The URL can be used to link to this page

Home My WebLink About6099 1?66/DI -/dtf/D2--r I3eIGfT71t- ,-57e/l)__tfcoDIC. J3Ay /3/'.-1/))) MiJ.eEJ...... bb99- 146 tjUIAT /T);'D.s//lJ./ -ro ~-/OO-o{Cf'f SlUG!..,) SyS-/3 fF/ /0.1 '...,. ,ey~ /6,d' / ~ /0?/~oj;;1 /1/111 ;/;z/oy:> /02P c>Z.. . - --__ICL. :\0: ;PPEALS BOARD l\IBERS James Dinizio, Jr. Gerard P. Goehringer, O1airrran Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman hup:/ /southoldtown. northfork.net Mailinji Address: Southold Town Hall 53095 Main Road. PO. Box I] 79 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY I] 971 RECEIVED q.... ~ 9:53 ~AN 2 8 2008 ~Q~~:J,. FINDINGS, DELIBERATIONS AND DETERMINATIOt1~rh~'Town CI . MEETING OF JANUARY 10, 2008 er ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 ZB File # 6099 - HEINZ and BRIGITTA ROSIN Property Location: 5610 Peconic Bay Boulevard, Laurel CTM 128-2-10 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. 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 December 3, 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 applicants' 21,533 square foot lot is located in the R40 Low-Density Residential District with 91.25 feet along Peconic Bay Boulevard and is improved with a two-story house with an upper and lower deck, an accessory shed and one-story accessory garage, as shown on a 10-20-2006 survey, revised 01-22-2007 by John C. Ehlers. BASIS OF APPLICATION: Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as-built addition(s) and alterations to the existing single-family dwelling with a single side yard setback at less than 15 feet and rear yard at less than 50 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 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 is requesting a variance for as-built deck on the south side of the dwelling, which deck is 10.7 feet from the easterly side property line and 16.7 feet from the rear yard lot line, at its closest points. The property contains a non . ~ Page 2 - January 10, ZB File No. 6099 - H. a B. Rosin CTM No. 128-2-10 . conforming lot area of 21,533 square feet in this R-40 Low-Density Residential Zone District. This deck construction is not permitted under Article XXIII, Section 280-124, for the reason that nonconforming lots measuring between 20,000 and 39,999 square feet require a single minimum side yard setback distance at 15 feet and minimum rear yard setback distance of 50 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the homes along Peconic Bay Boulevard are built in a similar fashion, and adjacent to this property is a long, private right-of-way with at least one home built along it. These properties have garages on the north end of the properties so as to afford views of the water from the homes, and which leaves the homeowners with a smaller rear yard in which to build any structure. There is only 49.2 feet and the rear yard lot line between the rear of the applicant's house (without the deck). The existing side yard measured from the house is 27.2 feet to the west lot line and only five (5) feet to the east lot line, which makes it difficult to meet the required setback on a single yard setback of 15 feet, and the small rear yard does not allow for the code-required minimum rear yard setback at 50 feet. 2. Town Law ~267-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 remaining yard is front yard in which an 18.4 ft. by 36.4 ft. garage exists to the north of the house, which places the preferred location for a deck at the southern side of the house, which portion of the lot leaves a small area in which to build a deck for outdoor enjoyment 3. Town Law ~267-b(3)(b)(3). The variance requested herein is not substantial, considering the placement of the existing structures. The lot is heavily landscaped and is almost invisible from nearby properties. 4. Town Law ~267-b(3)(b)(5). The difficulty is not self created and is based on the small area left for a rear yard and side yard. 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. The lot is heavily vegetated and the deck will not be an eyesore to the neighbors. 6. Grant of the relief requested 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 Oliva, seconded by Member Weisman, and duly carried, to . - Page 3 -January 10, ZB File No. 6099 - H. a B. Rosin CTM No. 128.2.10 . Grant the variance as applied for, as shown on the 10-20-2006 survey revised 01-22-2007 by John C. Ehlers, and July 26, 2007 Diagram Sheets 1 (Perspective View Sheet), 2 (First Floor) and Sheet 3, all prepared by Joseph Fischetti, P.E., subject to the following Condition: The deck shall remain open to the sky. The above condition shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformit n and Weisman. Vote of the Board: Ayes: Members Goehring This Resolution was duly adopted (5-0). f . . .-J:1~<aDf9 FORM NO.3 NOTICE OF DISAPPROVAL DATE: September 21, 2007. TO: Heinz & Brigitta Ros;n PO Box 518 Laurel, NY 11948 \i\_.\ \ '~J 7 Please take notice that your application dated July 31, 2007 For permit for as built additions and alterations to an existing single familv dwelling at Location of property 5610 Peconic Bav Blvd. Laurel. NY County Tax Map No. 1000 - Section 128 Block-.2 Lot-.lQ Is returned herewith and disapproved on the following grounds: . The "as built" construction. on this non-conforming 21.533 SQuare foot lot in the Residential R-40 District. is not Dermitted DUfSuant to Article III. Section 100-244. which states that nonconforming lots measuring between 20.000 and 39.999 SQuare feet in total size. renuire a minimum single side yard setback of IS feet. a rear yard setback of 50 feet. n resulted in a sin Ie side ard setback of 10.7 feet and a rear ard setback of " Damon Rallis, P CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. - . . SURVEY OF PROPERTY SITUATE: LAUREL TOHN: SOUTHOLD SUFFOLK COUNTY, NY ~ '.) / N W*E CBRTIl'IBD TO: JlrIaIIIa c. RoIiD 4.