HomeMy WebLinkAbout6153
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APPEA~S BOA~D MEMBERS.
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
p, ~~~EIVED +-
~ {l:;6
MAY 2 2 2008
FINDINGS, DELIBERATIONS AND DETERMINATION ~Cl.?~.;~L.
MEETING HELD MAY 8, 2008 Southold T~n CI"r~
ZBA# 6153 - MICHAEL KENIN
Location of Property: 420 Lake View Drive, East Marion
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
CTM 31-9-11
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: Request for a Variance under Section 280-124, based on
an application for a building permit to construct and the Building Inspector's March
10, 2008 Notice of Disapproval, amended April 1, 2008, for the reason that the
proposed additions to the existing single-family dwelling will be set back less than the
code-required minimum of 35 feet from the front yard lot line.
CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280-
124 which states that non-conforming lots measuring less than 20,000 square feet in
total size shall have a minimum front yard setback of 35 feet for an addition to a
dwelling.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on 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 REQUESTED: The Applicant proposes to construct a
covered deck with steps (open, roofed-over porch) as an addition to the existing single-
family dwelling, with a setback of 30 feet from the front yard lot line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
.
.
Page 2 - May 8, 2008
ZBA # 6153 - Michael Kenin
CTM 31-9-11
1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties. The
dwelling is presently 16.8 feet from the adjacent 20-foot right-of-way at its closest
point. The wood deck is proposed at 30 feet from the right-of-way and is small (9 feet
long and 4 feet wide) and minimally visible from neighboring properties.
2. Town Law ~267-b(3)(b)(2)' The benefit sought by the applicant, adding a covered
porch and steps, cannot be achieved by some method feasible for the applicant to
pursue other than an area variance.
3. Town Law ~267-b(3)(b)(3)' The variance relief requested is not substantial. It
amounts to 14.3% of the code-required 35 foot front yard setback. The variance
concerns only the short side of a proposed 4' x 9' open porch (covered deck with steps).
4. Town Law ~267-b(3)(b)(5)' The difficulty is self created only insofar as it is the
result of a desire to add a porch to an existing house.
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.
6. Grant of the relief requested is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of an unenclosed, roofed-over front porch,
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 Chairman Goehringer, and duly carried, to
GRANT the variance as applied, as shown on the 3/01/08 site survey prepared
by John C. Ehlers, and on the October 4, 2005 Plan View-Elevation Sheet D-1
amended 1/12/07 prepared by Metz Design, signed by Joseph Fischetti, P.E.,
.
.
Page 3 - May 8, 2008
ZBA# 6153 - Michael Kenin
CTM 31-9-11
subject to the following condition: That the proposed porch shall remain open
on three sides and not be enclosed or screened-in.
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 Goehringer (Chairman), Dinizio, Oliva, Simon, and
Weisman. This Resolution was duly ~~. //'7 ,/
/'.." // / / ('/",/2../'-
/ / ~c- ~,'
j.Gerard P. Goehringer, Chai. an
Approved for Filing /
5/20/2008
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
APPEALS BOARD MEMBER.
Gerard P. Goehringer, Chairman
htlp:llsoutholdtown .northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
~r~/
May 21,2008
By Reqular Mail and Fax Transmission 537-5291
Mr. Bruce Anderson
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Re: ZBA # 6153 - Variance Determination (Kenin)
Dear Mr. Anderson:
Please find enclosed a copy of the variance determination with condition, rendered
by the Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to
furnish an extra copy of the enclosed variance with all the required maps at the time of
submitting your application to the Building Department for a building permit.
Thank you.
Very truly yours,
Linda Kowalski
Enc!.
Copy of Decision 5/21/08 to:
Building Department
#
=-
FORM NO.3
NOTICE OF DISAPPROVAL
DATE: Marc
Amended: A
!- ~',
- i 1 ?
..... ,~
10, 2008 I 1P
1'1l.1"'~OF {.../$~ I
. - ~ r ;..A,PP- -,1.::1'
TO:
Matt Ivans for
M Kenin
POBox 2003
Bridgehampton, NY 11932
Please take notice that your application dated March 6, 2008
For permit for addition to an existing dwelling at
Location of property: 420 Lake View Dr., E. Marion, NY
County Tax Map No. 1000 - Section 11 BlockJLLoUl
Is returned herewith and disapproved on the following grounds:
~
The covered deck addition. on this nonconforming lot is not permitted pursuant to Article XXIII
Section 280-124 which states that non-conforming lots. measuring less than 20.000 Sq. ft.. require a
minimum front yard setback of 35'.
The survey indicates a proposed covered deck at approximately 30'.
~The lot coverage is less than the required 20%.
tl\- * Amended since this property with bulkhead is not located on a tidal water body.
,~~
/ Authorized Signature
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APPLICA nON TO THE SOUTHOLD TOWN B
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Fee: $
For Office Use Only
Date Assignedl
'I'".
Filed By:
. Ar'R 1
sSIgnment No.
-t;i::-t.>IS3
Office Notes:
Parcel Location:
Street Lake View Terrace
420
East Marion
House No.
Hamlet
SCTM 1000 Section 031 Block 09 Lot(s) 011 Lot Size 16. 165 SQ. ft. Zone District..,]!
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: March 26. 2008
ApplicantlOwner(s): Michael Kenin
Mailing
Address: 1236 Park Avenue: New York. NY 10128
Telephone: (212) 722 - 5230
NOTE: If applicant is not the owoer, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized
Representative:
Suffolk Environmental Consultinl!. Ine.
Address:
P.O. Box 2003: Bridl!ehampton. NY 11932
Telephone:
(631) 537 - 516
Please specify who you wish correspondence to be mailed to, from the above listed names:
D ApplicantlOwner(s) ~ Authorized Representative D Other:
WHEREBY THE BUILDING INSPEcroR DENIED AN APPLICATION DATED December 17. 2007 FOR:
~ Building Permit
D Certificate of Occupancy
D Pre-Certificate of Occupancy
D Change of Use
D Permit for As-Built Construction
D Other:
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: l00-239.4B Subsection:
Article: XXIII Section: 280124 Subsection:
Type of ~peal. An Appeal is made for:
~ A Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 280-A.
D Interpretation ofthe Town Code, Article Section
D Reversal or Other
A prior appeal D has ~ has not been made with respect to this property UNDER Appeal
No._ Year
,",
"
. .
Part A. AREA VARIANCE REASONS (attach extra sheet needed):
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because:
An undesirable change will not occur to the character of the neighborhood in that the proposed structures subject of
this application (Le.. proposed wood deck, proposed covered deck) are structures common within this medium-density
residential neighborhood.
Furthermore, review of the attached aerial indicates the presence of simikJr structures within neighboring properties
exhibiting setbocks from both bullcheads andlar property boundaries less than the requested setbacks he<ein (Le.. the
existing deck within the southeasterly adjacent prape<ty - nlolf Gaipo). which hove nof resulfed in any form of
undesirable change to the neighborhood.
Additionally, no undesirable impact to the character of the neighborhood is anticipated in that the proposed structures
ore barely v~ible from fhe neighborhood: the proposed wood deck is sifuafed proximafe only fo the northwesle<ly
adjacenf property (n/alf Wiliams), which is currently vacan!. and apposife fhe surface wafers of Marion Lake: fhe
proposed cove<ed deck (w/steps) only impacts the northweste<1y adjacent prape<ty (n/olf Wil6ams), which again, is
currently vacant.
Consequently, in that these structures are common residential appurtenances within this neighborhood and are nearly
undetectable by surrounding properties, we do not anticipate any detriment to the surrounding neighborhood in the
granting of this variance request.
(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 appficant cannot achieve the project goals without requesting variance re6ef in that the current improvements
thereon (Le., dwelfing, porch, deck) are pre-existing/non-conforming with respect to required zoning and environmental
sfructural setbacks, creating 0 sifuafion whe<e potenfiolly any furthe< improvement within this property will result in some
form of non-conformity requiring variance relief. Consequently. the benefit sought by the applicant cannot be
achieved without the request in variance relief.
