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HomeMy WebLinkAbout6121,Qoc~ oFF /,e~~~~phg,~~/4 A~~ /)'),~- / ivo~ ,~' ;'~~~a~ -fts ~6v,~,i fFa-f ~~'DY-c~osi• i~u-~2oo~ ~~,,c, -ago- is J bo`~ .~ siaE Y,gebs• a©o-~~ ~- J ~,-c~ ti~~~~~ - w ~~C12t~c~.v po~~ ;~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,,~;~OF SOUr~o~ ~~' • ~~0,~ http://sou[holdtown. northfork. ne[ • Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Oftice Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS REC IVED ~ TOWN OF SOUTHOLD 7J'. "z S Tel. (631) 765-1809 • Fax (631) 765-9064 ~ ~ ' 6 FINDINGS, DELIBERATIONS AND DETERMINATIOO aa~wn C MEETING OF May 8, 2008 ZBA # 6121: KURT FREUDENBERG and JANET LATHAM Location of Property: North Side of Lester's Road (private Right-of-Way off the east side of Westphalia Avenue), Mattituck CTM 114-7-2.1 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. BASIS OF APPLICATION: Based on the Building Inspector's amended November 28, 2007 Notice of Disapproval concerning the as-built location of an accessory shed and applicants' request for a building permit concerning a proposed accessory swimming pool. The as-built shed is located in a side yard, and the swimming pool is proposed with a lot coverage that will exceed the maximum code-permitted 20% lot coverage for all buildings and structures on the property. ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280-124, which states that accessory buildings and structures shall be located in the required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008 and April 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 REQUEST: In the applicants' application as originally filed, variances were requested for the as-built shed location and for a proposed swimming pool proposed in a side yard rather than the code-required rear yard. AMENDED RELIEF/SWIMMING POOL REQUEST WITHDRAWN: On March 18, 2008 and following the first hearing that was advertised and held February 28, Page 2 -May S, 2008 ZBA # 6121- K. FREUDENBERG and J. LATHAM CTM # 114-7-2.1 2008, the applicants submitted a letter to the Board of Appeals on March 18, 2008 withdrawing the variance request for a swimming pool. 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)(ll. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing shed is less than 100 square feet in area and has been constructed with the same architectural style as the existing house. This side yard location places the shed farther from the road than the existing house. 2. Town Law &267-bB)(b)(2). The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. Placement in the code-required rear yard is precluded by wetlands- protecting regulations that require anon-disturbance buffer between the house and the creek. 3. Town Law &267-b(3)(b)(3). The variance requested for the small shed is not substantial. 4. Town Law &267-b(3)(b)(5). The difficulty has not been self created. It is a result of regulations protecting wetlands. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance on this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a shed, 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 Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on survey amended November 3, 2007 by Howard M. Young, and elevation sketch date-stamped by ZBA December 10, 2007, and be it further RESOLVED, that the swimming pool variance is WITHDRAWN, as requested. Page 3 -May 8, 2005 ZBA # 6121- K. FREUDENBERG and J. LATHAM CTM # 114-7-2.1 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: Mgm~rs Goehri ge Chairman), l~a, Dinizio, Simon, and Weisman. This Res9l~ion was dul ted (5-0). P. GOEHRINGER, CHAI~~AN 5//S%2008 for Filing / - --- Mf ~ ~ ~°D ~ FORM NO. 3 ~ NOTICE OF DISAPPROVAL ~ ~J~~ DATE: October 30, 2007 AMENDED: November 28, 2007 TO: Patricia Moore (Freudenberg/Latham) 51020 Main Road Southold, NY 11971 Please take notice that your application dated October 24, 2007 For permit for an "as built" accessory shed and construction of an in-pxound swimming_pool at Location of property ROW off Westphalia Avenue, Mattituck, NY County Tax Map No. 1000 -Section 114 Block 7 Lot 2.1 Is returned herewith and disapproved on the following grounds: The "as built" accessory shed and the proposed in-ground swimming pool, on this non-conforming 22,875 sauaze foot lot in the R-40 District, aze not nermitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yazd. The "as built" accessory shed and the proposed in-ground swimming_pool, aze both located in the side yard. In addition, the "as built" construction is not permitted pursuant to Article XXIII Section 200-124, which allows a maximum lot coverage of 20 nercent. Following the pronosed construction, total lot coverage will be 20.6%. \.V. lllV, L.L.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. o~~ ~/~3_ ~/z9/73 L ~cu~ ~,., -a- w,~i~ #e2.7S`S"r ~75(< 771ui~~ a'Mw,ti~ /°~Pn v~ irp,,~-0 ~~e~~ ~e~~ ~L.~. ~' h ec~ l (os' L-~s~e~-s ~c~ /~ ~~~~ Eck /I~f,/ ~a y..~.~ ~ tt~ ,~~~~ ~~~ ~~~® DEC 1 0 ~~~,~ APPLICATION TO THE SOUTHOLD TOWN $~ Filed By: Date Assigned/Assignm{nt No. ~c House BOARD SCTM 1000 Section 114 Block 7 Lot(s) 2.1 Lot Size 22,875 Zone r-00 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/30/07 amended 11/28/07 BASED ON MAP DATED 11/3/07 Applicant(s)/Owner(s): Kurt Freudenber¢ & Janet Lathem MailingAddress: 165 Lester Road, Mattituck NY 11952 Telephone: 298-4937 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: Patricia C. Moore Esa. for ( )Owner, or ( )Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-0643 Email: pcmooorelna,optonline.net Please check bax !o specify who you wish correspondence to be mailed to, jrom the above names: ^ ApplicanUOwner(s), or ~ Authorized Representative, or ^ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11/3/07 and DENIED AN APPLICATION DATED 10/24/07 FOR: ° Building Permit ^ Certificate of Occupancy ^Pre-Certificate of Occupancy ^ Change of Use ^ Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article_III_ Section 280- 15 (Accessory building in side yard) subsection Article XXIII Section 280-124 (Lot Covera¢e) Type of Appeal. An Appeal is made for: ° A Variance to the Zoning Code or Zoning Map. ^ A Variance due to lack of access required by New York Town Law-Section 280-A. ^ Interpretation of the Town Code, Article Section ^ Reversal or Other __.___ A prior appeal ~ has , 0 has not been made at anv time with resoect to this oroaerty. UNDER Appeal No. 1853 Year 1973. (Please be sure to research before completing this question or catt our office for assistance.) Name of Owner: Kurt Freudenber¢ & Janet Lathem ZBA File # REASONS FOR APPEAL (additional sheets may be used with oreoarer's si¢naturel: AREA VAR/ANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Prior to construction of the dwelling the Trustees required a 50' nondisturbance buffer which prohibits ~ ~ ~~~~ placement of accessory structures in the back yard (waterfront side of house) . The only land available for any accessory structures is the side yard. The storage shed was constructed to match the architectural style of the house (Custom built). The owner was not aware that the shed required a variance for the side yard because the structure did not require a building permit (less then 100 square feet). The Lot coverage is only .6% over 20%. The application is the minimum reasonable so reduction of .6% lot coverage becomes difficult because the pool is a standard size and the shed is "as built". The stairway from the elevated deck is needed for access. (2) The beneTit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The nondisturbance buffer eliminated the land for accessory structures. The House is close to the road, consistent with the average setbacks of the neighboring homes, so the front yard is not available for placement of structures. The side yard is already cleared and contains the swing set and play area. The children are older and the family wishes to build a pool. This home is the families primary residence. (3) The amount of relief requested is not substantial because: The location of the structures in the side yard becomes a necessity for waterfront properties with the ever increasing regulations on the waterfront side of the house. Regulatory buffers eliminate the use of the rear yard for undersized properties. The lot coverage is almost met. The elimination of the lot area, a law adopted after the house was constructed in 2003, results in noncompliance with the 20%lot coverage. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The nondisturbance buffer protects the wetlands. The pool will contain proper filters and drains to prevent draining into the Creek (5) Has the alleged difficulty been self-created? (X )Yes, (As to shed) or (X )No. (As to location of pool and Lot coverage) The Nondisturbance buffer and change to calculation of lot coverage results in need for variances. Are there Covenants and Restrictions concerning this land: = No. ^ Yes (uiease furnish convl. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( J /F A USE VARIANCE /S BEING REQj1BD PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Piease be sure ro co a~G((1 your actor i ) 1 nat evt Appellant or Authorized Agent ST Ff (Agent must submit written Authorization from Owner) Sworn to before me this day or D6C'• , zo O ~~ Notary Pu lic MARGARET C. RUTKOWSlO Notary Public, State of New York No. 4882528 I]ualffied in SuNolk CourlQt Commission Expires June 3, a-O~/ APPLICANT'S PROJECT DESCRIPTION I ----- (For ZBA Reference) Applicant: Freudenberg_& Lathem ~`~ ~ Date Prepazed: November 1, 2007 2Gr /~~/.Z / I. For Demolition of Existing Building Areas (NONE) BOARD OF qpp~ n , :_ Please describe azeas being removed: House and Deck- all existing s II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Elevated decking modified for access stairs to pool Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): NO CHANGE TO HOUSE Is basement or lowest floor azea being constructed? Existing Walk out basement If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlazgement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 2: Percentage of coverage of your V. Purpose of New Constr~Ton ested: ~~~ VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): on Mattituck Creek with Trustee condition when accessory structures Please submit seven (7) photos, labeled to show all yazd azeas of proposed construction after staking corners for new construction), or photos of existing building azea to be altered (azea of requested changes). 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes a No B. Are there any proposals to change or alter land contours? E No ^ Yes, please explain on attached sheet. C. 1) Are there azeas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? ves 3) Is the property bulkheaded between the wetlands azea and the upland building area? No 4)If your property contains wetlands or pond azeas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Permit oendine and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Mattituck Creek E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No [f 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 Existine residence constructed in 2002 with 50 buffer and proposed use because of natural buffer "As built" shed in side yard, addition to existint= deck to chance stairs access to orooosed pool, and proposedpool (examples: existing: single-family; proposed: same with gazage or pool, or other description.) __ ~~j~ ~ utho ' d Signature and Date '~~ `~ 2/05; 1/07 BOARD OF AFF~A.LS APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,~ Of SOUryo~ ~ a ~ • ~O ~°~yCmluTV ~~~ • Mailin~Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h[[p: //sou[holdtown. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 May 19, 2008 By Regular Mail and Fax Transmission 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6121 -Variance Determination (Freudenberg and Latham 114-7-2.1) Dear Ms. Moore: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 5/15/08 to: Building Department ~ ,~a ~.. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765 Fax: (631) 765 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 ~:~ 43 r~i' ~~~~~~~ Marga et Rutkowski ~ B tsey Perkins N~~~ ~ " ~~~~ Secretaries ~'(~IZ~ BOARD OF APPEALS Re: Freudenberg Appeal 6121 Dear Linda: My client has requested that I withdraw the pool variance however, the remaining issue of the "as built" shed in the side yard requires a variance and we ask that you proceed with that portion of the application. The cost of the pool exceeds their budget and they do not wish to construct a pool at this time. Thank you for your courtesies in this matter, and we apologize for any inconvenience this may cause. If you have any questions, or request any additional documents please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Freudenberg I~F~~~ " lg ~ ;~.,I g~ "~~' 2 ~ PATRICIA C. MOORE ~ ~ I Attorney at Law 51020 Main Road Southold, New York 11971 ~~~~~~ Tel: (631) 765-4330 ~~~" Fax: (631) 765-4643 ~ L~~g' ~ ~,°ti t d~- ~, ..,n O January 14, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Freudenberg/Latham SCTM # 1000-114-7-2.1 Dear Chairman and Board Members: 0 Enclosed please find a copy of the field sketch of the above premises on which the surveyor has depicted the location of the stakes that he set. Ifyou have any questions, or need anything else, please do not hesitate to contact me. Thank you. Very urs, ricia C. Moore PCM/mr Enc. _~ ~• ~. . G~ °j~• .h 2 ~~ / 7 - p~~v-~ ~ ca 1(~+P65~p ~Ub ~- ~ ~EZ~<- ~P~ ~ ~~ ~~, ~~ ~ G OPT ~~\ ~ e~°~~~ l ~P Pe 'C P1,~~~,P~~ 1C O 1,1~~P'C~R ~\'S`L ~~G~ ~ ti E . ~ 6105 0 o~ ~ 29 26 a ~~ ~^ E ~ tiry 1~ 6~ ~~ 81 ~ 2`'' .. /`j 09° \ u \ 2 5006 1'~ decl~pr~eat - N E F,N 113 ~9~ 2 5005 stairs_pr de~ILpr_n®at ~ OQp. SO'i P~ P~ RPMe PV tiry F ~~~ 1 ti ~ ~ 1g. ,fir 01~ ~_ OF ~0~ ~ $ y Ukat s~ 5 ti A .,.o`NP.`~.~aFa.B10p, O ON NOS ay VNF. D e~N NE V" N J c0 tio N i~RM ••1 Y 6 w O ~`s'a+' sp"' .P 5003 ITI E ~ y~'Src:~F' X C pool_pr~Teat ~ m \ ~~ 5002 pool_pr_neat Y'i P P~~10E~~ mo ~ SO ~'+ ~~ J ~\S~G '- ~_ ~a/ ~,^, nF ., v ~\~\ PO\ ~OP~~. G~ •(`~ ~ ~1S o~ ~0.-, ~ o~ ~~ ]` "i G `~' ~~ C. _ \, W' •N o~ moo. .NPV~ O ~' .~ NI 25j~~G~PE ~OJS F F.EI- 3T o _a.ae, R° 5.00' ROAD TIE J "<i. N ~ O O g 500 ~ y-. $ ~s ~ W m pool_pr_n~ - Y _. ~ _ E 5000 pool_pr_r s"~ .,,~ g FRAME SHED ~ 50 ! Zy 4.2 N TIE ~ RAIL ROAD 21~ ~' 40.6' ~i. 0.3'N 'W ~ \ 0.3 ~ {~ FENCE n Fy0 ~ ~ 2 V 38.5' ~ ~ A ti2~ O~ S ~g~ eP~ ~'~~?yt .10~• od ~~ ap N~ 'A~ yti' ,~ ~°~~ m 9~ .~ ~~ ~ , ~~ ~~ ~3 "" ? tin '$;~a• ,09° ps"i c"~9 ~~ h .ooyA. 9S~`~9 ^OD~p / H y1 ~N~ ~q~ ^O ~" ~Ir~/DF/~ PATRICIA C. MOORE , Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Sl`d~dd`d d0 a2i`d08 gooz o ~ Ndr ~-x(0/02' Betsey Perkins Secretaries January 10, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Freudenberg/Lathem Tax Map#: 1000-114-7-2.1 Dear Chairman and Board members: Enclosed please find a typical construction diagram of the a pool provided by Swim King Pools. The exact dimensions of the Fruedenberg's proposed pool are shown on the Young & Young survey in your file, 18' x 36' with 7' x 14' steps down and shallow area. The pool depth is 9 feet (deep end by the road) and shallow end of 3' 8 ;~". If you need anything else please do not hesitate to contact me. Please place this application on your next calender hearing. Very truly yours, ricia C. Moore • i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 TeL•(631)765-4330 Fax: (631) 765-4643 December 7, 2007 HAND DELIVERED Attn: James Dinizio, Chairman Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 RE:FREUDENBERG SCTM: 1000-114-7-2.1 Dear Mr. Dinizio: ~F~°~~ll~~:x DEC i U 2007 ~/ /d / With reference to the above, enclosed please find seven sets of ZBA application together with my client's check in the amount of $600.00 for the application fee. Please place this on your next available calendar. Thank you and please do not hesitate to call should you have any questions. V ruly yours, ~ti' Lf ~ t 4~j' C Patricia C. Moore ~~2Q PCM/bp .~ encls. • • -p~v ~D ~~~~ a1 Ej . n ~ ~ n rr d~ F U Z w Z ~,/. ~p,~~ft pp ~6YaY ~6J/~{ P9 ~ ; ry Q T ' n ' ' ' Z -~ V ~ ~ 5 10 5 ~ ~ ~ y ' ~~ ~~++C~,,w~~yp~~11LL'' ~E16.FAVIIU ~ - .LA4eYU:. ,,,,i 1 C , .~"`~/ ~~ BOp,R~ ~F APPEALS ~r~ ~~~ rex~aav ~nIE'Raw.e ~urserlt, ~sa~rnc ~R ?I ~ X'..16Vr~r C 'W?SEP.LNE~~ '\ 0'R8 ~Alb7FDN81£11Yfr~ s •' ~y~~ d~ as -., .. ~~~ ~~~~~~ ~`~~~i ~i~~~~~i~~~~~~~ii ~ r~ 2" tD9"N??F7 ray 1, smcast5~xrs~ir«rcLOxie~itrairlv/xice?E~mr~EE.r r~nat rnaNnExa ra^Eaa•nEEaxtscna~EVaxE, 2dpTtL! 1MMQWIflRY~ EHi~ Ha7f5 Nn R9?5. n71nI141p179ESgil~ Dl(1tLL fU En2b^DE IE'/1MCF fB; k4fE R 1EiD,A PI R„E xE1B".CEN %kkt fd EY.Ek; EN7:'U, CI M1Y~i 111Y? C'. :.Y„iI.~4;'iESW.alt 11;?IYP~.A.~'9F5'/JNiRFPIA 1,'Ik,ICrAP:h'`MI M1UEII&C fO PlIE{'::AkEfitMYlfU,';II. 7LRA8:SIi 10° I i TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.neUSouthold/ BUILDBVG PERMTT APPL ION CHECKLIST Do you have or need t~ng, before applying? Board of Healdr 4 sets of Building Plans Planning Board approval PERMTT NO. Examined ,20 Approved ,20_ Disapproved a/c zo_ Septic Contact:. Mail ~f~~(~Ov AFC ~ C ~n,~7 °~s,;~ OF APPS^I_`. r_ (~~ R ry~ R Building Inspector I~1~LS. l'7 IS ~ V l5 ~n~ ':.i~ . 11 '~ ~' APPLICATION FOR BUII,DING PERMIT c~,~ 24'. _~ .__ ___~ Date , 20 ~~~' -'=' INSTRUCTIONS a. This application MUST be completely 511ed in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fce according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or azeas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Perndt. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a pemdt 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 ptupose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building pemrit shall expire if the work authorized has not commenced withia 12 months after [he 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 [he interim, the Building Lvspector may authorize, in writing, the extension of the permit for an addition'six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or slteratioas 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. ignature of app5cant or name, if a corporatlonJ) / Saco /~JO~'1 ~aq! Jr7u~to/cY (Meiling address of app5cant) State whether applicant is owner, lessee, agent, azchitec't, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~{' [/ ~ ~ (As on the tax If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License Na. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: R b, Iny ~ ~F Gvcstohai» House Number Street ' County Tax Map No. 1000 Section // y Block Subdivision ~ Filed Map (Name) latest deed) R.:~ Y,i%l ~::_~_, . 2. State existing use and occupancy of premis~d intended use and occupancy of proposed constrIlEion: a. Existing use and occupancy ~0 ~r.~n b. Intended use and oc~~ cy ~Oo/ ~,~ `rcas /~cu1f ° S/•ec/ ifi Stdt~crcc.~ . olc.Ct. !tclcLcd+e+~ f'o .a~ia'Sfrn-~ ~tezcr-e.. 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing stmctures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories S. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Reaz Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are 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 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. I S a. Is this pmperty.within 100 feet of a tidal wetland or a freshwater wetland? *YES NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO_ * IF YES, D.E.C. PERMITS MAY BE REQUIRED.. 16. Provide survey, toscale, with accurate foundation plan and distances to property lines. 17. If elevaltion at any point on property is at 10 fee[ or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUN~~TJJ'Y/OF /(L T~iS2 4 a ~ ~BD/`e being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the etc.l of said owner or owners, and is duly authorized to perform or have performed the said work and [o make and file this application; that all statements contained in this application aze true to the best of his Imowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw t before me this day of 20~ ~otary Publi !1{VA'910a! urrnwwax..v.~ rwmiesnom~ ~~~ a Signature of Applicant / ~ • OFFICE LOCATION: T H ll 1~~OF SO(/TjyO 0 l MAILING ADDRESS: own a Annex h ~ P.O. Box 1179 54375 State Route 25 y ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY N ~ G Q Tele hone: 831 786-1938 P • ,O o~yCOU~,N~ Fas:831786-3138 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2008 Re: ZBA file Ref. No. 6121 (Freudenberg/Lathem) r~i° ~~~0~~~ FEB 2 22008 BOARD OF APPEALS The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following standard best management practices are implemented. If the action is approved the followine best management practices (BMP's) are recommended: 1. Maintain a 50 foot non disturbance buffer landward of the wetland to protect the creek. 2. Require erosion and sediment controls (hay bales. silt fencinel to protect the creek during construction and final ading 3. Require a drywell for pool dewaterin The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 63 Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. /' r~~- C7 • Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc p . ~. a~~ z ` ~' ~,~ai ~ ~ ~~ ~~ ~OUNTY OF SUFFOLK • \ 4° . rJ. /- G-K RM 'a ~r~s~~ ~ ,~~, s o-u~ - 3•-4 Steve Levy SUBPOLR COUNTY 8X8CUTIVB SOIL AND NATBR NSBRVATION DISTRICT FAX: (631) 727-3160 James Dinizio Jr. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 January 9, 2008 Re: ZBA File Ref. No. 6121 (Freudenberg/La Dear Mr. Dinizio: Thomas J. NeNahoa DISTRICT NANAOBR (631)727-2315 JAfv [ ~ i008 'mr ~ ,. ~~~~ F~ We have completed a site assessment at your request on this day January 9, 2008 at the Freudenberg/Lathem parcel adjoining Mattituck Creek. The following is a summary of our assessment. The Suffolk County Soil Survey has this parcel mapped as CpC (Carver and Plymouth Sands with 3 to 15 percent slopes) and Fd (Filled Land along the shoreline. The lot is very well vegetated (Landscaped) over the majority of the parcel. Only a small area along the water line is bare, from the high-tide line down. The entire parcel slopes towards the shore line. No evidence of erosion was present at this time over most the parcel. Only the bare area along the shoreline shows some ac*_ive erosion due to tidal flow and the existing bulkhead which is causing an acceleration of erosion at the corner of the bulkhead along the neighboring property to the southwest. The house has existing downspouts entering into drywells and does not add any surface water runoff to the Creek. Vegetation is dense and stable covering the majority of the parcel. This consists of dense sod around the house, landscape plantings across the slope and natural tidal grasses and plants along the waters edge. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 P/~~.~ To the southwest, the neighboring parcel has an exis ev Gv bulkhead. At the time of my visit, water was flowYi+t ~ 00~ towards Mattituck Creek and the visible current ~hows s~rnp~"~ti signs of scouring at the corner of the lot. While~ero~~on is minimal at this point, over time it may becomeenecessary °FP to harden the shoreline. First a planting of tidal ras~~'~'O may be planted to slow or curb the erosion, such as 2°N~N Spartina alterniflora and Spartina patens. We have Planting Recommendation Sheets in our office for this purpose. Recommendations for shoreline stabilization can also be obtained from New York State Sea Grant Extension Service at Stony Brook Campus, phone 632-8730. Placement of the proposed built-in pool is on an area that has been leveled at this time for a play gym and the sloping area towards the shore. It appears that this area is from 10 to 15 feet above the high tide line and may not affect the groundwater. Drainage of pool water should not be allowed to be directly discharged to surface waters. There are no problems with placement of the pool that were noted. Location of the existing shed does not appear to have any negative impacts from an erosion aspect. It should be noted that the Owner's application asks for a 7' by 12' shed whereas the drawing shows an 8' by 12' dimension. If there are any other areas of concern that you would like to visit, please feel free to contact us again. Respectfully, ~~ ~~ ~ - '~~ Paul A. TeNyenhuis, Sr. Soil District Technician ~ COUNTY OF SUFFOL~ JAN 15 Zoos STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING January 9, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: DIRECTOR OF PLANNING 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 detemunation should not be construed as either an approval or disapproval. Applicant(sl Municipal File Number(s) Freudenberg (Kurt) and Latham (Janet) 6121 Dunn, Majorie (c/o Patricia C. Moore, Esq.) 6122 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 . (631(853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631(853-4044 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-114-7-2.1 AGENT: Patricia C. Moore Esq. 51020 Main Road Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ^ Planning Dept. ^ Building Dept. ^ Board of Trustees ^ Zoning Board of Appeals X_ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ^ (b) Financial assistance (e.g. grant, loan, subsidy) ^ (c) Permit, approval, license, certification: ^ Type: _ ,,~ ~`~ - ~~ ~OA2D OF APPEALS Town of Southold LWRP Nature and extent of action: cool and shed in side yard Location of action: 165 Lester Road, Mattituck Site acreage .5 acres in R-40 zone Present land use: existing residence with 50 foot vegetative buffer from Mattituck Creek, proposed pool and shed in side yard. Maintain existing setbacks of not less than So feet from edge of wetlands Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Kurt Freudenbere and Janet Lathem (b) Mailing address: 165 Lester Road, Mattituck (c) Telephone number: ( 1C/o 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ^ No ^ If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes benef cial use of a coastal location, and minimizes adverse effects of development. See LWRP Section 111- Policies; Page 2 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion Qf appropriate): accessory structures are proposed for existing residence on Mattituck Creek neighborhood consists of/z acre lots so all structures are less than 100 feet from edge of wetlands Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section 111- Policies Pages 3 through 6 for evaluation criteria Yes ^ No ^ Not Applicable ^ Discussion (if aoorooriatel: Disturbed property with no historical archeoloeical resources Town of Southold LWRP 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria Yes ^ No ^ Not Applicable ^ Discussion (if appmpriafe): the addition of a swimming pool and shed to the existing residence has no visual impact NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria Yes ^ No ^ Not Applicable ^ Discussion (i(appropdate): the proposed structure does not imnact flooding or erosion, no draining of Wool will be aermitted into Creek. Policy 5. Protect and improve water quality and supply in the Town of Southold See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes ^ No ^ Not Applicable ^ Discussion (if appropriate): no water runoff of the proposed pool is expected- propoer filters and drains will be installed. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion ptappropdate): No impact- cool which maintains 50 foot buffer does not impact ecosystem Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion (itappropriate): Not applicable on air gualitV Policy 8. Minimize environmental degradation in Town ofSouthold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Town of Southold LWRP Discussion (inappropriate): no impact on waste or hazardous substances PUBLIC COAST POLICIES Policy 9. Provide for public access lo, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion (if appropriate): urivate property elevated above Mattituck Creek WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111- Policies; Pages 47 through 56 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion (inappropriate): Existing residence promotes protection of Bay Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111- Policies; Pages 57 through 62 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion (if appropriate): accessorx structure will not impact marine resources. proper maintenance of pool assures no impact Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111- Policies; Pages 62 through 65 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion pfappropriate): no agricultural land affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111-Policies; Pages 65 through 68 for evaluation criteria. Yes ^ No ^ Not Applicable ^ Discussion pnappropdate): no impact on energy or resources *copy of Town form created on 2/I 1/06 Town of Southold LWRP 4 ELIZABETH A. NEVII.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~,{~'a0F SOUjyo~ ~~~ ~ • ~~0,~ ~1y00UNT'1 ~',~` 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: December 12, 2007 RE: Zoning Appeal No 6121 Transmitted herewith is Zoning Appeals No 6121 Kurt Freudenberg & Janet Lathem the application to the Southold Town Zoning Board of Appeals. Also enclosed is Notice of Disapproval, Cover Letter from Attorney Moore, Letter Authorizing Patricia Moore to file for Applicants, Questionnaire, Applicant's Project Description, LWRP Consistency Assessment Form, Application for Building Permit, Property Record Card, Drawing and (2) Pictures of Shed, Survey. Town Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 12/11/07 Transaction(s): 1 Application Fees Receipt: 1441 Reference Subtotal 6121 $600.00 Check#:1683 Name: Freudenberg, Kurt F 165 Lester Road Mattituck, NY 11952 Total Paid: $600.00 Clerk ID: CAROLH Internal ID: 6121 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/ 11 /07 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6121 Freudenberg, Kurt& Lathem, Janet 1683 $600.00 RECEIVED OEC 1 1 r.'~,' Soathold Town CIerM $600.00 ~y i Hank you. Office Location: USPS Mailing Address,: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h~o~OSUFFO(,~co o ~~ rA x W • http: //southold[own. northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 LEGAL NOTICE S309S Main Road P.O. Box 1179 Southold, NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. FEBRUARY 28.2008: 9:30 A.M. KURT FREUDENBERG and JANET LATHEM #6121. Request for Variances under Section 280.124, based on the Building Inspector's November 28, 2007 Notice of Disapproval concerning the as-built location of an accessory shed and the proposed location of an accessory swimming pool, which will exceed the maximum code-permitted 20% lot coverage for all buildings and structures. Location of Property: Northerly Side of Lester's Road (a private Right-of-Way off the east side of Westphalia Avenue), Mattituck; CTM 114-7-2.1. 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: January 29, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ~ C r~~ res (rte n~pc l~ ~ L>'~ ~ #8782 -LK 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 each week for 1 week(s), successively, commencing on the 10th day of April. 2008. Y ~~ \ Principal Clerk Sworn to before me this ~ ~ day of 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. Ol-V06106060 Goalltlad In 6ultolk Coun1Y My CommYgon E~Piw rbb1YP1Y k1, SOIk • 06143. Request fora Variance under Section 280122, based the Building Inzpccrot's lenmry Noace of Disapproval and ZB Interpreta- tion N5039 (Walz) co mg proposed additions and altera[ons to an existing single-fmnily dwelling which will result ' increase in the degree of the exist- ing Imot yard setback nonconformance, m Icss then 50 feet. t.ocatiw of Prop- erty:90 5teding Road, Cutchogue; CI'M tU4-4-4.1. 940 A.M. 11 T~R~IPHER aEV- ELYN CONKLIN-ZBA M6155. Request tar a vaam,<e mraer semian zao.Hfia bused an the Building Inspector ~ April 2. 200A Notice a[ Uiaapprovel concern- ing proposed additions and altemtimu w tlto existing dwelling which will be leas tban ]5 feet Gom the bulkhead, nt 3400 Ole Jule Lnne at lames Creek (dmdged canal), Mauimck, CTM L000-122-4~2(Ll. R50 A.M t1U 1N L'AN CEI DER - ZBA 06148. Request for a Variance um der SecGnn 280-IPA, bored nn the Build- ing Inspector's January 16, 2W8 Notice of Disapproval concerning a proposed new dwelling, abet demoNion of the ex~ fisting buiding, with from yard setbacks at less than the code-requited 35 feet- Locntiun of Property 10 Hickory Road m,a chaamw Raaa, mmhala; crM 54{,.Id- 1005 A.M. DONAI D HDHN-ZBA 86149. Request for Variances under Sec- tions 280-15 and 280.124, based on the Building Inspector's March ^, 2W8 amended Notice of D'nappmval con- ning aproposed new dwelling end ac- essory shed strumure for the following: (a) the new construction will exceed the code limitation of 2D% for lot coverage; (b) the new dwelling is proposed at feu than 35 feet from the front yard lot line; (c) Ne proposed shed will be u a side yaN rather than the code-requires rear yard, at 945 Eas[ GilleHe Drive, Eeet Marion; CIM 38-3-2. 10:20 A.MJAM~$F M~$KOI RrS - ZBA A6142 Request for a Variance un- Oer Section 280-124, based on the BuiIJ- ing inspector's March 25.2008 amended Notice of Disapproval wncerning pro- posed additions and alterations to the existing single-family dwelling, which new constmatiov will result in s tat coverage exceeding the code limitation. Location of Property:1360 Sound Beech Drive, Matlituck; CTM 106-1-36.1 (for- merly 36). 10:40 A.M. CrCl ~RP -ZBA pfi146. Request fora Variance under Section 280-SOC, based on the Building Inspector's January 11, 2008 amended Notice of Disapproval concerning a pro- posed business building (retail business and contractor's yard) in this B-Genecal Business Zone District, which building will have Gontagc greater than 601inear fee[ along the sweet. Location of Prop- erty: "14495 Roum 25, Greevport; CTM IODO-45-4-4.1. 10:55 A.M. MI HA L PMN - ZBA 06153. Request rnr a Variance un- der S«Hov 280-124, based on the Budd- ing Inspemor's March 10, 2008 Notice o[ Disapproval whcemivg proposed additions to the existing single-family dwelling at feu Chao Ne code-required 35 k.mioimum front yard setback,at 420 Lake View Drive, al Marion Lake, East Marion; C1M 31-9-11 . 11:05 A.M. I POLITEC d KFVIN FERRO ZBA p612~. Loaalion of Property: 300 Jackson Street, New Suffolk; CTM. 11 ]-10-2. The Applicants propose r vationslalterations, addi- Eons, and expansion o[ the existng ac- ssory cottage building ana in this Ap- peal requesting the following: iJ RevemN (under Section 2R0-122) of the BNWivg Inspector's November 8. 2009 NoHtt or Diwpprovd wNCh etatea That the a«easory rotlage nee Lv noncom mtndnn,ml rovmitmn. aeeana aweu- LEGAL NOTICE ~u P11 SOUTHOLD TOWN ZONNG ~D BOARD OF APPEALS on the THURSDAY,APRIl. 24, 2008 =non, PUBLIC HEARINGS bsiIIr NOTICE IS HEREBY GIVEN, par- grid D uant to Section26]of the TOwn Lawand tlnn tl Chapter 280 (ZONng), Code o[the"Pown ~~] of Southold, the following public hear- i-=•F logs will be held by the SOITCHOLD of e b TOWN ZONING BOARD OF AP- which PEALS at the Town Heli, 53095 Main W be Road, PO. Bax 11]9, Southold, New usese York )19]1-(1959, on THIIRADAY. ygE 1 3) Almrnalivelg Variances based on tM1C Building Inspector's Nm'ember A, E00y Notice of Disapproval under 8eo tlnn ZBU-121A and Section 100-JtA, denied for the reasons Ihal the ac wry coXage use is nonronforlNng and wosfitutu v aeroM dwelling unit, end s ouch may not be enbrgeQ dteree, edended, re<onuroaed or ratoree o placed on a different portion of the lot. nor ahdl any extend evMesce of rvch Bee be Ivueaeea fry wy mews whelao- ever u a arond dwelling uNL 1:10 P.M. T D NB R - [eNFT r a??IAM -ZBA A6121 (PH held 228108. Auorncy i lever wnfirms amendmem that wi(hdmws requut for swimming pool requesting shed v e. L«mian of Property: Caster's Rnad, a private Right-ot-Way oR rite east side of Westphalia Avenue, Mauituck; CPM 114-]-2.1 1:20 P.M. PAL1 and MAIIRFEN CACIOPPO etil2]. Request for a Vad~ under Section 280.12V, based o the euiiding Inspector'z December 2]. 