~~ ~f(} ~O ~ ov, ~~""1 oo-i' q.P f". " o ~ ~(j ~ r-0q 6P ~ s SURVEYED 10-20-2006 REVISED 01-22-2001 SUFFOLK c.oJNTY TAX II 1000-12e-2-10 ~ ~ o \5' ~, ....- <J,. ~ !, ~1J99 / ~ 0\ 10% -A 0<;)- ~ 0-'\\ '0 ",,0 -A '0'-' a '<3 a k~ a ",-, , 'r(c: ,:, ~ "{ Go '" ..........,., S> e... '" \ 1!P' ",. \ ~\5'~ .--:-..\-:) 01;)..<;)- "" y: \j \%\\ ~-s.-ao -'" a \5' -, -'\\\5''),:.-'\\ . 5-To ~l-'&; "i\0 \<s; ~\~~ ~\0 \5' So \5' ~., ~- ~ \5'\ l.T\ G% -e~<;)- (J \5' -t- 0100 -=hy:1- \5' V 9, ""\-,\\ -\. 0 -s.- L.- -, 003 ). 1. <s; ~~ 150 -eT-::' (J\ 0- -=h \5' 0,,6. 60, ",. ~. -A ~ '0 .;.>, a a a , % , '" , ,:, '" " , " " , , , , , -s,. q, '" <l; 'I- "\ ~ \ ~I ~ 10 , \ I ~"....",--."..,...,."""",..-- -~"""--........"......"..,, _"""'" m'.....-~;IO'I. ___ ~ of .... _..-"",__""'L<>o: NOTES. . \ \ ""'ljoop...,""".....,..Io;I"""""-~ ma1oO<l.....""OI'"Ig.....oI""'~....-p'.. .~...,....,,,...c.ono-....."'..."""',...... ,.-' MONUMENT FOUND ..--.IPi<a\.,..,.....""........--,.iq.,IljIhOl...,. >o~::r~7~-::.=r.:;. l:"J1M_r""'__Io>l""'''''_.H......' ~1N~-Ia!lG=':~::'I::~ :.,;.::=~.....:~~=.; ",__~oI"'" ~_"..t1,..., c..~"""'- t_...._~"'oadll"r"'._.",. AREA = 21.533 SF or 0.~43 Aaes NOlC A. 10 FOOT ROJi'l, SHOHN AS PER DEED L.5e>22 c..P. 60 AND LA5e>6 c..P, 10 GRAPHIC SCALE ~ 1"= 30' I JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y's, llC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\06\06-253.pro AN '13~(lVl 'OO^la Ava :lINO:l3d OI<J9 'NISO~ >I::>3Q 9NI.L"'IX3- ~L(~E9) AN 'OlOHlflOS 9~9X01l000d ~3NION3 'VNOISS'ildO~d '3' d 'lllS4~I::I 1.fd890(' or ~ >= g ~ m t'4 Z ~ i ~ o z ... ltl- I (/) . . - -. '.. \\::1 0 ~ !3 ~ ~'t> 0 ...s>W :> - IJJ o IJJ ~~ "-fr '" g~'-1ii' '" ~~ ~ ~~ ...,tJ~ I- ~ t..J OJ f ~ N ~ W H > W > H f- U W 0- ff) a: w 0- . >1:)30 IE)N1191X3 vS6~-g9L (~€9) AN 'OlOHlnOS 9~9 X08 'O'd ~33NIE> lVNOISS :I0~d '3'd'm " 9 :>: 0 iii ;.. ~ " z Iii 0 I- 0 ~ N W N ~ .,; W N 8 ::c ~ " en c ~ "' AN '13~nV1 "OA18 A'(8 JINOJ3d Ol99 'NISO~ - "" :.:.j ... Q, .< '" o C~ r..: C3 III l!S '" Ii ~ .",.,t ~~ f& = .4' c..J 1,'1:; <:) H ..l:-.IT ......,( t:.::)t:.::)t:.::)t:::::\ vvvv ... t:.::) .V ~ ~ e\!& dJ ~ z :5. c..9 ;... 0::" o. o~ -l ." LL~ . 15 ~'" III ..... "'" " . ~ ; . r" .r' .~ .o-.tf .0-.9 z :5 c.. . ~ rhh . _____hm__ ----im--------m---im~ h___h ---------; , 'r, . .' , ~ _~::_' ~ illli-$ - ~.~ J.v . '", V t I I ,: ., . '..~um(tl ;;k ---- ." ;~"{f . --- ---- -~~~-l- .' --- lo . 1IlIH"1.:I.Ldm~ I ,: Kp. + "( ~ r i -~:;:- ~ ID. i ~ I ;-t.; t~!:;' I' '+' ~g>~. . (! ----- .~-_. "IIOH"'UU C~ IllOH"1.:I.Ldm ~ ~ . A- . . I " .. .. . -I;'I--~--(!;-~--~" ~- loilE-i I. - , .... .... .0-.' b Z;:.. A" t-'~ !;;:~ ~~ ::::l'" ~ . .~ '- . >- z J I.LI a: ::l '!L :s U a W > Q -oJ eD \!) ~ Z t- eD d) U ..... i z 0 U I.LI c... 0 0... .... <.Sl In Z ..... en 0 a: . PLANTER PLANTER BENCH UPPER DECK 2XG PT OJ @ 1G" OC ..sl I N DECK ON GRADE I ... ul . 0...0( -w -w ~z Ci ~~~ P~;Ct:;jV ~ 9~ ~ Oeo -zm:c", OCT 19 20 ~~q5~ " a.g!e- ZONING SOARD OF AP 5/4XG DECKING ..... ',' '. '.' '. . . . ':,'. .... .... ',' ":::::"':,:: 2 2XG PT GIRDER .. ~ . Q ~ * ~"p , . ,f; ,b. 'q 12"X12" '4"." 01>'(\ CONC. v"'; . PIER ,:.v', . 4 .. . :~ "J 4 'p r . <I~ '1>> 4"1>, ,I> .b. 'q ., . '4" ,j;''!<\ .v. , v", l>'''~'...' <l .. . :tl '\J 4 'p o I ('I') SECTION A-A DRAWN BY: IF/MH July 26, 2007 SCALE: 1/2" . 1'-0' SCALE: 1/2" ::: 1'-0" SHEET NO: :3 APPLICATI.O" SOUTHOLD TOWN BO~ AALS l..L..^ '" For Office Use Only Fee: $"WU. Filed By: VIlnrn ~ Aw{../) Date Assigned/Assignment No. ~ , Office Notes: > CT 1 7 2007 House No5/P1 0 StreetYfCOn 1'(. 0!Ay eIVL-Hamlet_ULlYGI SCTM 1000 SectiouL3.LBlockLLot(s) 10 Lot Size .4-q Zone f< -tfo I (WE) APPE;'}L~ WRITTEN DETERMINATION OF T~ BUILDING INSPECTOR DATED --!1I-1-1 tJI.L BASED ON MAP DATED ltfY/ 0 '7 Applicant(s)/Owner(s):----'::ltlnz.. ~OSI'(\ and... 8n'9''H-ti.. Rodfl MailingAddress:YO. &)(5/<6 I LflunJ. NLf IIqf~ Telephone:~'6' 5'02-<6 Fax#: Email: NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Il b, ~ I tI. v..1i'cJ:.htJ.rn/:;;g . for (X') Owner, or ( ) Other: Agent's Address: PO.86X ILf-).I+/Mo.Jh+ucJc,f'iV I/Q5;). Telephone;<q~. Si363 Fax#: :J..q~-951dJ Email:WIAlbJaI11@aO!.C.orn Please check box to specify who YOII wish correspondence to be mailed to, from the above names: D ApplicantiOwner(s), or S' Authorized Representative, or D Other Name/Address below: WHEREBY THE BUILDING INrPECTOR REVIEWED MAP DATED ii;;)d-J D7 AN APPLICATION DATED I ? J J en FOR: _Building Permit D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction DOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning ordina$'umbers. Do not quote the code.) Article Section 280- I DO - ;).# Subsection Type of Appeal. An Appeal is made for: g'A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal D has, )(has not been made at anv time with respect to this property. UNDER Appeal No. _Year . (Please be Sllre to research before completing this question or caU ollr office for assistance.) . . . . . Name of Owner: Heinz and Brigitta Rosin ZBA File # REASONS FOR APPEAL (additional sbeets may be used witb preparer's sil!nature) AREA VARIANCE REASONS: (I) An undesirable cbange will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Undesirable change: a) as to the upper deck, it has been in existence for about 20 years with no complaint; b) as to the lower deck, it is only a few inches above grade and has been in existence for about 10 years without complaint, c) as to both decks, they are heavily screened from neighboring properties with landscaping d) the decks are much further from the east line than the pre-existing house, and e) the neighbor to the South (rear) has a garage facing the deck; his residence is on the other side ofthe garage and is not exposed to the decks. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than variance, because: The pre-existing house is close to the rear of the property so any deck would infringe upon the rear yard setback. (3) The amount of relief requested in not substantial because: The reduced sideyard requested of 10.7 feet is significantly less than the sideyard for the house itself, 5 feet. The reduced rear yard setback is mitigated by extensive plantings and the fact that it is very low to the ground. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: of the screening and low height of the structures. (5) Has the alleged difficulty been self-created? ( ) Yes ( ) NO. Yes, to the extent it is as built. No, to the extent that the small rear yard and narrow lot width prevent construction which complies with Code. 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 the box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TT ACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) e of Appellant or Authorized Agent t must submit written Authorization form Owner) Sworn to b Day of Nota Ie DONNA McGAHAN Notary Public, State 01 New Yorlc No. 01 MC4851459 Qualified In Suffolk County Commlaalon Explrea Aug. 18,_ utO . . ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LA W OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 130\5 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE III MELVJLLE, NEW YORK 11747 63 I -298-8353 TELEFAX NO. 63 I -298-8565 wwbIaw@aol.com 63 I .249-9480 XIiLEFAx NO. 63 I -249-9484 2'0'cl October 17, 2007 I:)e.'\ \ '1 J ~cft4 Town of South old Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Heinz & Brigitta Rosin 5610 Peconic Bay Boulevard, Laurel, New York SCTM# 1000-128-2-10 Ladies and Gentlemen: We enclose an application fee of $400.00, together with the following papers, in seven sets, in connection with the Notice of Disapproval: I. Copy of Notice of Disapproval dated September 21,2007; 2. Application to Southold Town Board of Appeals with consent from owner; 3. Questionnaire for Filing ZBA Application; 4. Transactional Disclosure Form; 5. Project Description and photos; 6. Short Environmental Assessment form; 7. Copy of the tax map and Assessors Card; 8. Copy of Deed to the premises; 9. LWRP Consistency Assessment Form; 10. Survey of property; II. Plans for deck. I AAW/ai Ene/. Zba/ltrvarappros . . II 'U- ~/\'--.to-/ s',,19- I/AP.~ -/y . . COUNTY OF SUFFOLK (i f'E,CENEO OEe 1 \) 1.007 STEVE LEVY SUFFOLK COUNTY EXECUTIVE Of "PPE"U; J \101l\IIG BO"IlD ..... THOMAS ISLES, AICP DIRECTOR Of PLANNING DEPARTMENT OF PLANNING December 3, 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 app!ication(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. App!icant(s) Municipal File Number(s) Rosin Romanelli Dawson Brewers Yacht Yard Southold Park District Marron 6099 6100 6101 6102 6105 6110 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION H. LEE DENNISON BLDG.' 4TH FLOOR lOO VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (6311853.5190 TELECOPIER (631) 853.4044 Examined 1" 'I' ,."". ~ ,20 ,20~ Mail to: Approved_,., Disapproved a/e Expiration _~'"___. ,20 ~'\'6 ~'DD Building Inspector -, APPLICATION FOR BUILDING PERMIT ----- - ' . " ---- ~\i\~\ tol- ~\l:iL~'_W' n \~~ INSTRUCTIONS Date'"3"u10\- ,20t>1- \\;~ a,\t&l~a~PlicatiOl1 U T ,e~ c91llpletely filled m by typewnter or in mk and submltt~d to the, Bmldmg Inspector wIth 4 ,ets I S" plot plan scale, Fee accordmg to schedule \ g",fr\1:iS;Pl;rrt ~~~on of l~t aIlji,of 9mldmgs on premIses, relatJonshlp to adJoming premIses or pubhc streets or areas,-<tl1tfwaterwa ys, c, The work covered by this application may not be commensed before issuance of Building Permit. d, Upon approval of this apphcation, the Building Inspector';"'ill issue a Building Permit to tlie applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building sball be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy, f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of ,issuance or has not been completed within 18 months from such date, If no zoning amendments or other regulations affecting the "; p;rop.~rty, Ita"e beej1en<jded in the interim, thl!:'li1uilding .Irr~p~ctor may authorize, inwriti'!1,g,'the extension of the permit for an i ;>4cli~io1).si,\~on\hs: Tpereafter, a neWPlWTIitsha,ll ~q!:~q~Fed, " .'" .'" 'f. , APPLICATION IS HEREBY MADE to the Building Department for the issuance,ofa )3".jlding Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other apphcable Laws, Ordinances or Regulations, for the co!,strnction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to cornply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections, ... (Mailing, address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 6\.)~~... NameofownerofPremiSeS~~\~\ ~~ C. ~ro..s;.\", (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer . ,< .~ ;-~ t. I ;",_J. (Name and title of corporate officer) Builders License No, Plumbers License No, Electricians License No, Other Trade's License No, I. ed work will~done: \(. ~ House Number County Tax Map No. 1000 Section Subdivision \1.