HomeMy WebLinkAbout6139
APPEALS BOARD MEMB[
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
APR 21 2OO8
FINDINGS' DELIBERATIONS AND DETERMINATION ~w ~ ~r~~APRIL 10, 2008 ' ~' 'n
ZB File # 6139 - Robert F. Friemann
Property Location: Pine Tree Road, Cutchogue CTM 104-3-8
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this apphcation and determines that this review falls under
the Type II category of the State's List of Actions, without further steps under
SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and
the Suffolk County Department of Planning issued its reply dated March 11, 2008
stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP CHAPTER 268: The architect offered testimony at the hearing and stated
that on the water side of the dwelling approximately 75% of the existing foundation
will remain with the existing garage converted into living space as part of the
existing dwelling. A new attached garage will be constructed at the front (southerly
side) of the home with a vehicle entrance from the north. An action of consistency is
issued under Code Chapter 268 under Policy 5 and Policy 6 and relevant Standards,
as submitted to the Board of Appeals in this review. The applicant has confirmed
with this project plans to increase the setback of the sanitary system farther from
the shoreline, a drainage system of drywells to capture and recharge roof runoff from
the building construction areas, and similarly noted consistencies with the LWRP
Policies 3, 5 and 6; see Determination of Consistency issued under Town of Southold
Wetland Permit #6801.
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of
31,972 square feet (metes and bounds) with 127.70 feet of frontage along Pine Tree
Road. The property is improved with a one-story dwelling as shown on the 10-29'
2006 survey prepared by John C. Ehlers, Land Surveyor.
BASIS OF APPLICATION: Request for Variances under Sections 280-116B and
280-124, based on the Building Inspector's November 19, 2007 Notice of Disapproval
Page 2 - April 10,
ZBA #6139 - Robert Friemann
CTM 104'3'8
concerning proposed partial demolition of an existing dwelling, alterations, and
additions to the dwelling, at less than the code-required minimum of 15 feet on a
single side yard and less than 75 feet from bulkhead/retaining wall, adjacent to the
shoreline of Little Creek.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 27,
2008 at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence,
the Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants are requesting the partial
demolition of the existing dwelling, to allow for new construction as alterations and
additions, at 12 feet from the side yard where the code requires 15 feet as a
minimum setback on this side yard, and at 23 feet to the bulkhead from a proposed
new deck with entry steps.
ADDITIONAL INFORMATION: More specifically, the extent of relief that is being
requested will include additions and alterations to the existing structure, demolition
of the existing roof structure, removal of interior walls as shown on plans,
construction of new interior walls, alterations to exterior walls with new windows
and doors, sheathing, siding. Also requested are first-floor additions and a new
second floor, utilizing the three walls of the existing sitting room and new
foundation walls constructed as shown on the foundation plan, except that there will
be foundation walls remaining in place, and new exterior wall sill plates to be
removed and replaced. Also proposed is an open deck addition on the easterly side of
the dwelling.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties because:
a. The existing home has been in this location for more than 60 years;
b. Most of the existing foundation will be utilized;
c. The additions and alterations will not create any impact on the immediate
adjacent properties or neighborhood;
d. A drainage system of drywells on the landward side of the home will
capture and recharge roof runoff from the building and related construction
activities.
e. The proposed one-story deck will remain open and unroofed, which will not
be visible from the street.
Page 3 -April 10, 2008
ZBA #6139 - Robert Friemann
CTM 104'3'8
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be
achieved by some method, feasible for the applicant to pursue, other than an area
variance. A total demolition of the foundation, and entire home, would cause a
greater disturbance to the site than the 75% reconstruction of the home with
alterations in the nonconforming setback location on existing foundation areas.
3. Town Law §267-b(3)(b)(3). The variance requested in this application is not
substantial, based upon the size of the parcel and the environmental factors to
replace a substantial portion of their existing home. This single side yard variance
meets 80% of the code requirements. The relief requested for the setback to the
bulkhead is substantial, however, for the requested unroofed deck addition.
4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The home
was placed in this location prior to the current regulations.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a
variance in this residential community will have an adverse impact on the physical
or environmental conditions in the neighborhood. There is sufficient land available
to construct a home at the minimum code-required 75'. However, the environmental
agent submitted testimony to indicate that 75% will be in place in kind construction
of the first-story of the home. The additional 25% of new construction and the
second-story construction will not compromise the character of the neighborhood,
nor will it impact either the physical or environmental characteristics of the
waterfront on this parcel or the parcels on either side of the subject property.
6. Grant of the requested relief is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of the additions and alterations, while
utilizing a major portion of the existing dwelling, and 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 Chairman Goehringer, seconded by Member Simon, and duly carried, to
A) Deny the variance as applied for concerning the setback from the
proposed deck to the bulkhead, and to GRANT Alternative Relief, reducing a
section for the proposed deck at a minimum 24 feet (instead of 23 feet noted
on the survey dated 2-10-2008, and instead of 22 feet noted on the Building
Inspector's Notice of Disapproval); and to
B) GRANT the remaining requests under this application, as shown on the
map A-2b with ZBA date stamped Feb. 25, 2008, EX-1 dated Jan. 31, 2008, A-
l dated January 24, 2008, and A-2 dated January 24, 2008, all prepared by
Mark K. Schwartz, A.I.A., and the survey (with red notations) date-stamped
by ZBA Feb. 12, 2008, prepared by John C. Ehlers, Land Surveyor;
Page 4 - April 10,
ZBA #6139 - Robert Friemann
CTM 104-3-8
SUBJECT to the following Conditions (based on Board Member
discussions and statements made during the hearing by the
applicant's environmental agent that the following improvements
would be made on the site and as permitted by environmental
agencies):
1. Replacement of the existing retaining wall (with increased height
as permitted by environmental agencies);
2. Non-turf buffer between the foundation (on waterfront side) and
the retaining wall to be maintained at all times;
3. New deck will be completely constructed of environmentally
sensitive wood. No ACQ or other types of treated lumber will be
permitted to be used on the waterfront side of the dwelling;
4. The exception of condition #3 is any type of material for the
reconstruction/replacement of the retaining wall that is approved
by NYS DEC;
5. All storm water roof runoff will be diverted into dry wells that will
be located on the landward sides of the dwelling.
The above conditions shall be written into the Building Inspector's Certificate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demolitions which are
not shown on the applicant's diagrams or survey site maps, are not authorized under
this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in
nature for an alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Goehrin~hairman), Simon and Weisman.
Member Dinizio and Member Ollva w.e~f~bsent. ]~his R.o~,~t~on was ~tuly adopted
/Ger/~e. Goe~r!nger, Chairman j~/~'/2008
/ ~proved for F~hng ~
FILED I"IARGH 2~5, ICily5 FILE No. Il-lq
51TUATE: PEC, ONIC.,
TOPqN: ~OUTHOLI~
5Dt::FOLK C.,CUNTY, NY'
.SURVEYED 10-;2~-200~
TOPO 0~5-21-200q, 10-12-200'7
11-10-200'7, 12-12-200-~, 02-10-200~
.St,'FFOI_K ~T'¢ TAX #
I000 - 104- ~ - ~,
SITE DATA:
EXISTIN~ ~5 19E~)ROOPI ~ TO
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0 PIF:'IE ~
AREA = ~1,q-12 5.F. OR 0.~ ACla, E
AREA EXC,LUDIN~ BEACH AND I, flETLAND5
5EAI,",IAR.D OF R. ETAININ~ I,,IALL = 2-1~4~ 5.F.
