23epi, h' /4/C, i-7?h i , New York, being duly sworn, depose and say that: On the,c& day of '('fl)6b61ker 02-I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;" and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was sh(' ii o be "/j// /6/70 I r (Signature) Sworn to before me this 1Wei day of Awaij o ; 200 A. !IL"I IP'AMA 1 urs I ...-geatrIU .OTA TE OF (Notary 'ublic) NO.OI�AININ7tNEYIIVON 12.,__Ep NI SW CI,K COMITY weaaFFIES NOV a24L *near the entrance or driveway entrance of my ',minty, ac the area-most visible to-passersby - - ap 1 I 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Sig n • Item 4 it rRestricted Delivery Is desired. P//jam s�� O Agin • Print your name and address on the reverse X �G�Les. aGCy�'�Addressae so that we can return the card to you. B. Received by(RIMS/game) A C. Date of Delivery • Attach this card to the back of the mailpiece, f or on the front R space permits. I_ m rel,-2--^'a , D _ :.4 different from Rem 1? 0 Yes 1. Article Addressed to: , address below: 0 No j 4 MA-rei G!/ ctQCt'- I �j ...moor I hAril7UCC .L.1 V//9C ■ r:. Mag 0 Express Mall 1 / I /;/� • 0 Registered 0 Return Receipt for Merchandise 0 Insured Mag 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 res 2. Number 7007 0220 0002 4529 7634 1 mintier from serNce kb i PSForm 3811,Februari PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT 102595.02,M-1540 _ OF THE RETURN AODgE55,FOLD AT DOTTED LINE SENDER: COMPLETE THIS SECTION COA7PI LTE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete ' Item 4 R Restricted Delivery is desired. 0 Age i • Print your name and address on the reverse 'I/,j. I r/AIS Agent Addressee so that we can return the card to you. - - - ill C D , of,,.very ■ Attach this card et the back of the mail lace, or on the front R space permits. P i / Io f v 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: 0 No 1 Efi I -0921y /'U 6ta- /2.03 3. Service Type F }�r� // / 0 Certified Mall 0 Express Mall /4,pniac /�Y `4952_ 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Tiansfer from 7007 0220 0002 4529 7627 Ps Form 3811,amemissisgia 1025e5e2-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE r His SECTION ON DELIVERY 1 • Complete Items 1,2,and 3.Also complete A Signature Item 4 R Restricted Delivery is desired. / 0 Agent Iso▪ Print your name and address on the reverse .. ' 0 Addressee 1so that we can return the card to you. C. Date .= ■ Attach this card to the back of the mailpiece, - of I 1or on the front R space permits. 1. Article Addressedleto: D. Is delivery address different from Item ? 0 Yes IR YES,enter delivery address below: 0 No Afrai 1<0&Z 6J .t16b-rf 721)S7- /61e3E tasLLy Pew 3. Service Type 0 Certified Mall 0 Express Man (Meier /J7. rc. at / i 0 Registered 0 Retum Receipt for Merchandise i,rtccCC (� /'7C 0 Insured Man 0 C.O.D. ',A �r (/✓� 4. Restricted Delivery?(Erne Fee) 0Yes 2. Article Number (Transfer from 7007 0220 0002 4530 3526 PS Form 3811 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT 102•5-02-M-1540 1 — . . n OF THE=E IN A!"E -.Fp1•ATJIOQE• INE .. _. i 1i • A A SENDER: COMPLETE THIS SECTION COna'le R THIS;LC TON ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery Is desired. '11 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. D. Received by(Printed Name) C. Date gs�iv • Attach this card to the back of the mailpieca, f7s or on the front If space permits. ��r 1. Article Addressed to: D. Is delivery address different from Item 1? Yes If YES,enter delivery address below: 0 No as Cc.ati q4-F)44/,2 Z2O t�7 2 s /0,6 5 3. Service Type 0 Certified Mall 0 Express Mall r Fl A 0 Registered 0 Return Receipt for Merchandise 2/ssi ? i ti y AclJ gg 0 Insured Mall 0 O.O.D. 4. Restricted Delivery?(Fxha Fee) 0 Yes 2. Article Number (nae:derfrom sang 7007 0220 0002 4529 7610 PS Form 3811,F tazsesm.r,>-tsnq; ,Ci4L5 1}K7wV /0r,3-K-.5 SEE SEC.I10.11S SEE SEC.11).115 Z — z W \rt.. Oil ---_, . /,. Mg s , 5 . �� ¢we HOLE UP c e MMM NP V4.NI . ±:-..., SEE YC.W. te C�� 4" �W1 O U�LL`` qt. mtt. OF 110)k• e i.«�,ouxww CREErt e. ttA o !1SvtriL:-."-zs.A.:0..:;‘.;-,.. 5 IALL� \ � ‘„ , .1. :::\:;\\\:',',,,:\.,\,\::::,,,,,‘„, ', :\-\\ .111:11):: :: � \ \\ 111 )f z__5_. \ \ \ \\ IL '/ itos\ 9 \ . ` \ VIN' , \ y \\ � \\ �\\ /. A3LL�� _ iroit.