~ Block C:l '2.. Filed Map No, Lot ~\ C> Lot (Name) State existing use and occupan_f premises and intended ]jlse and occulcy of proposed construction: a. Existing use and occupancy ~eS\~.,^(.e . \., . , b. Intended use and occupancy --=t:>~ c.k. Nature of work (check which applicable): New Building Repair Removal Demolition Addition Other Work~ft.\<.. Fee~~O.Y-:lI~ (To be paid on filing this application) Number of dwelling units on each floor - Alteration Estimated Cost 11 ~ 5 O~ .'Ki/~ J . (Description) If dwelling, number of dwelling units If garage, number of cars - - If business, commercial or mixed occupancy, specifY nature and extent of each type of use. ... Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 'Dimensions of entire new construction: Front Height Number of Stories Size oflot: Front-9 \ :2.5 I Rear.::ag. f'6S I Date ofPurchase~Name of Former Owner . Zone or use district in which premises are situated 1<.-40 Rear Depth A " / ' ;' I Depth 2: S. \.A ,2!>"3. \ , / ,. 6't'e.~... -ru--.",..'" , Does proposed construction violate any zoning law, ordinance or regulation? YES_NO + Will lot be re-graded? YES _ NO_Will excess fill be removed from premises? YES_NO ~ Names of Owner of premises ~b~\ ~ Address "?b:HCf S\f> Phone No. ~'.S6 "2.!, Name of Architect -:s.-s4'.~.c.\...W, ;1>~ Address'BI!\)I-t.\", ~ctn.'~Phone No~. '2. '$'If- Name of Contractor ~\P'tII.'Ry. Address Phone No. a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO --X-- 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. Provide survey, to scale, with accurate foundation plan and ~istances to property lines. /' . t'~ ,\1 , ' , If elevation at any point on property is at f 0 feet or below, must provide topographical data on survey. Are there any covenants and restrictions with.respect to this property? * YES_NO ~ IF YES, PROVIDE A COPY, ATE OF NEW YORK) SSe UNTY OFr-~,., ) -, ",;,y. " .; , J-; I l 'i ,; " t..~~" C.~o.s:,,,, being duly sworn, deposes and says that (s)he is the applicant (Na f individual signing contract) above named, He is the (Contractor, Agent, Corporate Officer, etc.) :aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; : all statements contained in this application are true to the best of his knowledge and belief; and that the work will be formed in the manner set forth in the application filed therewith. 3m to before me this '3 I day of ~ J~' ";"20137 I ~8;;ary~ - .\ THOMAS,J. UHUNGER NoIery PubIc. StIle d New YOlk No.01-41'3l1QeO QuaIIfted In 'lI\lIIOIk Cw1Iy c...... . Jllor E>I*N Ftb. .,:Ill / b . ;,,: ';d ".. ~ ,',liS )}~ ,y,. . i ,).,~' ~,A e. ~ 7~rJ.. Signature of Applicant . ~ ..... ~M:~_ U'l,;_~:"t~~lMl;:!U...~Jh;t!,~;;~i:Uf,i~;I' "~~H:,"'.i'{, :~~::~' ,~';,: ,~, '" ._,~--.:.......~~~" corner '.the'recif " ,i . . APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: 1.fc,if1l- af,ti- 8rr'01H-a {ZO,\J'II Date Prepared: 41z..7(~; I 7 2CD7 ~{)99 I. For Demolition of Existing Bnilding Areas I Please describe areas being removed: n a..- II. New Construction Areas (New D Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: WI" el~"I~ III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WTI1I Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Ow Proposed increase of building coverage: ,; Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new constrnction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ~ . . Town of South old LWRP CONSISTENCY ASSESSMENT FORM ^- INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies. shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistcncy Rcview 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 Ilazard Area. 2. Belore answering the questions in Section C. the preparer of this !(lrm should rc\ iew the exempt minor action list. policies and explanations of each policy contaiued in thc Town of Southold Local Watcrfront Revitalization Program. A proposed action will be evaluatcd as to its signilicant benc!icial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus. the action should be analyzed in morc detail and. if necessary. modified prior to making a determination that it is consistent to the maximum extent practicable with thc L WRP policy standards and conditions. Ifan action cannot be certilied as consistent with the L\\RP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the 1()lIowing places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustces Oflice. the Planning Dcpartment. all local libraries and the Town Clerk's ofliee. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 128 - 2 10 The Application has been submitted to (check appropriatc response): Town Board Planning Oept. _ Building Oept. Board of Trustecs /I~.\ :\ I . Catcgory of Town of Southold agency action (chcek appropriate responsc): (a) Action undcrtakcn 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. certification: X Nature and extent of action: Variance - side and rear yard setbacks for dccks Location of action: 5610 Peeonic Bay Boulevard. Laurel. NY Site acreage: .49 Present land use: Residence Present zoning classification: R-40 [ ~ - I 7 ? U' 07 Jl, i ,.! c:tt:tof9 .. . . 2. If an application for the proposed action has been tiled with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Heinz Rosin and Brigitta Rosin (b) Mailing address: PO Box 518, Laurel. NY 11948 (c) Telephone number: Area Code (631) 298-5028 (d) Application number. ifany: Will the action be directly undertaken, require funding. or approval by a state or ICderal agency') NO If yes, which state or federal agency?____.. DEVELOPED COAST POLICY Policy I. tooster a pattern of development in thc Town of Southold that cnhances community character, preserves open space, makes efficient use of infrastructurc, makes benelicialuse of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for cvaluation criteria. Yes No (Not Applicable) The structurcs are minimal in relation to the evaluation criteria. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation critcria Ycs No (Not Applicable) NOT APPLICABLE Policy 3. Enhance visual quality and protect scenic resources throughout thc TO\\ \l of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Ycs No (Not Applicable) NOT APPLICABLE NATURAL COAST POLICIES Policy 4. Minimize loss oflife, structures, and natural resources Irom Ilooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) NOT APPLICABLE Policy 5. Protect and improve water quality and supply in the Town of Southold. Sce L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) NOT APPl.lCABLE Policy 6. Protect and restore the quality and function ofthc Town orSoulhold cco>\Stcms including Signilicant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III Policies: Pages 22 through 32 for evaluation criteria. .' . . . Yes No (Not Applicable) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Scction 111- Policies Pages 32 through 34 for evaluation critcria. See Section III - Policies Pagcs: 34 through 38 for evaluation critcria. Yes No (Not Applicable) NOT APPLlCABl.E Policy 8. Minimize environmental degradation in Town of Southold li'om solid "aslc and hazardous substances and wastes. See L WRP Section III - Policies: Pages 34 through 38 for cvaluation criteria. Yes No (Not Applicable) NOT APPLICABLE PUBLIC COAST POLICIES Policy 9. Provide for public access to. and recreational usc ot: coastal waters. public lands. and public resources of the Town of South old. See L WRP Section 1Il- Policies; Pages 38 through 46 I()r evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new watcr-dependent uses in suitable locations. See LWRP Section 111- Policies; Pages 47 through 56 I<'r evaluation criteria. Yes No (Not Applicable) NOT APPLICABLE Policy II. Promote sustainable use of living marine resources in Long Island Sound. the Peconic Estuary and Town waters. See L WRP Section III - Policics; Pagcs 57 through 62 t<H cvaluation criteria. Yes No Not Applicable NOT APPLlCABl.E Policy 12. Protect agricultural lands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABLE Policy 13. Promotc appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable - NOT APPLICABLE . . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPliCATION OCT 1 7 ~(Pt)qq A. Is the subiect premises listed on the real estate market for sale? DYes ~No B. Are there any proposals to change or alter land contours? ~No D Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? VI D 2) Are these areas shown on the map submitted with this application? VlltL 3) Is the property bulkheaded between the wetlands area and the upland bui dmg area? no 4) If your property contains wetlands or pond areas, have y?U contacted the office of the Town Trustees for its determination of jurisdiction? fI La.. Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. C. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? h {IL Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? YlD nL (please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) E. F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? n n If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at .this parc~1_51.(l~ I~ ,. ~ and proposed use SI naIf' -t{A.m I W (ex les: existing: single-family; proposed: same with garaFor pool, or oiiJr description.) 0/ H. 2105; 1/07 " J . . . ' r PROJEct LD. NUMBER. SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLiSTED ACTiONS Only P ART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant I Sponsor 2. Project Name OCT I 7 I~007 1/1dr1Z- ~Dsil1 rUtfl0n'5I'J(0-- RDS[(l 3. Projecllocation: Municipality County ] ] I 1Dwn Dt-SoLtfhDltl Suf'folt 4, Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 60/0 Peun/c ~ 'Blvd, La.u~{ SC1YVl J!;.IOOO -/J.~ -). -10 5. Is proposed action: .. ( )NEW EXPANSION ( ) MODIFICATION I ALTERATION 6. Describe project briefly: P.s. 'v U Lld: c\..e..cks WL & ~1J.~,-\MJ\ + rw..lI'~C\!Ld ,*HJo..(k iV\S[)tf\c.i~V1 7. Amount ofland affected: Initially: .S acres; Ultimalely: . acres 8. Will proposed action comply with existing or other existing land use restrictions:( ) YES I V{A.na:~uz... 'f~- SIJ~ <l-r~V ,-\Qla :;dlot1.d~-, 9. What Is present land use in vicinity of project: (describe): Residential ( ) Industrial ( ) Commercial ) Agricultural ( ) ParklForesUOpen Space () Other NO If No, describe briefly: 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ()YES (X)NO If Yes, list agency(s) and permiVapprovals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES ()') NO If Yes, list agency(s) and penniVapprovals: 12. As a result of proposed action, will existing permlVapproval require modification? NO If Yes, IIsl agency(s) and pennlVapprovals: Ify that thein/ormation provided above is true to Ihe best 01 my kn.owledge Signature: Applicant I Sponsor Name: Date: Jfthe actIon Is In the Coastal Area, and you are a state agency, complete the CQastal Assessment Fann before proceeding with this assessment . 