HomeMy WebLinkAbout6057
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Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
.
Mailin~ 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
APPIOALS BOARD MEMBER'
James Dinizio. Jr.. Chairman
hllp:/ /southoldtown.northfork.net
RECEIV;:O
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765.9064
SEP 4 2007
a,,:;tdJa I:
~Inlild TC!Vln Clerk'
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 16, 2007
-tJ
ZB File No. 6057 - RUSSELLL E. PLANITZER.
Property Location: Ocean View Avenue, Fishers Island
CTM 9-11-3.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the south side of Ocean
View avenue on fishers Island. The property is improved with a dwelling, garage and swimming
pool, situated near center on the premises as shown on the 10/31/2002 survey prepared by
CME/CPK Design Group.
BASIS OF APPLICATION: Zoning Code Section 280-15, based on the Building Inspector's June 8,
2007 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling,
which, as a result, would change the conforming rear yard to a nonconforming yard for the existing
swimming pool construction.
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 July 25, 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: This application is exempt under Town Code Chapter 268.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 2, 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 proposes to build an addition to the rear of
the house, the result of which will be that an existing swimming pool will be located partially in the
side yard.
Page 2 - August 16, 2007 .
ZB f.'i1e No, 6057 - Russell E. Pia er
eTM No. 9-11-3.1
.
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 placement of the pool was entirely in conformity with
setback requirements at the time it was built. The proposed construction of an addition to the
dwelling is also in conformity with setback requirements.
2. The variance sought is not substantial. The effect will be placing the pool partially in the side yard
without moving it from its present conforming location.
3. The benefit sought by the applicant, to construct additions to the dwelling, cannot be achieved by
some method feasible for the applicant to pursue, other than an area variance. The alternative
would require either relocating the existing conforming pool or placing the addition in a less
appropriate location, such as the front yard.
4. The difficulty with respect to the pool and extension has been self-created only to the extent that it
is the result of a desire to construct an addition at the rear of the house.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of his property, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by
Member Weisman, and duly carried, to
GRANT the variance as applied for, as shown on the 06/18/2007 site plan prepared by
Richard H. Strouse, L.S.
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, Oliv Goehringer, and Weisman. (Member Simon was
absent.) This Resolution was duly ad ted (4- .
/2007
06-09-2007 08:22
50UTHOLD 8UILDIN1IIfPT 16317659502
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PAGEl
TO: Stephen Hamm (Planitzer)
38 Nugent Street
Southampton, NY 11968
FORM NO.3
NOTICE OF DISAPPROVAL i JUN I 2 2007
i ,~?
DATIS:June8,.4007 .
Please take notice that your application dated June 5, 2007
For pemlit for a additions and alteratiolls to an existinll sinl!le family dwelling at
Location ofpnlperty Ocean View Avenue. Fisher's Island. NY
County Tax Map No. 1000 - Section .2
BlockJl
Lot~:?>. \~
Is returned herewith and disapproved on the following groundS:
The oroDosed construetiog. on this conforming 2.33 acre lot in the R-80 District is not permitted
Dursnant to Article TIT. Section 280-15. which states that accessorv buildings and structures shall be
located in the reo uircd rear yard.
The proposed construction will result in the existinl!: swimmingnool in a location other than the rear
yard.
This Notice of Disapproval is based on a SUrVey dated 10/31/2002 from CME/CPK Desil!"D
Grou recei South old Town Buildin De artrn to Ju 6 2007.
,
Damon Rallis, P
er
cc: file, Z.BA
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
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~.LA- f . COUNTY OF SUFFOLK
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STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISlES, AICP
DIRECTOR OF PLANNING
July 25, 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 oflocal determination should not be construed as either an approval or disapproval.
Applicant( s)
Municipal File Number(s)
Grebe
Reinken
Dickerson
Bulis
Dey
Planitzer
Seifert
Avdoulos
Girzadas
Lampl
Casey
6043
6052
6053
6055
6056
6057
6059
6060
6061
6062
6064
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R. Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(6311853-5190
TELECOPIER (6311853-4044
..