TOFO 1~21 'L/:~-N~-5 k~'v~ '2q ~ATU~
Ex::;~THOL~ TOPIN ZON~
EXISTIN6 E:~:~TIC, TO E~ AISAt, II~NED A5
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BOARD OF APPEALS
~ k~ELL IN BASE'lENT
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREL~ N.Y.S. LIC. NO. 50202
~, N.Y. 11901
369-8288 Fax 369-8287
FORM NO. 3
NOTICE OF DISAPPROVAL
TO: Patricia Friemann
194 E. Shore Road
Huntington, NY 11743
Please take notice that your application dated November 8, 2007
For permit for additions and alterations to an
Location of property: 2935 Pine Tree Road. Cuteho~me
DATE: November 19, 2007
D OF APPEALS
County Tax Map No. 1000 - Section 104 Block 3_ Lot _8
Is returned herewith and disapproved on the following grounds:
The oro;>osed additions and alterations, on th~s non-conformln~ 31.972 souare foot lot in the
Residential R-40 District. is not °crmitted pursuant to Article XXIII Sectign'2§b-124(/~hlch ,~'ates that
non-eonformlng lots, measurin~ b~tween 20,000 and 39,999 souare feet in.total a~z~di~quire a
minimum single side yard setback of 15 feet. ' - .....'~ "
Followina the proposed additions and alterations, the dwellina will h(ve a single
feet.
In addition, the trroposcd construction is not permitted pursuant to Article XXII Section 280-I 16 B
which states;
"All buildinvs located on lots upon which a bulkhead, concrete walt, riprap or similar structure
exists and which are adjacent to tidal water bodies other than sounds shal! beset back not less
than sevenW-five (75) t~et from thc bulkhead." -..:
The orol)osed construction notes a orono~d setback of+/- 22 feet fi.om the retainine wall at iTM closest
~oim.
This Notice of Disaooroval was based on a survey by John Ehlers, LS, last dated 10/t2/07
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
/q~ J F~ffice Use Only
Fee: $._~ Filed By: ~:Sp ~,,O~l.)60~-~0-~;~Date AssigneWAssignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Location: House No.2935 Street PINE TREE ROAD Hamlet CUTCHOGUE
SCTM 1000 SectionlO4 Block3 Lot(s} 8 Lot SiZe31.972S.F. Zone DistrictR-40
1 (WE) APPEAL THE WRITTEN DETERIVlINATION OF THE BUILDING INSPECTOR
DATED: NOVEMBER 19, 2007
Owner as Applicant: ROBERT FRIEMANN
Mailing
Address: 194 EAT SHORE ROAD, HUNTINGTON BAY, NY 11743
Telephone: 631-425-4858 Fax:
NOTE: If applicam is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: EN-CONSULTANTS, INC
Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968
Telephone: 631-283-6360
Fax: 631-283-6136
Please specify who you wish correspondence to be mailed to, from the above listed names:
[] Applicant/Owner(s) Ig Authorized Representative [] Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
[] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
Other:
11-19-07
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article xxIII Section 200- 124 Subsection B
Article XXII Section 280- 116 Subsection B
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 [] has not been made with respect to this property UNDER Appeal
No. Year
Page 2
Owner: ROBERT FRIEMANN
REASONS FOR APPEAL (additional sheets ma,/be used with applicant's signature):
AREA VARIANCE REASONS.
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
See attached.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
The relief from Article XXIII Section 280-124B is sought for a landward extension of the side of the existing dwelling that
is presently set back 12 feet and thus already a nonconforming distance from the southerly property line; and b) because
relief from Article XXII Section 280-116B would be required for any expansion whatsoever of the existing dwelling
because the entire preexisting dwelling is located less than 75 feet from the retaining wall.
(3) The amount of relief requested is not substantial because:
a) The relief sought from Article XXIII Section 280-124B is limited to 3 feet or 20% relief from the required 15-foot
side-yard setback and will not encroach further upon the preexisting setback of 12 feet.
b) The relief sought from Article XXII Section 280-116B is mathematically substantial (approximately 53 feet or 70%
relief), but the relief sought is not substantial relative to the location of the preexisting structure. Specifically, the existing
house is set back approximately 34 feet from the retaining wall, and the nearest comer of the nearest proposed addition is
set back 36 feet from the retaining wall. No portions of the proposed additions encroach further upon the preexisting
setback. The proposed deck is located a maximum of 11 feet closer to or a minimum of 23 feet (+22 feet according to the
Notice of Disapproval) from the retaining wall.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
See a~ached.
(5) Has the alleged difficulty been self-created? ( )Yes, or ~)No.
The need for variance relief is not self-created because the entire dwelling, which pre-dates current zoning laws, is situated
in a nonconforming location with respect to the setbacks from which relief is requested. Thus, any expansion to the
dwelling whatsoever would necessitate variance relief.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PL;ASE COMPLETE THE ATTACHED USE VARIANCE
SHEET: (Please be sure to consult your anomey.) ~
Signature]~o ippellant or A;thorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this 6th ROBERT E. HERRMANN
dayatt~Fe'~2008--/~ COASTAL MANAGEMENT SPECIALIST
a) The relief sought from Article XXIII Section 280-124 is required only to expand the dwelling toward
the road along the same side-yard setback as already preexists, and this expansion will occur not adjacent
to the dwelling on the neighboring property but rather along what is in effect the neighboring property's
reverse-flag access to Little Creek. Moreover, an attached concrete patio currently occupying the same
side-yard is to be removed, thus eliminating the most presently nonconforming coverage on the affected
side of the applicant's property.
b) The relief sought from Article XXII Section 280-116B is required for an attached deck on the seaward
side of the dwelling and for the proposed additions because the entire dwelling is already situated less
than 75 feet from the retaining wall, which has been present since the property was developed in 1962.
Therefore, with the exception of the waterfront deck, which is a common appurtenance in this waterfront
community, the proposed house additions will create no new encroachment by the dwelling itself upon
the now required 75-foot setback from hard shoreline structures. The granting of the requested relief
will in turn, therefore, not create any change in the character of this parcel nor of the surrounding
community, which is already characterized by preexisting dwellings with waterfront decks situated more
closely to the shoreline than would be allowed under today's zoning laws. It should also be noted that
any surrounding properties proposing expansions of dwellings with preexisting nonconforming setbacks
from the shoreline but not improved with hard shoreline structures would not require variance relief such
as that requested herein. Therefore, neither the granting or denial of the requested relief can control nor
influence the character of the surrounding community as would be the case if relief were being requested
from a section of the zoning code that would uniformly and thus more equitably affect all properties in
the neighborhood.
a) The relief sought from Article XXIII Section 280-124 relates only to the 3-foot variance from the
required 15-foot side-yard setback for the principal dwelling and has no impact whatsoever on the
physical or environmental conditions on the property or in the neighborhood.
b) The mitigation associated with the project that requires relief from Article XXII Section 280-116B
will actually result in a net improvement to the physical and environmental conditions on the property
and in the neighborhood. Most significantly, the project will replace the entire existing, fertilized lawn
in the rear yard with an approximately 3,126 square-foot (nearly 10 percent of total lot area) nonturf
buffer to be planted with nonfertilizer-dependent native vegetation. It will also replace the preexisting
nonconforming sanitary system with a Suffolk County Department of Health Services-conforming
sanitary system located farther from the shoreline. Moreover, the project will not only implement a
drainage system of drywells to capture and recharge roof runoff from the renovated dwelling, it will raise
the retaining wall and flatten the grade between the dwelling and the shoreline. Consequently, the
project will result in a net reduction not only of the flow rate and volume of runoff entering Little Creek
but of the potential concentration of fertilizers, fungicides, and other chemicals contained therein. It will
also result in a net improvement in the treatment of on-site septic effluent entering the groundwater table
adjacent to Little Creek. These positive project impacts are encouraged not only by Chapter 275
(Wetlands) of the Town Code, but are also consistent with the applicable Local Waterfront
Revitalization Program (LWRP) Policies 3, 5, and 6, which seek to enhance visual quality and scenic
resources adjacent to the shoreline; protect and improve water quality; and protect the quality and
function of Town wetlands, respectively. Accordingly, the project was deemed consistent with the
LWRP by the Town Board of Trustees, who also issued Wetlands Permit No. 6801 for the project. Of
course, without the renovations, none of these environmental mitigation initiatives would be employed.
