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6156
10 APPEALS BOARD 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 · RO. 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED + Tel. (631) 765-1809 · Fax (631) 765-9064 j)~ i O '. ~ O tAUG 14 2008 DETERMINATION FINDINGS, DELIBERATIONS AND MEETING OF AUGUST 7, 2008 ~OW wn Cl~rJc ZBA # 6156 -EVE SEBER and CARLO VOELKER Property Location: 3025 Pine Neck Road adjacent to Jockey Creek, Southold CTM 70-6-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property is a nonconforming lot with 24,115 square feet in total area, located in the R-40 Low-Density Residential Zone District, and improved with a one-story frame house and garage, as shown on the February 4, 2008 survey prepared by Nathan Taft Corwin III, Land Surveyor. BASIS OF APPLICATION: Zoning Code Section 280-114, based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the existing single-family dwelhng will not meet the code-required minimum 15 feet on a single side yard and will exceed the code hmitation of 20 percent for lot coverage. LWRP: TOWN CODE CHAPTER 268: As confirmed by the May 28, 2008 Town's LWRP Coordinator's letter to the Board of Appeals, the proposed action is exempt from further steps, pursuant to LWRP Code Section 268-3. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 29, 2008 and July 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 applicants originally requested second-floor additions and new one-story alterations/additions, to the existing dwelling, with a setback at 6.6 feet measured at its closest point from the easterly side yard and lot coverage at 20.8%. Page 2 - August 7, 2008 ZBA # 6156 - E. Seber and C. Voelker CTM # 170-6-part of 18 (Parcel 1 ) AMENDED RELIEF REQUESTED: By letter dated July 24, 2008, the applicant reduced the size of the deck by creating a notch at the existing 8.5 ft. side yard setback, which brings both the side yard setback and lot coverage into more conformity, at .6% over the 20% maximum permitted by the code (or 20.6%) and 8.5 ft. setback, respectively. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because: (a) the side yard setback already exists at 8.5 feet and will not change due to the proposed addition; (2) the proposed increase in lot coverage by .6% is insubstantial and will be unnoticeable from adjacent neighbors. Moreover, the accessory pool, accessory (pool house) building, and deck addition to the house will be greatly screened by mature evergreens, and the amended plan brings the construction into greater conformity with the code. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicants cannot be achieved by some method, feasible for the apphcant to pursue, other than an area variance. The house current exists with a nonconforming setback and the current lot coverage is at the code limitation of 20%. 3. Town Law ~267-b(3)(b)(3). The variance requested herein is not substantial. No increase in the side yard setback will occur, and the lot coverage will only increase by .6% over the allowable 20%. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created because it is a consequence resulting from the location and shape of the existing house and deck. 5. Town Law ~267-b(3)(b)(4). No evidence has been submitted top suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law ~267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of additions and alterations, 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 Weisman, seconded by Member Simon, and duly carried, to GRANT the variances as amended, as shown on the landscape plan dated July 2008 prepared by McCobb & Associates Landscape Architects, subject to the following conditions: Page 3 - August 7, 2008 ZBA # 6156 - E. Seber and C. Voelkef CTM # 170-6-part of 18 (Parcel 1) 1. The extensive planting of large evergreen trees to hide the parking and pool areas shall be maintained at all times. 2. A minimum 25 ft. non-turf buffer landward of the bluff shall be maintained to protect the bluff and the creek, as per LWRP letter dated January 7, 2008. Vote of the Board: Ayes: Members Ohva (Vice Chairwoman), Simon and Weisman. (Absent were: Member Dinizio and Chairman Goehringer.) This Resolution was duly adopted (3-0). 