200) Noti¢ of Disapproval concerning the location of an aucuory inground swimming pool, which will exceed the code limitation or 20% lot coverage, at ]35 Jackson Street, New SuRalk; CI'M 117-9 fi. 1:35 P.M. GREG d KARMFN DADOURIAN - ZHA p 6131 Carry- overirom22W08. Request for Variances under (1) Section 280124, and (2) Sec- hon 28015, both based ov the Building Inspector's December 28,2IXI) Notice of Disapproval concerning the fixation of ew dwelling al less than 40 feet Gom the code-reyubed minimum from yard setback, end [or a swimming pool lo- cated in a side yard rather than [he code required front yard or rear yard for this waterGOnt parcel,)«ated at 695 Pelty's Drive at Long Island Sound, Orient; LTM 142 D. ITe Board of Appeals will beer all persons, or their repmsentatives, desir- ingto be heard at each hearing, andlor dosiring m submit x~ritlen 4tatemenls before the conclusion of uxM1 base 'mg. Each hearing will not start earlier than designated above. Files are avoib aMe [or review during regular business boos and prior m the day ar the nem- Ing If you have yucstions please do not hesitate to conmm o r uRkc m (631) ]65-1809, or by c,nail ~Lindd Kowalski(.' i'awn Sowhold.ny.us. Dated: April4, 2008. ZONING BOARD OF APPF,ALS ('.ERARD P. GOF.HRINGF.R, CHAIRMAN RY LINDA KOWALSKI 543'15 Main Rnad (ORce Lnemionl 5JOY5 Main Ruad (M1fvilingNSPS) P.D. Ban 11]Y SmnholU, NY 119'IFIIYSY 8"1H?-I'f 4/10 • 9:30 A.M. PAII Tt~n' ABA- 2) C~~~~ ff87,1 I ~~K~ STATE OF NEW YORK) I ) SS: COUNTY OF SUFFOLK) FE8 2 7 20A8 BOARD OF APPEALS 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 21st day of February, 2008. h ate/ Principal Clerk Sworn to before me this CX t-(~ day of F~l~~~ ` 2008 ~CH~IST~ VI /O1 NSKIVI% L/V ~/1 r/ VOTARY PUBLIC-STATE OF NEW YORK Hooding Inspector'aamended lanaary 8, al aa6esi tkhsaary4S, 2001. The reasons Ol-V06105050 2008 Notice of Disapprovaf concerning awsdItrt2impgfuvhtg-the building per- ; In Suffolk County proposed additions and alterations to mdt applicatioes are as fo0aws: th "tin b od' Th t - Thews-bu8t addibona and alterafons eplres February 28. 2008 e exrs g u mg. a new cons roc tioa will exceed the code IimimUon of [o the existing farm stand construMed 20% lo[ coverage, and with a proposed without a building. permit prior to 1997 reduction in [he front yazd setback will are not permitted, pursuant to [he Code be an increase the degree of front yard of the Town of Sputho7d m place when noncontomu`tyZcurren y eat aver- - - ~-c°°str°ctt6n Zv6rk was c°mple[ad-- age). without a building permit, citing: B) to remove 10/23/1960 ZBA Condi- I) Article III, Section 100-31A.2(a)1, [ion under Vaziance #1293 (former own- which states [hat a0 buildin_g3 for dsoL.v f l d n ,rs i ~1 or d o l s er Herman Pother) concerning front, - agr a an re a e o ll t i h rearand side yard setback variances. no ses s a ~-.orodnctg¢rowv on prem f t h d 1000) 10:50 A.M. ANTHONY E. and CAR- em. exceed on t ~ an ( spuaTg 'n Door area Also, major additions and ~ OL MTTAROTONDO #6128. Request alterations had been done increasing the . for a Variance under Sections 280.15, size of the existing farm stand without a based on the Buildin Ins actor's Janu- 8 P - building permit, and in 1989 a certificate _ - wry 7, 2008 Notice of Disapproval eon- of occupancy was issued for a new farm LEGAL N0171CE ceraing a proposed accessory shed with' stand measuring 14 fr. by 14 ft. in siu, 80IJ11ROI.D TOWN ZONING a front yard setback a[ less than the however, between 1989 wad 1997, addi- BOARD OF APPEALS code-requued 50 feet and side yard set- lions and alterations were made m that THURSDAY, FEBRUARY 20, 2008 back at less than the code-required 15 .farm smnd increasing its size from 14 B. 1lRIBLIC HEARBVG9 feet, at 950 Little Peconic Bay Road, Cu- by 14 h. in gize to 2,441 square feet. ' .NOTICE IS HEREBY GIVEN, puo- tchogue; C]'M 111-1415. 2) Article III, Section 100-31A2.(a)3, suant[o Section 267 of theT6wn Lawaad 11:00 A.M. RICHARD and MARY- which states offstreet nasping~s ro- Chapter280 (Zoning), Code otthe Town LOU MANFREDI #6124. Request for an',gd in thgy_ksa ~heds~le shagbe of Southold, the following public hear- Variances under Section 280-124, based p ~ded and hall be aooroved by the ings will be held by the SOUTHOLD on the Building Inspector's December p18dn_nc Eoarn. and TOWN ZONING BOARD OF AP- 11, 2007 Notice of Disapproval concern- 3) Section 280-13A.(4)C, for the rn- PEALS a[ the Town Hall, 53095 Main mg as-built and existing deck cons[ruc- sons that the winery swctures shall be Road, P.O. Boz 1179, Southold, New ring proposed for reconstruction wiN set back a minimum of 100 feet from a York 11971-0959, on THURSDAY. enlargement resulting in a rear yard seP major road. The or~oosed conversion of 2008: FEBRUARY 28 back at less than 50 feet and single side Pu~tl g f~ndldinvs to w~erv build- . R30 A.M. KURT FREUDENBER6 Yard setback at less than 15 feet, at 170 ;,,~° isnat..wrmtt[ ^~y~s th erv at_ys= - and JANET t~kTHEM i1612i. Request Hilltop Path, Southold; CTM 54-1-29. tags awe rgn ~1* d to s t back a ini- for Variances under Section 280-124, 11:20 A.M. DONALD and JANIS m m of 100ry feet from s major road. and ' ' based on the Building Inspector's No- ROSE #6130. Request for Variances yn- der Sections 280-15B and 280-124, based 1 . s 1 2 3 nil 4 nil th- $_odjOg~ ~1'ings are !e-ss thAn. . o~~s to+~'o -by1 vember 28, 2007 Notice of Disapproval on the Bonding Inspector's January 7, , ~ tb 100 fe t from ~ d A n d 1 concerning the as-built location of an ac- 2008 amended Notice of Disapproval N n 100 feet from H 11 k T one cessory shed and the proposed location COncermngtfie-locaYSn of a new two- 4}Section 280-13A.4(D),which states of an accessory swimming pool, which story accessory building at a height ex- the w~ery 'fifi ~ a ob :n site plan ao- will exceed the maximum node-permit- ceeding IS feet [o the top of the ridge, af- proval. red 20% lot coverage for all buildings ter removal of a building, wad which new The Board of Appeals will hear all and structures. Location of Property: building is proposed at less than five (5) persons, or their represenmtives, desir- Northerly Side of Les[er's Road (a pri- fee[ from the property line and wiN a lo[ ing to be heazd at each hearing, and/or vote Right-of;Way off the east side of ceverage whichexceeds [he code limits- desiring to submit written statements Westphalia Avenue), Mattituck; CTM fion of 20% (existing 27.43% lot cover- before the conclusion of each hearing. 114-7-2.1. ~ age). Location of .Property: 145 King Each hearing will not start earlier than MAUREEN 9:40 A.M. PAUL and Street, Oriea[; CTM 1000-126-1-23. designated above. Fles are available for CACIOPPO #6127. Request fm a Vari. 11:35A.M. DAVID FISHER iF6126. reviewduring regular business hours and once under -Section 280-124, based on Request for a Variance under Section prior to the day of the hearing. If you the Building Inspector's December 27, 280.124, based on the Building Inspec- have questions, please do -not hesitate 2007 Notice of Disapproval concerning tor's Decemberll, 2007 Npfice of Dis- tocoatact our office at (631) 765-]809, [he location of an accessory in-ground approval concerningpropoxd edditnos or by a-mail: Liada.Kowalski@Town. swimming pool, which win ekeeed the ~ m Ne-existing ,siug)e-fanuly. dwelling, 3ouNold.ny.us code 8mita[ion of 20% tot ceverage, at which increase the lot coverage end ex- Dated: February 8, 2008. Jackson S(ree[, New Suffolk; CTM 735 teed the code limitatigap coY• a~ - ZONAG BOARD OF APPEALS . 317-9~. - erage,. at 2165, Old Fkgha ;Epst GERARD P. GOEHRINGER, 9:50 A.M. SEROTA PROPERTIES Marion; Cl'M 37 3-4.1. T~IANS H. REIGI=.R 11:55 A M CHAIRMAN gy LINDA KOWALSKl #6125. Request fora Variance Under Section 280-85A(2), based on the Build- . .. #6132. Request for a Variance under, 54375 Main Road (Office Location) ing Inspector's October 29, 2007 Notice Sections 280-15C and 280-124, based ' 53095 Main Road (Mailin SPS PN ) of Disapproval concerning a proposed s January 11, on [he Building Inspector P.O. Boz 1179 'new ground sign, replacing the existing 2008 Notice. of Disapproval concerning two accessory sheds has-buik): at less Southold, NY 11971-0959 g7;1-1T 2121 ground sign. The ptopoaed sign will be ' man 35 feet from the front yard lotlmZ; " -total greater then three square feet in D 370 ffarbor3t°ad~(ndjacebt to Orient area with an additional ellovrance of -27 - b . q CI'M 1000 4 Har`Sorj U r i e a 2096 of the total for the name of the ~ Q ~ np p( pp ~~ Py pp '' $u ~a ~ "business-cente€;ai`KinglCt~e~opping , , ~~ K~35~`IEe` '~fie6c'R'6H'" Center; 31525 -Iftala Road, Cutchogue; der Section 280.13, based on the BWd 1fF.00 AJvLEtil~B - 6f't5' erz~PFidval~bopNm&t~ a Proposed DADOCfRfA14 #8171. Request for Vari- atl~tfon to the dwe0mg, which places awes under. (1)Section 286121, wed Ne Lithiing"swimming poolpartly m a (2) Section 28415, both based oo the side yard location, at 1855 Rocky Pomt Building Inspector's December 2S, 2IXY7 Road; East Marion; CTM 30.3-8. Notice. of Disapproval concerning Ne 12:15 P.M. JOHN CORBLEY #6119 location of a eew dwe8ing a[ Less roan 40 (carryover far final hearing). Additions feeNOdllll W~' ,-1~f61Ftm todwdtingat680MasoaDrive(Haywa- fronf'yard setback, ~ee~for aswe'~triYng ter Cove), CMChogue CI'M.I04-7.i:: , ... pool located m a sidgyerd Mather than 1235 P.M. THOMAS and MAR- thecode required front yard or rear yard GARET NOONE 06107. Request for for this waterfront parcel, loratedat69S Yariartces pariah. Section 280-18 (Bulk Patty's Drive at Long fslaad8ound; Or!