DEPARTMENT OF PLANNING
DUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
March 11, 2008
~ THOMAS ISLES, AICP
DIRECTOR OF PLANNING
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Notaro 6136
Ragusa 6138
Friedmann 6139
Riccio 6140
Meskoufis 6142
Very truly yours,
Thomas Isles, AICP
Director of Planning
TRK:cc
S/sTheodore R. Klein
Senior Planner
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
COUNTY OF - SUFFOLK
SOIL AND WATER
CONSERVATION DISTRICT
FAX= (631) 727-3160
Steve Levy
SUFFOLK COUNTY EXECUTIVE
Thomas J. McMahon
DISTRICT MAnAgER
(631)727-231S
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road, P.O. Box 1179
Southold, NY 11971-0959
3/25/2008
Re: ZBA File Ref. No. 6139 (Friemann)
~OARD OF APPEAl-S,
Dear Mr. Goehringer:
We have completed a site inspection at the property known as the Friemann project, located at 2935 Pine
Tree Road in Cutchogue as you have requested.
At this time the house is not threatened by erosion. The fi'ont roof and the rear Northeast comer do not
have gutters and downspouts installed.. It is apparent at this time that erosion is occurring in the form of
small rills from that side of the house due to the roof water runoff. There is a small extension fi.om the
back of the house that does have gutters on both sides, however they exit onto the ground surface. All
roofed structure should have gutters and downspouts installed to direct roof water runoff. We
recommend that the runoff be directed to drywells or chambers installed below grade. The slope of the
parcel is towards Little Creek and the nmoffis flowing that way. The yard surrounding the house is in a
sod lawn cover in good condition planted right to the retaining wall.
You should contact Jay Tanski at New York Sea Grant for recommendations regarding stabilization
structures before removal of the retaining wall and construction of a new rock wall. He is located at the
SUNY Campus in Stony Brook, 125 Nassau Hall phone, 632-8730. The Retaining Wall along the Creek
is in a state of disrepair and we recommend that repairs be implemented as soon as possible by a
reputable marine contractor. Wing walls are not present on this retaining wall and are normally
recommended.
423 GRIFFING AVENUE SUITE 110 RIVERREAD, NY 11901
2
Landscaping debris such as cut grass and leaves should not be deposited on the beach as this will only
smother any existing vegetation. Some grasses are growing along the tide line and some in sparse areas
around the beach. It appears that approximately half of the beach is covered in leaves.
The proposed changes to the house will increase the surface area of impervious roof and decking. If all
of the roof water runoff is directed into drywells there still will remain the proposed decking. Runoff
from this area could be contained by installing a gravel base beneath the area covered by the deck with
gravel extending slightly beyond the footprint of the deck. This will help to absorb the impact of the
rainwater and aid in infiltration in place.
On the proposed plan there is a "project limiting fence" and straw-bale temporary barrier for catching
sediments during demolition and construction activities from entering the Creek. We also recommend
their use, but it should be noted that they are only effective if they are installed properly. I have sent you
our recommendations in the past for the proper way to install these practices. If you need these
recommendations again, please contact me. Placement of this erosion control practice should be along
the retaining wall since filling is proposed to be placed up to the retaining wall. The fill material that is
to be spread will take time to get reestablished with a good ground cover. It is recommended that an
erosion control practice be implemented to protect this area while it is bare. Methods for this include;
using a mulched material, an erosion control blanket or netting, or using a temporary seeding.
There is a shed located on the beach. While it appears to be safe at this time, I am sure storm level tides
can reach it and the possibility exists for it to be carded away. Consider moving it to higher ground.
Respectfully,
Paul A. TeNyenhuis, Senior Soil District Technician
BOAteD OF APPEALS
423 GRIFFING AVENUE SUITE 110 RIVEP~qEAD, NY 11901
New York State Departmen f Environmental Conservati
Division of Environmental Permits, Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
Phone: (631) 444-0365 · FAX: (631) 444-0360
Website: www.dec.state.ny.us
LETTER OF NON-JURISDICTION
TIDAL WETLANDS ACT
Mr. and Mrs. Robert Friemann
194 East Shore Road
Huntington Bay, N.Y. 11743
Re:
Application # 1-4738 -03765/00001
2935 Pine Tree Rd.
Cutchogue, N.Y. 11935
Dear Mr. and Mrs. Friemann,
11-01-07
/
BOARD OF APPEALS
Based on the information you have submitted, the Department of Environmental Conservation
has determined that the property landward of the 10 foot National Geodetic Vertical Datum
elevation contour of the referenced parcel, as shown on the survey prepared by John C. Ehlers on
10-29-06, is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, in accordance
with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is
required.
Be advised, no construction, sedimentation, or disturbance of any kind may take place
seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit.
It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or
other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction
which may result from your project. Such precautions may include maintaining adequate work
area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide
construction area) or erecting a temporary fence, barrier, or hale bay berm~
Please note that this letter does not relieve you of the responsibilinsib~aining~ne.necessary
permits or approvals from other agencies or local mT~. %~
~ ~JZOhn ~ieland ~ ~
f Deputy Permit Administrator
cc:MHP,
En-Consultants, Inc.
BOARD OF SOUTHOLD TOWN {USTEES ,-~de/B~
SOUTHOLD, NEWYORK BOARD OF APPEALS
PERMIT NO. 6801
DATE: JANUARY 23~ 2008
ISSUED TO: ROBERT FRIEMANN
PROPERTY ADDRESS: 2935 PiNE TREE ROAD, CUTCHOGUE
SCTM# 104-3-8
AUTHORIZATION
Pursuant To the provisions of Clmpter 275 and/or Chapter 11 l of the Tow~ Code of the Town of
Southold and in accordance with the Resolution otthe Board of Trostees adopted at the meeting held on
Jm~uarv 23, 2008, and in consideration of apphcation tee in the sum of $250.00 paid by Robert Fdemal~ and
subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Tro.~toos
authorizes al~d permits thc following;
Wetland Permit to construct a 18.3' x 10.2' one-story addition on east side of existing dwelling; a
30' :< 20.1'4-/- two-story addition on the north side of dwelling; a second-story addition da existing
dwelliug; new two-car garage with mudroom, porch, and deck additions to an existing one-story, one-
fan'dly dwelllag; remove existing concrete patio; install a drainage system of drywells; and remove an
existing sanitary system to be replaced with an upgraded sanitary system located a minimum of 100'
from wetlands; remove and replace (in-place) an existing timber retaining wall with a stone retaining
wall to be raised lC" to el, 9,5' MSL; place app, roxinmtely 60 cubic yards clean sand landward of new
retaining wall to decrease the slope between the dwelling and shoreline; and establish over same area a
23~-40' wide and ~pproximately 3,126 square foot non-turf bnft~r to be planted with native vegetation in
place of the existh~g lawn, with the condition of the removal of the shed; the decking to be non-treated
hunber with ~ inch spacing; a line of staked hay bales is installed prior to construction beginning; a non-
turf buffer is established from the retaining wall landward to the 12' contour line; the installation of
gutters, leaders a~ld drywells to contain roof runoff and in accordance with Chapter 236 of the Town
Code~qtorm Water Runoff, a planting plan to be submitted before any landscaping begins, and as
depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated December 12, 2007, and
received on December 20, 2007.