8- / --~ - 2008 Approved for Filing BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hup://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 27, 2010 North Fork Permits P.O. Box 1447 Mattituck, NY 11952 Re: Seber/Voelker #6156 Dear Mr. Gorman: I am in receipt of your letter dated July 23, 2010 requesting a modification from the relief granted in Appeal # 6156 for a proposed seasonal, unheated, uninhabitable pool house structure. I hereby determine, as ZBA Chairperson, that the inclusion of an unfinished basement under the pool house, accessed by an exterior Bilco door, for the purpose of housing pool pumps and other mechanical equipment associated with the swimming pool on site, instead ora crawl space as originally proposed, is in keeping with the intent of the relief granted and is therefore a de minimus change. Be advised, this letter does not authorize the installation of electric or habitable use of the attic storage area. I will advise the Building Department to issue a building permit incorporating the proposed basement so that you may proceed with your construction plans. Leslie Kanes Weisman Chairperson/Department Head CC: Michael Verity, Building Department North Fork Permits Permit Expediters From: Eve Seber and Carlo Voelker 3025 Pine Neck Road Southold, NY 11971 Town of Southold Zoning Board of Appeals Town Hall Annex $outhold, NY 11971 Re: ZBA Approval#6156 July 23, 2010 To whom it may concern; According to the terms of our ZBA approval #6156, our proposed pool house had a crawl space foundation. We are requesting a Diminimus in Nature decision to allow for a full basement in order to conceal the pool pumps and electronic operating equipment. The basement would be accessed by a Bilco door. Thank you for your consideration. Sincerely, William Gorman Authorized Representative P.O. Box 1447, Mattituck, New York 11952 631-445-1461 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 76So1809 Fax (631) 765-9064 April 21, 2010 Bill Gorman North Fork Permits P.O. Box 1447 Mattituck, NY 11952 RE: Seber # 6156 Dear Mr. Gorman: I have reviewed your request to use at grade mahogany with framing below grade as the "patio" material that was unspecified in the Zoning Board of Appeals decision #6156. So long as the wood frame construction creates an at grade condition, the patio/decking will not in~e the applicant's lot coverage. Chairperson Cc: Building Dept. North Fork Permits Permit Expediters RECEIVED APR 2 ! ~010x~ BOARD OF APPEALS To: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 From: North Fork Permits William Gorman PO Box 1447 Mattimck, NY 11952 Date: April 20, 2010 Re: Clarification of pool patio material Tax Map #1000-70-6-18 To whom it may concern, In our Zoning application #6156, we did not clarify a particular patio material in either the Landscape Plan or the Survey. We would like to use 5/4 x 6 mahogany on grade-- with the framing below grade--to satisfy our lot coverage limitation. We request that the Zoning Dept. deem our material preference to be deminimus in nature. Thank you for consideration, RO. Box 1447, Mattituck, New York 11952 631-445-1461 its RECEIVED BOARD OF APPEALS 527.7' Residence Southold, NY 527.7' 0 pIpE S 86'2 43,6: N 85"09 O0 21.28' % E --14 --16 / / / 5 85'55': pINE NECK LOCATION POLE B B5'55'20" W ROAD NOTES: SUFFOLK S.C. TAX S.C. TAX SURVEY OF PROPERTY SITUATE PINE NECK TOWN OF SOUTHOLD COUNTY, NEW YORK No. 1000-70-06-18.1 No. SCALE 1"=30' NOVEMBER 28, 2007 FEBRUARY 4, 2008 ADDED PROPOSED ADDITIONS MARCH 24, 2008 ADDED LOT COVERAGE JULY 22, 2008 REVISE SITE PLAN NOVEMBER 21, 2009 ADDED PROPOSED SEPTIC SYSTEM JANUARY 19, 2010 AS BUILI SURVEY FEBRUARY 26, 2010 ADDED LIPA EASEMENT MARCH 10, 2010 ADDED EAST LIPA EASEMENT MARCH 22, 2D10 REVISE PROPOSED POOL & POOL HOUSE APRIL 15, 2010 REVISE PROPOSED POOL AREA = 47,520 sq. ft. (TO TIE LINE) 1.091 cc. ~ RECEIVED ~Pf~ 2 1 ZOO(bi<( BOARD OF APPEALS LOT AREA DATA PARCEL 1 27,274 sq, fL 1000-70-06~ 16,2 0.626 ~c. PARCEL 2 20,246 sq, fL 1000-70-06-18,1 0,465 ~c, TOTAL 47,520 sq. fL 1.091 cc. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 20 -- I_ N.YS Lic No. 50467 UNAUTHORIZED ALTERATION DR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW THE EXISTENCE OF RIGHTS OF WAY Nathan Taft Corw n III Land Surveyor Fox (631)727 1727 P 0 Box 16 27-4326 EXISTIN~ LOT COVEP-4GE FOR pAROEL ~ GARAGE 107 sq. ff- WOOD DECKS & WALK 1,219 sq. ff. 10.7% 0.5% 5.1% PAVEMENT 751 sq. ft. 5.1% 4,911 sq. ff. 20,2% pROPOSED LOT COVERACE FOR P~RCEL OVER UPLAN]) AREA (24,115 s DESCRIPTION AREA EXIST, HOUSE(ExCLuDll 2,456 scl. ff. ADDITION 144 sq. ft. PROP. ENTRANCE 165 sq. ff. PROP. DECK 1,176 sq. f1, SHED 107 sq. ft. PROP. POOL HOUSE 250 scl. fl* PROP. POOL 672 scl. fl, PROP, PATIO 1,988 sq. ff. PROP. WALK 581 aq. ft. EXIS. & PROP. ASPHAL1 450 sq, ff. 7,769 sq. ft. LOT COVERAGE 0.6% 0.7% 2.8% 8.2% 32.5% 527.7' S 86"21h E 43.