APPLICATION TO~E SOUTHOLD TOWN BOARD J1-!~s...-
For OffICe Use Only
Date Assigned/Assignment No.
-~
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,
Fee: S JoiJL Filed By:
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Office Notes:
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House No. no II Street Ocean View Avenue
Hamlet Fishers Island
SCTM 1000 Section~B1ock-1LLot(s) 3.1
Lot Size 2.32 acres Zone R-80
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED June 8. 2007 BASED ON MAP DATED October 31. 2002
Applicant(s)/Owner(s): Stephen L. Ham, III / Russell E. Planitzer
MailingAddress: 38 Nugent Street, Southampton, NY 11968
Telephone: (631) 283-2400 Fax#:(631) 287-1076 Email: matthamesq@aol.com
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:
Applicant is Owner's Attorney
Name of Representative: Stephen L. Ham, III for(x) Owner, or ( ) Other:
Agent's Address: 38 Nugent Street, Southampton, NY 11968
Telephone (631) 283-2400
Fax #: (631) 287-1076
Email: matthamesq@aol.com
Please check box to specify who you wish correspondence to be mailed to,from the above names:
o Applicant/Owner(s), or Iii! Authorized Representative, or 0 Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 10/31/02 and DENIED
AN APPLICATION DATED 06/05/07 FOR:
it] Building Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
DOther:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article III Section 280- 15 Subsection
Type of Appeal. An Appeal is made for:
I! 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 Section
o 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 /hi< question or caU our office for
assistance.)
..
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.
/;0.[7
,
Name of Owner:
ZBA File #
REASONS FOR APPEAL (additional sheets mav be used with oreoarer's sil!1lature ):
ARE4 VARIANCE RE4S0NS:
(1) An undesirable change will not be produced in the CHARACfER of the neighborhood or a
detriment to nearby properties if granted, because: there will be no change whatsoever in the
location of the swimming pool and the addition which will render the pool in a
nonconforming location will itself satisfy the zoning setback requirements. A
variance is necessary only because of Code definitions.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because: the swimming pool already exists in
its current location and it would not be economically feasible to move it just
to satisfy a zoning requirement.
(3) The amount of relief requested is notsubstantial because: although the swimming pool will
ultimately end up in a side yard, it is not being moved from its current location
and it is still essentially behind the principal dwe'ling, though not technically
in the required rear yard.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: the new addition conforms to the zoning setback
requirements and the swimming pool will remain in its current location.
(5) Has the alleged difficulty been self-created? ( )Yes, or e")No.
Are there Covenants and Restrictions concerning this land: @ No. 0 Yes (oleose furnish coovl.
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 REQUESTED, AND PLEASE COMPLETE THE
A TTACHED USE VARIANCE SHEET: (please be sure to consult your attomey.)
4b:,/-l. ,'~ ~
Signature of Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this 11 th
~June '2.0~
~~.
Notary Public
Stephen L. Ham, III, as authorized
agent of Russell E. Planitzer
~
DEIRDRE S. VENABLES
NotaJy Publl~ StaIIIolNewY<llll
CluolilledlnSullolkCGIIIIJ
No.~ 0
MyColmL&jlIIII.it.W
B.ING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
3 sets of Building Plans
Planning Board approval
Survey
Check
Septic Fonn
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
TOWN OF SOUTHOLD.
BUILDING DEl'ARTME
TOWN;.RALL ~.. .' - (
, --"1\
SOUTHOLD, NY 11971 'I
TEL: (631)'745-111JI2
FAX: (631) 765-9502
www.northfork.net/Southoldf
,-,,-"~,-
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PERMIT NO.
Examined
,20_
,20_
Approve
'sapproved alc
JUN-6':7
~ f:] 1 Building Inspector
, '1
APPLICATION FOR BUILDING PERMIT
Phone:
Expiration
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Date --:f-.>,Jli: S"
2007
'-
INSTR1JCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
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 conunenced before issuance of Building Permit.
d. Upon approval of this application. the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector.
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not conunenced 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 South old, 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.