tN WETNESS WHEREOF, the said Board of Trustees hereby causes its Corporate 5cal to be affixed,
and these presents to be subserlbed by a majority of the said Board as of this &~te,
TERMS AND CONDITIONS
The Pemxittee Robert Friemann, residin3~ at 194 East Shore Road. Huntmeton Bay, NY 11743
as part of the consideration for the issuance of the l'ermit does understand and prescribe to the
following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation perfonued pursuant to this pemait, and the said Pennittec will. at his or her own
expense, defend any and all such suits initiated by third parties, aud tho said Permittee
assumes lull liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
That this Permit is valid for a period of 24 months, which is oonsidered to be the estimated
time required to complete the work involved, but should circumstances warrmat, request for
an extension may be made to the Board at a later date.
That this Permit should be retained indefinitely, or as long a* the said Permittee wishes to
maintain the structure or project involved, to provide evidenoe to anyone concerned that
authorization was originally obtained.
That the work involved will be subject to the inspection and approval &the Board or its
agents, and non-compli,'mce with the provisions of the originating application may be cause
for revo~ahon of this Pemrit by resolution of the said Board.
That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
That there shall be no interference with the right &the public to pass and repass along the
beach between high and iow water marks.
That if future operations of the Town of Southold require the removal and/or alterations in
the location of thc work herein author/zed, or if, in the opinion of the Board of Trustees,
the work shall cause mu'easonablc obstruction to fi'ce navigation, the said Penuittee will be
reqmred, upon due notice, to remove or alter this work project he~eln stated without
expenses to the Town of Southold.
The Permittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suftblk County Department of Real Properties Office as a notice
coverture and deed restriction to the deed of the subject parcel. Such evidence shall be '
provided within ninety (90) calendar days of issuance of this permit.
That the said Bom-d will be notified by the Perrnittee of the completion of the work
authorized.
That the Permittee will obtain all other perm/ts and consents that may be required
supplemental io this permit, which may be subject to revoke upon failure to obtain same.
~ BBgd SB3±S~± BO ~90~ IP9~§gl 6S:60 B00~/80/~0
James F. King, Pres/dent,
Jill M. Doherty, VicerPre$ident
Pegg~ A, Dicker~on
Dave Bergen
Bob Gho~io, Or,
Town Hall
,53095 Route 25
P.O, Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
January23,2008
Mr. Robert E. Herrmann
EN-Consultants, Inc.
1319 North Sea Road
Southampton, NY.' 11968
~3OARD OF APPEALS
RE:
ROBERT FRIEMANN
2935 PINE TREE ROAD, CUTCHOGUE
SCTM# 10:4-3-8
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, January 23, 2008 regarding the above matter:
WHEREAS, En-Consultant, Inc. on behalf of ROBERT FRIEMANN applied to the
Southold Town Trustees for a permit under the provisions of Chapter 275 of the
Southold Town Code, the Wetland Ordinance of the Town of Southold, application
dated December 20, 2007, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the I.:WRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the
following Best Management Practice requirements: the removal of the shed; the decking
to be non-treated lumber with % inch spacing; a line of staked hay bales is installed
prior to construction beginning; a non-turf buffer is established from the retaining wall
landward to the 12' contour line; the installation of gutters, leaders and drywells to
g0 39~cI S33J. SFP4.L _40 EHVO~ '~'¢99§9,L 60 :$6 800~/80/~0
contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water
Runoff a planting plan to be submiEed before any landscaping begins, and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on January 23, 2008, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that,for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees approve the application of ROBERT
FRIEMANN to construct a 18.3'x 10.2' one-story addition on east side of existing
dwelling; a 30' x 20.1 '+/- two-story addition on the north side of dwelling; a second-story
addition on existing dwelling; new two-car garage with mudroom, porch, and deck
additions to an existing one-story, one-family dwelling; remove existing concrete patio;
install a drainage system of drywells; and remove an existing sanitary system to be
replaced with an ,upgraded sanitary system located a minimum of t00' from wetlands;
remove and replaCe (in-place) an existing timber retaining wall with a stone retaining
wall to be raised 18" to el. 9.5' MSL; place approximately 60 cubic yards clean sand
landward of new retaining wall to decrease the slope between the dwelling and
shoreline; and establish over same area a 23'-40' wide and approximately 3,126 square
foot non-turf buffer to be planted with native vegetation in place of the existing lawn,
with the conditions of the removal of the shed; the decking to be non-treated lumber
with ¼ inch spacing; a line of staked hay bales is installed prior to construction
beginning; a non-turf buffer is established from the retaining wall landward to the 12'
contour line; the installation of gutters, leaders and drywells to contain roof runoff and in
accordance with Chapter 236 of the Town Code-Storm Water Runoff, a planting plan to
be submitted before any landscaping begins, and as depicted on the survey prepared
by John C. Ehlers Land Surveyor, last dated December 12, 2007, and received on
December 20, 2007_
~0 09V8 SBBIsn~± HO Q~VO~ ~99§9i 6S:60 800~/80/E0
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $100.00
Very truly yours,
President, Board of Trustees
JFK/eac
~0 BB~d SBBiSR~± ~0 ~908 TP99§94 6G:60 BOO~/BO/CO
Town of Southold
LWRP CONSISTENCY ASSES~ FORM
A. INSTRUCTIONS
1. A I1 applicants f0r pe.rm its* including T0w n 0f SQuth01d CCAFf0r'
p.r0p0sedacti0nsthataresubjectt0theT0wn0fS0uth01d Law. This
assessment is intended to supplement other inform ati0n used by a T0wn of S0uth01d agency in
m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *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).
tf any question in Section C on this form is answered "yes" or "no'i, then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the Consistency
review law. Thus, each answer must be explained in detail, listing both supporting and non.
sul~oortine facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
Be
SCTM# 104
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.
DESCRIPTION OF SITE AND PROPOSED ACTION
3 - 8
PROJECT NAME P, omm'r FRIEMANN
The Application has been submitted to (check appropriate response):
TownBoard ['~ PlanningBoard[~ Building Dept. ~] BoardofTrustees[5~ 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: [~
Nature and extent of action:
Construct one-story, two-story, second-story, garage, porch, and deck additions to an existing one-story, one-family dwelling; remove
existing concrete patio; install a drainage system of drywells; and remove an existing sanitary system to be replaced with an upgraded
sanitary system located a minimum of 100 feet from wetlands.
Remove and replace (in-place) an existing timber retaining wall with a stone retaining wall to be raised 18 inches to el. 9.5'MSL; place
approximately 60 cubic yards clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline; and
establish over same area a 23' - 40' wide and approximately 3,126 square-foot nonturfbuffer to be planted with native vegetation in
place of the existing lawn, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated December 12, 2007.
Location of action: 2935 PINE TREE ROAD, CUTCHOGUE
Site acreage: 0.734
Presefit land use: RESIDENTIAL, ONE-FAMILY DWELLING
Present zoning classification: R-40
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: ROBERT FRIEMANN
(b) Mailing address: 194 EAT SHORE ROAD
HUNTINGOTN BAY, NY 11743
(c) Telephone number: Area Code 631-425-4858
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes I I No ~ If yes, which state or federal agency?.