~ ,~ SHED 22-- ~ 0 / / / / SURVEY OF PROPERTY SITUATE PINE NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-18 SCALE 1 "=30' NOVEMBER 28, 2007 FEBRUARY 4, 2008 ADDED pROPOSED ADDITIONS MARC 8 ADDED LOT COVERAGE VISE SITE pLAN KREA = 47,520 sq. ff. (TO TiE UNE) 1.091 ac. 85 55 z -' ~: "' :~'PlNEN~CK ROAD ROOF AREA: 2 767 sq, ff. (HOUSE) S B5'55'20" W LOT AREA DATA PARCEL 1 27,274 sq. ft. 0,626 Dc. PARCEL 2 20,246 sq. ft. 0.465 ac. TOTAL 47,520 sq. ff. 1.091 ac. JUL 24- 3)0~ NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1629 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:Z~,~ EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 20 ----- N.Y,S, Lic No. 50467 Nathan Taft Corw n III Land Surveyor PHONE (631)727-2090 OFRCES LOCATED AT ~22 RGANOKEAVENUE RIVERHEAD, New York 11901 Fex (651)727-1727 ¢1© $ 4 15f POLE 8 9-- JOCKEY CREEK DOCK · 2./ 2.~O STAKE -- DOCK FENCE New Viburnums Outdoor 4 F ME 25.6 ~,sphal/Apron 20- NOTE All plantings will be maintained a · /+ 527.7' N ati'~ Oaks and / · ~creen Road with L~ / Nahve Shrub ./ Plantings arld WiRE PINE NECK ROAD 24 FINAL MAP r REVIEWED BY ZBA J SEE: DECI$1ON~ ~ / ¢oelker-Seber Residence Southold, NY McCobb & Associates Landscape Architects Sheet Title: Landscape Plan Date: July 2008 Scale: Not to Scale * SEASONAL POOL HOUSE * NOT FOR HABITATION :::::: ..... * NO HEAT ':::~':~:~:r.: (~ Rxl~tln~?ont Elevation (North) ~~Exlstlng _Side Elevation 3,, 3' Grade Level 4" Trap 4" To Approved Plumbing Rl~er D~agram Exlstln;j Rear Elevation (South) (~ Extstln~j 51de Elevation (East) Existing Section Existing Foundation Plan Plan V,ew NOI~IM I~LI~VA1~ON I~OOf PLN, I -'INAL MAP ~EVIEWED BY ZBA SEE DECISION #~/~ I~A~f NI~NVAflON Wl~Sf ~L.I~VAflON O O C 0 0 { ROOM 121NJkl~ ROOM FLOOR RI. AId FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED ~ /~ l,),.~ I~MO ~XISfli~ FOIRgMIOId A5 II~ICA~P DY I~'f~l~ LI~ NI~W FO!J~I~^'rlON t~OIJNP^110N ~AN PO!~ ~W FOIRg^llON t::OUN~AllON 5~6fION A I~OIJNgAI'ION 5~¢flON ¢ FINAL MAP REVIEWED BY SEE DATED 5~C110N~~ ROOM I~LOW ~E~WAY FLOOR FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ / '~ / FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 4, 2008 AMENDED: February 29, 2008 AMENDED: March 28, 2008 AMENDED: July 18, 2008 TO: New England Barns (Seber) 45805 Main Road Southold, NY 11971 Please take notice that your application dated January 28, 2008 For permit for a second story addition to an existing single family dwelling at Location of property: 3025 Pine Neck Road, Southold County Tax Map No. 1000 - Section 70 Block6 Lot (part of) 1_~8 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 24,115 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIII Section 280-114, which states that non-conforming lots, measuring between 20,000 to 39,999 square feet in total size, require a minimum single side yard setback of 15 feet and a total allowable lot coverage of 20 percent. Following the proposed additions and alterations, the dwelling will have a single side yard setback of 6.6 feet and a total lot coverage of +/-20.8 percent. This Notice of Disapproval was amended on March 28, 2008, following changes to the survey, last dated March 24, 2008, by Nathan Taft Corwin, LS. This office is in receipt of pool house plans, dated J. tfl,v.~14~~tiee of Disapproval does not change. x'~a,~i'orized ~ig~" 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. TO: New England Barns (Seber) 45805 Main Road Southold, NY 11971 FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: February 4, 2008 AMENDED: February 29, 2008 AMENDED: March 28, 2008 Please take notice that your application dated January 28, 2008 For permit for a second story addition to an existing single family dwelling at Location of property: 3025 Pine Neck Road, Southold County Tax Map No. 1000 - Section 70 Block6 Lot (part of) 1._~8 Is returned herewith and disapproved on the following grounds: The proposed construction~ on this non-conforming 24~115 square foot lot~ in the R-40 District~ is not permitted pursuant to Article XXIII Section 280-114~ which states that non-conforming, lots, measuring between 20~000 to 39~999 square feet in total size~ require a minimum single side yard setback of 15 feet and a total allowable lot covera~,e of 20 percent. Following the proposed additions and alterations~ the dwelling will have a single side yard setback of 6.6 feet and a total lot coverage of +/-20.8 percent. This Notic.e___,ff~isapp~d on March 28~ 2008~ following changes to the surve% last ~t~ March¢ 20~8,~tgl~an Taft Corwin,LS. Nfu~~ :~;:1 hA~~;ab~Vnleernet[erenced application, may require CC: file, Z.B.A. Seber-Voelker 3025 Pine Neck Road Southold, NY --ROM : COSTELLO MARINE CONT. PHONE NO, Hydrographic Map p~pared for. 5¥e 8eber Surveyed', August 8, 2007 SOT# 1000-70-6-18 S~z.~am: Jockey Creek Town: Soutl~ld S~o~k C~urfef, N% Datum: Low Water : 631 477 0005 ~ ' M 2! 