(3) The amount of relief requested is not substantial because:
No, with respect to the reief requested for the construction of the proposed wood deck sifuated at 0 minimum of 30'
from the existing bulkhead. please note that surrounding properties exhibit attendant structures (Le., decks) situated
similarly, if not closer (Le., the decking within the Gaipa prope<ly), to attendant buikheads the<eon. Consequently, we
do not be6eve that this variance can be considered substantial in light of the existing conditions within the surrounding
neighborhood.
With respect to the reief requested for the construction of the proposed cove<ed deck (w/sfeps), the variance amaunts
to only 14.3 % of the required setback thereon. Consequently, we also do not believe that this variance can be deemed
substantial.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because:
The proposed variance relief, if granted. will not result in any form of adverse environmental impact to the surrounding
neighborhood in that the proposals (Le.. cove<ed deck, wood deck) ore to be sifuated within 0 substantially imprOVed
residential lot which has existed harmoniously within this waterfront area for years without resulting in any form of adverse
impact to the immediate area, physical and/or environmental. AdditionaUy, review of the attached aerial map
indicates 0 medium-density neighborhood comprised of similarly improved lots exhibiting sfructures sifuated close< to
both bulkheads and/or property boundaries, and which have not resulted in any form of adverse impacts to the area.
(5) Has the variance been self created? ( ) Yes, or ( X ) No. If not, is the construction
existing, as built? ( ) Yes, or ( X ) No.
NO. The hardship derives from both the pre-existing/non-conforming nature of the k:>t and the existing improvements
the<eon, os well os the proximity of the wetlands boundary along the shore6ne of Marion Lake to the northeast. the
pklcement of potentially any improvement within this property would create some form of non-conformity thereon.
Consequently. we do not believe that the variance is self created.
(6) Additional infonnation about the surrounding topography and building areas that relate to
the difficulty in meeting the code requirements: (altach extra sheet as needed)
Again, due to the pre-existing/non-conforming nature of the lot and the existing improvements thereon, as wel as the
proximity of the wetlands boundary along the shore6ne of Marion Lake, placement of potentially any new improvement
thereon would create some form of non-conformity.
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDAR98. (Please consult your attorney.) othelWl~.se lea~roceed to the sianature and
notary area below. /1 .
~1~ . bil A.A-<<~
.4/~ Signature of ppellant or Authorized Agent
me this ;,co. (Agent must submit Authorization from Owner)
,~.
Notary Public)
Matthew D. Ivans
Notary Pubiic 01 New York
No. 011V6053859
Qualified in Suffolk County
Commission Expires January 22, 2011
ZBA App 9130102
Page 2 of 3 - Appeal Application
. .
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
Hand Delivered
1Pa~((;;~n'\iJrel!)
~ .
April 4, 2008
Zoning Board of Appeals
Southold Town Hall
P.O. Box 1179
Southold, NY 11971
APR 4 7008
BOARD OF APPEALS
Re:
Situate:
SCTM #:
KENIN Application
420 Lake View Drive; East Marion; Town of South old, NY
1000-0:11 -09-011
Dear Board Members,
As per your request concerning the above referenced application, please find attached:
(I) Project Description concerning subject application, indicating for the
proposed covered deck and steps along the northwestern side of the existing
dwelling (eight [8J copies);
(2) Architectural Plans, prepared by METZ DESIGN., last dated January 12,
2007, indicating the project specifications (four [4J sets); and
(3) Check made payable to the Town of South old in the amount of$ 150.00
to cover the requisite application fee.
As discussed, we formally withdraw our variance request for the proposed rear deck in that
Marion Lake is a freshwater body and is not subject to ~ 100-239.48. Consequently, we do not
require variance relief for this portion of the project, only for the covered deck and steps. By
way of this correspondence, and on behalf of Mr. Kenin, kindly arrange for this matter to be
heard before the next available Zoning Board of Appeals meeting. Should you have any
questions concerning this matter, please contact this office at any time. Thank you as always
for your attention and consideration.
Sincerely,
Matt D. Ivans
attachment
cc: M. Kenin
.
. .
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
March S 1, 2008
Zoning Board of Appeals
Southold Town Hall
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM #:
KENIN Property
4020 Lake View Drive; East Marion; Town of South old, NY
1000 - OSI - 09 - 011
Dear Board Members,
This Firm represents Mr. Michael Kenin, owner of the property referenced above, who
is seeking all required regulatory approval to improve thereon, including approval from
your Board for relief from Article XXIII 9 1OQ-2S9.4B ("All buildings or structures located
on lots upon which a bulkhead...exists & which are adjacent to tidal water bodies other than
sounds shall be set back not less than 75' from the bulkhead.") and Article XXIII 9 280-124
("...non-coriforming lots, measuring less than 20,000 sq. ft., require a minimum front yard
setback 0/35' "). Consequently, please find enclosed:
(1) Town of South old Building Department Notice of Disapproval
(original and seven [7J copies);
(2) Town of South old Zoning Board of Appeals Application (original
and seven [7J copies);
(3) Owner's Endorsement (original and seven [7J copies);
(40) Short Environmental Assessment Form (original and seven [7J
copies);
(5) Town of South old Local Waterfront Revitalization Program
Application (original and seven [7J copies);
(6) Survey of subject property, prepared by JOHN C. EHLERS LAND
SURVEYOR, indicating the existing and proposed conditions thereon,
last dated March 1,2008 (eight [8J prints);
(7) Architectural Plans, prepared by METZ DESIGN., last dated January 12,
2007, indicating the project specifications (five [5J sets);
.
.
(8) Photographs of subject property, indicating the current conditions
thereon (eight [8J sets);
(9) Aerial Photograph of subject property, indicating the conditions of
thereon, including the rendering of the proposed improvements (eight
[8J copies);
(10) Town of South old Board of Trustees Permit Amendment (No. 6127),
dated October 17,2007, concerning subject project (eight [8J copies);
(11) New York State Department of Environmental Conservation Freshwater
Wetlands Permit (No. 1-+7S8-oS574/00(01), dated November 15,2007
(eight [8J copies);
(12) Deed of subject property (eight [8J copies);
(IS) Property Cards with respect to subject property (eight [8J copies); and
(14) Check made payable to the Town of South old to cover
the requisite application fee.
By way of this correspondence, and on behalf of Mr. Kenin, kindly review the attached
materials and schedule for the next available Zoning Board of Appeals meeting at your
earliest opportunity. Should you have any questions concerning this matter, please feel
free to contact this office at any time. Thank you as always for your attention and
consideration.
Sincerely,
Matt D. Ivans
ene,
cc: M. Kenin
.
.
OWNER'S ENDORSEMENT
F?1E(clE.U~W.1t)
(TO BE SIGNED IF APPLICANT IS NOT OWN )
APR 1 2003
tr
BOA~D' Of APPEALS
STATE OF NEW YORK)
COUNTY OF NEW YORK) 55:
I, Michael Kenin. being duly sworn, deposes and says; I reside at 200 East End Avenue
- Apt. 10M: New York. NY 10128. In the County of New York and the state of New
York. and I am the (owner in fee) (officer of the Corporation which is owner in fee) of
the premises described in the foregoing application and that I have authorized
Suffolk Environmental Consulting, Inc.
to make the foregoing application as described herein.
~/~
Signature
Signature
H Corporation, name of corporation and Officer
Officer's Title
---
...
. ~~":4_"'_-:-,.'~._ _.......~.._._... .. ..........~'._.~'..~,.......'_._..
PAUL ORlOl . 1
. blic State or New Yon ! ;
Qu.1if in Bronx Coullly I
o S05Q069 : ,
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; ;TO\\'~ OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL .
SOUTBOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.netlSoutholdl PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey X
Ch~k X
Septic Fonn
N.Y.S.D.E.C.
Trustees
Contact:
Mail to: Suft'olk Eaviron. CODIUltin2. IDe.