4'f..~ '''_ L. t+- , 1il:"
(Signature of applicant or name, if a corporation)
'3'& No).e-oJr' ST'A.E'li'1""'
ScuiM"",.nw, NY /I' "I'
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
AGe-NT' Fo" IL.JSSE"u.. ~. fc.,+,J, r7.lF'....
Name of owner of premises RvS"S'I1I.L. e. P...~,.,,'T"1:..lr'1t....
(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:
O~tJ VlcloJ ^va-Jvt:
House Number Street
FI~Ita.s ISI..J'tl'iP
Hamlet
.':' ~
Lot 003. tJO I
Lot
County Tax Map No. 1000 Section b01.00
Subdivision tV I flt
(Name)
Block_ll.co
. Filed Map No.
2. State existing use and occupancy of premises and intended use llI!d occup~ncy of proposed construction:
a. Existing use and occupancy ~,-jjq - ~."" ,u-t'.I.-... ....IL. po.'
. , .. .
b. Intended use and occupancy5~ - p..;. ~ fJt&.~<4 \Jo>.p. a.,J.I.tw:. ~ ,-00 I
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
. 1'0 IJ8 s...,.,./o,~ ,r>l
4. Esttmated Cost c. 4,,,.."'H'~ Fee
. Addition , X
Other Work
Alteration
(Description)
5. If dwelling, number of dwelling units
If garage, number of cars
~o.oo
(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 Number of Stories
Rear
Depth
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear
Depth
9. Size oflot: Front
Rear
Depth
10. Date of Purchase
Name of Former Owner
-II. Zone or use district in which premises are situated
R-~D
12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO_
13. Willlot.be re-graded? YES_NO L Will excess fill be removed from premises? YES_NO ~
Phone No.
Phone No
Phone No.
14. Names of Owner of premises
Name of Architect
Name of Contractor
Address
Address
Address
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 ~
* 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.
Ml'iS ,toIG 7)AT4 WlI..1.. BE" SUPP'-If:!> WI-J~'" Fc)"~-tI..."''''''l.I CAllo.v'
STATE OF NEW YORK) j,.,h n+ PI..t4"'f IS "11-J>e.
SS:
COUNTY OF Svfi=o~ )
$TCfH6.I L. If~~ I 'ilL being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
A(4e'f'Jr
(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
~ fit day of :f.."'6" 20 b 7
~Y.~~
Notary Pub! c
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Signature of Applicant
KATHRYN A. BOUTCHER
HlJIa,y Public, State of New YOItI
No. ,oIB05085189. Suffolk Cou~
,\:omIlllSSlon ExPIres Stplember 15, ~ r.
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Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBAReference)
Stephen L. Ham, III, as authorized
agent of Russell E. Planitzer
Date Prepared:
JUN 1 2 2007
. -IF-idJ:51
Jun" "U!I . 2Wl.
I. For Demolition of Existing Building Areas
Please describe areas being removed: south wall of kitchen, kitchen cabinets and appliances,
east and west walls of TV room, plumbing fixtures, staircase in garage, all windows and
doors, interior and exterior finishes
H. New Construction Areas (New Dwellin" or New AdditionslExtensions):
Dimensions of first floor extension: 4'x24"6"; 20'6"x28'; 26'x29'; 17'6"x4'8"; 14'x4'8"
Dimensions of new second floor: 26'x29'; 17' 6"x4' 8"; 14 'x4' 8"
Dimensions of floor above second level: no change
Height (from finished ground to top of ridge): 39' 0" +/-
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: 2 ' 3" + / -
HI. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: three floors: three-bedroom wood framed
residence, with breezeway connection to detached gar~with playroom above.
Number of Floors and Changes WITH Alterations: three floors: expanded kitchen, new living room,
study, master bedroom suite, widened breezeway, new deck, new garage staircase, and
interior renovations
IV. Calcnlations of bnilding areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 5,270 sq. feet (5.2% lot coverage)
Proposed increase of building coverage: to 6% (c. 15% increase)
Square footage of your lot: 101,060 sq. feet
Percentage of coverage of your lot by building area: existing - 5.2%; proposed - 6%
V. Purpose of New Construction: renovation of existing house and provision of
additional living space
VI. Please describe the land contonrs (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code reqnirement(s):
none
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
.
