HomeMy WebLinkAbout6112
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Gerard P. Goehringer, C h air man
James Dinizio, Jr.
e' Michael A. Simon
Leslie Kanes Weisman
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APPEALS BOARD MEMBERS .
Ruth D. Oliva
Mailin!1 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
^ ~ECEIVED .t-'
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MARta.
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~ut"olci To~
FINDINGS, DELIBERATIONS AND DETERMINATION .
MEETING OF FEBRUARY 7, 2008
hup:/ /southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
ZB # 6112 - Russell E. Planitzer
Property Location: South Side of 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 property consists of 2.32 acres with direct frontage
along Ocean View Avenue, as shown on the September 10, 2007 Site Plan prepared by CME
Associates for the applicant. The premises is improved with a single-family dwelling, which
dwelling is undergoing construction involving renovations and additions on the first and second
floors (B.P. #33485-Z issued 10/23/07 and amended during December 2007).
BASIS OF APPLICATION: Zoning Code Section 280-14, based on the Building Inspector's
October 30, 2007 Notice of Disapproval concerning proposed alterations to an existing third-
story living area in a single-family dwelling, for the reason that the Code limits construction to
2:;; stories in height.
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 December 10, 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.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, 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: Section 280-14 of the Zoning Code that limits the
number of stories of a single-family dwelling to two and one half, for the proposed renovation
Page 2 - February 7, 2008 .
ZBA # 6112 - R. Planitzer
CTM 9-11-3.1
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and alterations to the existing third floor (existing with a 20 foot by 20 foot master bedroom and
bath with dormers). The third story will be reduced in scope by removal of dormers, and the
proposed renovations and alterations will be in the same footprint and not change the use of the
third floor area as a master bedroom and bathroom.
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 because the house has existed in its present
form since 1973 when it was built in conformity to a building permit issued by the Southold
Town Building Department which, upon completion of construction issued a Certificate of
Occupancy that has, and still remains at this time, in force.
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 applicant wishes to continue the use of
the third story of the house with some alterations to the outside of the structure. These
alterations will decrease the degree of nonconforming by eliminating the dormer.
3. The variance granted herein is not substantial. In fact after construction, the nonconformity
will actually be less.
4. The difficulty has not been self-created. The original house was built relying on a legal
building permit issued by the Southold Town Building Department. The difficulty has been
created by an administrative change in the definition of the legality of a third story of this
house.
5. There has been no evidence 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 an existing master bedroom and bathroom after alterations
which will eliminate the dormer, while preserving and protecting the character of the
neighborhood and the health, safety and welfare ofthe 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 Dinizio,
seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for, as shown on the September 10, 2007 Site Plan
prepared by CME Associates, BD Design Inc. 10/22/2007 Drawings ExhI.SA, and 11/2/07
Elevation Drawings EX2.0, EX2.1, A2.0, A2.1, A2.2, A2.3, 10/22/2007 Third Floor
Plan/Roof Plan AI. SA.
Page 3 - February 7, 2008
ZBA # 6112 - R. Planitzer
CTM 9-11-3.1
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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 Oliva (Vice Chairwoman), Dinizio and Weisman. (Chairman
Goehringer and Member Simon were ent.) This Resolutio .was duly adopted (3-0).
Ruth D. Oliva, Vice Chairwoman 3/7/2008
Approved for Filing
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1tRM NO.3
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NOTICE OF DISAPPROVAL
TO:
BD Design (Panitzer)
102 Greenwich Avenue
Greenwich, CT 06830
DATE: October 3
IRl \E~\EU'<g\E\D)
Please take notice that your application, dated October 24, 2007
NOV 2 0 2007
~llv
ARD OF APPEALS
To make alterations to an existin third sto livin area in a sin Ie famil
Location of property: Ocean View Avenue. Fisher's Island. NY
County Tax Map No. 1000 - Section 2
BlockJl
LotJ.J.
Is returned herewith and disapproved on the following grounds:
The proposed construction is not permitted pursuant to Article III. Section 280-14. which states.
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the A-C. R-80. R-120. R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule incorporated into this chapter
with the same force and effect as if such regulations were set forth herein in full."
According to Bulk Schedule. such construction is limited to 2 Yz stories in height.
This Notice of Disa roval was issued based on lans dated 10/22/7 b Samu
Fitzl!:erald. RA.
,
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
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APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee: S ,+1)') ./ Filed ~.dt~"<fp)r
Office Notes: W ~ ~ .
House No. (no I/)Street Ocean View Avenue
Hamlet Fishers Island
~f:,~U~~~dj)d.,
NOV 20 .'
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~ n OF APPEALS;
SCTM 1000 Section----2-Block...l.LLot(s) 3.1
Lot Size 2.32 acres Zon
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED October 3D, 2007BASED O~DATED October 22, 2007
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 iQ Authorized Representative, or 0 Other Name/Address below:
PLANS
WHEREBY THE BUILDING INSPECTOR REVIEWEDMAl' DATED 10/22/07
AN APPLICATION DATED 10/22/07 FOR:
Xl Building Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
OOther:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article II I Section 280- 14 Subsection
Type of Appeal. An Appeal is made for:
IX 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 Iii has , 0 has not been made at anv time with respect to this propertv. UNDER Appeal
No. .2Q.2l Year 2007 . (please be sure to research before completing this question or caU our office for
assistance.)
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Name of Owner:
ZBA File #
REASONS FOR APPEAL (aMitjonalsheets mav be used with v"varer's sj""alure):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACfER of the neighborhood or a
detriment to nearby properties if granted, because: proposed addition conforms to the
setback requirements; third story has existed in same location with same use
as proposed for more than twenty-five years.
(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 third story already exists
(with dormers that will be removed) in the same location and it would not be
economically feasible to remove and relocate the living space of a functional
portion of the house.
(3) The amount of relief requested is not substantial because: the proposed use is the same as the
existing use and the size will actually be scaled down as the dormers will be
removed as part of the project and the floor area will not be increased.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: the addition to the single-family dwelling will
conform to the zoning setback requirements, the third story already exists in its
current location that will not change, the use will remain the same and the
size of this nonconforming part of the residence will actually be reduced.
(5) Has the alleged difficulty been self-created? ( )Yes, or ("iNo.
Are there Covenants and Restrictions concerning this land: XJ No. DYes (vlease furnish CODVJ.
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.
Sworn to before me this (I( "'"
~;;;;r;7;'.' C-/J .
No Public ~ cA..rL.J
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 attorney.)
~l- L. f./- :1lL
Signature of Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Stephen L. Ham, III, as authorized
agent of Russell E. Planitzer
IIATHRYN A. BOUTCHER
Notary Public. State 01 New York
No. OIB05085189. Suffolk Counll, _
Commission Expires September 15, df;Q 9.
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COUNTY OF SUFFOLK
IRllEtlEn~1E1Ql
DEe 1 9 .
BOARD OF APPEALS
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
December 10, 2007
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant( s)
Municipal File Number(s)
Diack
Hill
P1anitzer
LaChance
F rienmann
DiGregario
Guja
Mooney (End ofthe Road LLC)
6109
6111
6112
6113
6114
6115
6116
6013
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
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MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
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(6311 8S3-S190
TELECOPIER (631) 853-4044
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TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.netlSouthold/ PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
NY.SD.E.C.
Trustees
Contact:
if"
Examined
Approved
Disapproved alc
20_~
,20~
Expiration
,20_
Mail to:
Phone:
i1f1 'r~r51.1
I.