P.O Box 2003' Brid.ehamoton. NY 11932
Phone: (631) 537 - 5160
Examined . 20
Approved . 20_
Disapproved alc~lq: tV
Expiration .20_
'( 4
Building Inspector
APPUCATION FOR BUILDING PERMIT
Date~
INSTRUCTIONS
~ 20rt
a. This application MUST he completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot pI.. to scale. Fee acoording to schedule.
b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application. the Building Inspector will issue a Building Permit to the applicant Such a permit
shall be kept on the premises available fur 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
. Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issu..ce
or has not been completed within 18 months :from such date. If no zoning amendments or other regulations affecting the property have
been enacted in the interim, the Building Inspector may authorize, In writing, the extension of the permit for an addition six months.
Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department fur the issuance of. Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New Yark. and other applicable LaWS~Or: inances or
Regulations, for the construction ofbuildinp, additions, or alterations or for remov demOlition.. Is herett'n.. c "bed. The applicant
agrees to comply with all applicable laws, ordinances., building code, housing cod , regulation"; and to. . authorized
inspectors on premises and in building for necessary inspections.,' ,/
, I L---- ------~
(Signature of applicant or name, if a corporation)
P.O. Box 2003' Bridlrehamoton NY 11932
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises
AGENT
MICHAEL KENIN
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name andotIe of corponlle officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
I. Location oflaad on which proposed work wiU be done:
420
House Number
T Jtlce View Drive Terrace
Street
East Marion
Hamlet
County Tax Map No. 1000 Section 031 Block 09
Subdivision N/A Filed Map No N/A
(Name)
Lot Oil
Lot N/A
.. ''1:
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy Residential: Simrle-Familv DwelliD(~ & related aoourtenanteS
b. Intended use and occupancy Same as "Existing" with orooosed side covered deck: Drooosed rear wood
deck. DroDosed rear stone Datio Drooosed oemola (wlbenchest Existimz rear deck/steDs to be removed.
3. Nature of work (check which applicable): New Buildine:
Repair Removal Demolition
x
Addition
Other Work
x
AIteration~
(Description)
4. Estimated Cost
$25000,"
Fee
5. If dwelling, number of dwelling units
If garage, number of cars
N/A
N/A
(To be paid on filing this application)
Number of dwelling units on each floor Nt A
6. If business, commercial or mixed occupancy, specifY nature and extent of each type of use.
N/A
7. Dimensions of existing structures, ifany: Front 61.4':1:: Rear 61.4':1:.
Height < 32' Number of stories One (1) stOry
Dimensions of same structure with alterations or additions: Front 65' .:i: (inc. decklsteos)
Depth 59' .:i:(mc rearoatio) Height < 32' Number of Stories
Depth 43' '"
Rear 65'.:l: (inc. deck/stens)
One (1)
8. Dimensions of entire new construction: Front Please refer to survey Rear Plea.~ refer to survev Depth Please refer to survev
Height N/A Number of stories N/A
9. Size of lot: Front lOO':I::
Rear 116.13'
Depth 191.lTHmax.)
10. Date of Purchase
N/A
Name of Fonner Owner
N/A
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO_
13. Will lot be re-graded? YES_NO..lL Will excess fill be removed from premises? YES_NO ~
14, Names of Owner of premises MICHAEL KENIN Address 1236 Park Ave.' NY NY 10128
Name of Architect N/A Address N/A
Name of Con tractor N/A Address
Phone No. (212) 369 - 3007
Phone No N/A
Phone No.
15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YESlLNO_
. IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? " YESL NO_
. IF YES, D.E.e. 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 sUlVey.
STATE OF NEW YORK)
COUNTY OF SUFFOLK
SS:
BRUCE A. ANDERSON - Suffolk Environmental ConsuhinlL Ine. being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract)
above named,
(S)He is the
AGENT
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work: and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
2007
~J iL-
Signature of Applicant
Matthew D. Ivans
Notary Public of New York
No. 011V6053859
. Qualified in Suffolk County
Commission Expires January 22, 20',
.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
.
MAlUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTH OLD
MEMORANDUM
To: Gerard Goehringer, Chair
Members ofthe Zoning Board of Appeals
From: Mark Terry, Principal Planner ~
L WRP Coordinator ~
Date: April 23, 2008
Re: Request for a Variance Michael Kenin
ZBA# 6153
~ 'J~)
~,'~ JP
~~:v ~/t
l& . ~/}
MICHAEL KENIN - ZBA #6153. Request for a Variance under Section 280-124, based
on the Building Inspector's March 10, 2008 Notice of Disapproval concerning proposed
additions to the existing single-family dwelling at less than the code-required 35 ft.
minimum front yard setback, at 420 Lake View Drive, at Marion Lake, East Marion;
CTM 31-9-11 .
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review
of the Town of South old Town Code and the Local Waterfront Revitalization Program
(L WRP) Policy Standards. Based upon the information provided on the L WRP
Consistency Assessment Form submitted to this department, as well as the records
available to me, it is my recommendation that the proposed action is EXEMPT from
L WRP review pursuant to ~ 268-3. Definitions, item F. which states:
F. Granting of individual setback, lot line and lot area variances, except in relation to a
regulated natural feature or a bulkhead or other shoreline defense structure or any
activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006J
Please contact me with any questions.
by-'6--~
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.
COUNTY OF SUFFOLK
(i
lPd~lC~~%,,~iD)
APR 2 3 2007
BOARD OF APPEALS
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
April 17, 2008
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
Aoolicant(s)
Municioal File Number(s)
Turnbull
Kenin
Traendly'
Conklin
Scourakis
6152
6153 .
6154
6155
6157
'The number and degree of variances sought may warrant a denial of the application.
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R. Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
.
(631)853-5191
TELECOPIER 1631) 853-4044
.
'~...'
.
i.
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
To: James King, President
Town of South old Board of Trustees
From: Mark Terry, Principal Planner ~
L WRP Coordinator
Date: September 4, 2007
Re: Request for Wetland Permit for Michael Kenin
SCTM# 31-9-11
MICHAEL KENIN requests an Amendment to Permit #6127 to construct a 9'X 13'
covered deck and steps on the northern side of the existing dwelling; 9'X 28' wood deck
and steps with associated planter on the eastern side ofthe dwelling; 13'X 24' semi-
circular stone patio on eastern side of dwelling; and 12'X 12' pergola with benches and
associated planter on eastern side of the dwelling. Located: 420 Lakeview Tenace, East
Marion SCTM#31-9-11
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
(L WRP) Policy Standards. Based upon the information provided on the L WRP
Consistency Assessment Form submitted to this department, as well as the records
available to me, it is my recommendation that the proposed action is INCONSISTENT
with the denoted following Policy Standards and therefore is INCONSISTENT with
the LWRP.
Policy 6. Protect and restore the qnality and function of the Town of South old
ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town
Board of Trustees laws and regulations for all Andros Patent and other
lands under their jurisdiction
.
'.
.
.
I. Comply with Trustee regulations and recommendations as set forth
in Trustee permit conditions.
The distance to the proposed stone patio from the freshwater wetland
boundary is 27 feet; the distance to the proposed covered deck and steps
from the freshwater wetland boundary is 52 feet; the distance from the
proposed pergola and planter from the freshwater wetland boundary is
57 feet; a minimum setback distance of 100 feet from the wetland line is
required pursuant to Chapter 275-3.Findings; purpose; iurisdiction;
setbacks. Please require that the applicant amend the application to meet
the above policv to the greatest extent practical.
If the action is approved and to further Policv 5: Protect and Improve Water qualitv
in the Town of Southold:
1. Establish a non-disturbance buffer landward of the wetland
boundary to protect the water quality of the lake.
2. Require hay bales during construction.
3. Require gutters to drvwells on the house and additions to contain
roof runoff.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
MT/hkc
.
.
.