.
JUN 1 2 Z007
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
UYes 1>1 No
B. Are there any proposals to change or alter land contours?
l'I No U Yes, please explain on attached sheet
C. I) Are there areas that contain sand or wetland grasses? no
2) Are these areas shown on the map submitted with this application? nl a
3) Is the property bulkheaded between the wetlands area and the upland building area?
nla
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jwisdiction? nl a Please confirm status of your
inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? no
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? no (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-<lwner also own other land close to this parcel? no
the proximity of your lands on your map with this application.
If yes, please label
H. Please list present use or operations conducted at this parcel single-family residence with pool
and proposed use single-family residence with pool and. addition
(examples: existing: single-family; proposed: same with garage or pool, or other description.)
SP, h L .rf<-.....
Authorized Silmllture atldPate
Stephen r.;.~ Ham, 1"1 , as
of Russell E. Planitzer
auhorized agent
2/05: 1/07
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617.20 : JUN 1 2 Z007SEQR
Appendix C t -'
State Environmental Quality Rev w +&cxs
SHORT ENVIRONMENTAL ASSESS~~NI.1:0RM?'~': .
For UNLISTED ACTIONS Only
,PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1...16-4 (9195)_18)(t 1%
I PROJECT 1.0. NUMBER
1. APPLICANT ISPONSOR Stephen L. Ham, III, as J 2. PROJECT NAME at Planitzer resid
authorized agent of Russell E. Planitzer Demolition and Addition
3. PROJECT LOCA TIOH:
Munlcl~.lIIy Town of Southold County Suffolk
4. PRECISE LOCATION (S1'8el addr.n and rGOId lnter:sectlons, Dlomlnent landmllkl. ItC.. Of provide map)
(no II) Ocean View Avenue, Fishers.lsland, Town of Southold, County of Suffolk
(SCTM No. 1000-009.00-11.00-003.001)
s. IS PROPOSED ACnON:
G!Now o E,(panslon o ModUleallon/alteratlon
6. OESCRISE PROJECT BRIEFLV:
addition to single-family residence following partial demolition
7. AMOUNT OF2~~ AFFECTED: 2.32
InlUally ..'os Ultimately .....
B. WILL PROPOSED ACTION COMPLV WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTIlICTlONS?
OVo. l':JNo It No. desorlbe brietl)'
proposed addition will result in swimming pool being located in other than
the required rear yard in contravention of Article III, Section 280-15 of Code
9. WHAT IS PRESENT LAND uSE IN VICINITY OF PROJECT?
l:l Relldentla' o Induatnal o Coll1mlU'cJa' o AgrlcuJlure o Po_orullOp.n apac. Dot....
O..cl'tbe:
Residential R-80 Zone District
10. DOes ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTlMAT!l.Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.,
STATE OR LOCAl.l?
I!I Yos ONO II va, lI.t all""CY(.) and pormlt/alllllO'llla
Town of Southold Building Department Demolition and Building Permits
". DOES Ar<Y ASPECT OF THE AcnOH HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Oy.. GNo 'f yea. U.t ag8ncy nalM and ptrmUl.pptaval
12. AS A RESULT OF PROPOSED ACTION WIll. EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
Oy.. KINo
I CERTIFY THAT THE INFORlotATlON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
AppUcantJsPGnsot n.me: OIle: June 11, 2007
Stephen L. Ham, III, as authorized agent
SI~nI.'ute: ~~~L~u~ell~Planitzer
nce
If the Bction 1s In the Coastal Area, and you are a state agency. complete the
Coastal Assessment Form bafore proc:eeding with this assessment
OVER
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APPLICANT
TRANSACTIONAL DISCLOSURE FORM I JtJN t 2 2007
(FOR SUBMISSION BY OWNER and OWNER'S AGENT) i -:tJ;; t!dJ61
I""", i
The Town of Southold's Code of Ethics prohihits conflicts of interest on the b8rtofTown'6fficefs' .~5j
and emplovees. The pumose of this form is to urovide information. which can alert the Town of
possihle conflicts of interest and aIlow it to take whatever action is necessary to avoid same.