‘,.. ® / liv." y�LLO O �SIIO\� \\ daii wii �, is 3 -02'3 3 . er:3-94- 0 ,1----- ��®k®�� EcpHIC BpV . GREAT PQM �—4- ''''"`"^'" i i �� _O- ., ""'" --"— ;;; 0 Office Location: • ,,'�•,, %OFFOL1fCO USPS Mailing Address: jit Town Annex/First Floor,North Fork Bank Dy 53095 Main Road 54375 Main Road(at Youngs Avenue) w aPO. Box 1179 ^� Southold, NY 11971 t 4 �Q Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 December 14, 2007 Frank Uellendahl, Architect P. O. Box 316 Greenport, New York 11944 Re: ZBA #6091 Variance application (Ilya and Emilia Kabakov) Dear Mr. Ltelle dahl: Transmitted for your records is a copy of the Board's December 6, 2007 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, gal Linda Kowalski End. Copies of Decision to: Building Department Town Clerk (Original for filing) kiuMKov / � - 42_3t 7� VpRR- AWE /YI i9T/iU7 G� �e9OQ/ -R' s//9xTs w A5 £o/hi" ,*a/nxr7 ExtC c 11°C--y 94t4G- ' 02o0-/5-6 , as' he/Gx " t as Fm s il;l& AvelEeTy hoc 02Fb 1Se Argy,- -6/ 4 oc-Pd' /`DIAL /Ti's/z&-- 1447-4, s/zaJ4 /07-b a2-1/-4-1,c 60 sku u/e K J ab- &AL otic fi,c ' o a (9 r Emilia Kabakov 1700 Park Avenue Mattituck, NY 11952 Tel: 631 298 6530 AUTHORIZATION Submitted to the Southold Town Board of Appeals I, Emilia Kabakov Owner of the property located at 1700 Park Avenue in Mattituck, NY 11952 do hereby authorize Frank Uellendahl, R.A. to sign and submit any applications for variances regarding the requested storage building on my property on my behalf (C.)/ 6-------,___Th (Owner's signature) 9 ` I P 2, 6 1,007 *,09,1 ,aexM.� 4ar �: h17s k1VSACTIONAL DISCLOSURE E FOI q"'•,.4 ° ,, � CA] TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers it and employees. The purpose of this form is to provide information, which can alert the Town of ax= possible conflicts of interest and allow it to take whatever action is necessary to avoid same. .4.., (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) G Variance 4°f ` : w, Special Exception 2007 *Other SEP Approval or Exemption j O51 from plat or official map ( 5 1�6� .f ' Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or erne lo ee owns more than 5% o '- shares YES NO \.7 If you answered "YES", complete the balance of this forth and date and sign where indicateeL Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her.spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this2 .6 day of jp Signature: L�_ Print Name_ �Ll4; ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9 / 27 /07 ZBA# NAME CHECK# AMOUNT TC DATMP(,_ 6091 Kabakov, Emilia 6917 $600.00 SEP 2 7 2007 geethcld 7 mto cierk TOTAL $600.00 By Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/27/07 Receipt#: 6917 . Transaction(s): Reference Subtotal 1 1 Application Fees 6091 $600.00 Check#. 6917 Total Paid: $600.00 Name: Kabakov, Emilia 1700 Park Ave Mattituck, NY 11952 Clerk ID: MICHELLE Internal ID 6091 , PAR AVENUE "SOUTH ROAD" N 86'57'00" _ 162.50' GRANITE SR.F FE \ FE SRF MON U 4'N 628.00' 0 2'S ki1 t. 1 ® p^r 0 ; '2, ..b \--K) Vi 5 r a "FE8W - Z V V 173 4 u \ 6a,' ?) rD K m ` ro 290' ° N f 1 N ri- 1r1 1 St3O`G' N O' —�— to tr. _ _ ONW. . ci - 11-- " ttiJ 1� r g 5/ 3/ , sS .2';196 0 0/ fr, &d ag°nary tf9 e \ SRF w ell / stoneso11 1 1 0TE: LOT NUMBERS REFER TO MAP KNOWN AS ¢ \\ "PLAN OF MARRA TOOKA PARK, BAY LOTS AND / BUNGALOW SITES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON NOV. I, 1905 AS MAP NO. 450 / W brick1\ 0' . O 0) 18 3. Polio 23 8' , j N / .---` 10 r j N 21 3' ,J ,o 0 ' d? 13 1' cn / u • 38 1' • L 1 ac 2 sty. 38 4' °'- fr. hse. 54 4 ro \ , 4.R.EA = 103, 058 sq. ft. ill - \\ o'1 -v tE�' , 1 ,t or 2.3659 etc -F L /� `_:"f to. of book S UR VE Y OF PR OPER T Y t 4 a `� A T IIIA TTI T UCK _. . 1„......=d,...._1—"=-- l< ad /- TOWN O1' 0 UTll OLL its deck I..--Vil W 0 0 E■ _r_ wood, bulkh.;.ad �\ UFFOLK COUNTY , N. Y. �---- 86'40'20' w 156.77'' - 1000-123-08-05 SCALE: 1" = 50' DECEMBER 8, 1998 woo jetties ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE IIEW YORK STATE EDUCATION LAW. M li W M ALONG BULKHEAD EXCEPT AS PER SECT/ON 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR GREAT PECONIC WHOSE SIGNATURE APPEARS HEREON. __ R Town of.Southold - Lettei Boarc eting of January 16, 2007 },r �` � �1 ' �� 2 RESOLUTION 2007-127 Item # 45 *. ADOPTED DOC ID: 2544 t THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-127 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and it is therefore RESOLVED that this action is CONSISTENT with the LWRP; and it is further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2 of 2007 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods, These changes will Generated January 22, 2007 Page 65 • Town of Southold - Letter Boar( eting of January 16, 2097 d reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT OR MANSARD ROOF—Any roof that has a pitch of less than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs -.-: - -- •• -•- - - - - -- - -• : • -: ridge for other type roofs. , and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF—Any roof that has a pitch equal to or greater than 3:12. § 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. -ueh Buildings with a flat or mansard roof shall not exceed eighteen (18)sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height Minimum Setback-side and/or rear (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 –59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 Setbacks. {Amended 7 17 1990 by L.L.No.4-1 19-}0; 2 5 1991 by L.L. No. 2 1991] Generated January 22, 2007 Page 66 � Town of Southold - Lette ` . ' Boar' _ aeting of January 16, 2007 • • e - . . -. . . eee -- � - :c set bac-lc—no-less-than three (3) feet from any lot line. a ... - -. . -- , . . .. . .. • ••• . .. - .. . . . . • . . . . - •- - . . -- •c(79,999) C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings up to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height, and shall be set back at the minimum required in Section B above. . E.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Section B above. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. ,Z?exAdVav Elizabeth A. Neville Southold Town Clerk Generated January 22, 2007 Page 67 N Town of Southold - Letter _ Board ting of January 16, 2007 • • RESULT: ADOPTED [5 TO 1] " MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans NAYS: Scott Russell Generated January 22, 2007 Page 68 iii.... Office Location: I�tiisio 1111. �oFFO( _ /,,or\Ou ��o - USPS Mailing Address: Town Annex/First Floor,North Fork Bank ,� c y1; 53095 Main Road 54375 Main Road(at Youngs Avenue) v� _ P.O. Box 1179 Southold,NY 11971 Vb *' 0 Southold, NY 11971-0959 --•... ..,0' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 18, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6091 Kabakov Action Requested: Oversize Structure and Side Yard Setback Variances Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures Office Location: , VFFO ',�,O�Q$ `� __ �,0 USPS Mailing Address: Town Annex/First Floor,North Fork Bank c� 1; 53095 Main Road 54375 Main Road(at Youngs Avenue) te� 2 P.O. Box 1179 Southold,NY 11971 ;py ��,��t * +a0Southold,NY 11971-0959 'JJpl .16� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809, Fax (631) 765-9064 October 18, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. 6091 (Kabakov) Dear Mark: We have received an application for additions an as-built garage at premises on Peconic Bay in Mattituck, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. By: i1CiTE 6F HEARINC The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: FAME : KABAKOV, I . & E . #6091 MAP # : 123-8-5 APPEAL : Height & Side Yard Setback Var. REQUEST: Additions to Accessory Building DATE : THURSDAY, Nov. 15 , 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD-TOWN OF SOUTHOLD 765- 1809 ZONING BOARD OF APPEAL:, MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 16, 2007 Re: Town Code Chapter 55 — Public Notices for Thursday, November 15, 2007 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October 23rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ' area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than October 24th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 5": please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to November 15. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. N— 0 itil I,Si . ci I=di t I= Town Sautfiald ZBA <0.' .... Q App, Name O Tax Map 0 File No. :0 1I SEQRA , LiUnliste i Search: Board Member Ruth D. Oliva ❑ Other Hearing Time: 10:16 P M File Number: 6091 i .-8- Tax Map: 1235 App:Name: !Kabakov, Emilia Received Date: /26/20075 Tot. Fees: $600.00 • { t . .. ', Date forwarded to Town Clerk /27/20071' ��Hamtet Mattituck i� Type Residential ,. tone _. _. Status New Action: Meeting Dates Building Dept. 1'1Locat�on '1700 Park Avenueg Meeting Date ND Date 11711/56-67: <ShorCHearing Date 1 ND Date 2 Adds/alteration &"as built" add/alt. to existing acct' i I i,Desc.: garage; 280-15B; 25' height&22' from side prop. Hearing Date 2rt, ND Date 3 `; COPY" `I ,Iine, 280-15C, accy bldg. 5.80% of total lot size , mm;= Hearing Date 3 ND Date , Hearing Date 4 ND Date 5 £'Notes . Hearing Date 5 ND Date 6 1 Action Date: , ND Date 7 w 19/26/2Q07 13 23.E 1 cAPS INUM ,1 Developed by the Southold Town Data Processing Department-, '