'-~~~, ICATION FOR BUILDING PERMIT
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(, a
Date OC\oB'EV2.. 2-:2-,20~
INSTRUCTIONS
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 oflot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no 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.
APPLICA nON 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.
(Signature of applicant or name, if a corporation)
8p DES/6jt--l <:'fL"''''P
107- 6i...Elt.....k1lcI-I ....v~...I.lE.
Gti2-Q:.&:I..l\...l\C.1-\ I C\" 06 ~"30
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
A12.c.\-\ \-r~C\
Name of owner of premises 1<: t...I SS ~L. 'E.. PI.- A t--i \ \' Z. E l2-.
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
'7At-4UE.~ ~. Fr, Z.~~1Z.A,.,-D
(Name and title of corporate officer)
Builders License No. j-\ "'Z -z.. cy 9 '3
Plumbers License No. M P 310 154-
Electricians License No. M Eo 35" S 2\
Other Trade's License No. N / A
I. Location of land on which proposed work will be done:
House Number
Street
Hamlet
County Tax Map No. 1000 Section 00 q
Subdivision
Block II
Filed Map No.
Lot 3. I
Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy "='1~6,.L.~ 'FAMIl-Y' ~1LSIDe..NC~
b. Intended use and occupancy ? I t--l ~ L- ~ F"Al-"\ n_y l2- E:: SID \'eN C i:.
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Addition Alteration .../
Other Work ~ "'-MOl? ~L.I N '"
(Description)
4. Estimated Cost~ 15. 000 , 00
Fee
5. If dwelling, number of dwelling units I
If garage, number of cars Z
(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.
I II I II
7. Dimensions of existing structures, if any: Front I 4- 4- - Z. Rear 144 - L..
Height '3:' '- ~ I' :t Number of Stories 3
I-VA
I II
Depth ~3-4
I "
Dimensions of same structure with alterations or additions: Front I 4 4- - 'Z
Depth So 3'- 4- " Height "33'- <0 " Number of Stories
I II
Rear 144 -7-
311
8. Dimensions of entire new construction: Frontt-VA
Height NI A Number of Stories NI A
.... I
9. Size oflot: Front 363.00-:::::' Rear 32,Q. 2:Z_
Rear 1-1-1 po.
Depth
N/A
Depth ~ 3 e, . 0"31 .:!::
10. Date of Purchase D3/3//lqqq Name of Former Owner +-It<:.t--l\2..y C>$50~i-l
II. Zone or use district in which premises are situated 12. - 80 GO i-IlZ.
12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO__
13. Will lot be re-graded? YES_NO ../ Will excess fill be removed from premises? YES_NO ./
eA5 VNITEO
12U 5$ (i.L.L. E-, ,.......'TIO....S PL^"'ZA
14. Names of Owner of premises Pl.-A'" IT-z.2:~ Address.&:Y~"" 100,11 . Phone No. (ZI2.)q35-46'O""
Name of Architect&AI>'IUa \<..I. frr-Z6if:l'-AL.oAddress 1~!ii:[il.b~lI~hone No (2.03)q'03-~~
NameofContractorHAlZ-I..ANP F/Z.A,-li:1'L Address.r.~~''- JeT honeNo.(""31)-1~-'<Jlq
13D "'~"" po aox44-,
F"ISl-\~S "XSu.....o, Ny <::1&"3"10
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 MAYBE REQUIRED.
b. Is this property within 300 feet ofa tidal wetland?" YES_NO-L-
" IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
., ,( ~S:,
COUNTYOF~
~A M uE.L.. W. FIT'Z.6iLI2ALD being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the AG.. "'-NT
(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,
20 '0"7
.t,
.\.'.l~"
ERICK A. MENDEZ
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED INWESTCHESTER COUNTY
NO. 01 MES091043
MY COMMISSION EXPIRES APRil 21, 2011
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APPLICANT'S PROJECT DESCRIPTION
(FOT ZBA Reference)
Stephen L. Ham, III. as authorized
Applicant: agent of Russell E. Planitzer Date Prepared: November 19. 2007
1. For Demolition of Existing Building Areas
Please describe areas being removed: removal of third floor roof dormers. removal of
third floor bathroom and removal of third floor windows
11. New Construction Areas (New Dwelling or New AdditionslExtensious):
Dimensions of first floor extension: no change from existing permit!"
Dimensions of new second floor: no change from existing permit
Dimensions of floor above second level:no change from existing permit
Height (fromfmished ground to top of ridge): 37 feet 6 inches
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natoral existing grade to first floor: n/ a
Ill. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet ifnecessary) - Please desenoe buildiog areas:
Number of Floors aod General Characteristics BEFORE Alterations: three floors: three-bedroom
single-family wood frame residence with breezeway connection to garage with
playroom above
Number of Floors aod Chaoges WITH Alterations:. three floors: interior renovations to third floor
master bedroom suite consisting of np-w h~~hrnnm ~nn ~lnQP~~, new window configuration
and new roofing
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage ofbuildiogs onyoUTproperty: 6.649 SQ. feet (covered by existing permit)
Proposed increase ofbuildiog coverage: no change from construction proposed by exi sting permit
Square footage ofyoUT lot: 101.059 sq. feet
Percentage of coverage ofyoUT lot by buildiog area: 6.8% (covered by existing permi t)
V. Purpose of New Construction: to permit remodeling and updating of exi sting third
floor master bedroom suite
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 construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
*first and second floor additions and alterations are covered by
Building Permit No. 33485 Z issued October 23. 2007
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QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
UYes !lNo
B. Are there any proposals to change or alter land contours?
11'1 No U Yes, please explain on attached sheet.
c. ]) 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 jurisdiction? nl a Please confirm status of your
inquiry or application with the Trustees:
and if issued, please attach copies of pennit 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, hulkheads 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? yes
If yes, please submit a copy of your building pennit and map as approved by the Building
Department and describe: first and second floor additions and alteratioJ;ls
are covered by Building Permit No. 33485 Z issued October 23, 2007 (copy attached)
G. Do you or any co-owner also own other land close to this parcel? no If yes, please label
the proximity of your lands on your map with this application.
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.)
~rc,t-.. L.H-.iC
Authorized Signature and Date 2/05; 1/07
Stephen L. Ham, III, as authorized agent
of Russell E. Planitzer
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Office Location:
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USPS MaBin!): Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
PO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork. net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
March 7, 2008
;J.f7-I07(.
Bv Reaular Mail and Fax Transmission
Stephen L. Ham III, Esq.
Matthews & Ham
38 Nugent Street
Southampton, NY 11968
Re: ZBA # 6112 - Variance (Russell E. Planitzer)
Dear ~:
Attached for your records is a copy of the Board's February 7, 2008 Findings,
Deliberations and Determination, the original of which is filed with the Town Clerk regarding
the above application for variance relief.
Please be sure to submit an application for a building permit with three sets of maps
and any other documentation (if not already submitted) directly with the Building Inspector's
Office. A copy of the enclosed determination was forwarded today as an update to the
Building Inspector's recent Notice of Disapproval.
If you have any questions, please feel free to call at any time.
Very truly yours,
d'JitUL -l{rvu tdda -
t"iflda KowQs'kl
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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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:
November 26, 2007
RE:
Zoning Appeal No.