YOUR NAME: Planitzer, Russell E.
(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.)
Tax Grievance
Variance x
Special Exception
If "Other",
name the activity.
Change of Zone
Approval ofplat
Exemption from Plat
or Official Map
Other
Do you personaIly, (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 partoership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YES NO x
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of South old:
Title or position of that person:
Descnbe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through 0 (below) and/or descnbe 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, partoer, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this 11 th day of June, 2007
Signature: ~l-.. (.. ./-Iz.- ;ll;
Print Name: Step en L. Ham, III, as
authorized agent of
Russell E. Planitzer
<
.
.
.
Russell E. Planitzer
845 United Nations Plaza - Apt. 47B
New York, NY 10017-3540 '
July I'] , 2007
Board of Appeals
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Application for Variance at Premises
at Fishers Island, New York
(SCTM No.1 000-009.00-11.00-003.001)
Dear Board Members:
The undersigned, Russell E. Planitzer, as owner of the referenced premises
situate at Fishers Island, New York, hereby authorizes Stephen L. Ham, III of Matthews &
Ham, 38 Nugent Street, Southampton, New York 11968, to act as my agent in making
such applications to your Board and in taking any and all incidental actions in regard
thereto, including without limitation, completing and executing the required forms, giving
any required notices and appearing at any public hearings, as he shall deem necessary
or advisable in order to obtain approval of a variance or variances and such other relief
as your Board may deem just and proper with respect to such premises in accordance with
the Site Plan prepared by CME Associates Engineering, Land Surveying & Architecture
PLLC, dated June 18, 2007, as the same may be revised from time to time.
Very truly yours,
R~ ~of
Russell E. Planitzer
.
.
STATE OF NEW YORK)
COUNTY OF ~ "{~
sS.:
.
ACKNOWLEDGMENT
.
On the /"r day of July in the year 2007 before me, the undersigned, personally appeared
Russell E. Planitzer personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the persons upon behalf of which the individual acted, executed the instrument.
(slg ture and offi of individual taking acknowledgment)
Notary Public
SEETAG. ROSS
Notary Public. Stale of New YOlk
No.01R06105210
Qualified in Bronx County
Gommission EXIliras Feb. 9. 2008
.
.
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, AUGUST 2, 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 foDowing public hearing wiD be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town HaD, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. AUGUST 2. 2007:
1:55 p.m. RUSSELLL E. PLANlTZER #6057. Request for a Variance under Section 280-15,
based on the Building Inspector's June 8, 2007 Notice of Disapproval concerning proposed
additions and alterations to the existing dwelling which result would change the conforming rear
yard to a nonconforming yard for the existing swimming pool construction, at Ocean View
Avenue, Fishers Island; CTM 9-11-3.1.
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: June 28, 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
.
.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOlD: STATE OF NEW YORK
-------------------------------------------------------------------J<
In the Matter of the Application of
Russell E. Planitzer
AFFIDAVIT
OF
MAILING
S.C.T.M. NO.1 000-009.00-11.00-003.001
-------------------------------------------------------------------J<
COUNTY OF SUFFOLK )
ss.:
STATE OF NEW YORK )
I, STEPHEN L. HAM, III, having an office at 38 Nugent Street,
Southampton, New York, being duly sworn, depose and say that:
On the 9th day of July, 2007, I personally mailed at the United States
Post Office in Southampton, New York, by CERTIFIED MAil, RETURN
RECEIPT REQUESTED (eJ<cept as set forth in the neJ<t sentence), a true
copy of the attached legal Notice in prepaid envelopes addressed to the
current owners shown on the current assessment roll verified from the official
records on file with the Assessors Office of the Town of Southold, for every
property which abuts and is across a public or private street, or vehicular
right-of-way of record, surrounding the applicant's property. I mailed the
notice to Lucinda J. Herrick's london address by regular overseas air mail
and the notice to her Fishers Island address by certified mail, return receipt
requested since I know of my own knowledge that Lucinda J. Herrick will be
at her Fishers Island address during the month of July 2007 from and after
July 9,2007. ~ ' r
~,1.-_ ",. "....,..r
Stephen L. Ham, III
Sworn to before me this
I () day of July, 2007
Cjd,~,L~.?G-l.lL
Not . . ft-!~~:s
(8 DEIRDRE s. VE:~ABlES
Notary Publ!~ Stale of New YoIt
.. .. bliIJed In Suffolk County
No.II2VE4Il!III867
~,.'$'< "'Cam.ElIpIIllJulyll,~
<0::.., ~:oi
PLEASE list, on the back of this Affidavit or on a sheet oj paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank You.