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
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,V ~JI(2..Y
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r,fCOUN'N,\\~
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
1Rl~~~~\1~iQ)
October 17, 2007
Mr. William J. Lohn
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932-2003
APR 1
-I:::b--tP/,j3
BOARD OF APPEALS
RE: MICHAEL KENIN
420 LAKEVIEW TERRACE, EAST MARION
SCTM# 31-9-11
Dear Mr. Lohn:
The following action was taken by the South old Town Board of Trustees at their Regular
Meeting held on Wednesday, October 17, 2007:
RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to
Permit #6127 to construct a 9' x 13' covered deck and steps on the northern side of the
existing dwelling; 9' x 28' wood deck and steps with associated planter on the eastern
side of the dwelling; 13' x 24' semi-circular stone patio on eastern side of dwelling; and
12' x 12' pergola with benches and associated planter on eastern side of the dwelling,
with the condition of the installation of drywells and gutters to contain roof runoff and in
accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked
hay bales to be installed prior to construction, and as depicted on the revised survey
prepared by John C. Ehlers Land Surveyor, last revised October 25,2007, received on
October 31,2007.
Any other activity within 100' of the wetland boundary requires a permit from this office.
This is not a determination from any other agency.
If you have any questions, please call our office at (631) 765-1892.
Sincerely,
(k.~ ~ &
~~~~s F, King;
President, Board of Trustees
JFK:eac
SURVEY OF PROPERTY
SllUATE, EAST MARION
TOl^lN, SOUTHOLD
SUFFOLK COUNTY, NY
aRv'El'ED 05-16-2001
REVISED 10-22-2001, 10-25-2001
5lJFFOLK COlJNT'( TAX #
IOOO-51-Q-t1
c.ERllFIED TO.
MIc.HAEL KENIN
APPROVED BY
GOARD OF TRUSTEES
TOWN OF SOUTHOLD
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AREA " 16J65 SF OR 0.31 AC..RE5
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JOHN C. EHLERS LAND SURVEYOR
6BASTMAlNS11UmI' N.Y.s. LIC. NO. 50202
RIVERHEAD,N.Y.11901
369-8288 Fax 369-8287 REF.-TIGER\PR0S\99-202
APR I
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~/r53
BOARD OF APPEALS
NEW YORK STATePARTMENT OF ENVIRONMENTAL CONSER.N
DEC PERMIT NUMBER
1-4738-03574/00001
FACILITY/PROGRAM NUMBER(S)
.
PERMIT
EFFECTIVE DATE
November 15, 2007
EXPIRATION DATE(S)
Under the Environmental
Conservation Law
November 14, 2017
TYPE OF PERMIT. New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate
o Article 15, Title 5: Protection of Waters
o Article 15, Title 15: Water Supply
o Article 15, Title 15: Water Transport
o Article 15, Title 15: Long Island Welis
o Article 15, Title 27: Wild, Scenic and
Recreational Rivers
o 6NYCRR 608: Water Quality Certification
PERMIT ISSUED TO
Michael & Kim Kenin
ADDRESS OF PERMITTEE
o Article 17, Titles 7,8: SPDES
o Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
o Article 19: Air Poliution Control
o Article 23, Title 27: Mined Land
Reclamation
o Article 34: Coastal Erosion
Management
o Article 36: Floodplain Management
. Article 24: Freshwater Wetlands
o Article 25: Tidal Wetlands
o Articles 1, 3,17,19, 27,37; 6NYCRR
380: Radiation Control
o Article 27, Title 7; 6NYCRR 360:
Solid Waste Mana ement
TELEPHONE NUMBER
212 722-5230
1236 Park Ave. New York, NY 10128
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
Suffolk Environmental Consultants P.O. Box 2003, Brid eham ton, NY 11932-2003
NAME AND ADDRESS OF PROJECT/FACILITY
631 537-5160
Kenin Pro e ,420 Lake View Terrace, East Marion
COUNTY TOWN
Suffolk Southold
DESCRIPTION OF AUTHORIZED ACTIVITY:
WETLAND #
NYTM COORDINATES
E: N:
Construct a covered deck/steps, deck with steps/planter, stone patio, pergola with benches and fixed dock,
All work is to be done in accordance with NYSDEC plans stamped approved on 11/15/07 and prepared by
John C. Ehlers Land Surveyor on 10/25/07.
~~cg~~'0'~1Ql
APR I
~.~~
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this
ermi!.
DEPUTY PERMIT ADMINISTRATOR: ADDRESS
Region 1 Headquarters
SUNY Ston Brook, 50 Circle Road, Ston Brook, NY 11790 - 3409
DATE
November 15, 2007
Pa e 1 of 4
NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATIO
SPECIAL CONDITIONS
1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of
clearing and ground disturbance shown on the approved plan.
2. Any demolition debris, including excess construction materials and or excess excavated materials, shall
be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by
the close of business on the day such material was generated.
3. Heavy equipment, including bulldozers, backhoes, payloaders, etc., shall not be operated in the wetland.
Dock must be installed with hand tools only.
4. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked
end to end as shown on the approved plans. The bales shall be maintained, repaired and replaced as often
as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments
trapped by the bales shall be removed to an approved upland location before the bales themselves are
removed.
5. Straw bales shall be recessed two to four inches into the ground at all times.
6. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag,
flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree
or landscape debris, and metal objects.
7. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the
regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage
of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained
and located greater than 100 feet landward of the regulated wetland or waterbody at all times. If this
requirement cannot be met by the permittee, then the storage areas must be designed to completely contain
any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to
placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody.
8. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass
and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or
by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative
cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and
final seeding shall be performed as soon as weather conditions favor germination and growth.
9. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated
areas larger than one (1) square foot in size.
10. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property
where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective
date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted
deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted
within 90 days of the effective date of this permitto: NYSDEC, Bureau of Habitat Regional Manager, SUNY
@ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409
DEe PERMIT NUMBER
1-4738-03574/00001
PAGE 2 of 4
NEW YORK 5
DEPARTMENT OF ENVIRONMENTAL CONSERVATIO
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608
(FRESHWATER WETLANDS)
1. If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare ofthe people
of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of
the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to
such extent and in such time and manner as the Department of Environmental Conservation may require, remove
all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood
capacity ofthe watercourse. No claim shall be made againstthe State of New York on account of any such removal
or alteration.
2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized
which may be caused by or result from future operations undertaken by the State for the conservation or
improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such
damage.
3. All necessary precautions shall betaken to preclude contamination of any wetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway,
or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.
5. There shall be no unreasonable interference with navigation by the work herein authorized.
6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore
the site to its former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301 , 302, 303,
306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met.
8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by John C. Ehlers Land Survevor on 10/25/07.
OEC PERMIT NUMBER
1-4738-03574/00001
PAGE 3 of 4
NEW YORK OEPARTMENT OF ENVIRONMENTAL CONSERVATI
NOTIFIC ON OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of
Environmental Conservation ofthe State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions,
and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the
facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit.
This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil
Practice laws and Rules or any citizen suit or civil rights provision under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to
comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities,
and such persons shall be subject to the same sanctions for violations of the Environmental Conservation law as those prescribed for
the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required
to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order
to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or
vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized
representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying
with this permit and the ECl. Such representative may order the work suspended pursuant to ECl 71-0301 and SAPA 401 (3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when
requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the
Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department
representative is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or
determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or
determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such
application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted
by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste
Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds
for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope ofthe project as described in the permit application;
d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable
law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders ofthe commissioner, any provisions ofthe Environmental
Conservation law or regulations of the Department related to the permitted activity.
OEC PERMIT NUMBER
1-4738-03574/00001
PAGE40f 4
SURVEY OF PROPERTY
SllVATE. EAST MARION
TOJl'lN. SOllTHOI...D
5UFFOLK COUNTY, NY
~ 05-16-2001
REVISED 10-22-2001, 10-25-2001
5lffOLK c.c;u.ny TAX #
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c.ERTIFIED TO,
Mlc.HAEI... KENIN
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.