6112
Transmitted herewith is Zoning Appeals No. 6112 of Russell E. Planitzer- the Application to
the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project
Description, Questionnaire for Filing with the Z.B.A. Application, Building Permit No. 33485,
Short Environmental Assessment Form, Town of Southold Property Record Card, Authorization
Letter fro Stephen L. Ham III to file on the owners behalf, Cover Letter from Mr. Ham
describing the enclosed documents, Applicant Transactional Disclosure Form, Notice of
Disapproval dated October 30,2007, Application for Building Permit dated October 22,2007,
Site Plan, Existing Third Floor Plan, Existing Eastern and Southern Exterior Elevations, Existing
Western and Northern Exterior Elevations, Third Floor Plan and Roof Plan, South Exterior
Elevation, North Exterior Elevation, East Exterior Elevation and the West Exterior Elevation.
.
.
Office Location:
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 24, 2008
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 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, JANUARY 24, 2008:
10:05 A.M. RUSSELL E. PLANITZER #6112. Request for a Variance under Section 280-14,
based on the Building Inspector's October 30, 2007 Notice of Disapproval concerning proposed
alterations to an existing third-story living area in a single-family dwelling, for the reason that
the Code limits construction to 2% stories in height. Location of Property: South Side of
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: December 26, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address/USPS)
P.O. Box 1179
Southold, NY 11971-0959
1'7- ! L<V(f7r"l
/ - ~K(a~47p.e=-,)
#8662
''o;//~'--'d''''-'.
.
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
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
10th day of January. 2008.
Sworn to before me this
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY, JANUARY 24,2008
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and Chapter 280 (Zoning), Code
of the Town of Southold, the follow.
iog publio:; hearings will be held by
the SOUTHOLD TOWN ZONING
BOARD OF APPEALS at the Town
Hall, 53095 Main Road. PO. Box 1179,
11:25 AM. ROBERT and ERIN
DICKERSON #6120. Request for a
Variance under Sections 280-122A and
280-124, based on ZBA Interpreta-
tion #5039 (Walz Application) and the
Building Inspector's November 16. 2007
Notice otDis~pproval concerning pro-
posed additions and alterations to an
existing dwelling, which new construc-
tion creates a new nonconformance or
increase in the. degree of nonconfor-
mance when. located less than 50 feet
from th~tront lqt line amHess than 15
feet an a side yard. Location of Proper- I
ty: 16~ Alvah's Lane, Cutchogue; crM
1024-8.l.
1:00 P.M. MILDRED ANN DIACK
#6109. Request for a Variance under
Seetion 280-116A.2, based on the Build-
ing Inspector's October 11,2007 Notice
. of Disapp~ovaI conce~ing the loca-
tion'of a dwelling at less than 100 feet I
from the ordinary high water mark of
the Long Island Sound, at 1840 Leeton
Drive, Souttwld; c;TM 58-2-11.
1:'20 PM. 1690 BAYVIEW ASSOCI-
ATES #6117. Request for a Variance
under Section 280-116B, based on the
Building Inspector's November 5, 2007
Notice of Disapproval concerning pro-
posed alterations to. the existing first
floor, new second-floor addition over
the existing first floor, which new con.
struction areas :will be less than 75 feet
from the bulkhead adjacent to Goose
Creek, at 1690 Bayview Road,Southold;
CTM 70-12-37.
1:35 PM. SANDFORD and ELIZA-
BETH FRIEMANN #6114. Request
for Vari.ances.under Sections 280-116B
and 280-124, based on the Building In-
spector's amended November 26, 2007
Notice of Disapproval concerning pro-
posed additions, swimming pool, and
K~~
Principal Clerk
10
,j~-h\11 ~
CHR'lh~1 V6LINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-V061 05050
Qualified In Suffolk County
~_9mmlsslon Expires Februo.,v 28. 2008
Southold, New York 11971-0959, on
TIfURSDAY JANIJARY24 2008:
9:30 A.M. CHARLES HILL #611l.
Request for a Variance under Section
280-15, based on the Building Inspec-
tor's November 5,2007 Notice of Dis-
approval concerning an as-huilt acces-
sory shed in a yard other than the code-
required rear yard, at 655 Lake Drive,
Southold; CfM 80-3-20.
9:40 A.M. DEBRA LACHANCE
#6133. Request for a Variance under
Section 280-124, based on the Building
Inspector's November 14, 2007 Notice
of Disapproval concerning a proposed
addition to the existing single-family
dwelling, which is proposed less than
10 feet from the side yard, less than 25
feet for total side yard setbacks, and less
than 35 feet from the front lot line,at 630
Ruch Lane, Southold; CfM 52-2-26.
9:55 AM. ROBERT and MARY
KATE DIGREGORIO #6115. Request
for Variances under Sections 280-15B,
280-15C, 280-124. based on the Building
Inspector's October 15, 2007 amended
Notice of Disapprova] concerning a
proposed accessory garage on this
16.586 square foot lot. The new garage
is proposed at 22 feet in height in a loca-
tion at less than 20 feet from the side lot
line. and less than 35 feet from the front
lot line, at 1000 Oak Street (at Pierce
Drive), Cutchogue; CTM 136-1-36.
10:05 AM. RUSSELL E. PLAN-
ITZER #6112. Request for a Vari-
ance under Section 280-14, based on
the Building Inspector's October 30,
2007 Notice of Disapproval concern-
ing proposed alterations to an existing
third-story living area in a single-family
dwelling, for the reason that the Code
limits construction to 21/2 stories in
height.Location of Property: South Side
of Ocean View Avenue, Fishers Island;
CfM 9-11-3.1.
10:25 AM. JOHN CORBLEY#6119.
Request for Variances under Sections
280-122, 280-124, based on the Build-
ing Inspector's October 4, 2007 Notice
of Disapproval and Zoning Code Inter-
pretation #5039 (Walz) concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will create a new non-
conforming side yard setback, and will
create an increase in the degree of non-
conformance, when located less than 15
feet on one side yard and less than 35
feet for both side yard setbacks (total),
at 680 Mason Drive, Cutchogue; CTM
104-7-3.
11:05 A.M. GARY GUJA #6116.
Request for Variances under Sections
280-124 and 280-242A, based on the
Building Inspector's September 17,2007
Notice of Disapproval concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will create a new non-
conformance or increase the degree of
nonconformance with setbacks total-
ing less than 35 feet on both side yards,
at 372 North Drive, Mauituck: CfM
alterations to the existing single-family
dwelling, which new construction: (a)
will be less than 75 feet fr-om the bulk-
head adjacent to Cutchogue Harbor and
(b) will exceed the code limitation of
20% maximum lot coverage. Location
of Property; 1165 Old Harbor Road,
New Suffolk; CTM 117-3-8.4.
1:50 PM. RICHARD TRIPPTREE
#6118. Request for a Variance under
Section 280-124, based on the Building
Inspector's September 7, 2007 Notice
of Disapproval concerning a proposed
porch addition which willbe less than 40
feet from the front lot line, at 910 Wa-
basso Street, Southold; CTM 78-3-50.1.
2:05 P.M. FRANCIS J. COUTIS
FAMILY TRUST by G. Hallenbeck III,
Trustee #6098. (Continued hearing). Re-
quest for Lot Waiver to Unmerge. Loca-
tion of Property: 10650 Sound Avenue
at corner of Factory Avenue, Mattituck.
CTM 142-1-3.2 and 3.3.
2:20 P.M. KINGA CRARY #6108.