· ATTACHMENT TO ·
AFFIDAVIT OF MAILING
SCTM No.
Owner and Address
1000-9-6-9
Martha Spofford McKown
Alexander McKown
19-30 Prospect Ridge
Ridgefield, CT 06877
1000-9-11-2.1
Anita Macrae Feagles
635 Riomar Drive
Vero Beach, FL 32963-2012
1000-9-11-3.2
Edmund P. Osborn
Sandra S. Osborn
13685 Sperry Road
Novelty, OH 44072
1000-9-11-4
Theodore T. Osinski
145 E. Tall Oaks Circle
Palm Beach Gardens, FL 33410
1000-9-11-7.2*
Lucinda J. Herrick
108 Eaton Place
London SW1X 8LR
England
*Mailing also sent to P.O. Box 109, Fishers Island, NY 06390
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CERTIFIED MAIL" RECEIPT
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RIDGtFtELIiCT 06..'<i7
Postage $ $1.14
Certified Fee $2.65
Return ReceiplFee
(Endorsement Required) $2.15
Restricted Delivery Fee
(Endorsement Required) $0.00
Total Pos:age & Fees $ $" 9'
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Sent To
~ rtha Spofford McKown/Alexander McKown
CJ Sfree{Ap-t--fio-~-u----------_u---u_n______-____. ____n___. ___.____________._ _______
~ orpo'Box'No," 19-30 Prospect Ridge
--tifg':lf~rd;---'CT---068'7'7-------'-----------'------------------
PS Form 3800, August 2006 See Reverse for Instructions
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CERTIFIED MAIL" RECEIPT
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VERD BtACHl'L32963
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Sent To
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~ Sfre-ei,-ApTNo:':---63S---Rf.omarn-Di=f. :;,.;;._n___u____________ __._n______
("'- or PO Box No
Cit":lt;1i~~~.h;mFL.m32.963.::2oi2.
PS Form 3800, August 2006 See Reverse for Instructions
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CERTIFIED MAIL" RECEIPT
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~ ~:r~~ ::: ::00: ,:. -1~3" 685- - - s ~ ~~. ~~ - - -R~~ ~~~ ~~~ ~~ ~~~~~ ~~~ ~~ ~~~ ~~ ~~~ ~~ ~ ~ __
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CERTIFIED MAIL" RECEIPT
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Sfreef.Ap"fNo:;h--on-o----u- __..n__on_..___n______________. ......__. ..__._
o,POBoxNo. 145 E. Tall Oaks Circle
city,siaie:ZiP+lhnon.uh.hnuuun_...h..oh.oh..h.oonuh.ohu..
~a ill Beach Gardens, FL 33410
PS Form 3800 August 2006 See Reverse for Instructions
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CERTIFIED MAIL" RECEIPT
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6 n. ~ll".~Il<l"m,J"nnll"""-~,,knmnmn nmnmn
o street, -ApI, No.; B 109
orPOBoxNo. P.o. ox
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PS Form 3800, August 2006 See Reverse for InstructIons
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Edmund P. Osborn
Sandra S. Osborn
13685 Sperry Road
Novelty, OR 44072
2. Article Number
(Transfer from service label)
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If YES, enter delivery address below:
3. Service Type
:xJ Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7007 0220 0003 4411 1565
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece.
or on the front if space permits.
1. Article Addressed to:
Anita Macrae Feagles
635 Riomar Drive
Vero Beach, FL 32963-2012
2. Article f\lulfl1Per" i
(Transfer from ss";"ice label)
PS Form 3811, February 2004
x
o Agent
o Addressee
C. Date of Delivery
B. Received by (Printed Name)
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
Xl Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for
D C.O.D.