- Sabedtde),basedontaeBUildjagIrispec- 'C!'M 742 23.::.. -- ... - eeT tort October 30, 2007 emended Notice , 10:Y5 e[.M. JENNIFER and DAVID of Disapproval concerning two lots pro- COLLINS 06Y23 Request for~Yariances posed with an area of less than 40,0(10 28612A, and under Sections 280-122A square feet in aad_less than 150 feat of , ZBA Codelnterpretetion #5039 (Walz width (frontage) wed less Nan 175 feet based on the~BaBdiegln- Application) of dePtltd°+~R-40,~.ov~:.D,eriaity.Resi- , spectods December 3,'2(107 Ntkke of dential Zone Distrito, located along Ne m Jfisepprovat cencerning '-proposed ~sF menc- `1'?smrly side ofSigabee Road,co ip8 upproximately 210 feet souN of the leratdons toNe existing dwelling, which Mom Road,Ma[tituck;MapofMa[tituck new censtruction coastimtes an increase Park Properoes; Cl'M 143-1-0.1. N Ne de ee of noaconformi wiN the 8r ty' 1:30 P.M. HARBES FAMILY FARM, front yard setback at less Nan emini- LLC t~106. Location of Property: North mum of 40 feet, at 6685 Oregon Road, ~ Side of Sound Avenue and West Side of Cutchogue; l,TM93.1-6. 1-Iallocklane (aprivate road);Mattituck; 10:30 A.M. MARJORIE DIJNN t,TM 1000-120-1-0 containing 7.5 acres; #6122. Location - of Property: 300 CFM 1011(1-112-1-7.6 containing 8 acres Fay Court and Camp Mineola Road, The applicant has applied for building Mattituck; CI'M 173-5-11.The applicant permits"the existmgz farm stand and a is requesting Variances: proposedchangetifu9efomfatmtihild- A) under Sec[dons 286124 and jugs to a wineryhasting room. Requested 280-122 based on ZBA Code Interpre- ari Variances based on Ne Building In- ta[ion tt5029 (Walz Application) and Ne spec[or's emended Notice of Disapprov- ~- 1en~, - iii,/- 7- z./-TOWN OF SOUTHOLD PROPERTY RECORD CARD 3WNER STREET f d:, ~ VILLAGE DIST. SUB. LOT (,1,r't' FY,e,LIOlP•v1, '~ ~~ (., ~ ~~ __ °ORAAER OWNER . ~ ',~1JA~'a:. ,' p. ~ N /~-T`7` UGC !- E :~ ACR.` /`'ox ~~"~ L 1' WF ~ ~C ~~ D Q . ~ ` ~ f , 760 I ~'V TYPE OF BUILDING J { r ~ ~J ~ ~ . - J ~ 1 /! . I op[> U. LC ~ r J :S. ~-rr~ SEAS. VL. FARM COMM. CB. MISC. Mkt. V°lue ~ D W IMP. TOTAL DATE REMARKS - /aav _ .jai , , ~ ~+ F~ s f~_ ~eic ~"e L- ~~d 3 ~m~ ---- 3 2-v O ,~ ez/I S,aL~ ~,~~~L ~ o -' G F ~l ~' J'ea -'^ ~ , . . b F PL, i L 332y 2 SoL ~~~ ilGu S7 9 Ac F - R F ! ~ ' ~ 0 o o y O {J uR e 4 F o K ! Soo P~ ~7 ,29 77 ~/ay 5G sP`,r c Ba~Y 2800 / 't roAe , 'oR +~ WF To uR E s 3 ~ '~ Z ° oa . is ' ';L ~' ~9 G/Poo a ~ ~/Fe S.e.¢ .'~ja m.p ~~.~er ~e ~~J.wanz P 99 ~ :i~;pp 1 1, Imo 14 ~ `.moo Zy 2~j a ~ 0l - 13U ~ - ~u ~ ~ Gt;l'A ~- ~' ~.fcRPn rri ~ u A_ RM Acre V°lue Per J" 4t°I~ Q7 Iob o Ia800 i S Oo 3 a7 Iob z I a oo p 1°ble 3 ~odl°nd ~mpJand FRONTAGE ON WATER _ ` 0 shl°nd FRONTAGE ON R OAD ~ 3 G ' ' ase Plot O DEPTH "/ 6-~-z ~ Y BULKHEAD ~I DOCK COLOR TRIM f~ tst 2nd t ~ ' M. Bld 2t)g1 9 ~ do ~6~" Foundation c Fin. B. Bath 3 Dinette 4~ N Extension v r Basement ,i N ~ G LL COMBO Pnanu Floors ' Kit. ~ o ~ ue xtension /y~ pb Ext. Walls Interior Finish L.R. E toL~ si n '~.c,!t 2Z `I,2+d = 5Zf3 rL2k oo 2 ~ ::. " Fire Place yf6 Heat ~ D.R. ~,~ ~ 1 t7 ~ ~~ ' t ~ ---- - Woodstove BR. '- Porch ~SXt2=(cO 2 `rte 1~~ Dormer - Baths ~ 1 IdeclG ~Z ~ ~~ ~a l ~ Dock Fam. 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" ITr I'l ~i ' 69'5 I S 'l~ I .: Olrg f y2 „ p y 9 W 4 j~ xg © e ~ ~F~ t9tllsr] E3b xare lan olro'r rxL [ " ~ p ~ ~ 1]ItlLSq 16gg5 YMIILIOn ~ 9 ~ g e "~ S6a t ~ 9 .oa. °~'~ °,, ~,, -i i y 4 I~Irr'tl ~"' 4 v 5 L y ~ _ i~ ^ ' ' 9 • 6 l}J1S0 Vlpl: b O 3bi NOIWI N - 4 l I // U E\ tl SLS 6 6 " / .J s ., e} f f .L 3~a m l 5 .. ~ ~ t ' - ~ 6161, l6l 'd ', 3S 335 ll orl ]d tlOf I r~ ~~ x~ac >e m, 3~aarv O~ ^N $IO~LI-[ll [N']E 335 y~ I f '[N'TJe tlOf e ~ dJ ~• 6 ` 4 Y / I t~ 4 ~~ ,2 • `r r, r ` ~ ~ rzx r~rrx.r : ~ 9l 'HJ r,•~r tL0.2 RSIYO.L ne !2 :-aO ~.._ r~ O~~ ~ .,, q •Tr 22 rt - _ r t qr ll ~°IY2_ m @ _ 2 O rr r' e r wo~~ x~Ti ~ o7Yy Lbj > nry.x ~ I r x ro .23i~ ``_7z /F \ r'rR rT ~a arz t ,. r SI r'~ ~' ~ I \ Obtx n~,L .. tl .6s. 9pfr s/ ,o»n ~are~i r '`~ 1'L awxlrm m xwl ~- _ Irrrz -/' a --. ~~~_ «~ \` 6 ~~ _ FI Sp. Plrl'1 d 9 `~ Y .r \ y "~ t J S~~ _O ~~ ~,Cy ~ ~PIYrT i ` Pn0'6 [~ ~. 6 \ ~ 9 IPSO i5 e r I %~ ~ ~ ~~ ~! .~ 1rtA / / ~ YICA t PL /~ /rt raryfl p IC ii l .tl / •~ ~ ' I 41-y' / eJ /~ d i i .a* V/ a^ r ~ ~ /~ i , /'~ ~" 7i/l ~ ,_ ~3 ~~~/~~~~ Q~?~~ ~ e{ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of KURT FREUDENBERG AND JANET LATHAM (Name of Applicant) CTM Parcel #114-7-2.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) ~i~-1 AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the Ll day of February, 2008, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( )County Real Property 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. Sworn to before me this /3 T<f day of February, 2008 CYir~ro (No Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ry MARGARET C. RUTKOWSKI Notary Public, State of New York Na. 4982528 Qualified in Suffolk Countya O ~~ Commission Expires June 3, _ PATRICIA C• MOORE ESr 51020 NAIN ROAD '~~ SOUTHOLD NY 11971 a~ ~~ a ~~ m a A: Si a;u+':n( Al 1 l res~e or _ Agent, L :. Date of Delivery d. Restricted Delivery9 3. Servir vpe (extra Fee) Q Yes CEn r IF1ED I 2 Article Number 7192 6463 3110 0000 01711 `hII111111111iIIIIIII l E 1. Article Addressetl To: (MOM1hnnfFmmAddmaUWDySendarf 19-64 REALTY CORP 23-53 STEINWAY STREET ASTORIA NY 11105-1912 a o.nvary Aaer..a a coy stare zIP . i coZ~ PATRICIA C• MOORE ESQ• 51020 MAIN ROAD ~ SOUTHOLD NY 11971 X Sig urea (DAddressee or Agent) ~ ad7 /~/~`' ~ e y) ed /e Print p a. R 17ona-t c9 A~ ft lc~vk~n.r' C. Date of Delivery ,ti~z 11 r[;; ,,-,, Addrescae's Address !? qu,._ _ __ __ State ZIP ~ 0 Cotle PATRICIA C• MOORE ESQ• 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? A Service Type (extra Fee) ~ Yes CERTIFIED ~ 2. Article Number 7192 6463 3110 0000 0201 IIIIIIIiilllliillliiillliiilllllllllll 7192 6463 3110 0000 0201 ~ 1. Article Adtlressetl To: 1 MARY E HAWKINS 33 BLYDENBURGH SMITHTOWN NY 11787 d. Restricted Delivery9 I3. Service Type ', r[?rve Feet I-I vex CERTIFIED 2. Article Number ~. 7192 6463 3110 0000 0195'. Signat ~ Adtlre ee o• genq y I Illill III i III ~~ III IIIIIIIIIIIII IIII III ~i B. a Ived Byr (P s riot Clearly) 7192 6463 3110 0000 0195 c. Date of Delive 1. Article Atltlressetl To: ~~ U~ ~~ D. gddressee's Address mom.~.eF~emaae,.aau:weys.,my KURT FREUDENBERG 165 LESTERS ROAD _ _ ._. MATTITUL"k NY 11952 ~SeuonEery RLEresa I Suile ~I~RDL t Fluor ~(Pleaes Prlirt ~Clwrly) State 21P a 4 GuEe ~~ r PATRICIA C• MOORE ESQ• 51020 NAIN ROAD SOUTHOLD NY 11971 A. Signature: (OAddressee rOAgent) x , S~-a.-~o ~;.~-~ B. Received By: (Please Print Clearly) G. Date of Delivery ~l ~/ D. Addressee's Address lnomnMammaaenesu...dnys.ne.n ..........................................si:i: - ziv . n coae '~'nr ;~ PATRICIA C• MOORE ESQ• 51020 MAIN ROAD '~ SOUTHOLD NY 11971 ___--~ 4. Restricted Delivery'? 3. Service Type CERTIFIED ~ (Extra Fee) ^Yes 2. Article Number 7192 6463 3110 0000 0188 IIIIIIIII~IIIIIIIIIIIIIIIIIIII~IIIIIIIII 7192 6463 3110 0000 0188 ~. Article Addressed To: ISABEL MUNCH TRUST 3684 SW PHEASANT RUN PALM CITY FL 34990 1 4. Restricted Delivery? 3. Service Type (Extra Feel ~ Yes CERTIFIED ~i 2. Article Number i 7192 6463 3110 0000 0218 A. ~ nature: (DA ~ ssee or ^Agent) B. Received By: (Please Print Clearly) r ~ N oK imeiimuuiiiiinnm ' C. Date of Delivery ~ ~ ~ r-. / 1. Artl<le Addressed To: D.Addressee'sAedressrnam.~.mvAmaee,.,,u.wars(XJ.,~e.~ DANA FOX 305 PRIVATE ROAD MATTITUCK NY 11952 ~I dirt' .................._................. siaie ._...._"ii6 ~7 coae ZONING BOARD OF APPEALS ° ~~G~NI~~ TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x ~ ~ ~ , ~ . , rF9 ~ ~.:, In the Matter of the Application of AFFID VIT ~~~Z~ OF KURT FREUDENBERG AND BOARD OF APPEALS JANETH LATHAM SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-114-7-2.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Janet Latham, residing at 165 Lesters Road, Mattitutuck, New York 11952 being duly sworn, depose and say that: On the 20'" day of February, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 Thursday, February 28, 2008 Sworn to before me this day of February, 2008 ,' otary Pu ~ eErsv~rEn~uNs ~ . Morr waw, one a wYr raA no.oivee~ws3s Oiwineo n s~,ndk Cary CanmYeim F.