2007 _0.57A Pi N -"' '.. SE/ LEVEE MAPPING ' NY't1931 ROBERT H. FOX W~51~ 3OAI~D~(~F~APP~A[.$ ~¢110N A /?oARD OF APPEALS 'x ~t7,, Seber-Voelker 3025 Pine Neck Road Southold, NY BOARD OF APPEALS 2545 ACTION OF THEZONING BOASD OF APPEA.L~OFTHETOWNOFSOUTHOLD To Virginia Sheotor 200 East 16th Street New Yorkw New York 10003 Dat,d 'April 18, 1979 DATE~.~...i~., 1979 at a m~ o! ~he ~-~-_~ ~ o! Appeal ~a May 24, 1979 ( ) ................. of ~e Zoning (hdtnan~ and ~e d~ision ~ ~e Bu~d~ Inspector ( ) ~ ~versed ( ) ~ ~ 8:10 P.M. (D.S.T.) Upon application of Virginia Sheetor, 200 East 16th Street, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Pine Neck Road, Southold~ New York, bounded on the north by Jockey Creek~ east by Reinhardt~ south by Pine Neck Road; west by Norris and Proute. SEE REVEESE SEE REVEESE SEE REVERSE (wo~d not) i PROVED After investigation and inspection the Board finds that the applicant is the owner of a parcel of land containing 1.2 acres. The proposal is to create a lot containing approximate~y 20,000 square feet fronting on Pine Neck Road and the remaining parcel fronting on Jockey Creek which contains a two-story, frame dwelling will contain approximately 25,000 square feet. To the east of this property there are numerous muall, undersized lots. To the west there are approximately 16 undersized lots. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship create~ is unique and would not be share~ by all properties alike in the imme~iate ~icinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonia~ seconded by Mr. Douglass, it was {~ESOLVED, that Virginia Shector, 200 East 16th Streetv New York, New York, be GRANTED permission to divide property with insufficient width and insufficient area as requested. Location of property= Pine Neck ~ad, Southold, New York, bounded on the north by Jockey Creek{ east by Reinhardt{ south by Pine Neck Road{ west by Norris and Prout upon the followlng conditions; · (1) Applicant will submit a current survey showing her proposed division. (2) Approval of the Suffolk County Planning Couunission. Vote of the Board; Ayes= Messrs= Gillispie, Grtgonis, Doyen, Tuthill and Douglass. i '0 .. :o,,e, ,t0'=1" Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Aveaue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southotd, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: SUBJECT: Elizabeth A. Neville, Town ClerJ( Jerry Goehringer, Chairman May 8, 2008 - Refund of Fee under ZBA #6147 - Eve Seber and Carlo Voelker A full refund ($400) in the above-noted file reference is recommended for the reason that the applicant decided to re-submit under a different application to all the Departments involved, after creating a new lot based on a 1979 approval, and their desire to change the status of one pamel into two separate building pamels. Copies of the applicant's letter requesting a refund and Town's odginal receipt for payment are enclosed for reference purposes. The refund should be given to the name of check that was processed: New England Barns Inc., P.O. Box 1447, Matttituck, NY 11952. Since this application may not be re-activated under this File Number, we ask that you please void all documentation related to the processing of the above as filed with the Town Clerk on March 17, 2008 (Appeal # 6147). Thank you. Ik Encs. cc: Accounting Department (wi enc.) Southold Town Board - Letter RESOLUTION 2008-517 ADOPTED Board Meeting of May 20, 2008 Item # DOC ID: 3883 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-517 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $400 Zoning Anneal application fee to New England Barna for an application filed on behalf of Eve Seber and Carlo Voclker, SCTM # 1000-70-6-18. as recommended by the Zoning Board of Appeals because the applicant decided to re-submit under a different application. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski 3r., Wickham, Evans, Russell J A¥ 2 8 BOARD OF APPEALS Generated May 22, 2008 Page 23 SURVEY OF PROPERTY SITUATE PiNE NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s.c. TAX No. 1000-70-06-18 ~:'j · . ':. :,;, ~' .~. "'~piNlg NECK RoAD Nathan Taft Corwin III Land Surveyor APPLICATION ~THE SOUTHOLD TOVCN BOARD O~PPEALS For Office Use Only Fee: $ . Filed By: Date Assigned/assignment Office Notes: HouseNo.3~'Street F[~ ~ ~ Ha~et scm ooo Se tio. ¢ / . [ot I (WE) APPE~i,L ~{HE WRITTEN DETERMINATION OF THI~ BUILDING INSPECTOR DATED ~../'~]0~' BASED ON.MAP,DATED ~/~/0~ Appli~6~(S)/Owner(s): ~ ~ ~ C~ ~0~ MaflingAddress: YO ~ ~1 ~xt't~/ ~ l[~ NOTE: In addition to the above, please ~mplete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of aepresentaave: ~ I ~ ~ for ( ~wner, or ( ) Otaer: Agent's Address: Telephon(~/) Please check box to specify who you wi~ correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INS~ECTiOR REVIEWED MAP DATED AN APPLICATI. O/1N DATED 1 {~.L~, / ~:, FOR: [~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction •Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article )~lLt Section 280- ~ L~ Subsection Type of~upeai. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. 13 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 at any time with respect to this property, UNDER Appeal No.~,$'~'Year JO,.~ , (Please be sure to research before completing this question or call our office for assistance.) ?~x~x~ S~::~l,~t "r '~ t{ ~Jl~k.~t~,~(.~, Name of Owners: ~ppeal No,' REASONS FOR APPEAL (addl~onal she~s may be used with at~olicant's siffnatttre}: .4RE4 E4RZ4NCE RE4SONS: (1) An undesirable change will not be produced in the CHARACTER oftbe neighborhood or a detriment to nearby properties if granted, because: The proposed house and deck design is infinitely more suitable to the character of the neighborhood than the existing structure. The existing structure is outdated and has no similarities to any other building in the area. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an area variance, because: It would compromise the design of the structure which has been carefully crafted to increase the benefits to the neighborhood character and the physical environment. (3) The amount of relief requested is not substantial because: The existing setback distance of the deck is 8.5' fi.om the east side yard. We are requesting an additional relief of 1.9~, or 12% of the permitted 15' setback. (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 building and landscape design will create more of a natural buffer between the developed area and the wetlands. This will have a positive effect on the physical and environmental conditions. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. Does this variance involve as-built construction or activity? ( )Yes, or ( X)No. 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 ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TI'ACHED USE VARIANCE SHEET: (Please be sore to consult your attorney,) Sworn th. before me this Dayof. 0 3 (Agent must submit written Authorization from Owner) Board of Trustees Application AUTHORIZATTON (where the applicant is not the owner) (print owner of property) residing at (mailing address) ~'O ~-~W0~J~ ~, ~. ~do hereby authorize ! , ( Agent ) ~It/-~ ~~ to apply for permit(s) from the Southold Board of Town Trustees on my behalf. Owner's signature 8 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 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. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCAIION MAILING ADDRESS H. LEE DENNISON BLDG. - 4IH FLOOR P.O. BOX 6100 (631/853 5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 } 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner x~ LWRP Coordinator ZONING BOARD OF APPEALS Date: May 28, 2008 Re: Request for a Variance Seber ZBA#6156 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP 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. 7-2006] Please contact me with any questions. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OFSOUTHOLD MEMORANDUM To: From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Plam~er (¢9 LWRP Coordinator Date: January 7, 2008 dAN - 7 2008 Southhold Towe _ Board of Trustees Re: Request for Wetland Permit for Eve Seber SCTM# 70-6-18 EVE SEBER requests a Wetland Permit to construct a second-floor addition to the existing dwelling and shift north foundation wail back toward the south to square offthe new construction. Located: 3025 Pine Neck Rd., Southold. SCTM#70-6-18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action Is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to further the policies: 1. Require gutters~ dmvnspouts, and sub-surface drywells to contain roof runoff on house~ and hay bales during construction. 2. Require a minimum 15 foot non turf buffer landward of the bluff to protect the bluff and the creek. 