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
~-]Yes [---] No [5~] Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
~-~ Yes ~ No ~ Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[~ Yes [~ No ~ Not Applicable
The project is consistent with Policy 3 insofar as it shall establish a 23-40' wide and approximately 3,126 s.f nonturf buffer between the
existing retaining wall and dwelling, which shall be planted with native vegetation and thus restore and present a more natural
appearance along the shoreline.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[~Yes ~ No [~ Not Applicable
Attach additional sheets if necessary
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
The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of an approximately
3,126 s.f. nonturf buffer to be planted with native vegetation in place of the existing maintained lawn area landward of the existing
retaining wall. Tt~e surface water runoff absorption capacity of this area will be increased not only by the replacement of lawn with
native vegetation but also via the raising of the retaining wall and placement of fill behind it to decrease the slope from the dwelling tot
he shoreline. Water quality will be further improved via installation of a drainage system of drywells to capture and recharge roof
runoffand installation of a new, upgraded sanitary system to be located more than 100 feet from tidal wetlands.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
Yes [~ No [~ Not Applicable
toOncorporated
The
project is consistent with Policy 6 due mitigation and protective measul~llutlined above (see Policy 5) and
because a project-limiting fence and staked haybales will be installed to contain site disturbance during construction. With respect to
compliance with Trustees and NYS DEC laws and regulations, the work has been exempted from the DEC's Tidal Wetlands Land Use
Regulations due to its location above the 10-foot elevation contour above mean sea level. Due to the location of the preexisting house,
the additions cannot be located more than 100 feet from wetlands, but any potential impacts will be mitigated as described above.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
~-~ Yes [--] No[~ Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Sonthoid from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
Yes [-~ No ~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's watel~pendent uses and promote siting t~hew water-del~endent uses in
suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 f~r evaluation criteria.
[---I Yes [~] No [5~] Not Applicable
Attach additional sheets if necessary
Policy 1 I. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[--] Yes [-'-] No [5~ Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
[---] Yes [--] No [5~ Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
~ Yes [--] No [~ Not Applicable
ROBE~ HERRMANN
PREPARED BY
TITLE COASTAL MGMT SPECIALIST DATEDEc. 17, 2007
Amended on 8/1/05
EN-CONSULTANTS, INC.
1319 North Sea Road
Southampton, New York 11968
631-283-6360
Fax: 631-283-6136
www. enconsultants.com
ENVIRONMENTAL CONSULTING
February6,2008
SoutholdTownZoningBoardofAppeals
53095M a inRoad
P.O. Box 1179
Southold, NY 11971
Atm.: LindaKowalski
Robert Friemann
2935 Pine Tree Road, Cutchogue
SCTM # 1000-104-3-8
D~r Linda:
Enclosed are (8) sets oftbe following for your review:
1. Notice of Disapproval.
4.
5.
6.
7.
8.
9.
10.
I1.
Zoning Board of Appeals application including;
a. Questionnaire.
b. Project Description.
c. Transactional Disclosure Form.
d. Letter of Authorization.
Environmental Assessment Form;
Survey/site plan dated February 10, 2008;
Construction plans;
DEC Letter of Non-Jurisdiction;
Town Trustees Wetlands Permit;
Photographs;
LWRP Consistency Assessment Form and
Application fee of $600.00.
The LWRP Consistency Assessment Form included herewith is the same form submitted with the Town Wetlands
Permit Application and previously reviewed by the LWRP Coordinator. While the scope of the proposals remains
unchanged (and thus the answers to the LWRP application remain unchanged), the 12 December 2007 site plan
referred to was updated at the request oftba Trustees in association with certain suggestions made by the LWRP
Coordinator, including use of untreated lumber and V~-inch deck spacing for the proposed deck, the permanent
removal of the shed presently existing on the beach, and the submission of a plantings plan prior to implementation
of the proposed buffer area. The site plan was also updated to reflect minor details specific only to the ZBA
application, including coverage information and setbacks to the retaining wail.
I trust this information shall allow you to process our request. Should any additional information be required,
please do not hesitate to contact our office.
Eno.
ROBERT FRI EMANN
194 EAST SMOP~ ROAD
EUNTINGTON NY 11743
FEB 2 5 ~008.
~'~RD OF APpI=ALS
CA~E RECEIPT
Date Processed:
Hdref NO; R1~-07-C137
PrO~SC: Name:
Lou&~ion:
KES]D~TIkL PUB WTR & LP'S
I-NC
Amount ~&i~:
Ch~ck Number:
Pd~$IDENCE ® E/S PINE TREE i~D., 127.70' N OF BAY AVE~
PINE TREE RD., 12~. ?0~ N OF BAY AVE.
$275.00
8246
N
~FEB 2 5 2008
BOARD OF APPEALS
TOWN OF.SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.net/Southold/
Examined ,20
Approved /, 20__
Disapproved a/c I1 lt. ]
Expiration ,20.__
PERMIT NO.
Phone:
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey_
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
73 4 - 4/£5
APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
,20
a. This application MUST be completely filled in by typewriter or in ink and submitted to the. Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Perrrdt to the applicant. Such a pern'fit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance pr has not been completed within 18 months from such date. If no zohing amendments or other regulations affecting the
prop~rty have been enacted in tho interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six monthg. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department, for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, NeW York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, ho~a~g.~ode, and regulatio/tl~md to admit
authorized inspectors on premises and in bailding for necessary inspections. ~//~~~/~ / ~/-n~
(Sign'~ture o]~ap~lican~/or name, ifa corporation)
(Mailing address of applicant)
State whether applicant is owner, less~, agent, ar~ineer, general contractor, electrician, plumber or builder
Name of owner of premises .~O ~-/'" ~ 1 ~,~t,q'~f,/If/lf
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work w~ll be done:
House Number Street
Hamlet
County Tax Map No. 1000 Section
Subdivision
Ioq'
Block
Filed Map No..
Lot
Lot
(iqame)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existinguseandoccupancy ~[/Gt ~ L ~_~ ~',,,~ ,,4,f l r,~ ~,l, ~'~,~____
b. Intendeduseandoccupancy
3. Nature of work (check which applicable): New Building.
Repair Removal Demolition
4. Estimated Cost
5.' If dwelling, number of dwelling units
If garage, number of cars
Addition
Other Work
Fee
Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy; specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front
Depth Height Number of Stories
Rear
Dimensions of entire new c0fistruction: Front
Height Number of Stories
Size oflot: Front '~"~--~ J'"("/'~Re~
Rear Depth.
Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated F 4
12. Does proposed construction violate any zoning law, ordinance or regulation? YESJ~_ NO
13. Will lot be re-graded? YES NO ~Will excess fill be removed from premises? YES ,/~ NO
14. NamesofOwnerofpremises p'/C/~.~-'/,~'-'/,,z,d) Address/'J0t~//~6~'~,~//~/~ Ph~neNo. ,5'[6, 5'"! ¢/.~oO
Name of Architect ,/~ .,,?~ ._~t~,,'~,~,Tz. Address Phone No ?,,~4 ~ ~ [*,PJ~
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES t""/NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS ~.AY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES V' NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
COUNTY OF~S:
~"~/~1-~/~,, ~r~ t~-~ t4.,,,'~ ~'--~_._ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(Cohtracto~, Ag~ent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Swooner_et_before me this
2009
NIELANIE DOROSKI
NOTARY PUBLIC, State of New York
No. 01D04634870
Qualified in Suffolk Counly
Commission Expires September 30, ~-'Vl
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ROBERT FRIEMANN Date Prepared: FEBR~.