~pirw JuN 'near the entrance or driveway entrance of the property, as the area most visible to passersby. i / 017/2008 14:12 FAX 631 785 4843 MOORS LAW OFFICES J -~~ - d~o~y~~'~ ~ ~ ~' K PATRICIA C MOORS Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Linda: Re: Freudenberg Appeal 6121 ZBA ~ 002 Margaret Rutkowski Betsey Perkins Secretaries My client has requested that I withdraw the pool variance however, the remaining issue of the "as built" shed in the side yard requires a variance and we ask that you proceed with that portion of the application. The cost of the pool exceeds their budget and they do not wish to construct a pool at this time. Thank you for your courtesies in this matter, and we apologize for any inconvenience this may cause. If you have any questions, or request any additional documents please do not hesitate to contact me. Very truly yours, ~~- c~ ~~~ Patricia C. Moore cc: Freudenberg ~~~~~~ • ~gUFFO(,~c Office Location: ~~, pG o~ y~ / Town Annex /First Floor, North Fork Bank y 54375 Main Road (at Youngs Avenue) W ^~+ Southold, NY 11971 Oy,~~ ~ ~aO~~ ht[p://southold[own.northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # ~~s ~~ y3 Date: ~ ' TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ^ URGENT YOUR UPDATE ^ PLI3ASIi COMMENT ^ AS REQUESTED ^ NOTES/COMMENTS: Please find attached copy/copies of the following: t-~l! ~~" ~ ltd ~' P /~^r~mo ~~~,G~c~' o?J ~~,~ Thank you. Sender's Initials: _~~~ 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 # K. FREUDENBERG and J. LATHEM 17 47-2.1 #6127 VARIANCE YARD LOCATION; LOT COVERAGE REQUEST Accessory shed and pool DATE: THURS, Feb. 28, 2008, 9:30 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 #`~ L Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 o~~gOFFO(,~co c~ Gyp f/J x ~1 # ~~~ http://southoldtown. nonhfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET ~~ Fax # i~loa,2~ ~ S~ ~1v5 - ~/ S< Date: , ~ TOTAL NO. OF PAGES INCLUDING COVER: 1 SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) 0 , d U6 ~ ~ jC~.e~vl~Ci ^ URGENT ^ FOR YOUR UPDATE ^ PLEASE COMMENT ^ AS REQUESTED ^ NOTES/COMMENTS: Please find attached copy/copies of the following: l~~ Thank you. Sender's Initials: Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h~O~OgUFFOI,~~oG o s~ w x ~ • http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 11, 2007 Mr. Thomas Isler, AICP Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: r~ USPS Mailing, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6121 Owner/Applicant: Kurt Freudenberg and Janet Lathem Action Requested: Single side yard setback & total side yard setback Within 500 feet of: ( )State or County Road ( X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio Jr. ZBA Chairman By `cam- ~ D 1~ o it ®lYi~i%~3 /` ~ Encls. Office Location: O~~$Utru(,~C~ O G ~ y Town Annex /First Floor, North Fork Bank ~ o S437S Main Road (at Youngs Avenue) H Z Southold, NY 11971 WOy ~ ~~ ~Ypl * ~~O http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)'765-1809 Fax (631)765-9064 December 11, 2007 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6121 (Freudenberg/Lathem) Gentlemen: USPS Mailing Address: 53095 Main Road F.O. Box 1179 Southold, NY 11971-0959 We have received an application for a project adjacent to Mattituck Creek in Mattituck, NY, and shown on the enclosed site map. The hearing on this application is expected to beheld in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the azea map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, James Dinizio, Jr. Bx~,~, D~p~~~celue~ ~~ Encls. Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~osuFFOt~.~o ~O Gyp ~ x W • http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLA Tel. (b31) 7b5-1809 Fax (b31) 7b5-90b4 December 11, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Boazd Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6121 (Freudenberg/Lathem) Deaz Mark: USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 We have received an application for an as built accessory shed and construction of an in- ground swimming pool at premises on Mattituck Creek in Mattituck, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. Bx~PP~c~eP~ Cam//GLZ~GQiJLl~_ .~~,,..Fl ., ~~~ ~. __ . __ ^ __ ~~ h1 ~ ~' c_ _ • ~ TOWri OF- 60[RTJOLIp, NEw YORE DA^_'E.i$O.pr...~y 1873 .. ~ ACTION OF THE ~ZONWtO BOARO OF APPBAL$ Appeal No: 1853 Dated II(JVek[7z9r' Z,' 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN. OF SOUTHOI.D To ~ :LA]Iry.'8tu'd Appellant 243 West.&aa RvanaO at amaeting of Wa. Zoning Hoard o[ Appears on tw'yelar~er' 29 r 1973 the apgea] was eorutdered aad tDSaction indicated below was taken on Your ( ) Requrtt Por variance due to lack of access to property ( )Request for a special. exception under the Zoning OzdSnsace ~ ' ' f$) RequeaF for a vaiiance to theZOniag Ordinance ( I i. SPECIAL EXCEPTION. By resolution of the Beard It was detemuee3 that a spedal exception ( ) tre granted ( ) be delved Pursuant to Article .................... Section .................... Subsection ...............-... paragraph .._............_.. of the Zoning Ordinance and the decision o2 the Building Inspector ( ) be. reversed ( ) be conlirroed bemuu 9J15 P.M. (8.9.7.) a upon Application a1 Lawry YOrd, 263 Weat $nd Avantte, idea York, Per a variance in acaordanea with the 8onia~ Ordinance, Article.ZZ2r Scotian 206-31 andIIUlk sohadule !or pera3.asion to divide Lot with l~aae than ragllised width and area, LocatiAgt of property: Private road ofP asst aide oP Heapkalla Road, Iaattitucks houtgdsd north by Hettituck Creak?-neat by J. Rakouaki3 south h)f Private P.Oad3 rest by Itolaert J. Munch. 9'ea paid $15.00. 2. VARIANCE. By zesolution o< the Hnah{ (t was determined that - (a) Strict apPlicalion of the Ordinance (would) (woWd not) produce practical ditHCUltiee or unnecessary hardsbip bemuse 9$P. 3~8 (D) The hardship created (is) (ia sot) unique and (would) (would not) De ahnrW by all properties alike In the Immedia4 vicinity of tirisproperty and 1n the same use diatric[ because $SS R817SA$$ _ (c) The varfaace, (does) (does not) observe the spirit of the Ordinance end (would) (would noL) change the ehstscter of the d1a4iM bemuse - 8738 RESiER38 end therefore, iL was Mther detannlned that the requested variance ( ) be granted ( ) be dm)ed end tyat the previous dedslona oP the Budding Inspector ( ) be mnifrmed ( ) 6e reversed. ~ 7tEV$RSI3 ZONING HOARD OF APPEAIS ~~ 68a ~ Marjorie I4aBarawiCe 860retaYy. e . ~ ~ ~' I Southold Town Board of Appeals -4- November 29, 1973 The Board .finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property. and in the same use district; and .the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, William Bourguignon, 500 North Drive, Mattituck,. be GRANTED permission to divide property into two lots, Lob # L, Shore Acres,. North Drive, Mattituck, as applied for, subject to-the following condition: That access be provided to Plot # L-2 consisting of 15 feet in width. adjacent to the northerly border of Plot # L-l;.and that the property shall be divided as requested by the applicant. Vote of the Board: Hulse, Grigonis. Ayes:- Messrs: Gillispie., Bergen, * *. PUBLIC HEARING: Appeal No. 1853 - 8:15 P.M. (E.S.T.), upon application of Laury Eord, 243 West .End Avenue, New Xork, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to divide lot with-.less than required width and area. 'Location of property,: Private Road off east side of Westphalia Road, Mattituck ;'. bounded north by Mattituck Creek; east by J. Rakowski; .south by Private Road; west by Robert J. Munch, Fee paid,$15.00:• The Chairmam opened the hearing by reading.. the application for a variance, legal notice of hearing, affidavits attesting to its .publication in the official newspapers, and notice to the .applicant. THE CHAIRMANc The application is accompanied by a survey of Van Tuyl showing the surrounding area and indicating that the premises are situated on a right of way coming in from Wes phaiia Road. °The property is approximately 52,00.0 sq. ft, in. size on Darby's'Braneh of Mattituck Creek. Southold Town Board of Appeals -5- November 29, T973 T~3E CHAIRMAN: Is there anyone present who wishes to speak for this application? IRVING L. PRICE, JR., ESQ,: I have nothing to add except that I am disappointed that the map doesn't show it as well as the map that is not a part of the record., which shows that they would have a frontage of 130 feet. THE CHAIRMAN: It shows the size of the lots in the vicinity which would be important to us. The proposed property is approximately 360 feet on Darby's Creek. Thee westerly end is 170' +; the depth of the easterly end is 220'+ on a considerable angle to the right of way.. The westerly lot of 25,000 sq, ft. would have 130' on the right of way; and the easterly lot, in two courses, would provide about 130' on the right of way and would have a total of approximately 27;000 sq. ft. This proposal probably will have to go to the Planning Commission because of its being on Darby's Creek. THE CHAIRMAN: Are there any