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 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 18, 2007 RE: Zoning Appeal No. 6099 Transmitted herewith is Zoning Appeals No. 6099 of Heinz & Brh!itta Rosin- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Consent Letter for Wickham, Bressler, Gordon & Geasa, P.C. to file on the owners behalf, Cover Letter describing the enclosed documents, Notice of Disapproval, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form, Applicant's Transactional Disclosure Form, (4) color photographs of the residence, Short Environmental Assessment Form, Town of Southold Property Record Card, Tax Map for Section 128, Deed, LWRP Consistency Assessment Form, Perspective View drawing, Pre-Existing Deck Drawing and a Survey of the Property. Date: 10/18/07 Transaction(s): . Town Of South old P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Check#: 2594 Application Fees 1 Name: Rosin, Heinz & Brigitta Po Box 518 Laurel, NY 11948 Clerk ID: MICHELLE Receipt#: Reference 6099 Total Paid: 51 Subtotal $400.00 $400.00 Internal 10: 6099 . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 20, 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. DECEMBER 20. 2007: 10:25 A.M. HEINZ and BRIGITTA ROSIN #6099. Request for Variances under Section 280-124, based on the Building Inspector's September 21, 2007 Notice of Disapproval concerning as- built addition(s) and alterations to the existing single-family dwelling with a single side yard setback at less than 15 feet and rear yard at less than 50 feet at 5610 Peconic Bay Boulevard, Laurel; CTM 128-2-10. 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: November 19, 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 #8628 ~ STATE OF NEW YO_ )SS: COUNTY OF SUFFOLK) ',.J - Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for -1- week(s), successively, commencing on the 6th day of December. 2007. ~ ;!~ ~ Principal Clerk Sworn to before me this ~ day of [JtJ~j ) 2007 ~~f!JliN~ NOTARY PUBLIC-STATE OF NEW YORK NO l11-V06105050 QuOntied In Suffolk county Comm:5i;'1(',n C~PIIOS February 28. 2008 "'" LEGAL NOTICE SOUlHOLDTOWN ZONING BOARD OF APPEALS lHURSDAY, DECEMBER 20,2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town. of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY DECEMBER 20 2007' 9:30 A.M. END OF THE ROAD, LLC ;%oB. Request for Variances under Sectiqns 280-49 and 280-78B.I, based on the Building Inspector's No~ vember 19, 2007 amended Notice of Disapproval concerning proposed con- strUction of two buildings (with retail. office and bank space in this B-General Business Zone District. The reasons for disapproving the building permit ap- plication are: (1) one of the two build- ings. will be less than. 25 feet from the -- ., - property line, after demolition of Aisting buildings, and (2) the accessory parking area is located in an R-40 Resi- dential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280-78- B-1. The existing buildings are proposed to be demolished. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's (private) Road, Mattituck; CTM 122-3-1.2,2, 5.1 and 17. .10:00 A.M. BREWERS YACHT YARD #6102. Request for Variances un- der Sections 280-15 and 280-116B, based on "the BuiJdin"g Inspector's September 24,2007 Notice of Disapproval concern- ing a proposed accessory pavilion struc- tureat an amended height which will exceed the code limitation of 22 feet as per amended plan and in a location at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. Zone District: Marine. II. 10:10 A.M. PATRICIA DAWSON #6101. Request for Variances under Sections 280-114 and 280-116B, based on the BUilding Inspector's October 11, 2007' Notice ()f Disapproval concern- ing proposed as-built additions and al- terations to the existing dwelling, which construction is less than 75 feet from the bulkhead and less than 20 feet on a single side yard. Location of Property: 7940- Indian. Neck Lane, Peconic; also known as Lot 2 on the Map of High House Woods;C:rM 86-7-7.2. 10:25 A,M.HEINZ and BRIGITTA ROSI1\l #6099:-- Request for Variances under ,Section -280-124, based on the Building InsPector's September 21, 2007. Notice of Disapproval concerning as-built addition(s) and alterations to the 'existing single.family dwelling with a si1;lgle side yard setback at less than 15 feet and_Iearyard a[lessthan 50 feet at 56JO Pecoriic:BayBoulevard,Laurel; CTM 128.2-10. 10:50 A.M. PHILLIP & JENNIFER STANTON #5948 (PHIO/1S_carryover for additiomil information) regarding proposal to relocate aba,rn with pro- posed additions, a,nd proposed altera- tion for use as an accessory building with owner's private game room, adding bathroom facilities and a fireplace, at 522 Town Creek Lane, Southold; CfM 64.1.14.7 11:00 A.M. KENNETH G.SCHEU. BLEIN #6079 (PH 10/18 carryover for additional information) regarding a proposed accessory garage and shed in an area other' than the code-required rear yard, at 105 West Creek Avenue (also Pequash Avenue and Old Pasture Road), Cutchogue; CTM 103-13-20.1. 1;00 PM. CHARLES WITCZAK # 6092 (PH 11/15 carryover for addition- al information) regarding a proposed dwelling and existing bams, at the south- east corner of c.R. 48 and 5000 Bridge Lane, Cutchogue; CfM 84-5-4. 1:10 PM. GEORGE and EFSTRA- TIA SAMARAS #6103. Request for Variances under Sections 280.122 and 280.244, based on the Building Inspec- tor's October 26, 2007 Notice of Disap- proval concerning- a proposed second- story addition to the existing dwelling, which new construction will increase the degree of nonconformance when located less than 35 feet from the rear property line. Location of Properly: 2100 Naugles Drive, Mattituck; CTM 99.5.25. 1:20 P.M. ANNE STEPNOSKI #6104. Request for Variances under Sections 280-122 and 280-124, based on the Building Inspector's September 27, 2007 Notice of Disapproval and Zoning Interpretation #5039. (Walz) concern- ing a proposed second-story addition and alterations to, the existing dwelling, which will be an increase in the degree of nonconformity when the re'ar yard and front yard setbacks are less than 35 feet. Also proposed are additions at less than the code required 35 feet rear setback and front setback (new noncon- fonnities) under the code requirements. Location of Property: 1025 Cedar Road, Southold; CfM 78-7-35. 