Requests for additions and alterations
to accessory building with: 1) proposed
habitable space for studio workshop as
shown in the proposed layout of the ac-
cessory building, (2) proposed noncon-
forming setbacks from the side and rear
lot lines at less than three feet. and (3)
proposed dormers exceeding 40% of
the roof width. Location of Property:
355 Skippers Lane, Orient; CfM 24-2-4.
3:00 PM. EDNA McNULTY (and
JOHN C. DILLER and HOLLY M.
DILLER) #6090. Request for a Vari-
ance under Zoning Cqde Section
2I:lO-18, based on the Building Inspec-
tor's July 26, 2007 Notice of Disapprov-
al which states that the Bulk Schedule
requires a minimum lot area of 40,000
square feet, and the area of CTM Parcel
1000-145-02-1.5 will be reduced from
20,877 square feet to 20,093 square
feet, creating a greater degree of non-
conformity, with a lot line change to en-
large CTM Parcel 1000-145-02-1.4 from
22,151 square feet to 22,936 square feet.
Both parcels are currently nonconfonn-
ing in lot size in the R-40 Low-Density
Residentia] Zone District, located at
160 and 240 Great Peconic Bay Boule-
vard, Laurel.
The Board of Appeals will hear all
persons, or 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 business
hours and prior to the day of the hear-
ing. If you have questions, please do not
hesitate to contact our office at (631)
765-1809. or by email: Linda.Kowalski@
Town.Southold.ny.us.
Dated: January 3, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER.
CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailin$!: Addressl
_ /1- $, / TOWN OF SOUTHOLD.. PRO~E~TY RECORD C~RD
STREET - VILLAGE' DIST. SUB.
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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
JAN 8 7008
BOARD OF APPEALS
AFFIDAVIT
OF
MAILING
S.C.T.M. NO.1 000-009.00-11.00-003.001
-------------------------------------------------------------------)(
COUNTY OF SUFFOLK )
ss.:
STATEOFNEWYORK)
I, STEPHEN l. HAM, III, having an office at 38 Nugent Street,
Southampton, New York, being duly sworn, depose and say that:
On the 5th day of January, 2008, I personally mailed at the United
States Post Office in Southampton, New York, by CERTIFIED MAil,
RETURN RECEIPT REQUESTED (e)(cept as set forth in the ne)(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 current london address by regular
overseas air mail. I know of my own knowledge that the address appearing
on the attachment hereto is the current address for Ms. Herrick and that the
address on the current assessment rolls is her former address.
~'-- L . ~.JiL
Stephen . Ham, III
Sworn to before me this
1ftL day of January, 2008
I~ la'15oufeh-t
Notary Public, State of New York
KATHRYN A. BOUTCHER
Notary Public. State of New YOllI
No. 01805085189. Suffolk Cou",
Commission Expires September 15, ~ '1
SCTM No.
1000-9-6-9
1 000-9-11-2.1
1000-9-11-3.2
1000-9-11-4
1000-9-11-7.2
.
.
ATTACHMENT TO
AFFIDAVIT OF MAILING
.
Owner and Address
"".
Martha Spofford McKown -
Alexander McKown
19-30 Prospect Ridge
Ridgefield, CT 06877
Anita Macrae Feagles "-
635 Riomar Drive
Vero Beach, FL 32963-2012
Edmund P. Osborn "-.J
Sandra S. Osborn
13685 Sperry Road
Novelty, OH 44072
Theodore T. Osinski ~
145 E. Tall Oaks Circle
Palm Beach Gardens, FL 33410
Ms. Lucinda J. Herrick
74 Denbigh Street
London SW 1V 2EX
England
Postage $
.. Complete items 1, 2, and 3. Also complete
item 4 it 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 parmits.
1. Article Addressed to:
Certi/led Fee
ru Return Receipt Fee
Cl (EndOrsement Required)
D
D
Raslr:<cted Delivery Fee
(Endolsement Required)
s'
Edmund P. Osborn
Sandra S. Osborn
136&5 Sperry Road
Novelty, OH 44072
3. ServIce Type
ICI Certified Mall D exp.... Mall
D Registered D Return ReceIpt for Merchandise
D Insured Mall D C.O.D.
4. Restricted Dslivery? (Extta /'ee) D Yes
D
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D
rn
Total Postage & Fees $
~to d S (
r'- dmund P. Os1;>()r..'.'....L...S.~.'.':dr.~....U"___
~ ~tr~~:i~:;%~:'~i-3f;85 Sperry Road _..____.___
['- ~~~~ei~~~-.-~~----.4-407-2-------.------.--
2_ Article Number
(T"flllJSferfromS8lVlceIBbelJ
7007 3020 0002 4449 9810
COMPLETE THIS SECTION ON DELIVERY
postage $
. Complete items 1, 2. and 3. Also complete
item 4 if Resb1cted 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 mallplece.
or on the front it spece permits.
1. Article Addressed to:
A Signature
certlliedFee
ru Return Receipt.Fee
Cl (Endorsement ReqUired)
Cl Restricted Delivery,Fee
Cl (Endo;sement ReqUired)
Total postage & Fees $
D. Is delivery address different from item 17
ff YES. enter delivery address below:
D
I1.J
D
rn
M~~tha s.p.()r~.()r.ciu.M."1.5:o.~L~1.,,:'
r'- Si,iiei:;;';;CN""19_30 Prospect R~~!S..
Cl or PO Box No. .___.____________..--
\2 "iff~~~ifhd;u'CT 06877
Martha Spofford McKown
Alexander McKown
19-3D Prospect Ridge
Ridgefield, CT 06877
3. ServlceType
QiI CsrtifJed Mall D exp.... Mall
D Registered D Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
so
r'-
I1.J
<0
IT'
IT'
;r
;r
;r
DYes
"Y
Postage $
2. Article Number
(T"RIfISf8r from servtce label)
/ ; PS Form 3811, February 2004
I / ,;"
~'Ol
<0 i P<
'-;..\
.' '-... Vero Beach, FL
~Ii,
7007 3020 0002 4449 9834
Domestic Return Receipt
102595-0241540
Art1~a J.YlClt;rae- .rt::Cll:5.Lt::~
32963-2012
1--
Certified Fee
ru Return Receipt Fee
Cl (Endorsement Required)
D
D
635 Riomar Drive
Total Postage & Fees $
3. ServIce"JYpe
tiiI Certified Mall D ExplOS8 Mall
D Registered D Return ReceIpt for Morchandlse
D Insured Mall D C.O.D,
4, Restricted Delivery? (Extra Fee)
Dyes
Restricted Deiivery Fee
(Endorsement Required)
D
I1.J
D
rn
", r'-
D D
OJ D
.... r'-
....'
:3"
:3"
;r
entTo 1
Anita Macrae Feag es uu___...um
sr;eeCt.:iiClVo~;-6"'3--5."ii.~'~~~-.'D~-i'~e
or PO Box No. _....______...______....____..__.____.....____.__.
c~I~~.z'Bitach, FL 32963-2012
2. Articte Number
(T"_rfromS8lVlce/abeQ
PS Form 3811. February 2004
7007 3020 0002 4449 9827
Certified Fee
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D. Is delivery address different from item 17 0 Yes
If YES. enter delivery address below: 0 No
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,. Tall Oaks Circle
Beach Gardens, FL
33410
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4. Restricted Delivery? (Extta Fee)
DYes
enl To
1'- . ... Theodore T. Osinski
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"p. C.'''No.' 145 E. Tall Oa.k.......C..:......l........uu........