other questions? (There was ho response.) Is there anyone present who wishes to speak against this application? MRS, MARY HAWKINS: I live opposite this property, and my, neighbors Avignon and Ratti live in the Bronx and have sent Special Delivery letters. There are about. five houses on the right of way and that subdivision would add more. The road is .not wide enough. One family has two cars and another has three cars. THE CHAIRMAN: There are no houses on this property. at .the present time. You have enjoyed the benefit o£ less traffic than would normally be developed. MRS. HAWKINS: It's an unpaved road. It's 30 feet and narrows down to 20 feet. MR. PRICE: The right of way has been there for years. THE CHAIRMAN: Does anyone else wish to speak against this application? (There was no response.) • . _. Southold Town Board of Appeals -6- November 29, 1973 MR. .PRICE: I would like to make certainobservations. Let the record show that these properties in question are shown on a Map of Roderick Van Tuyl dated October 30, 1973., and my observation is that the size of the lots of Avignon and Ratti as shown, are approximately the same size as lots that are requested in this application. R. Hawkins has a lot in the same area and has access to their property directly from Westphalia Road. TH$ CHAIRMAN: I.believe this will have to go to the Planning Commission because it is on water, and it will also have to go to the Department of Environmental Control. MRS. M. HARRIS: As I recall, this is quite close to Westphalia Road so it would not bring in much. traffic. THE CHAIRMAN: I think the pointthis lady was making was that it would add another car or two. THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds. that applicant requests permission to divide lot with less than required width and area on Private Road off east side of Westphalia Road, Mattituek. The Board finds that applicant is possessed of apiece of property that is larger than most of the adjoining properties. This is a reasonable division of .property based on an analysis of the surrounding area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship-.created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the-same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, Laury Ford, 243 West End Avenue, New York; be-GRANTED permissioh to divide lot with less than required width and area on ;Private Road off east side of Westphalia Road, Mattituck, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. * ~ TOWN OF $OUTHOLD, BUILDING; DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. N'OTICE.OF DISAPPROVAL Kle No ~ ......... Date ... .:...... J,~ Pr o. P~..._., 19 SU ~. Y ~~ .... Gk OTZ6CTL "T"(1URBC~ kknINE71t ANi~ ]pRIS M 71-7UR3E7~ :' ~. ro ... ....... .....:: ..,..,.. ......... Nfo ~E~HEi`1.,, ~ G21F( hN6- Jg , ..... P° ~a~,c Rg2: ?ilsr~`~HtAD... ~(v•~ Ir9o / PI EASE TAKE NOTICE that your application dated SEP7 S 19 ~,4 SUL317 vIDL for permit tq CaxstrnCt-- ........: .........~t Le. premises located of .::...... :......:. N,I/ s(D~ t~~v*~ (ZaA.L ~ (lL-sre7t'S C<'D~ :................................:.................................... Street Mcp ........ .....:...... Block ...:: ...._... ......Q Lot .................:........... ......... is returned .herewith and disapproved on the follawing grounds . //EED : ,1 L./1 til NtfJb ~OA k~i~S ~ f~P~CCV'A (.. '~:..... SV ,3, ~iU11~C..:.© I~LS~.:::NCe~ .ZBH ..I?FPFOVA.L, ~ ~r ~o i S Uil I H- tr`t su ~FI~enlz A?Cr\- t1-n(D wlpn+ J~? ~ (i, I od 3 (...:.... f~ ~.cG~/ ~ QcJ,n~c<tL~n./ 5 ~.~ i~ ~ ~ /n/- ~ ~---- - Building Inspector /~ / - W w+« llti-/~~s S RAP ~ ' ~o~.-~- A N.~.., Ic,,:•s R Y}tu^'etit ~w ~4~ti J ' TOWN OF':SOUTHOL©, NEW YORK ~~ - ~~ i APPEAL.FROM DECISION OF BUILDING INSP'c CTOR - APPEAL NO. ~.~-./ . _.. "" _ ~ _., DATE; ~.CJ.~+F..~~. ,. ~:. . TQ THE ZQNIN.G BOARD OF ARP,FALS,.TOWN OF $OUTHOLD, N;Y. 1, ~,( GEORGETTB TE[1R8F,R .... of :.:: No # Jacobs Lane ~.. ......, ....PP ..,.,.. ........: .. ....::...... ..:... -~- - ~: Nome of A eilprtt. - Street pridNumber - ........wad,?n4.,Ri,Y.er ..............:... ................................. ~.....11792.:..........HEREBY APPEAL TO Municipality ~ State THE ZONING BOARD OF.APPEALS FROM THE DECISION OF. THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...............................:..... DATED ......................:,..............:..:............ WHEREBY THE BUILDING INSPECTOR DENIED TO GEORGETTE THQRHHR Nome of Applicant for permit of No #Jacobs Lane, Wading River, NY .11792 . ................:............................................................................................................... Street and-Number .Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x)~HUildia4'Permit ~~ N/s Iu.ght of WayE/o Westphalia Road A Raeideiiti )._. LOCATIONOF THE. PROPERTY,......... ......... :........... ........ ..:.~. ..... -::::.:....:. Street Use -0istridt pn Zoning Map 1000/114/7/2:1 & 2.2 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the- Artitle SeMion, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Article III 100-31 3. TYPE OF APPEAL Appeal is made herewith for (~- A. VARIANCE to the Zoning Ordinonceor Zoning Map ( ) A VARIANCEdue 'to lock.pf access-(State of New.York Town Low Chap; G2Cons. Lows Art. 16 Sec. 280A Subsettiori 3 - - ~ " 4.. PREVIOUS APPEAL A previous appeal (!tom (has not) been made with respect to this decision of the Building Inspector ar with respect to this property. Such cFPeal was ( )request fdr o special permit ( )request for a variance and was mode in Appeal No ........:..................:.....Doted REASON FOR APPEAL ( ) A Variance to $ettion 280A Subsection 3 ( ) A` Voriance to the Zoning Ordinance ( ~q ,. is requested for the reason. that ldt~ requires area and width variances &, permission to "build'od private road Form zat (Continue on other side) , e l _ REASON FOR APPEAL - Continued- - 1. STRICT APPLICATIONOFTNE ORDINANCEwould produce pmctkoldifficulties or unneces- sory HARDSHP6ecause tlkle to this property was dividedat .time of purchase from Gerald & Lauty Ford on September 29, 1977, the westerly portion being owned by Georgette Thurber,. and the'easte[ly'portion by xenrieth A.Thuxber &. Doris x. Thurber, his wife. The parties acted as a partnership. at time of purchase and each took a lot. To-reunite the premises asorignally held by the ,Fords would constitute a-financial hardship. 2. The hardship crectedis UNIQUE nnd.is not shared by olf properties. alike m the immediate vicinity of this property and m this use distrjct because the pmperties~in the mediate areas have. kieen preQiously held in smaller~pardels than the subject parceland Iwve _. been improvedwith dwellings. 'Z~n the sense that theordinance.~would require larger. -lots than the-establlshedwhenl the Thurbers tdok title creates a unique .situation. 3. The Variance would observe the; spirit. of the Ardinance qnd WOULD NOTi {RANGE THE CHARACTER OF THEDISTRICT becouse~ adjoining lots areof similar size to those for which variances are sought. STATE OF NEW YORK ) _ _. -.) _. u.... . COUNTY~OFsoFFOlx -T .._. .............................: day or...:v..,.:.,.,~_ -Sworn to this ~ ~t . ..................... IY.°" . ......................... \/ ..... Notary Pubhc +~Y/~~~~. EdZABEFN ANN tlPlILLE NOZARY PNeIIC;SYnte d New YorX No. $2-B12585p, SutldN CWny~ Term Erpras Ata,th 30. I ~~ {,1 ~'!' ~NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: h[tp://southtown.northfork net January 29, 2008 Re: Town Code Chapter 55 -Public Notices for Thursday, February 28, 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 Februarv 11tH Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to_make other attempts to obtain a mailina address or to deliver the letter to the current owner to the best of vour ability and to confirm how arrangements were made in either a written AND not later than Februarv 12"': please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Februarv 20tH. please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encis. Dec O5 2007 1:04PM ~RT FREUDEMHER6 13963016 ~p~l >G s- ~6 Y3 ADTHORi7,ATiON ~Z'TER OWNER: name: Kurt FreudenbercJ $ Janet Latham address: 165 Lester Road, Mattifuck telephone number: 2984937 PROPERTY: 165 Lester Road, Mattituck SCTM#: 1 Q00-114-7-2.1 AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-7t35~}330 Dear Sir or Madam; I authorize my attorney, Patricia C. or variance to the Southold Town Zonin Moore to file any and all a 1' Southold Town Buildin 9 Board of PP ~cetions fora Permit regulatory agency. g ~Partment, Suffolk Coun Appeals, Southold Town Trustees, ty Health Department, and any other Very troy yours, ~-L G°~C~C~C~~dC~D DEC 1 C ?nm ~/0%2/ BOARD OF APPEALS • flaw. ~ls w~-~- ~YrJ~tt,r~~c,l' //~ ~~,.~.~, ,C~d era a ~~~ ~~~ ~°~- ~~~ 3e-,~ 9~a,c~~, T __ ._. rs~ ® 7 ___ /PD ~ .ems Fxc~e a. / ~ ~-~C-r~U yeti o~-~ . ~, ~~, ,, S ~ u luniuu> n wol ~rorl 2L1'w93S 335 3XJ IO1VX ~- -~ . 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