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JOHN C. EHLERS LAND SURVEYOR
6BASTMAINS'I'RFEI' N.Y.S.LIC.NO.S02Q2
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.-TIGER\PR0S\99-202
.
.
PROJECT DESCRIPTION
for the
KENIN Application
Situate: 420 Lakeview Terrace; East Marion; Town of Southold, NY
SCTM#: 1000 . 031 . 09 - 011
Applicant proposes to construct a covered deck and
steps along the northwestern side of the existing
dwelling.
The deck will measure 9.0' long x 4.0' wide, and two
(2) sets of steps on either side will measure 2.0' long x
4.0' wide each.
The covered deck is proposed to be situated 30.0' ~
from the front yard property boundary, where 35.0' is
required.
.
.
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
IBW" ,y', " "0,0' r'[1
tL'. 1;-.,:) 'I:.,j '.0 __~ 'u'\1 L~ lt~..l}
1.
APR 1
j $&>/$'3
All applicants for permits. including Town of Southold agencies, s IIrWQ1JilI t~,cG!tf rf~ A LC:;
proposed actions that are subject to the Town of South old Waterfront C!Oh!lts\ klt!View-'r.aw:'rlIls
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.
A.
INSTRUCTIONS
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).
3. Ifany question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the L WRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the L WRP 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 L WRP 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#
31
09
11
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0
(for ZONING BOARD of APPEALS)
1. Category of Town of South old agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
o
o
fZI
(b)
Financial assistance (e.g. grant, loan, subsidy)
(c)
Permit, approval, license, certification:
Nature and extent of action:
The aoolicant oroooses to construct a 9' x 13' covered deck and steos on the northwestern
side of the existina dwellina and a 28' x 9' wood deck and steos with associated olanter on
the northeastern side of the existina dwellina.
Location of action:
420 L!.iew Terrace: East Marion: Town of S!tOld
Site acreage:
0.37 acre %
Present land use:
residential
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: Michael Kenln
(b) Mailingaddress: 1236 Park Avenue
New York. NY 10128
(c) Telephone number: Area Code (212) 722 - 5290
(d) Application number, ifany: N/A
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yesl:3J NoD
If yes, which state or federal agency? NYSDEC
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 beneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
~ Yes 0 No 0 Not Applicable
Subiect proposal is consistent with the policy in that said proposal is simply an improvement of the existing dwelling
on the lot, in an area that has been previously disturbed by similar appurtenances (e.g. the previously existing terrace
and pool). In addition, the proposed improvements will not substantially alter the dwelling or the site, which has
existed harmoniously with the neighborhood for many years. Accordingly, we believe that this project is consistent
with this policy.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources ofthe Town of Southold. See
L WRP Section III - Policies Pages 3 through 6 for evaluation criteria
DYes 0 No ~ Not Applicable
Policy 2 is not applicable in that subiect lot and the surrounding neighborhood cannot be deemed a substantial historic
and/or archaeological resource.
Attach additional sheets if necessary
. . .
Policy 3. Enhance visual quality and protect scenic resources throughourlhe Town of South old. See
L WRP Section m - Policies Pages 5 through 7 for evaluation criteria
8l Yes D No D Not Applicable
Subiect proposal will not adversely impact the visual Quality of the surrounding area in that the proposed
improvements will not substantially alter the appearance of the eXisting dwelling, which has existed harmoniously
with the neighborhood character for many years with previously existing related appurtenances. Scenic resources,
assumedly views of Marion Lake, are not at risk due to the fact that there is an existing dwelling at subject parcel and
the proposed improvements will not result in further obstruction of said views by the structure. Accordingly, this
proposal will comply with Policy 3.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resourees from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
8l Yes D No D Not Applicable
Subject proposal will fully comply with Policy 4 in that the proposed construction will in no way alter the situate
wetlands or shoreline. The existing dwelling has not been threatened by flooding or damage from erosion.
Accordingly, this proposal will comply with Policy 4.
Attach additional sheets ifnecessary
Policy 5. Protect and improve water quality and supply in the Town of South old. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
D Yes D No 8l Not Applicable
Policy 5 is not applicable in that it will have no effect to the water Quality/supply within the surrounding area.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section ill - Policies; Pages 22
through 32 for evaluation criteria
8l Yes D No D Not Applicable
Subject proposal will maintain the Quality of the surrounding ecosystem in that the existing dwelling has been
located at subject parcel for years without adversely affecting the surrounding ecosystem. In addition, the previously
approved and constructed appurtenances resulted in no adverse effects to the situate ecosystem. Accordingly, this
proposal will comply with Policy 6.
Attach additional sheets ifnecessary
. . .
Policy 7. Protect and improve air quality in the Town of South old. See LW'RP Section III - Policies
Pages 32 through 34 for evaluation criteria
D Yes D No ~ Not Applicable
Policy 7 is not applicable in that the proposal is simply to improve upon an existing dwelling which will not result in
any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy.
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
D Yes D No ~ Not Applicable
This policy is not applicable in that the proposal does not involve disposal and/or transportation of solid waste,
hazardous waste, toxic pollutants, petroleum products.
Attach additional sheets if necessary
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources ofthe Town of South old. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria
DYes 0 No ~ Not Applicable
Policy 9 is not applicable in that the proposal is attendant to a private property. Regardless, this project will not
impede any access to the surface waters in and around subject property and/or become detrimental to the recreational
use of the surrounding resources.
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in
suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria
D Yes D No ~ Not Applicable
Policy 10 is not applicable in that the proposal is simply to improve upon an existing dwelling which is not, and will
not affect a water dependent use.
Attach additional sheets if necessary
Poliq 11. Promote sustainable use oting marine resources in Long Island S!d, the Peconic
Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria
o Yes 0 No ~ Not Applicable
Policy 11 is not applicable in that the proposal does not involve any form of marine resource manallement (i.e.
commercial fisheries, recreational fisheries, aquaculture, etc...).
Attach additional sheets if necessary
Poliq 12. Protect agricultural lands in the Town of Southold. See L WRP Section 111- Policies; Pages
62 through 65 for evaluation criteria.
o Yes 0 No ~ Not Applicable
Policy 12 is not applicable in that the proposal does not involve allriculturallands (i.e. the conversion of farmland, the
establishment and/or maintenance of new coastal allricultural production, etc...)
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section m - Policies; Pages 65 through 68 for evaluation criteria.
o Yes 0 No ~ Not Applicable
Policy 13 is not applicable in that the proposal does not involve the conservation of enerllY resources on a commercial
level and/or the promotion of alternative enerllY sources, proper maintenance of fuel storaj!e facilities and/or the
extraction of mineral extraction
Attach additional sheets if necessary
.
m:~; [~['0' [E; [Q)
14-16-4 (9/95)-Text 12
I PROJECT 1.0. NUMBER
617.20
] Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT F
For UNUSTED ACTIONS Only
. APi; 1 _SEQR
I ~4>/~
~MARD OF APPEALS
PART 1- PROJECT INFORMATION
1. APPLICANT/SPONSOR
Suffolk Environmental Consulting, Inc.
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map)
420 Lake View Terrace; East Marion; Town of South old, New York (SCTM #: 1000 - 031 - 09 - 011)
5. IS PROPOSED ACTION:
181 New 0 Ex ansion
6. DESCRIBE PROJECT BRIEFLY:
D Modification/alteration
Applicant requests to construct a covered deck (w/steps), wood deck (w/steps & planter), stone patio and pergola with benches. Please note that
onl the ro sed covered deck and wood deck are sub'eel of the attached Zonin Board of A Is a licatian.
7. AMOUNT OF LAND EFFECTED:
Initiall < 0.1 acres Ultimatel < 0.1 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
o Yes 181 No If No. describe briefly
No. The proposed wood deck is non-conforming pursuant to Article XXIII !j100-239.4B (30' setback where 75' setback is
required from the existing bulkhead), the proposed covered deck is non-conforming pursuant to Article XXIII !j280-124 (30'
setback where 35' setback is required from the front yard).