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 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6805 DATE: JANUARY 23~ 2008 ISSUED TO: EVE SEBER PROPERTY ADDRESS: 3025 PINE NECK ROAD~ SOUTHOLD SCTM# 70-6-18 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23, 2008, and in consideration of application fee in the sum of $250.00 paid by Eve Seber and subject to the Terms and Conditions as stated h~ the Resolution, the Southold Town Board of Trustees authorizes and perm/ts the following: Wetland Permit to construct a second-floor addition to the existing dwelling and shift north foundation wall back toward the south to square off the new construction, with the condition of the installation of gutters and drywells 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, a 10' non-turf buffer landward of the top of bluff on the west side of the property and a non-turf buffer between the top of bluff and dwelling on the east side of property, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 4, 2008, and received on February 6, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Eve Seber, residing at 3025 Pine Neck Road, Southold, NY as part of the consideration for the issuance of the Permit 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 performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this PernY~t is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said perrmttee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit 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 of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein 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 Suffolk County Department of Real Properties Office as a notice covenant 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 Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Januaw 23,2008 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Mr. Bill Gorman P.O. Box 1447 Mattituck, NY 11952 RE: EVE SEBER 3025 PINE NECK ROAD, SOUTHOLD SCTM# 70-6-18 Dear Mr. Gorman: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2008 regarding the above matter: WHEREAS, Bill Gorman on behalf of EVE SEBER applied to the Southold Town Trustees for a permit under the previsions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 13, 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 LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of EVE SEBER to construct a second-floor addition to the existing dwelling and shift north foundation wall back toward the south to square off the new construction, with the condition of the installation of gutters and drywells 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, a 10' non-turf buffer landward of the top of bluff on the west side of the property and a non-turf buffer between the top of bluff and dwelling on the east side of property, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 4, 2008, and received on February 6, 2008. 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 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~:~ ~'o~ ~ C~'~.LI3 ~--"~.. Date Prepared: 4 I. For Demolition of Existing Building Areas Please describe areas being removed: LID ~"1:;:}~- Svq/~ ~1:~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: '~;;7~ 'O't~[1O(.ar'~z:tI ~'gtST~/,J~' ~.i~'"~t Dimensions of new second floor: ~--:~b-'(o ~t/ Dimensions of floor above second level: Height (from finished ground to top of ridge): ~.,~ t. ~,a Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: '~'~t~ll4~r't~T' -~,t~'t'~ ~OT' OOcb-L.- III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~t/O'~b~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from Existing square footage of buildings on your property: Proposed increase of building coverage: ~ Square footage of your lot: ~--~ I "a.'~ ~ Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: 2-~'~ ~'/.~'~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meoting the code requirement(s): ! ~ Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete th/s CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and ~xplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If a,ny question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detennination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION sevin#tO00 - -Ir> 6' -- . [ The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board N Building Dept. ~ BoardofTrustees [-~ 1. 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)~'ermit, approval, license, certi~ii~ni ................. Nature and extent of action: Location of action: Site acreage: Present land use: ~--'~. Present zoning classification: ~. 