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PS Fonn 3811. February 2004
7007 3020 0002 4449 9803
Domestic Return Receipt
102595-()2.M.1540
.
.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, STATE OF NEW YORK
----------------------------------------------------------------------x
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
-----------------------------------------------------------------------x
COUNTY OF SUFFOLK)
AFFIDAVIT
OF SIGN
POSTING
ss.:
STATE OF NEW YORK)
I, Harland Frazier, residing at 5,,,,,,, \." 'fl. OI.!t-'1..e ,being duly sworn,
depose and say that: "iJ. Ly"'-<- c. I ot J 7/
On the 7+1" day of January, 2008, 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
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 January 24,
2008.
Harland Frazier
Sworn to before me this
I:': day of January, 2008
~LU~
(Notary Public)
MY COMMISSION EXPIRES 3(Jl(!rJ8
~ ~~~\'~@1.
~J\ ~~y ~
V<
.
MATTHEWS & HAM
ATTORNEYS A.ND COUNSELORS AT LAW
38 NUGENT STREE'!'
SOUTHAMPTON, NEW YORK 11968
PHILIP B. MATTHEWS
(I91lH982)
631-283-2400
STEPHEN L. HAX. III
BARBARA T. HAl(
FACSIMILE 631-287-1076
c-mail: Matthamesq@aol.com
January 24, 2008
MEMORANDUM TO:
Zoning Board of Appeals
Town of Southold
FROM:
Stephen L. Ham, III
RE:
Application No. 6112 of Russell E.
Planitzer lSCTM # 1000-9-11-3.1)
This Memorandum is submitted in support of the application for a variance
by Russell E. Planitzer relating to premises owned by him at Ocean View Avenue on
Fishers Island (Application No. 6112; SCTM # 1000-009.00-11.00-003.001).
VARIANCE REQUESTED
Mr. Planitzeris requesting a variance to the Southold Town Zoning Code (the
"Zoning Code") to permit the renovation of and alterations to the third story of the single-
family dwelling on his 2.32-acre parcel as shown on the Site Plan Prepared for Russell E.
Planitzerprepared byCMEAssociates Engineering, Land Surveying & Architecture, PLLC,
dated September 10, 2007 and submitted with the application.
Mr. Planitzer's residence is currently undergoing construction involving
renovations and additions on the first and second floors, all covered by Building Permit No.
33485 Z issued on October 23, 2007 (as amended in December 2007). However, a
,
variance is required to permit the proposed renovation and alterations to the
nonconforming third story. The desired variance relates to the restriction under the Bulk
1
.
.
Schedule in Section 280-14 of the Zoning Code that limits the number of stories of a
single-family dwelling to two and ol]e-half.
Since the proposed renovations and alterations are for a permitted use in this
R-80 Zone District and the relief sought relates to the dimensional and physical
requirements ofthe Zoning Code, the requested variance is an area variance. Town Law
S 267.1. Therefore, the standards of Town Law S267-b.3(b) apply.
The factors to be considered by a zoning board of appeals in making a
determination regarding an area variance under Town Law S 267 -b.3(b) are as follows: (1)
the benefit to the applicant as weighed against the detriment to the health, safety and
welfare of the neighborhood; (2) whether an undesirable change will be produced in the
character of the neighborhood or to nearby properties; (3) whether the benefit sought can
be achieved in another manner; (4) whether the variance is substantial; (5) whether the
variance will have an adverse effect on physical or environmental characteristics; and (6)
whether the alleged difficulty was self-created. An examination of the circumstances
present in the instant matter in light of the foregoing factors follows.
1. Relative Benefit and Detriment. The third story of Mr. Planitzer's
residence currently consists of a twenty-foot by twenty-foot master bedroom and bath with
dormers. The proposed renovations and alterations will be in the same footprint and the
use of the third story as a master bedroom and bathroom will not change. The third story
will actually be reduced in scope by the removal of dormers. As discussed in greater detail
in subsequent sections of this Memorandum, the structure and use of the third story have
existed under a duly issued Certificate of Occupancy for more than thirty years. Moreover,
unlike several other parcels in this neighborhood, the subject parcel, the existing residence
2
.
.
,
and the proposed renovations and additions all conform to the dimensional requirements
under the Zoning Code. Und_er th~se circumstances, it is not unreasonable fQr Mr.,
Planitzer to continue in the same location (albeit with a different configuration) the benefit
of a master bedroom suite, a permitted use under the Zoning Code.
There should be no detriment to the health, safety or welfare of the
neighborhood by the granting of the requested variance. Indeed, the change to the
physical characteristics of the third story, involving removal of the dormers, will actually
reduce the visual impact on the neighborhood.
2. Character of the Neiahborhood. The third story renovations and
alterations will not result in an undesirable change in the neighborhood or to nearby
properties.
In the first place, the resulting structure will conform to the height and
setback requirements under the Zoning Code for the R-80 Zone District. (The height of
the dwelling will continue to be 33 feet 1 inch, about two feet less than the maximum.)
As far as nearby properties are concerned, the exterior change to the third
story, the removal of the dormers, should produce a lesser visual impact than if no
changes were made at all. Even the additions to the first and second stories for which no
variances are necessary will be behind the existing structure and therefore less likely to
be visible or to affect sight lines from the street. The subject parcel is, after all, over
101,000 square feet in area, fully 26% greater in lot area than the minimum required under
the Zoning Code, a minimum that is satisfied by only one of the four lots which it adjoins.
Finally, as discussed below, the third story with a master bedroom and
bathroom has existed without change in its current location for more than thirty years. If
3
.
.
anything, it will be less noticeable when the work is completed.
3. Alternatives. 1;..s discussed in Section 6 below, plans for th~ mas;er
bedroom and bathroom in the third story of what is now the Planitzer residence were
approved by the Town of Southold Building Department in 1973 and a Certificate of
Occupancy for the completed structure, including the third story with that use, was issued
in 1974. The applicant is not asking for any relief other than to continue the same use in
the same location without expansion and indeed with some contraction. Under these
circumstances, the alternative of removing or relocating the master bedroom and bathroom
to another part of the dwelling is far outweighed by the other factors discussed in this
Memorandum. Accordingly, it is neither a feasible nor a just alternative.
4. Substantial Nature of Variance. If the applicant were seeking
approval for the construction of a new nonconforming third story when he could possibly
comply with the two and one-half story limit, the nature of the variance requested in this
case would rightly be considered substantial. However, as noted above, the proposed
renovations and alterations to the third story will be in the same footprint as the existing
third story, they will result in the same use as now exists, and will even, with the removal
of the dormers, involve a contraction rather than an expansion of the nonconformance.
Moreover, the third story with a master bedroom and bathroom has existed and been used
in its current location for more than thirty years and that location would not change under
the project as proposed. In light of these factors as well as the absence of an adverse
impact on the neighborhood and community, the variance requested is not substantial in
nature.
5. Impact on Phvsical and Environmental Conditions. Due to the size of
4
.
.
the subject parcel, the presence of ample natural screening, the removal of the dormers
and the fact that the third ~tory tor which the variance is necessary already lawfullY,exists
in its current location (where it has been for more than thirty years), the impact on physical
and environmental conditions will be benign and of much less significance than if those
factors were not present. The third story will have no impact on lot coverage but, even if
it did, upon completion of the project, lot coverage will increase only to 6.8%, well below
the 20% maximum.