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
I8IResidential Olndustrial OCommercial OAgriculture
Describe:
OParlUForesVOpenspace
OOth"'
Private single family residences with related appurtenances.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT
AGENCY (FEDERAL, STATE OR LOCAL)?
181 Yes ONo If yes, list agency(s) and permit/approvals
New York State Department of Environmental Conservation (NYSDEC); Town of Southampton Board of Trustees.
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
181 Yes D No If yes. list agency(s) and permit/approvals
NYSDEC Freshwater Wetlands Permit No. 1-4738-03574/00001, issued November 15,2007
Town of South old Board of Trustees Permit Amendment No. 6127,issued October 17,2007.
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
o Yes 181 No
I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE
D. Ivans - Suffolk Environmental Consultin Inc. Date:
March 25. 2008
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the Coastal
Assessment Fonn before proceeding with this assessment
OVER
1
.
.
PART 11- ENVIRONMENTAL ASSESSMENT ITa b. comol.t.d bv Aa.ncv)
A. DOES ACTION EXCEED ANV TYPE I THRESHOLD IN 6 NVCRR, PART 617.12? If yes, coordinate the review process and
us.th. FULL EAF.
o V.. DNa
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NVCRR, PART 617.6? If
No, . neg.tive decl.r.tion m.y b. .uperseded by .noth.r involved .g.ncy.
o V.. 0 No
C. COULD ACTION RESULT IN ANV ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (An.w.rs m.y be
h.ndwritt.n, ~ legibl.)
C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, so~d waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood
charact.r? Expl.in briefly:
C3. Vegetation or fauna, fish, sheltfish or wildlife species, significant habitat, or threatened or endangered species? Explain
briefly:
C4. A community's existing plans or goals as officially adopted. or change in use or intensity of use of land or natural resources?
Expl.in briefly:
C5. Growth, .ub.equ.nt d.velopm.nt, or r.l.t.d .ctiviti.. likely to b. induc.d by th. propo.ed .ction? Expl.in briefly:
C6. Long t.rm, .hort t.rm, cumul.tive, or oth.r effects not id.ntified in Cl-C5? Expl.in briefly:
C7. Oth.r imp.cts (Including ch.ng.. in u.. of eith.r qu.ntity or type of .n.rgy)? Expl.in briefly:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
Dv.. DNa
D. IS THERE, OR IS THERE UKEL V TO BE, CONTROVERSV RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
o V.. DNa If Y.S, .xpl.in briefly
PART 11I- DETERMINATION OF SIGNIFICANCE (To b. complet.d by Ag.ncy)
INSTRUCTIONS: For ..ch .dvers. effect id.ntified .bov., det.rmin. wh.th.r ~ is .ub.t.nti.l, I.rg., import.nt, or oth.rwi.. .ignific.nl.
Each effect .hould b. ..s....d In conn.ction w~h its (.) .etting (i... urb.n or rur.I); (b) prob.bility of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
.xpl.n.tions contain .ufficient d.t.i1 to .how th.t .11 r.l.vant .dv.rs. imp.cts h.v. been id.ntified .nd .dequ.t.ly .ddr....d. If qu..tion D
of P.rt II was check.d y.., th. det.rmin.tion .nd .ignificanc. mu.t .valu.t. the pot.nti.1 impact of the propo..d .ction on the
environmental characteristics of the CEA.
l;J 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 EAF and/or prepare a positive declaration.
o Check this box if 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:
Name of Lead Agency
Print or Type Name of Responsible Officer
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency
Signature of Pre parer (if different From responsible officer)
Date
2
.
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 II 79
Southold, New York II971
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:
April 9, 2008
RE:
Zoning Appeal No.
6153
Transmitted herewith is Zoning Appeals No. 6153 oeMichael & Kim Giambruni-Kenin- the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter
from Suffolk Environmental Consulting, Inc. Listing the following: 2 Notice of Disapprovals,
Owner's Endorsement from Michael Kenin to Suffolk Environmental Consulting, Inc. to
represent them in this matter, Short Environmental Assessment Form, LWRP Consistency
Assessment Form, Project Description, Letter from Suffolk Environmental Consulting, Inc.
concerning the variance request, Letter from Mark Terry, Principal Planner to James King,
President of Trustees, Letter of Action from Board of Town Trustees, DEC Permit #1-4738-
03574/00001, Copy of Deed Between Arif & Hina Hussain and Michael Kenin & Kim
Giambruni-Kenin, 5 Photos of Property, Aerial Photograph of Property, Copy of Property
Record Card, 2 Pages of Plans View & Elevations of Proposed Deck, Porch & Patio by Metz
Design, Survey from John C. Ehlers Land Surveyor.
.wn Of Southold
P.O Box 1179
Southold, NY 11971
.
* * * RECEIPT * * *
Date: 04/08/08
Receipt#:
Transaction(s):
Reference
1
1
Application Fees
6153
Check#: 10347
Total Paid:
Name: Suffolk, Environmental Consulting
Bruce Anderson
POBox 2003
BridQehamDton. NY 11932
Clerk 10: CAROLH
15191
Subtotal
$150.00
$150.00
InternallD: 6153
.
.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 41 04 108
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
Kt:\.tIVfD
6153 KENIN, Michael 10347 $150.00 API ..
Sou/hold Town "er.
$150.00
By~
Thank you.
.
.
USPS Mailing Address:
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
PO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 24, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. APRIL 24. 2008:
10:55 A.M. MICHAEL KENIN - ZBA #6153. Request for a Variance under Section 280-124,
based on the Building Inspector's March 10, 2008 Notice of Disapproval concerning proposed
additions to the existing single-family dwelling at less than the code-required 35 ft. minimum
front yard setback, at 420 Lake View Drive, at Marion Lake, East Marion; CTM 31-9-11 .
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: April 3, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
/- II -Illes IU"";'" ~.Lh)
L etJk") C 'T-- U
#8782
~L~
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 J.. week(s), successively, commencing on the
10th day of April. 2008.
~~
Principal Clerk
Sworn to before me this
1 I
day of
fl0J7
2008
GUt /'0+AD. LVk.MCv[l
CHRISTINA VOLlHSKI
NOTARY PU8L1C-STAlE OF NEW YORK
No. 01-V061 0&050
Qualified In Suffolk county
My Commlll1on bpll.' ,.tKuary 28. 2012
_.---,:~'-="_.
.
-
#6143. Request for a Variance under
Scction 280.122,baseJlthe Building
Inspector's January Notlce of
DisapprovalandZB Interprcta-
tion #5039 (Walz) conc mgproposed
lldditionsandalterationstoanexisting
single-family dwelling which will result
in an increllse in the degree of the exist-
ingfront)'ardsethacknonconformance,
at less than 50 feet, Location of Prop-
erty: 90 Sterling Road,Cutchogue;CfM
104-4-4.L
9:40 A.M. CHRISTOPHER and EV-
ELYNCONKIIN - ZSA #6155, Request
for a Variance under Section 280-l16B
based 011 the Building Inspector's Apri!
2,2008 Notice of Disapproval concern-
ing proposed additions and alterations
to the existing dwelling which will be Icss
than 75 feet from the bulkhead,at 340U
Ole Jule Lane at James Creek (dredged
canal), Mattituck; CfM 1000.122-4-20.1
9:50 A.M, JOHN VAN GFI DER -
ZBA #6148. Request for a Variance un-
der Section 280-124,based on the Build-
ing Inspector's January 16,2008 Notice
of Disapproval concerning a proposed
new dwelling, after demolition of the ex-
istingbuilding,withfrontyardsetbacb
atlessthanthecode-requircd35fcct
Location of Property: 10 Hickory Road
and Cheslnut Road, Southold: CTlvl
54-6-14.
lO:05A.M. DONALD HOHN - ZBA
#6149. Request for Variances under Sec-
tions280-15 and 280.124,based on the
Building Inspector's March 17, 2008
amended Notice of Disapproval con-
cerning a proposed new dwelling and ac-
eessory sbed structure for the following:
(a) the new construction wil1 exceed the
code limitation of 20% for lot coverage;
(b) the new dwelling is proposed at less
than 35 feet from the front yard lot line;
(c) the proposed shed will be in a side
yard rather than the code_required rear
yard,al945 East Gillette Drive,East
Marion; crM 38-3-2.