1. For Demolition of Existing Building Areas
Please describe areas being removed: THE EXISTING ROOF RAFTERS AND CEIL1N
REMOVED, REMOVAL OF INTERIOR WALLS AS SHOWN ON PLANS, AND REM(
~6o~ 1~
ARY 6, , ~^~'~
~l~j~b ~F APPEALS
'VAL OF EXISTING
FOUNDATION AT SITING AREA.
11. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 14' NORTH; 43'-6" WEST; 0' SOUTH; 10' EAST
Dimensions of new second floor: NORTH TO SOUTH 82'-7"; EAST-WEST 75'-6"
Dimensions of fioor above second level: NONE
Height (from finished ground to top of ridge): 25'-8"
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: APPROXIMATELY 2' TO TOP OF FIN. FLOOR
111. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: SINGLE STORY - THREE
BEDROOM RESIDENCE WITH ONE CAR ATTACHED GARAGE.
Number of Floors and Changes WITH Alterations: TWO-STORY - FOUR BEDROOM RESIDENCE
WITH TWO CAR ATTACHED GARAGE.
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 1754 S.F.
Proposed increase of building coverage: 7.8% (HOUSE, DECKS & PORCH)
Square footage of your lot: 31,971.2 S.F. - 1,320 (WETLANDS) - 30,601.2 S.F.
Percentage of coverage of your lot by building area: 13.8%
V. Purpose of New Construction Requested: EXPANSION OF FIRST FLOOR LIVING AREA WITH
NEW SECOND FLOOR BEDROOMS.
VI. Please describe the land contours (fiat, slope '/o, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2006
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes [] No
Are there any proposals to change or alter land contours?
[3 No [] Yes, please explain on attached sheet. SHEET ATTACHED
1) Are there any areas that contain sand or wetland grasses?YES
2) Are these areas shown on the map submitted with this application?YES
3) Is the property bulkheaded between the wetlands area and the upland building area?
YES
4) If your property contains wetlands or pond areas, 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: WETLANDS PERMIT NO. 6801, ISSUED 1/23/08.
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? NO
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting?NONE (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
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
the proximity of your lands on your map with this application.
If yes, please label
H. Please,JS~4t present use or operations conducted at this parcel DEVELOPED-RESIDENTIAL
and proposed use NO CHANGE IN USE PROPOSE~
existing: single-family; proposed: same with garage or pool, or other description.)
Authori~red $,j/gnature and Date 2/os;
ROBERT E. HERRMANN
COASTAL MANAGEMENT SPECIALIST
ROBERT FRIEMANN
Approximately 60 cubic yards of clean sand will be trucked in and placed over an
approximately 3,126 square-foot area lawn landward of the new retaining wall (to be
raised 18 inches higher than the existing structure to 9.5MSL) in order to flatten the grade
between the dwelling and the shoreline. This area will then be established and
maimained as a nonturfbuffer to be planted with nonfertilizer-dependent native
vegetation. As noted elsewhere in the application, the result of these actions will be a net
reduction not only of the flow rate and volume of runoff entering Little Creek but of the
potemial concentration of fertilizers, fungicides, and other chemicals contained therein.
Mark K. Schwartz, AIA - Architect, PLLC
Cutchogue, New York 11935
Phone:. (631) 734 - 4185
Fax: (631) 734 - 2110
February 01, 2008
Southold Town Zoning Board of Appeals
P. O. Box 1179
Southold, New York 11971
Re:
Additions and Alterations to:
Robert and Patricia Friemann House
2935 Pine Tree Road
Cutchogue, New York
(SC'I'M# 1000-104-03-08)
BOARD OF APPEALS
Dear Zoning Board members,
The extent of the proposed construction project, as submitted to your office, will include
additions and alterations to the existing structure; demolition of the existing roof
structure, removal of interior walls as shown on plans, construction of new interior
walls, alterations to exterior walls with new windows and doors, sheathing, siding. The
project also includes first floor additions and a new second floor. The three walls of the
existing Sitting Room must be demolished and new foundation walls constructed as
shown on the foundation plan. The existing foundation in that area is not code
complianL The remaining foundation will remain in place. We have noticed several
areas at the exterior wall sill plates that have minor rotting. These areas will be removed
and replaced.
Please call this office if you have questions or require additional information.
Sincerely,
FriemmmZ~Alet~er
14.16-4 (9/95)--Text 12
PROJECT I.D. NUMBER '~ 617.20 S E QR
/
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS ~
PART ~ -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
?~OBERT FRIEMANN BY EN-CONSULTANTS, INC.[ ~ 1 ,.~
3 PROJECT LOCATION:
Municipality PECONIC Gounty SUFFOLK
4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, ate, or provide map) ~OA~[J U F ~-~'~' r-/-~L...w
~935 PINE TREE ROAD, CUTCHOGUE, TOWN OF SOUTHOLD; SCTM #1000-104-3-8
[] New G Expansion [] Modification/alteration
~onstruct onto ex~stlng one-story, one-family dwelling a second-story addition, a 10.2' x 18.3' one-story easterly addition; a 20. l' x 30' two-story
tortherly addition, a 20.8' x 43.5' westerly ail. ached garage addition, and an 8' x 37.5' westerly porch addition with steps; construct attached waterfront
leek; remove existing shed and existing southerly concrete patio; install a drainage system of drywells; and remove an existing sanitary system to be
'eplaced with an upgraded sanitary system located a minimum of 100 feet from wetlands.
~.cmove and replace (in-place) an existing timber retaining wall with a stone retaining wall to be raised 18 inches to el. 9.5' MSL; place approximately
~0 cubic yards clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline; and establish over same area a 23' -
[0' wide and approximately 3,126 square-foot nonturf buffer to be planed with native vegetation in place of the existing lawn, all as depicted on the site
)lan prepared by John C. Ehlers Land Surveyor, last dated February 10, 2008.
Initially 0.7340 acres Ultimately 0.7340 acres
~]Yos [] No If No, describe briefly
[] Residential ~l Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other
STATE OR LOCAL)?
[] Y e s [] N o If yes, list agency(s) and permit/approvals
DEC, SCDH, SOUTHOLD TRUSTEES
[~Yes [] No If yes, list agency name and permit/approval
NYS DEC LETTER OF NON-JURISDICTION #1-4738-03765/00001
[]Yes []N o
~.pplicant/sponsor name ROE ~ERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST o A T E FEBRUARY 6, 2008
If the action is in the Coastal Area, and you are a state agency, complete the I
Coastal Assessment Form before proceeding with this assessment
OVER
PART II- ENVIRONMENTAL ASSESSM~ (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAr
B. W~LL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If no, a negative declaration
may be superseded b another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible)
C1. Existing air quality. Surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal
potential for erosion, drainage or flooding problems! Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly:
C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefi
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term snort term. cumulative, or other effects not identified in CI-C57 Explain briefly.
C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENV RONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
r-~ Yes ~]No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO If Yes, explain briefly
PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d)
irreversibility; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If-
question O of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then Proceed directly to the FULL EAr and/or prepare a positive declaration.
[] Check this box it you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
1 itle ot Nesponslore (Jltlcer
Signature of Preparer (If different from responsible officer)
Date
2
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 16, 2008
USPS Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
Mr. Robert E. Herrmann
En-Consultants, Inc.
1319 North Sea Road
Southampton, NY 11968
Re: ZBA #6139 - Robert F. Friemann Variance application
Dear Mr. Herrman:
Transmitted for your records is a copy of the Board's April 10, 2008 Findings,
Deliberations and Determination, the original of which was filed today with the Town Clerk
regarding the above application for variances.