6. Self-Created HardshiD. The issue of self-created hardship may
appear to be an issue in this case by reason of the fact that the third story of the subject
residence was built at a time (like the present) when only two and one-half stories were
permitted and no variance was apparently granted in connection with its construction.
Therefore, the circumstances under which it was built must be examined and addressed.
Attached hereto as Exhibit A are copies of the following documents relating
to the residence now owned by the applicant as printed out for me from Building
Department records by Damon Rallis of that Department: (i) Application for Building Permit
by Z & S Contracting, dated August 7, 1973; (ii) Building Permit No. 6946 Z, dated October
23, 1973; (iii) Certificate of Occupancy No. Z6209 issued to Henry C. Osborne III, dated
November 25, 1974, for a private one-family dwelling; and (iv) Plans and Elevations,
consisting of pages 1 through 11, prepared by James Velney Righter. (The floor plan for
the master bedroom and bathroom appears as Page 4 of the Plans and Elevations or page
A-6 of Exhibit A; I have enlarged the Page 4 from the version given to me by Mr. Rallis and
inserted it as page A-7 of Exhibit A.)
As the documents attached at Exhibit A reveal, the former owner of the
5
.
.
subject property submitted plans in 1973 which included a so-called "Third Floor Plan" at
Page 4 (pages A-6 angA-7 pn Exhibit A). The Building Department approyed those1973
plans, including the proposal for what is now the third story master bedroom suite of the
Planitzer residence, for a building permit, and it approved the ultimate construction,
including that suite, for a Certificate of Occupancy in 1974. Since that "Third Floor Plan"
is the same plan as the existing third floor plan shown on page EX1.3A of the Existing
Third Floor Plans and Elevations prepared by BD Design Inc. and submitted with this
application, the current third story of the Planitzer residence, whether conforming or not,
was duly approved by the Building Department and is now covered under the 1974
Certificate of Occupancy on which Mr. Planitzer relied when he acquired the property from
Henry Osborn in 1999.
Based on the foregoing, the third story of the Planitzer residence, to the
extent that it does not currently conform to the Zoning Code, should in the interest of
fairness and justice be treated as a pre-existing nonconforming building and not as a self-
created hardship (whether attributable to Mr. Planitzer or his predecessor in title). Applying
the principles of the provisions of Section 280-122 of the Zoning Code which deals with
nonconforming buildings with conforming uses, Mr. Planitzer should be granted the relief
to remodel and reconstruct the master bedroom suite since those actions will not result in
any new nonconformance or increase the degree of nonconformance.
CONCLUSION
For the foregoing reasons, the requested variance should be granted in
order to permit the applicant to complete the renovation of his third story master bedroom
suite.
S.L.H., III
6
.
.
.
EXHIBIT A
7
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FORK NO. 1
y Jf/J; f (f'I:J ~
Y"vU;.~ I 1'11-( 7<;flJJl
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined
.......03d...;t..~..........,
Approved
.\ -,
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19........
19?~ Permit No. .~.7...'i..(,~....:..
Applicotion No. .C:..~..'(..(;................
........................................,
Disapproved ole ........
................................................:.....:.~...:...::::::::::N:e~ii~~:::::.:........................
APPUCA TlON FOR BUILDING PERMIT
Dote.. ..Mg..Z,.............................., 19.:?;1....
INSTRUCTIONS
Q. This application must be completely filled In by typewriter or' in ink. and submitted in triplicate to the Buildi.,
Inspector, with 3 sets of pions, accurate plot plan to scale. Fee occorchng to schedule
b. Plot plan showmg location of lot and of bUlldlngs on premises, relationship to adjoining premises or public streets (
areas, and gIving a detailed description of layout of property must be drawn on the dlogram which IS part of this applicatiOr
c. Ti:le work covered by thiS application may not be commenced before ISSLlonce of Building Permit.
d Upon approval of thiS application, the Building Inspector wtlllssue a BUlldmg Permit to the applicant Such perm
sholl be kept on the premises available for inspection throughout the work..
e. No bUilding sholl be occupied or used in whole or in po rt for any purpose whatever until Q Certificate of Oc:CUPOIlf
shall have been granted by the BUilding Inspector.
APPLlCA TION IS HEREBY MADE to the BUilding Deportment for the Issuance of a Budding Permit pursuant to tl
Building Zone Ordinance of the Town of Southold, Suffolk Coun!y, New York, and other applicable Laws, Ordinonces,
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, os herein describe
The appllcont agrees to comply With all applicable laws, ordinances, budding code, housing code, and regurations, and
admit authorized inspectors on premises and in buildings for necessary inspections.
Marie and Renald Zanghetti
DBA Z&S CONTRACTING
...... ...(Si.g.~t~;~.~f..~p.p.ii~~~t:. ~~.~~;;,~:..if..;;.~;p~~ti~~j.....
~9.~..?Q.?A...f.l~~~r..~...~.~),~~.!.!j.!.l;.!.~~??.~..............
(Address of applicant)
Stote whether applicant IS owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build
General Contractor
............................................................................................ ..............................................................................................
Nome of owner of premises ...tf.~.~...Q.~...~~~~~...~.~.~..... ...... .. ........ . .......... ........... ........ .... ......... ...................
If apphcont IS 0 corporate, s~tur:..of ~ authorized officer. ,
"A#~..Z~~.~:d.<.~. ~
VC"((,IIft ~~':.d title of corporate officer)
BuUder's License No. .Q~.7:~;.Q;.'?~.l..........................
Plumber's License No. ..5:5!r.:p...................................
~
Electrician's License No ...22l1:~.~.............................
Other Trade's License No. ..............................................
2
plans
1. Location of land on which proposed work will be done Map No. ~~.~..~.h~.~:l;i...,;...~.~... Lot No. ...................
Street ond Number qg.~"r.\..y.!!'!~..!!.y!'!~':!!!...:F.~.s.~!!~~.. .!.!!.~~~.!.. .~.:.!..:......... ...........~!!!-!.!1h.!!!.~.............
Municipality
Stote exishng use and occupancy of premises and Intended use and occupancy of proposed construction:
a Exlsiting use and occupancy ............y!9.~~~...~.!:It............................................. ..... ..................................
b Intended use and occupancy ~r..;.~.~!...~~~~~....f~.~~.f...~~~.~~.~.~~.!.~... ......................................
A-- I
Nature of work (check which O.le): New Building ... .X........... ~ition ..............Iteration . .
Repair .................. Removal.................. Demolttlon. ......... ..... Other Work ........ .. ..................... .... .n.....
') I :J - (Description)
(YO I -
Estimated Cost .....J117.S.11.Qll...!lll..................... ...... . Fee ...................................................... ............... ..
(to be paId on filing thiS application)
If dwelling, number of dwelling units .0...1.......... .........Number of dwelling umts on each floor...- ................
If gorage, number of cars ..:J....~."'1:.,....:t....j;.t:=fL.9.:tf.~:r. ..w.............................................................................. . .
If business, commercial or mixed occupancy, specl'fy nature and extent of each type of use nq,n" ..........
Dimensions of existing structures, if any: Front.. n' .................... Rear ................................ Depth ..... ...... ......
Height ........................ Number of Stories .... ......... ..........................................................................
Dimensions of some structure with alteratiOns or additions: Front. ..................... . ....... Rear ..... ...
Depth ................................ Height ................. ..........Number of Stories ..... ............. . .........
Dimensions of entire new construction: Front ........... ........................ Rear ............. ....;........ Depth. ..........., .