10:20 A.M. JAMES MESKOURIS -
ZBA #6142 Request for a Variance un.
der Seclion 280_124,based on the Build-
ing Inspector's March 25,2008 amended
Notice of Disapproval concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will result in a lot
covemge exceeding the code limitation.
Location of Property: 1350 Sound Beach
Drive, Mattituck; crM: 106-1-36.1 (for.
merly36).
10:40 A.M. CSC! C.ORP. - ZBA
#6146. Request for a Variance under
Section 280.50C, 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-General
Business Zone District, which building
will have frontage greater than 60 linear
feet along the street. Location of Prop-
eIty: 14495 Route 25, Grecnport; CfM
1000-45-4-4.1.
10:55 A.M. MICHAEl KENIN -
ZBA #6153. Request for a Variance un-
der Section 280-124, based on the Build-
ing Inspector's March 10, 2008 Notice
of Disapproval concerning proposed
additions to the existing single-family
dweIling.at.less than the code-required
35 ft. minimum front yard setback,at 420
Lake View Drive, at Marion Lake, East
Marion;crM31-9-11.
11:05 A.M. IIA POlITES and
KFVlN FFRRO ZBA #612~. Location
of Property: 300 Jackson street, New
Suffolk; crM 111-10-2. The Applicants
propose renovations/alteration5. addi.
tions, and expansion of the existing Be-
cessorycottage building and in this Ap-
pcal requesting the following.
l) Reversal (uDder Section 280-122)
or the BuIlding Inspector's November 8,
2G07 Notice ofDisapprol'aI which states
thattbeaa:essorytotiagenseisnoncon-
fOmUDgaad constitutes II second dwell-
Ing unit, citing Sp<:tion ?.&O_l?lA which
provision stak~: Such nonconforminl'.
use of buildings mav he continued
indefmitelvexcenlth~tsuch~
u~e fA) shall not be p.nl~r"ed ill!!'rf&.
eXIp.nded reronsrrllcledmresrored..Q!
pl~r-"rI on a different oorl;on of the lor
or oarr-cl of land. or.cuoied bv such use
on.theeffp.dive date nf this chapter nor
shall anv external evidence of "lch USl;.
be in'creased bv anvmeans whatsoever
and Notil"-c of Disaooroval dtin" Sec-
tion 100 11A whic.horovisioo~tates'''In
A_C. ROO Di~lriets no hnildin" or orcm-
i~sshllllt,.,nsedandnobuildin"oroart
of~ huildingshal1 be erp,ded or ahered
whkhisarran"erl inlenderlordesil'ned
10 be "sp,d in whole or in oart for anV
uses p....cent the following' A Permilt~
llSes. One_fJlmilv det~ehp,d dwellinl'S not
IO"XCF-"donedweltin,,(Jneachl~
Z) lBterpretation to deal with this pre-
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY, APRIL 24, 2008
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 oflheTown Law and
Chapter 280 (Zoning), Code of the Town
of Southold, the following public hear-
ings will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
PEALS at the Town Hall, 53095 Main
Road, P.o. Box 1179, Southold, New
York 11911-0959, on THURSDAY
APRO 24 2008:
9:30 A.M. PAIJI FTrF GARA.
zone, applying Code Sectir!!1...llliLl21,
Nonconforming Buildin"s with COIl:
1Qrming Use, which stales: A. Nothin~
in this article shall he deemed tonrevent
the remodelim' reconstruction or en-
lan'ement of a nonronfonnin" l)llildinp
cOlltalOlllg a conforming use orovided
that such ~ction does notcreateanv new
lloncunformance or increase thedel1ree
of nonconformance with repard 10 the
repulations oertaininp to such build-
~_B.Reconstructionofadama2ed
~1)Anonconforminpbuildin2
conlaininp a conforminp usewhicb has
been .-!~Ill11Ped tv fire 0' olher caus"ill
the extenr of mor~ [han ';0% of its f~ir
Yillue shall not he n"naired or ,~built
unl~"s such huildinp is made ,llhstan.
!.iill!Y.Joconformtotheheiphtandvard
n'quirements of tht' Rulk Sch~du1c (2\
Application for a nermil to build_QLr~
:;torerhedama<>edoortionofanvhuild-
inpdamaped ordestroved as <;N fortll
in Suhsection Rill abov~ ~hall he filed
within one v.ear of the date of such dam-
ape and shall be accom[)~nied bv nlans
forreconstrnction which ~s 10 such nor,
tlOn shal\comolvWlththereaulremenls
set forth abo\"~. If such r'~nnit is issucd
it shalllanse one Year lhere~ftcr unle~
reconstruction in accordance,with the
;lj;l.WovedohnsJlasbeeu.initi"ted~
3) Alternatively, Variances hased nn
the Building Inspector's No,'ember 8,
2007 Notice or Disapprol'al under See-
lion 280-UlA and Section lOO.31A,
denied for the reasons Ihat the acce,,-
sorycottage use is nonconronuingand
cons.titlltes a 5econd dvrelllng unit, and
as snch may not be enlarged, altered,
e.tended, reconstrucled or restored or
placed on a different portion of lhe lot...
Dorshallanyenemalevidenceorsnch
nsebelncreasedbYlIRymeanswhatso-
el'erllSascoorlddwellinlunlL
1:10 P.M. K1JRT FRF.IIDF.NRFRG
and JANET I ATHAM - ZBA #6121
(PH held 2128108. Attorney's letter
confirms amendment that withdraws
request for swimming pool. requesting
shed variance. La<:alion of Property'
Lester's Road, a private Right-of-Way
off the east side of West phali a Avenue,
Mattituck:crM114-1-2.1
1:20 P.M. PAIII and MAIJRF.EN
CACIOPPO #6121. Request for a Vari-
ance under Section 280_124,based on
the Building Inspector's December 27.
2007 Notice of Disapproval coneerning
the location of an accessory in_ground
swimming pool, which will exceed the
codclimitation of 20% lot coverage, at
735 Jackson Street, New Suffolk: crM
117-9--6.
1:35 PM. GREG and KARMEN
D,\OOURIAN - ZBA # 6131 Carry-
over from 2128/08. Request forVariances
undeL(1) Section 280-124, and (2) Sec-
hon 280-15. both based on the Building
Inspector's December 28.2007 Nnticeof
Disapproval concerning the location of
a ncw dwelling at less than 40 feet from
the codc-required minimum front yard
setback, and for a swimming pool 10-
cated in a side yard rather than the Code
required front yard or rear yard for this
waterfrOlll parcel, located at 695 Petty's
Drive at Long Island Sound. Orient;
CTMI4-2-23.