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: ' _ (b) Mailing address: :1[:>~> '~-- t'~L'~ (c) Telephone number: Area Code I~ ~- --" [ (d) Application number, if any:. Will the actio~,~gctly undertaken, require funding; or approval by a state or federal agency? Yes ~ 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 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 LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~] No ['-] 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 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 [ ~t'[Not Applicable 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 ApplicaO 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 ~ot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye? No ~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI- Policies; Pages 47 through 56 for evaluation criteria. [] Yes No App.eable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LVOIP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [-'~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 eva~ation criteria. ~ Yes ~ No~L-~ Not Applicable J Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; ~ges 65 through 68 for evaluation criteria. ~] Yes ~ No~-~1~1 Not Applicable PROJECT ID NUMBER PART t - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 1. APPLICANT I SPONSOR/ 2. PROJECT NAME SEQR PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide mad DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres . (o ~ Ultimately acres ~, ~ ~ 8. VVtLL PRopOSED ACT ON COMPLY WiTH EX ST NG ZeN NG OR OTHER RESTRICTIONS? ~Yes r~No If no, describe briefly: 9. WH T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Re~idential r--~lndustrial DCommercial ~]Agriculture [~ Park / Forest / Open Space [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM AN ' OTHER GOVERNMENTAL AGENCY (Feder~ State or Local) ~"lYes~l~No if yes, list agency name and permit/ approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Yes ~1~'o if yes, list agency name and permit / approval: 12.~]YesAS A RES~oT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REOUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FOR Fll JNG WI'IH YOUR Z.B.A. APPLICATION Is the subjec~remises listed on the real estate market for sale? [] Yes Are there any proposals to change or alter land contours? ~'~o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~{~ 5 2) Are these areas shown on the map submitted with this application? ~-~ ~ 5 3) Is the property bulkheaded between the wetlands area and the upland building area? tOO 4) If your property contains wetlands or pond areas, have '~ou contacted the office of the Town Trustees for its determination of jurisdiction? ~ ~' ~ Please confirm stares of your inquiry or application with the Trustees: ~'ff'i~."~ ~C~ ~ ~ and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? tQC) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~.} 0 (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? t'~ O 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? ~30 If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ~)~C~'~ ~ [K)(.9~ ~--t0~fflW~J ~. ~dproposedu~ ~b~ ~ ~C~, (~~g~ly; proposed: sine with garage or ~ol, or o~ des~p~on.) · lorth Fork Permits Permit Expediters Zoning Board of Appeal: Town of Southold Town Hall Annex Southold, NY July 20, 2008 To whom it may concert BOARD OF APPEALS'_ In response the concerns raised during the public meeting of the Zoning Board of Appeals on May 29th, 2008, the following issues have been addressed in the manners described below: 1. Additions and Modifications to Survey a. Hay bale placements b. Asphalt removal c. Drainage plan d. Wood steps on east side of rear deck (to be removed) e. Access to rear yard on both east and west sides f. Power lines (to be buried) g. Modification to deck to reduce set back relief 2. Concerns of Mr. and Mrs. Burnham, neighbors to the east, (please see recent letter) 3. Pool house structure with bathroom, outdoor shower and septic plan (see blueprints) 4. Landscape, screening and planting plan (see new landscape plan dated July 2008) 5. Footing plan for proposed rear deck (see revised house plans) Additionally, Mr. Dinizio asked for better reasons why our proposed design and construction plans are more suitable to the area than the existing structure. I kayaked down Jockey Creek and took photos of the houses on the south side of Jockey Creek and would like to present those as Submission #1. As you can see in Submission #l, the house immediately to the west (SCTM# 1000-70-15) is a two story construction with an old barn that is visible for 7 months of the year. (Unfortunately, the foliage was too thick to get a good view of it, but I have highlighted the barn in the photos.) Our design is intended to capture the old barn style and we feel it will compliment the barn adjacent to us. As shown in the photos and referenced by the tax map page, from the first house on the point (at the end of Pine Neck) and around to the west, there are a number of large I ½ and 2 story houses with larger footprints than our proposal, and more structures per property than our proposal. Our proposed structure will P.O. Box 