Height J~.~.............. Number of Stories ....J......... . ............................................ . ... ... . . .
Size of lot. Front fil.ll"...!lhllll.'!i..#.L.!:\'...l!.+.!W.!!...... Rear ......... ................................ Depth ......................... ..
Dote of Purchase ................................. ............ ...... Name of Former Owner ......... .... .. .......... .. ....................
Zone or use district in which premises ore situated .................................. .................................................... .
Does proposed construction Violate ony zoning low, ordinance or regulotton: ................. ........................ ...... .....
Will lot be regraded ....nfL................. Will excess fifl be removed from premises: ( ) Yes ( X> No
Nome of Owner of premisesl\Ilm:1I...Q.....Q.~l!.9.rn...g.L..... Address (H..ll!!!!!!.~.!':~...r.P.,~.. Phone No.ll.?7.:,:.7.~5!l...
Nome of Architect ;r:!!,l!!!l~...Y.....J:U,g!\:!'.~r ........... .......... Address !j"!.1'!..!:\~Y.~r..,.g.!!'!!'Phone No. '(.7.R.:.)'9..5.R...
Nome of Controctor .~~.. QO!!~.!!!<g.n.J:iI~........ . . . ......... Address r..~~!>;~~}.~~~~one No.1.!\/!:::Z/!.57....
PLOT DIAGRAM
Locate clearly and distinctly 011 bUildings, whether eXisting or proposed, and mdicate all set~back dimenSIons fron
property lines. Give street and block number or description OCCOrdlng to deed and show street names and indlCOh
whether interior or comer lot '
,
3
4.
5
6
7.
8.
9
10
11
12.
13.
14
See site plan en drawings -sheet #1
~J;'0~-r$F o~~.~O'i~.t.....jS.S
.. .....J'1~t.~..~.:r....fi..~~~..~.~I1Sh.'-~~.t................ .. .. bemg duly sworn, deposes and soys that he IS the o;:.phco'
(Nome of indIVidual signing contract)
above nomed.
He IS the .......~~~~~;:......~.\'!..9.~I,l,~!l~g!!~!!........................................................................................... ..... ......... .
(Contractorl ogent, corporate offIcer, etc)
of Said owner or owners, end IS duly authorized to perform or have performed the SOld work and to make and fl
this oppllcotion; thot 011 statements contOlned In thIS appllcotion are true to the best of hIS knowledge and belief. ar
thaT the work Will be performed in the manner set forth in the application filed therewith.
Swom to before me this
......;l,.l?...':!... doy of ..~.~........ .... .... '9.p'a~ L~~ rL.. .~
Notory ~~hC:~~E'~'" County ....... .....................!t~.~;;~;~ ~f-:;i:~;;~~~
Nolary Publtc, S'Qla of :iew YOJ:k
No 52-l)J2~t3Q
QuQlib..d UI SuU~I:C County
Teall. expum. MQ.rch 30. 19 7r
A~7.-
.
.
FOBM NO. Z
TOWN OF SOUTHOLD
BUILDING DEPAltTMENT
TOWN CLERK'S OFFICE
-. SOUTHOLD. N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PT<EMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
N~ 6946
z
Date ............................(lot......aa............, 19.13-..
Pennission is hereby granted to:
J
z...&...s...conb.ae~1l:1C.....A/t;..BNI1:J'..Q.....().bora '111
...........l.1.sher.s..Il!l1.al:Jd..... ........ ............ .........
..................................................................................
IIoli1l1ld..new...l:lne...famiJ.7...dw.eJ..:U.r.g....... ... ........................... :................... ......... ........ .......... ..
at premises located ot ......Ocun..Y1etl...A.'\te..... ...............................................................................
........................................................J!'1sher.s...tslatld.......li..it.......................................................
...n........................................................................n. ............. ........................................................................
pursuant to application doted ........................._.....7,................. 1"3...... and approved by the
Building Inspector.
Fee ~~.\J..........
....[~...QG:...Q~iidi.ng Inspector .......................
v
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A~3
.
J'OBllI NO. 4
.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold. N. Y.
Certificate Of Occupancy
No.~~~9~...... .
Date .. ........ Ji.QV. .. 25'.. .. ... 19.7.4-.
THIS CERTIFIES that the building located at OeeU1 .Vie., Aye........ . Street
Map No. .XX. ...... Block No. ..XX.... Lot No. xxx.. .F.1she.rs.laland. .N.Y....
confonns substantially to the Application for Building Pennit heretofore filed in this office
dated . . . . AUC' . . . .7. . . .. 1973.. pursuant to which Building Pennit No. 69~6Z . .
dated . .. .~t.. 23. ..., 19.73. was issued. and confonns to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . ~~.j,,,~ ~!l. . Q~!I..:r;~;1,y' . 9-~lf]:+;1Jlc.. .. ... .. ............................
The certificate is issued toHelU'~ . C.. Osbor.ne. III ... . .Owner ...................
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval p.~.:I,n&..... ....
UNDERWRITERS CERTIFICATE No. .11.95t" ... .NPJE .20.. .197!+................
HOUSE NUMBER . . . .~0J2.e. . . . . . Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .':::: :!f~;,:: :\~~..'.'.~. ....... .... .........
Building Inspector
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617.20
Appendix C
Slate environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
,PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
'''-16-4 (919S)-Tltxt 12
I PROJECT 1.0 NUMBER
SEaR
1. APPLICANT/SPONSOR Stephen L. Ham IIi. as ~12.. PROJECT NAME
authorized agent of Russell t. P anitzer Demolition and Addition at Planitzer Resi
- 3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION (S1reel add'8::;$ and road Intersections. prominent landmarks. etc., Of provide map)
(no II) Ocean View Avenue, Fishers Island, Town of Southold, County of Suffolk
(SCTM II 1000-009.00-11.00-003.001)
5. 1$ P,qOPOSED ACTlON:
~N.w o Expansion o ModUlcaltonlalleratlon
6. DESCRIBE PROJECT BRIEFLY:
addition to single-family residence following partial demolition
7. AMOUNT OF LAND AFFECTED:
Initially 2.32 acres Ultimately 2.17 acre.
8. WI~L PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTlONS?
DYe. ElNo II No. describe briefly
Proposal for alteration of third story violates zoning provision limiting
residences to two and one-half stories.
9. WHAT IS PRESENT LAND USE IN V1CINJTY OF PROJECT?
[] Aealdentlal o Incusulal o Commercial o Agrlc:ulture o hrk%oresUOpen space DOlher
Describe:
Residential R-80 Zone District
'0. DOES ACTlON INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.,
STATE OR LOCAl)?
~Y" DNo n yes, list agency(s) ancl perrnlttapprovais
". DOES A.... '~PECT OF THE ACTlON HAVE A CURRENTLY VAUO PERMIT OR APPROVAL?
1!9 Yeo . , If yes, lilt agency name and permttl.~~rova1
No
Addi):ions and alterations to the first and second floors of the structure
are approved pursuant to Building Permit No. 33485 Z issued. by the Town Bldg. D,p
12. AS A RESULT OF PAOPOSl;O ACTION WIll. EXISTING PERMIT/APPROVAL REQUIAE MODOFlCATlON? on 10/23/07
Dyo. DlNO
I CERTIFY THAT THE INFORMATION PROVlOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEOOE
Appllc,antJsponsor name: ~W-(...tf-,~ Dais: 11/19/07
SteKhen L. Ham, III, as authorized agent
of ussell E. Planitzer
Signature:
ence
t.