Please be sure to submit an application for a building permit with three sets of maps
and any other documentation (if not already filed) directly with the Building Inspector's
Office. You may want to furnish an extra copy of the enclosed when furnishing additional
information to the Building Department.
If you have any questions, please feel free to call at any time.
Very truly yours,
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
Linda Kowalski
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
February 13, 2008
Zoning Appeal No. 6139
Transmitted here~vith is Zoning Appeals No. 6139 Robert & Patricia Friemann- the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter
from En-Consultants, Inc. listing the following: Authorization letter from Robert F. Friemann to
En-Consultants, Inc. to represent him in the matter, Notice of Disapproval, Short Environmental
Assessment Form, 2 Property Record Card, Survey of Property, Letter from Mark K. Schwartz,
Architect explaining Additions and Alterations, Plans and Drawings of Additions and
Alterations, DEC Letter of Non-Jurisdiction, Southold Town Trustees Wetlands Permit, 5 Photos
of Property, LWRP Consistency Assessment Form.
OTown Of Southold
P.O Box 1179
Southold, NY 11971
Date: 02/12/08
Transaction(s):
1
* * * RECEIPT * * *
Application Fees
Receipt#: 11634
Reference Subtotal
6139 $600.00
Check#: 8317
Total Paid: $600.00
Name:
En-consultants, Inc.
1319 North Sea Drive
Southampton, NY 11968
Clerk ID: CAROLH Internal ID: 6139
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 2/12/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIVED
6139 Friemann, Robert and
Patricia 8317 $600.00 F ~- ..... ,'~,
$600.00
By Thank you.
TRANSACTIONAL DISCLOSURE
The Town of $outhold's Code of Ethics prohibits conflicts of interest on
ti{is form is to provide information which can alert the town of poasible conflicts of interest o~
necessary to avoid same.
(L~st name, first name, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, ihdicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Variance
Change of Zone
Approval of plat
Exemption from plat or official map
Other
(If"Other", name the activity.) ~)~ F'~ ~ P~O~.4 i'-/''''~
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or employee
of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business,
including a parmership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES NO 1~
I~you answered "YE", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of $outhold
Title or position of that person
Describe the relationship between yourseLf(the applicant/agent/representative) and the town officer or employee. Either oheck
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
__.A) the owner of greater than 5% of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
__B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
__C) an officer, director, partner, or employee of the applicant; or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submittedllli& 4~ day of ~O ~' 200 Z
-. ,
Print Name .~o ~,~ ~' t~. ~* ~ ~"r~d~O~'~
ROBERT TLE CREEK~CUTCHOGUE
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 27, 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~ MARCH 27~ 2008:
10:40 A.M. ROBERT F. AND PATRICIA FRIEMANN #6139. Request for Variances under
Sections 280-116B and 280-124, based on the Building Inspector's November 19, 2007 Notice of
Disapproval concerning proposed partial demolition of an existing dwelling, and proposing
new construction for alterations and additions to the dwelling at less than the code-required
minimum of 15 feet on a single side yard, and less than 75 feet from the bulkhead or retaining
wall, adjacent to the shoreline of Little Creek. Location of Property: 2935 Pine Tree Road,
Cutchogue; CTM 104-3-8.
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: March 3, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY L!NDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
'P.O. Box 1179
Southold, NY 11971-0959
COUNTY OF SUFFO'L~)-
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 S~uthold, 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 onc~ a week for 1__ week(s), successively, commencing on the 20th
day of March1 2008::
Principal Clerk
Sworn to before me this
3 dayo, 2008
building is proposed at less than five (5)
proposed /ocalion of a swimming ~ool
at the side of deck with hot tub addition
and partly in lhe code permitted rear
Ncck Road, Sour hold; C~M 63-7 30.1
10:25 AM RICHARD and pA-
MELA FRERK[NG #6141 Thi~ is ~
request for a Special Exception under
111, Section 28~13B(14), sub-sections
a d The Applicant/Owner proposes a
(10) casual transient roomers L°cation
of Property: 235 Lilac Lane, Cutchogue;
Lot 117 on the Map of Nassau Farms;
dwellings not to exceed one dwell[n~ on
each lot2
2) Interpretation to deal with this
preexist hag residentiM use in a residen- i
rial zone,applying Cede Section 280 122.
Nonconfnrming Buildings with Con-
forming Uses which qtates: A Nothin~
~ ~6130. Request for Variances tm-
TOWN OF SOUTHOLD PERTY RECORD CARD
OWNER
FORAAER OWNER
N
VILLAGE
DISTRICT SUB.
oF .U,LD,NG
~:A~ COM~. '~ND. JC". J M~SC.J E~. Mkt. Vol.e
iMP.
AGE
NEW NORAAAL
Farm
'illabJe 2
'[liable 3
Voodlond
wompland
rush[an~ ~
louse Plot
Oral
~EL~ ABO~ FRONTAGE ON WATER~ ~ ~ /~ ~ /~ ~
Value Per Acre
V~lue
/at;t/nc
FRONTAGE ON ROAD
BULKHEAD ,.~(..~
DOCK
>~>' ~ ~ ~ _ !~.r~'
Walls ~t~ ~' Interior Finish
Patia Rooms 2~ Fba~
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
Robert Friemann
(Name of Applicants)
CTMParcel #1000- 104 3 8
AFFIDAVIT
OF
MAILD4GS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
(1ha
[,Robert Herr-mann m~m~gat lqlq ~c~rt-h -qoa Rd..
, New York, being duly sworn, depose and say that:
SouEhamptone
On the 6 day of March , 2008, I personally mailed at the United Stales
Post Office in Southampton . New York, by CERTIFIED MAIL, RE~IMRN 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 (a) Assessors, or ( ) County Real Property Office _, for every
property which abuts and is across a ' ' ·
surrounding the applicant's property,pubhc or prtvs.e stre
~r~to before me this
ay of'~.t/~-. , 200g'
e~,or vehicular right-of-way of record,
PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the
owner names and addresses for which notices were mailed, Thank you,
Robert Friemann
SCTM# 1000~104-3-8
#104-3-7
Marilyn Schutt
29 North Edgewood Road
Niantic, CT 06357
#104-3-9
Richard & Phyllis Noncarrow
PO Box 100
Cutchoguc, NY 11935
#104-4-20
Joan Carvo
169 E. 69th Street
New York, NY 10021
#104-2-18
Robin Sweeny
1 Sterling Road
Cutchogue, NY 11935
r
rm (Endomement Required)
~ F~'~ro - ROBIN sWEENY
~ t~-~-~b-t7 I STERLING ROAD
!!!!!!CUTCHOGUE, NY 11935
p- ..,_[__.._-;
ra - MARILYN SCHUTT
~ ~s*n~ _To. ....... 29 NORTH EDGEWOOD ROAD
'~t, Apt. N~
r,- [or~OBoxNo. NIANTIC, CT 06357
Postage
Ce~fled Fee
[Sent TO -- JOAN CARVO
[-- ......... 'x~z,: 169 E. 69TH STREET
Io~7~'B~o;'~';.' NrW vo~, ~ lOOZl
· Oomptete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired,
~ print your name and address o~ the reveme
so that we can return the card to you..
· Attach this card to the back of the
or on the front R space pan'nits.