1:40 PM. SOUTHOLD PARK DISTRICT #6105. Request for a Vari- ance under' Section 280-14, based on the Building Inspector's November 9, 2007 amended Notice of Disapproval concerning proposed additions and al- terations to an existing building, at less than the code-required minimum of 60 feet from the _ front lot line. Location of Property: 5345 South Harbor Road, Southold; CfM 87.1-18.7. 1:50 PM. KINGA P CRARY #6108. Request for Variances under Sections -........- 280-13 and ased on the Build- ing Inspecto ..: ober 24,2007 Notice .of Disapproval concerning proposed additions and alterations to an existing accessory blJilding for use as the own- er's studio/workshop. The Building In- spector states that the following are not permitted under the Zoning Code for accessory buildings: (1) habitable space as shown in the proposed layout of the accessory building, - (2) setbacks from the side and rear lot lines at less than three feet, and (3) proposed dormers exceeding 40% of the roof width. Lo- cation of Property: 355 Skippers LOme, Orient; CIM 24-2-4. 2:10 P.M. THOMAS and MARY IRENE .MARRON #6110. Request for Variances under Sections 280-124B and 280-124, based on an application for a building permit and the Building In- spector's September 27,2007 Notice of Disapproval, concerning a proposed ad- dition to the existing dwelling as living area (instead of garage area applied for under ZBA #5797-2005), which addition as modified will be less than less than 15 feet on a single side yard, at 3125 Wells Avenue, Southold; CTM70-4-1O. 2:20 PM. FRANCIS J. COUTTS FAMlLYTRUSTby G. Hallenbeck III, Tru~tee .~~ This is an application for aLot Waiver, concerning a 16,599 square foot lot, merged as a single par- cel as no~d,~ the Building.lnspector's September 6. 2007 Notice of Disapprov- al, under Section 280-11A to unmerge 10,007 square feet (CTM 142.1-3.2 va- cant land) for the purpose of building a future d'Yelling, and 6,592 square feet (CTM 142.1.3.3wi~h a dwelling). Loca- tion"Of Property: 10650 Sound Avenue at corner offactqry Avenue, Mattituck. 2:40 PM. ROMANELLI REALTY INC. #6100.Location ofPioperty: 36660 Route 25, CutChogue;c;rM" '97-3~3.1 (formerly, 97-3.3). Request for Varianc~ es under Sections 280-42A and 28043A & C, based on the Building- Inspector's November 19, '2007 amended Notice of Disapproval, concerning a proposed contractor's yard and three principal buildings on this 63,338 square foot lo~. The Building Inspector states that: (1) pursuant to the Bulk Schedule, one use per 80,000 square feet is al- lowed in the Limited Business (LB) Zone, and the proposed construction (three buildings) is not permitted on a lot containing Jess than 240,000 square feet, for the reason that the proposed three buildings constitute three distinct uses; and (2) proposed Building #1 is not per- mitted with linear frontage exceeding 60 feet; (3) proposed Building #1 is not per- mitted at less than 100 feet from a right- of-way ofNYS Route 25; (4) proposed Building #2 is not per- mitted at less than 75 feet from a rear property. line; and . (5) proposed Building #3 is not per- mitted at less than 20 feet from a side lot line. The -Board of Appeals will hear all persons, Cir their-representatives,' desir- ing to be heard at each hearing, and/or desiring to submit written, statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness 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: November 26, 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 8628.1 T12/6 (' '-'. TOWN OF SOUTHOLD NOPERTY RECORD CARD ~ '-/ OWNER STREET 5b ',,", B" '"' d~LJ' ~ ",1[,,-, VILLAGE DISTRICT SUB. LOT "ttt l tvt.- ,. E / / 'Y'~ ACREAGE 0.0 TYPE OF BUILDING / "'(A RES. J.. I /) SEAS. VL. FARM COMM. LAND IMP. TOTAL DATE REMARKS 6(} A OrJ I 'J ..... P..r(tnJ ~6 I #6 rtJ I CB. MISC. AGE NEW Farm Tillable 1 Tillable 2 Tillable. 3 Woodland Swampland Brushland_ HolSe Plot - Total BUILDING CONDITION BELOW NORMAL ABOVE Acre Value Per Acre Value -- .-.- /) ~ .... ~ ,ceP $'/ 9 ~ (; .., -I- ~ Ii> k'o5t>? - N, c... ... y FRONTAGE ON WATER FRONTAGE ON ROAD It? t:J BULKHEAD DOCK ,[J--f./.. (t. ..Q.5 . .... ~ !> 'J .---; ~ ~"'- ')',~J iPi' / 'f~'1 ~y'" -----". - I I , . , . :.. K,,;#,.i':'t.,."f?J'"?" . j i '1 .. : : ~::;>,~ . : I ~. ..;' '. C~';,,:\_ .- .-~,,~~,. .l- . : i I . .~-.. . I , .. ~ .. .. I .,~' , ",'" -. '. j i ~.- '-";"~~ ...... ,...c". '-'-,"'1 i / .M ,. .. :.~~. I - I "'- . '-~:- ~~~:~~ "-..,. ".;" ~'- : ! I '. , . .. ~ III ; i ,. ., , , " .. 31., .,-" I }U I 3::'- i i , , ~~,~.- ; I .' ~ 7: , , I i J 10 I I I - , ~ I . I I I I I i 1 f , I I , ; I I~ , I U I ... M. Bldg. If k J. 6 '<J' -5"70 3.1ff!1 /? /0/ Foundation ~, "'"."'" ' Bath I Extension I -/ z .::10 ~96 - Basement ~ Floors "t /1.k::J:). .).r~ / . Extension Ext. Walls AL'~<&~ Interior Finish i' / Wlhl.t .. . / v Extension Fire Place Heat J/.u/. ?X ./J-t> V' .J70 lS-tJ I f/~'of I Porch Roof Type P.t (( It/X .Je> L/~v ..,,7$ I oS/ Porch , Rooms 1st Floor I - . Breezeway 3& ~ Ie kifrf .,S'"b 3.2f/ Patio . Rooms 2nd Floor " , Garage Driveway Dormer O. B. . i~/ .' J6) . ,/ . . .. . IJ o~, ~/ .1. ~ 3181'/ . ......c.... .:~. . C> 111111111111HJlllllllilil' SEE SEC. NO. 127. --Z~- ~ P ~ -+-~",.",J - I. ~:;;~ !; 51 l'l"'" Q ~~~ 0,<;>"",,. "'""" -V,v-t' 8-'IJ- /' ~f ~, ,~ Ct, " ..~ ~'~~~ -I... ~~"()<;e\Y , ,,\.01 +; ~ ~": ctl",.oo .::. ":"'<:) .ll, + , + + % 2 <%- , ~ ~ < , , ~ ~ ~ . . -d?