If the action Is In tha Coastal Area, and you are a state agency, complete the
Coastal Assessment Form bafora proceeding with this assessment
OVER
.
.
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics nrohibits conflicts of interest on the nart of Town officers
and emnlovees. The nUTllose of this form is to llTovide information, which can alert the Town of
nossible conflicts of interest and allow 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 of Plat
Exemption from Plat
or Official Map
Other
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or 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:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through 0 (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corp
of the applicant (when the applicant is a corporation); IRECIEDVIED
B) the legal or beneficial owner of any interest in a non-c( -porate entity
(when the applicant is not a corporation); ." .'.
C) an officer, director, partner, or employee of the applica t; or "" " .""
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
BOARD OF APPEALS
Submitted this 19th day of~ember ,
Signature: ~ (.. . t""- Z
Print Name: Stephen 1.. Ham. III. as
authorized agent of
Russell E. Planitzer
2007
.
.
Russell E. Planitzer
845 United Nations Plaza - Apt. 47B
New York, NY 10017-3540 .
July /'1, 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
ISCTM 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,
Q~~~
Russell E. Planitzer
STATE OF NEW YORK)
COUNTY OF }h.> I..{~
.
ss.:
.
ACKNOWLEDGMENT
"
On the It 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.
(sig ture and oui of individual taking acknowledgment)
Notary Public
SEETA G. ROSS
NoIary Public. Slate of New York
No. OfR06f052fO
Qualified in Bronx County
r.ommission Expires Feb. 9, 2008
.
.
MATTHEWS & HAM
ATTORNEYS AND COUNSELORS AT LAW
36 NUGENT StREET
SOUTHAMPTON, NEW YORK 11968
PHILIP B. MATTHEWS
(1912-1992)
STEPHEN 1. HAM, III
BARBARA T. HAM
631-283-2400
FACSIMILE 631-287-1076
e.mail: Matthamesq@aol.com
November 20, 2007
BY HAND DELIVERY
!5)/;0'GG''0iIE~
~"\lh\!0~
i.fu.i U-tt ~o.-
l'lOV 20 2007
"ZI3 b JI J-;
BOARD OF APPEALS
Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
F€:
Application of Russell E. Planitzer
(SCTM No. 1000-9-11-3.1)
Dear Board Members:
In connection with the referenced application, I have enclosed seven sets
of documents consisting of the following:
1. Applicant Transactional Disclosure Form, signed by me as agent.
2. Notice of Disapproval, dated October 30,2007, together with copy of
building permit application.
3. Application to the South old Town Board of Appeals, including Area
Variance Reasons, duly sworn to by me as agent, together with Project Description.
4. Z.BA Questionnaire, signed by me as agent, together with copy of
Building Permit No. 33485 Z.
5. Short Environmental Assessment Form, signed by me as agent.
6. Stapled set of drawings entitled "Third Floor Renovation to The
Planitzer-Fiske Residence" consisting, respectively, of cover page T1.0 prepared by BD
Design Inc., Site Plan prepared for Russell E. Planitzer by CME Associates Engineering,
Land Surveying & Architecture, PLLC, dated September 10, 2007 showing proposed
addition, Existing Third Floor Plans and Elevations (pages EX1.3A, EX2.0 and EX2.1)
prepared by BD Design Inc., and Third Floor Plan and Roof Plan with South, North, East
and West Exterior Elevations (pages A 1.3A, A2.0, A2.1, A2.2 and A2.3) prepared by BD
Design Inc.
.
.
Board of Appeals
November 20, 2007
Page 2
7. Property Assessment Card for the subject property.
I have also enclosed my check to the Southold Town Clerk in the amount of
$400 and a copy of the authorization from the owner to me relating to an application
regarding the same property brought earlier this year. (If required, I will provide an
updated authorization in due course.)
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can be placed on your
calendar for a public hearing on the earliest possible date.
Thank you for your attention to this matter.
Very truly yours,
-b~ vh.-.
Stephen L. Ham, III
Enclosures
\DC re (0) if~n:0\E.\Q)
~Ib\ho-='U
~oV 1 () 'S,)1
Of APPEAlS
BOARO
..
~41'.~
':. :.:~
Nov 19 2007 3:04PM
ED REM~ELING + RESTORATI
631-788-7192
p.2
.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO.
33485 Z
Date OCTOBER
23, 2007
Permission is hereby granted to:
RUSSELL E PLANITZER
845 UNITED NATIONS PLAZA
NEW YORK,NY 10017
for:
ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS
APPLIED FOR AND AS PER LETTER DATED 10/15/7 FROM BD DESIGN ASSOCIATES.
at premises located at
OCEAN VIEW AVE
FISHERS ISLAND
County Tax Map No. 473889 Section 009
Bl.ock 0011
Lot No. 003.001
pursuant to application dated SEPTEMBER 11, 2007 and approved by the
Building Inspector to expire on APRIL
1,314.40
23, 2009.
Fee $
o
Rev. 5/8/02
COpy
.
.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 11/20/07
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
, . RECEIVED
,
6112 Planitzer, Russell E. 12877 $400.00 NO'! 2 1
~.
:ioutho'd Town ere
$400.00
k
By_
Thank you.
.
Date: 11/21/07
Transaction(s):
1
Application Fees
Check#: 12877
Name:
Planitzer, Russell E
38 Nugent Street
Southampton, NY 11968
Clerk ID: MICHELLE
Town Of South old
P.O Box 1179
Southold, NY 11971
.
* * * RECEIPT * * *
Receipt#:
Reference
6112
Total Paid:
12877
Subtotal
$400.00
$400.00
InternallD: 6112
-
---------
. .
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
MAP #:
PLANITZER, R.
9-11-3.1
#6112
APPEAL: Height Variance
REQUEST: Alterations to Existing 3rd Story
DATE:
THURSDAY, Jan. 24,10:05 AM
If you are interested in this project, you may review the file(s} prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
r
,d(d-'Io! ~ ~ ~.~~C-YM-- ,-0/~
, I -< lONINt"BOjH'6/A~e'ALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
DecemberJ.7, 2007
Re: Town Code Chapter 55 - Public Notices for Thursday, January 24,2008 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before January 7th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Surveyor Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another cddress for a neighbor, you may want to send the
notice to that address as well. If any letterl'ls r6l.urned to yOU undeliverable, yOU are requested
to make other attempts to obtain a mailinq address or to deliver the letter to the current owner,
to the best of your ability, and to confirm now C1rranqem ,lts were made in either a written
statement, or durinq the hearinq, ~rovidinq the returned letter to us as soon as possible:
AND not later than January 8t : please either mail or deliver to our office your Affida\ t of
Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to
our office with the white receipts postmarked by the Post Office. When the green signature
cards are returned to you by the Post Office, please mail or deliver them to us before the
scheduled hearing. If any signature card is not returned, please advise the Board during the
hearing and provide the card (when available). These will be kept in the permanent record as
proof of all Notices.
2) Not Later January 14th: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver your Affidavit of Postina prior to January 24, 2008.
If you are not able to meet the deadlines st:lted in this letter, please contact us promptly. Thank
you for your cooperation.
Very truly yours,
Zoning Appeals Board and Staff
Encls.
.
.
Office Location:
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
hllp://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
November 27,2007
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. 6112
Action Requested:
Within 500 feet of:
Planitzer
Height Variance
( ) State or County Road
( X ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
James Dinizio, Jr., Chairman
By:
Enclosures