The Board of Appeals will hear all
persons, or their representatives, desir-
ing,tobeheardateachhearing,andlor
desmng to sllbmit wntten st~tements
before the conclusion of each hear-
ing. Each hearing will not Slart earlier
than designated abovc. Files are avail-
able for review during rcgul;'\r hnsiness
hoUts ~nd prior 10 the lby of the hC~1
ing.lfyouhavequesliol1s,pleasedonot
hesita\ctowntactourofficc<lt((;31)
765.1809, or by email: Lind~.K"walski@
Town.Soutllold,ny.us
Dated: April 4,2008
ZONING BOARD or APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (MaillngfUSPS)
P.O. Box 1179
SOllthold,NY 11971-0959
871\2-1T4110
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
--..---------------------------------...-----........J{
In the Matter of the Application of
MICHAEL KENIN
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
ClMParcel#IOOO-031.00 '09.00.011.000
----------------------------c---------------_________J{
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
~ DIANE K. WASSICK . _residing at 2322 Main Street; Bridgehampton,
. New York, being duly sworn, depose and say that:
On the 7TH day of_ APRil, 2008 u' I personally mailed at the United States
Post Office in_ Bridgehampton ~ 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 Town of Southold ~ for every
property which abuts and is across a public or priv"e street, or vehicular right-of-way of record,
surrounding the applicant's property.
f(J~~ ;; ~"AJ:I
(SIgnature)
~~ to before me this
,"'-daYOfa~,e(t.- ,2008
~ Matthew O. Ivans
Notary Public of New York
No. 011V6053859
---------- Qualified In Suffolk County
/ (Notary Public) ~mlsslon Expires January 22, 20 } I
PLEASE list, on the back of this Affidavit or on a sheet of paper tbe lot numbers next to the
O\'ffleNllllt1es-and-address.,. nn wbich notices were malll!ll. I nadR you. U ._~~-~==,-,
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(Endorsement Required) $2.15 0
Restricted Oel[very Fee $0.00 0
(Endorsement RequIred) I- II""
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Total Postage & Fees $ $5.21 0
U.S. Postal Service",
CERTIFIED MAIL" RECEIPT
(DOm~stic Mall Only; No Insurance Coverage Provided)
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. Complete IIIms 1, 2, and 3. Also complete
nam 4 W Reslrlcled Delive1y Is desired.
. Print your name and address on the reverse
so that we can retum the card to you.
. Attach this card to the back of the mallp1ece,
or on the front W space permtts.
1. ArIIelo Addrassed to:
$thlA~7t- V Vl'1tL-11tw ~
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~F '. )ER. COMPLETE THIS SECTION
. Complete nams 1, 2, and 3. Also complete
11Im 4 W Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can retum the card to you.
. Attach this card to the back of the mall piece,
or on the front If space permtts.
1. Article Addressed to:
1-1M'1 WlUIIIM,
P. o. ~ Sj.;l-
~~/CI' t4A1//Vf-
. Complete nams 1, 2, and 3. Also complete
11Im 4 W Restricted Delivery Is desired.
. PrInt your name and address on the reverse
so that we can retum the card to you.
. _ch this card to the back of the mallpiece,
or on the front W space permtts.
1. ArtIcle Addrassed to:
~'1'U y../J~ &BIPII-
p. O. .&c cPl{7 .
pw- ~'NI J-'f 11'151
2. Article Number
(Ilan- from sorvtco label)
PS Form 3811, February 2004
3. _ l'ypO
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o Insured Moll D C.O.D.
4. Rostr\Cled Delivery? (Ext18 Foo) D Vo.
oomestic Return Receipt
KbJ/~
102595-02-M-1540 '
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------)(
In the Matter of the Application of
<1\).-1 plY
J11lt~ k-eV\,'Y)
(Name of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- ~\ - '1 -II
-----------------------------------------------------)(
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, S~ tv\. ~"'OY', residingat'2-~2-'Z- ~~\V\ ~4 \ SU\*e.- E:
br .J~vt-\ftOV'- , New York, being duly sworn, depose and say that:
On the l Lt~ day oflipr'.l , 'l/X:!g , I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)-
facing the street or facing each street or right-of-way entrance; * and that
I hereby confinn that the Poster has remained in place for seven days prior to t~!at date of
the subject hearing date, which hearing date was shown to be ~r.\ 2.-'+) -ZOc8
27~~-
(Signature)
Matthew O. Ivans
Notary PubliC of New York
No. 011V6053859
Qualified in Suffolk County
Commission Expires January 22, 20/1
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
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PII..:~.;::':;;~" l1QG.,.RAR,.:r ~I."'~ '16t.J:~~1~1[" !KENINjr~ fl.'I..,1 'il~.m..:.~!.p."P!I.1111 ,:~::'i rty
Situate: 4110 Lakeview Terrace; East Marion; Town fSiluthold, New Yor,k - SCTM #: 1000-081- 09,-011 'ilj !il,!1 "II"' !II'.
tIll/Hil!:. "II 1!.ii/1 :~ 1ItIIjF:~lllr 'ill!; !T~t th -,,:,~m!G ilQt jtl~
,m
it
Aeri~11photograph'fil'i'~di~tit.g the conditrons'!I~~hin the KENIr4'1l property, and the grapt:i~
apptoxflTlationsof th~i"pr6p'p,ed covere~ ~:Orchl r:ea,r deck, rear; ~:~~gq'~ and stone patio. P!i~~A
taken ci'rca',2006. No:r,~cale;"~IIIH'I'1 '" ~ jl~;; ~1'~lllkl"!'I'lflmlli"I:~''''''' :~~~ 'P, '
11 .t.!.1 111m, ,ij_H I!llll j. ~l i;,,;t !h'!~ EI,t 1
" "u!lh! lw! 1m II. : '1'1'; ,l;il't;a;~,,;- ;<1
j!~r~p.!lr~~ b~i SUFFFOLK E~IRO~~~ .'",:AL"S"ONSULTING, INC. ,Ill
fil~lll~ ..'~W.'I[ ,I!~!II' P,O,.BOX 2008; Brldge.h. am.".p.. tor:'j' e~ ,.rorlf,1! 1.1982 - (681) 587 - 5160
D~,te:"II,i "I'I'I'III'! "March ~6, 2008 illl;!U~q . ill I III! ,II~ il inm
a111,~!!, I H "I..' '" ~f; l~llg I ,~lmm n. ~!, .
ffi1."'li.....1 "~I';; '~."!I""
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KENINProperty
Situate: 420 Lake View Terrace; East Marion; Town of South old, NY
SCTM#: 1000 - 031 - 09 - 011
(Ph%s /akell 011 APril 'J, 2007)
Photograph of subject property indicating the existing conditions
thel'eon (Le., single-family residential dwelling). Photograph taken
from the RiglJt-of- Way situated along the southwestern property
boundary, facing nOl.theast.
-
I
Igj~rcll;rn\#m
APFi I 2Cr..s
-d=&/~3
Bt5A~t) OF APPEALS
.
.
.
KENINProperty
Situate: 420 Lake View Terrace; East Marion; Town of South old, NY
SCTM#: 1000 - 031 - 09 - 0] 1
(Photos takell Oil April "'. 2(07)
Photograph of subject property indicating the eXlstmg conditions
thereon (Le., existing bulkhead). Photograph taken from the northern
section of subject property, facing east, overlooking Marion Lake.
!RJrg(C~~~[;[QJ
APR I 2008
-#= tl.j3
BOARD OF APPEALS
.
.
.
KENINProperty
Situate: 420 Lake View Terrace; East Marion; Town of South old, NY
SCTM#: ]000 - 031 - 09 - 0]]
(Photos t<lkell Oil APril.., 2(07)
Photograph of subject property indicating the existing conditions
thereon (Le" rear face of the existing dwelling). Photograph taken
from the northern section of subject property, facing southeast.
fD fe""[rcO" n=1R\
I.rc tr-=~ ~'J L:;: U '~( :~ LQ;
APR 1 ~008
~(P/,)-3
BOARD OF APPEALS
.
.
.
KENINProperty
Situate: 420 Lake View Terrace; East Marion; Town of South old, NY
SCTM#: 1000 - 031 - 09 - 011
(P!rolos lakm Oil April "i, 2(07)
Photograph of subject property indicating the existing conditions
thereon (Le., rear face of the existing dwelling). Photograph taken
from the southeastern section of subject property, facing west.
r,[;lC~rr~~[QJ
APR 1 ""~3
.~ &;-;-:3
BOARD OF APPEALS
.
.
.
KENINProperty
Situate: 420 Lake View Terrace; East Marion; Town of South old, NY
SCTM#: 1000 - OS I - 09 - 0 II
(1'h%s /akfll 011 APril -I, 2007)
Photograph of subject property indicating the eXlstmg conditions
thel'eon (i.e., rear face of the existing dwelling). Photograph taken
from the eastern section of subject property, facing southwest.
f!", ",:., ,,[, -r"\v7rc::rR\O
1; .:-:0\' ,I-:-,U" li:';"lbJI
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BOARD OF APPEALS
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