~~c; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK ----------------------------------------------------------------)( In the Matter of the Application of HEINZ AND BRIGITT A ROSIN AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-128-2-10 --------------------------------------------------)[ COUNTY OF SUFFOLK) ss: STATE OF NEW YORK) I, Heinz Rosin, residing at 5610 Peconic Bay Boulevard, Laurel, New York, being duly sworn, depose and say that: On the -Tt!- day of December, 2007, 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 the date of the subject hearing date, which hearing date was shown to be December 20,2007. "" SwJ>P1 to before me this 1'1'.P- day of December, 2007. DONNA McGAHAN Notary Public, State of New York '1.e- No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18,.... "U7/D *near the entrance or driveway entrance of my property, as the area most visible to passersby. ~ 21AFFPOST . . >> rbdi'~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ------------------------------------------------------------)( In the Matter of the Application of HEINZ AND BRIGITTA ROSIN AFFIDAVIT OF SERVICE BY MAIL ParcelID #1000-128-2-10 ------------------------------------------------------------)( STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) I, Allison Latham, residing at 1755 Old North Road, Southold, New York 11971, being duly sworn, deposes and says that: On the 29th day of November, 2007, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy ofthe attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, 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, as follows: Lauris Rall 81 Osborn Road Rye, New York 10580 1000-128-2-12 Michael A. Liguori 20 Owen Street Westbury, New York 11590 1000-128-2-11 1000-128-1-5 Stephen Oshaughnessy Elizabeth Oshaughnessy 27 Survey Drive Merrick, New York 11566 1000-128-2-9.2 Allison Latham "- No DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified in Suffoik County Commission Expires Aug. 18.__ -Z.o/O ~ . Complete ftems 1, 2, and 3. Also complete ftem 4 if Restricted Delivery Is desired. X . 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 pennits. 1. Article Addressed to: 'S( 'c;f}YIlO.., <I ~~ MaD D Exp.... Mail 'q'llegMered L\(Retum Receipt for Merohandlsa . ,. O;'nsured Mall D C.O.D. .. _clad 0el1ve<y?1ExVa Fee) D Ves 2. ArtlcleNumber 7007 0220 0004 0045 5732 (r_,"",,_~ PS Form 3811, February 2004 __ Return ReceIpt l-(}..u,.,~ RaJI g I DSborn l20ad Q~t, NY /CSgo 2. AJ (Ii PS F... " . Complete ftems 1, 2, and 3. Also complete ftem 4 ff 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 jf space pennits. 1. Article Addressed to: M ,'tl\4.e,f Pr. /...JBlUJn' '2-0 Dwen Sl-V'e<.J-, Wts-f1JLV'{ I NYII.91:0~;'~ J- /','.. SENDLH. l,,,,,u,t ...L 1_ .!' _ _LI.- T:( " . Complete ftems 1, 2, and 3. Also complete ftem 4 ff 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 ff space permits. 1. Article Addressed to: ~~ D~hrnssy' EJi~ lt~,,~\,. ~1 $~ vn'vt, .' " Mtrria., "'V /l6(p(., 2. Article Number (Ttw.w__~ PS Form 3811, February 2004 3. Service Type KCertifledMall D Registered e Insured Mall D Exp.... Mall. ~etum Receipt for Merchandise D C.O.D. "'~............-..... ....~"..~_.-:a ~___ ""__, Dves 1~154O '-1 D. Is delivery address different from item 17 If YES, enter delivery address below: '!.,s' 1~"""1540 A Signature X D Agent o Addressee . Date of Delivery B. Received by (Printed Name) ",';'i 3. Service Type B'tertlfiad Mall D Registered D Insured Mall D C.O.D. .. R_clad Oelive<y?1ExVa Fee) Dves 7007 0220 0004 0045 5749 Domeotlc Return --." 1 02595-02-M-154O - - - ru rn r'- U1 U1 ~ t::J t::J ~ t::J t::J t::J t::J ru ru t::J r'- t::J t::J r'- U.S. FAal Service CERNIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) Certified Fee w(!)uF Nf11~9C I Postag' $ $0.41 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $5.21 on/o' AI; . ~......,~. l.c.Me.L ..,..Y.I.{l11 Or..L................._________.____. 0/""" ",,/. No.; '1" Q ~;. _ . _ ~:_:::.~~~.~~:____~__ W.U1_.JlYD::t...mnmnmnnnn____... City, State, ZIP+4 II"" ~ r'- U1 U1 ~ t::J t::J U.S. Postal Service ,,' CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~cf+ri01'1c!1d"': i '~l:jJ-. " '"II' 'V i Postage $ $0.41 Certified Fee $2.65 $2.15 $0.00 $5.21 ~ o Return Receipt Fee g (Endorsement Required) Restricted Delivery Fee o (Endorsement Required) ru ru t::J Total Postage & Fees $ ~ r;l(M~~'~n;.. - !{;..............-------------------- f'- ~;~~~;,-;;~4~-L~~~m J~].'{e..._______...._h.________.u__ U1 ru r'- U1 U1 ~ t::J t::J U.S. Postal Servi~ CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r'- t::J t::J r'- ROyFo. I Postage $ Certified Fee ~ o Return Receipt Fee c:J (Endorsement Required) t::J Restricted Delivery Fee o (Endorsement Required) ru ru t::J $5.21 Total Postage & Fees . . CONSENT Ocr 1 7 / f (:> 091 /0:)1' Re: Heinz Rosin and Brigitta Rosin 5610 Peconic Bay Boulevard, Laurel, NY 1000-128-2-10 We. HEINl ROSIN and BRIGITT A ROSIN. owners of the above propert~ and applieant for variances on the above property. consent to Wickham. Bressler. Gordon & Geasa. P.C.. or any of their surveyors. engineers. representatives and/or agents. to make applications necessary for the approval of variances to the Southold Town loning Board of Appeals. applications to the Southold Town Building Department. South old Town Trustees, New York Department of Environmental Conservation. and Sufti)lk ('ounty Departmcnt of Health Services for approval of the improvemcnts on said property. Such applications shall include all matters in connection therewith. Dated: Scptcmber 28.2007 z Rosin ...~--- 1/ ('(}/l.cha tnc.\~~ /'Iortnea.5t L~ q. low~V' ~ecks I,Ll ~vC;>9 ~ UCi I 7 'C07 4fJ;o79