1. Article Addressed to:
D. ~sdelivmyaddmesdlffetestfTomtteml? rq No
tf YES, enter deliver/address below:
MARILYN SCHUTT
29 NORTH EDGEWOOD ROAD
NIANTIC, CT 06357
SeMee Type
I~Don~ed Ma1 [] F.x~mss Mai
r'l Registered [] Return ReCeipt fo~ Memhendise
[] Insured Malt [] C,O.D.
nyes
7007 1490 0003 0097 8847
~ Fo~ 3811, F~ 20~
· Complete items 1,2, and 3. Also complete
item 4 ff Restricted Delivery is desired.
· print your name and address on the reverse
so that we can tatum the card to you...
· Attach this card to the back of the meJIp~ece,
or on the front if space permits.
1. A~tlole Addressed to:
A. Signature
X
from item 17 yes
If YES, enter deiive~ address below: [] No
JOAN CARVO ~3. ~e~/iceType .
169 E. 69TM STREET ~ I~Certrasd Mal~ [] F. xpress ~a~t,
! [] p~emd [] Return R~:~P, ...........
NEW YORK, NY 10021 [ [] ~nsumd M~ [] C.O.O. _
2. ,~tlole Number 7007 1490 000E 2043 2214
PS Form 3011, February 2004 Domestic Return R~pt ~ C~ ~'~ r~
· Complete Rems 1, 2, and 3. Also .c,o~.plete
~ 4 if Restricted Delivery is des red.
· Print your name and address on the reverse
so that we can return the card to you,
· Attach this card to tt
or o~ the front if space permits.
y ( Printed Name)
If YES, enter dellve~J address below:
[] Agent
[]/~ldressee
yes
[] No
PHYLLIS & RICHARD
NONCARROW
PO BOX 100
CUTCHOGUE, NY 11935
2. Ntlde Number
0-r~,~. from senn~e/abe0
7007 1490 0003 0097 8854
PS Form 3811, February 2004 ' Domestic Return Receipt
2, and 3. Also complete
Delivery Is desired.
:1 address on the reverse
rn the card to you.
:he back of the mailpiece,
[Y
OAD
NY 11935
A. Signature
X i-I Agent
[] Addressse
B. Received by (Pr/nf6o'Name) C. Date of D~livery
D. Is de~ive~y addre~s different fmm item l ? ~;~'es
If YES, enter delivery address below: [] No
7007 1490 0003 0097 8861
~7
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
Rober~ Friemann
(Name of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 104 - 3 8
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
-} .-2~q I,~x~l ~}-~lew York, being duly swom, depose and say that: ~
On the "7p- day of ~v~ ~ . ~:~, I personally placed the Town's official
Poster, with the date of bearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -
facing the street or facing each street or right-of-way entrance;* and that
I hereby confirm ttmt the Poster has remained in place for seven days prior to tlmt date of
the subject hearing date, which hearing date was shown to be ~ '2~/: .'~b~-.
Sxyom to before me this.
of ¢r c cG,2oo f
~:~Z/'X~otary P/uu~.lic)t ~''
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
AUTHORIZATION
(where the applicant is not the owner)
(print owner of property)
residing at /~Y ~ ~m~
(mailing address )
do hereby authorize
(Agent)
apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
BOARD OF APPEALS
BROAD/CATERS COVE
TOWN OF SOUTHOLD
HAYWATER COVE
COUNTY OF SUFFOLK
Re. Properf~ ~ax Service~gency
SECTION NO
Mark K. Schwartz, AIA
Cutchogue, New York 11935 /~t
Febm~ ~, 2~ ~
T~S~T~'AL
Phone: (631) 734 -4185
Fax: (631) 734-4185
To:
Fronl:
Southold Town Zoning Board of Appeals
P. O. Box 1179
Southold, New York 11971
Additions and Alterations to:
Robert and Patricia Friemann House
2935 Pine Tree Road
Cutchogue, New York
(SCrM# 1000-10,~03-08)
Mark Schwartz, AIA
We transmit the following - hand delivered on February 25, 2008
· 8 prints of the proposed foundation plan to identify existing areas to remain and
new areas proposed.
· 8 copies of the Suffolk County Depm-taient of Health approval for the new septic
system for the proposed construction
Remarks:
Please call this office if you have questions or require additional information.
FriemannlZBATrans
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
USPS Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 Fax (631) 765-9064
May 22, 2008
By Re.qular Mail and Fax Transmission 283-6136
En-Consultants, Inc.
Attn: Robert E. Herrmann
1319 North Sea Road
Southampton, NY 11968
Re: ZBA # 6139 - Robert and Patricia Frieman (Pine Tree Road, Cutchogue)
Dear Mr. Herrmann:
Please find enclosed a copy of the Suffolk County Soil and Water District
letter dated 3/25/08 with recommendations. Also, the County has requested that
Jay Tanski at New York Sea Grant be contacted by the owner or their
representative concerning additional recommendations before removing the
retaining wall or starting other construction.
Thank you.
Very truly yours,
Gerard P. Goehringer
Chairman
Encl.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
USPS Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
REPLY FORM
NEW APPLICATION SUBMISSION
DATE: February 22, 2008
TO:
Enconsultants, Inc. Attn: Robert Herrmann Fax 283-6136)
1319 North Sea Road
Southampton, NY 11968
Re:
Date of Building Inspector's Notice of Disapproval: November 19, 2007
CTM 1000-104-3-8 (Owner: Patricia Friemann) ZBA#6139
Dear Sirs:
Please furnish eight (8) prints of a diagram showing the foundation with all
construction as proposed (labeling existing which will remain, labeling demolition
areas proposed, also labeling new foundation additions and extensions as proposed,
labeling support foundation for decks, porches, steps, raised patios). (Plan EX-1 was
submitted to show the existing foundation without identifying the new foundation with
additions and other new construction areas).
Further processing by the Department will continue after receipt of the above
information.
Thank you.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
February 26, 2008
Suffolk County Soil and Water
Conservation District
423 Griffing Ave., Suite 110
Riverhead, New York 11901
Re: ZBA File Ref. No. 6139 (Friemann)
Gentlemen:
We have received an application for a project adjacent to Little Creek in Cutchogue, NY,
and shown on the enclosed site map. The hearing on this application is expected to be
held in approximately 6 weeks.
Enclosed is a copy of the site map, together with the application and a copy of the area
map. May we ask for you assistance in an evaluation and recommendations for this
proposal.
Thank you for your assistance.
Very truly yours,
Gerard P. Goehringer
Encls.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
February 12, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6139 (Friemarm)
Dear Mark:
We have received an application for additions and alterations of an existing single family
dwelling at a premises on Pine Tree Road in Cutchogue, 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,
Gerard P. Goehringer
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown:northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
February 12, 2008
USPS Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #6139
Action Requested:
Within 500 feet of:
Owner/Applicant: Friemann, Robert and Patricia
Yard setback and retaining wall
( ) 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,
Encls.
Gerard P. Goehringer
ZBA Chairman
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME FRIEMANN, R. & P. #6139
MAP #
104-3-8
VARIANCE Setback Variances
REQUEST
Additions/Alterations/Partial Demo
DATE: THURS. March 27,- 10:40 AM
If you are int~;rested 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
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.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 1 1971-0959
FACSIMILE TRANSMITTAL SHEET
TO: F~x # ~ ~,_~ -- 6/.¢ d~
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SENDER'S TELEPHONE NUMBER:
765-1809 (press I at voice recording)
REFERENCE::
[] URGENT [] FOR YOUR UPDATE [] PI,EASE COMMENT [] AS REQUESTEI) [] ...........
NOTES/COMMENTS:
Please find attached copy/copies of the following:
Thank you.
Sender's Initials: _/~
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