4. Restricted Delivery? (Extra Fee)
7007 0220 0003 4411 1558
10
Domestic Return Receipt
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Martha Spofford McKown
Alexander McKown
19-30 Prospect Ridge
Ridgefield, CT 06877
2. Article Number
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. Print your name ahd ad9ress on the reverse
so that we can return the ca.rd to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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145 E. Tall Oaks Circle
Palm Beach Gardens, FL 33410
2. Article Number
(Transfer from service label)
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, STATE OF NEW YORK
----------------------------------------------------------------------)(
In the Matter of the Application of
Russell E. Planitzer
Regarding Posting of a Sign upon
Applicant's Land Identified as
S.C.T.M. No. 1000-9-11-3.1
-----------------------------------------------------------------------)(
COUNTY OF SUFFOLK)
ss.:
STATE OF NEW YORK)
I, Harland Frazier, residing at 5" (VI......:... iP. OfJ ~(CT, being duly sworn,
depose and say that: 06"37 ,
/ ...~
On the b day of July, 2007, I personally placed the Town's Official Poster, with
the date of hearing and nature of the application of Russell E. Planitzer noted thereon,
securely upon the property of Russell E. Planitzer, 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 (near the entrance or driveway entrance of the property, as the area most
visible to passersby); and that
AFFIDAVIT
OF SIGN
POSTING
I hereby confirm that the Poster has remained in place for seven days prior to the
date of the subject hearing date, which he ring date was shown to be August 2, 2007.
Harland Fr .
Sworn to before me this
~ day of July, 2007
c91r~' ~~J/4-
Notary Pu lie) )
ROXANNE SPAULDING
NOTARYPU8L1C, STATE OF NEW YORK
No 01SPfil1:J942
QUAllrIIll IN SIJII 01 K COIJNTY
MY COMMISSION I XI'llll.S AUt;. 9, 20Ql{
Date: 06/13107
Transaction(s):
1 1
Application Fees
Cash#: 12729
Name:
Planitzer, Russell E
38 Nugent Street
Southampton, NY 11968
Clerk ID: MICHELLE
.n Of South old
.0 Box 1179
Southold, NY 11971
.
* * * RECEIPT * * *
Receipt#:
Reference
6057
Total Paid:
12729
Subtotal
$400.00
$400.00
InternallD: 6057
.
.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 6/12/07
ZBA# NAME CHECK # AMOUNT
/t)N __ Dey, Douglas A. & Jane JUN 1 3 2JJ07
6056 6234 $600.00
L~ttJ M.
outhold TOwn Cler
RECEIVED
6057 Planitzer, Russell E. 12729 $400.00
JUN 1 3 'lfIJ7
Southold Town CI rk
TOTAL
$1000.00
By_
Thank you.
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
~
Mailing 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
APPEALS BOARD MEMBER~
James Dinizio, Jr., Chairman.
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765-9064
August 31,2007
Stephen L. Ham III, Esq.
38 Nugent Street
Southampton. NY 11968
Re: ZBA File 6057 - Variance Application (Planitzer)
Dear Mr. Ham:
With regard to the above application, please find enclosed a copy of the variance
determination rendered by the Zoning Board of Appeals at the August 16, 2007 Meeting.
To assist in expediting reviews, you may want to furnish an extra copy of the enclosed
determination when submitting a complete application to the Building Department for a
building permit with the required maps.
Thank you.
Very truly yours,
Linda Kowalski
Enc!.
Copy of Decision furnished 8/31 to:
Building Department
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 11 79
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
June 13,2007
RE:
Zoning Appeal No.
6057
Transmitted herewith is Zoning Appeals No. 6057 of Russell E. Planitzer- the Application to
the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project
Description, (7) black and white photographs of the residence, Cover Letter from Stephen L.
Ham regarding the enclosed documents, Notice of Disapproval, Application for Building Permit
with map, Applicant Transactional Disclosure Form, Questionnaire for Filing with the Z.B.A
Application, Short Environmental Assessment Form, Town of South old Property Record Card
and a Survey of the property.
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