1447, Mattituck, New York 11952 631-445-1461 be considerably different from the existing structure and may seem dramatic in that regard, but we feel it's a better fit for the Creek as a whole. Renovation vs Tear-Down Another issue raised was that the substantial change in the foundation might potentially warrant a tear-down rather than our proposed modifications. However, from a cost basis, the majority of the foundation remains (sans the wedge), and the foundation modifications are minor (just adding 6' of crawl space to existing crawlspaces to accommodate the removal of the 6' wedge--see dwg #1). The disturbance of the property will be minimal compared to a total tear-down and reconstruction. In addition, we will keep 90% of the exterior walls, 100% of the existing first floor, and all of the tltility locations remain the same. This translates into a savings of at least $150,000. Additional narrative regarding items #1-5 above: Item #1e Access to the rear of the property is shown on the modified survey: on the west side we've added a reinforced concrete base under the proposed patio so a backhoe could traverse it without causing damage. There would be a removable section offence here as well. On the east side, we've removed the deck steps, and have offered to plant the screening on the Bumham's side so they can regulate the buffer height. This allows for backhoe access on the east side as well. Item #1g Regarding the side yard set-back variance, we've reduce the deck by creating a notch at the existing 8.5' set-back; then the deck recedes from the side yard until it hits 8.5' again at its most northem point. The reduction of the deck has had a negligible effect on the area variance, and we are still seeking a .6% relief. Item #3 Additionally, we have submitted the non-inhabitable pool house plans-- with a proposed septic plan--and the building will have a bathroom and an ' outdoor shower. Our permit denial has been amended to include the pool house pending Health Dept. approval. Item #4 Finally, we've tightened up the landscape and planting plan for your review. Thank you for your co~nsi~mial~ William-P. Gorman(, No~rt~ork Permits .dL 2'~ 2008 ':~RD OF APPEALS rth Fork Permits Permit Expediters To: From: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 North Fork Permits William Gorman PO Box 1447 Mattitock, NY 11952 APR - 7 2008 BOARD OF APPEALS Date: April 7, 2008 Re: Eve Seber and Carlo V0elker Side yard setback an,d 20% coverage variance Tax Map #1000-70-~-18 To whom it may concern. Eve Seber and Carlo Voelker are proposing to construct a second floor addition to an existing single story residence. The design of the existing building is an out-dated, 1970's style, wedge-shaped structure that creates a number of construction issues when attempting to remodel it. (Please see proposed construction plans.) The Bulk schedule requires a side yard setback of 15'. The existing garage is 11.5' from the east side yard, and the existing deck is 8.5' from the same side yard. However, as this deck was constructed to accommodate the tmusual wedge-shape of the house, it leaves little or no room for a reasonable or aesthetic deck design. Because of the dramatic slope of the rear yard, there is virtually no flat spot large enough to accommodate a small group of people--much less a table and chairs. The ultimate intention is to increase the rear deck size so as to provide an area that is adequate enough to enjoy the rear of the property and the view of Jockey Creek. Our proposed house design would square-offthe foundation and the house (please see drawings # 1 and #2). As illustrated on these drawings, the proposed deck would be squared to the new house and would, consequently, provide an appropriate sized space and the improved aesthetic. However, by squaring the deck to the new house orientation, the side yard setback to the deck is filrther reduced to from 8.5' to 6.6'. In addition, our total proposed construction will increase the percentage of lot coverage to 20.8% Pursuant to Article XXVI, Section 280-114, we are requesting 1) an 8.4' side yard setback relief to accommodate our proposed deck and second floor addition to the existing residence and 2) a 0.8% lot coverage relief. The Southold Town Trustees held a public meeting regarding our proposal and subsequently approved it by issuing Permit #6805. The DEC is currently reviewing the same proposal. Thank you for consideration, - William'P Goh'~nan, North Fork Permits Authorized Representative for Eve Seber and Carlo Voelker P.O. Box 1447, Mattituck, New York 11952 631-445-1461 APPEALS BOARD 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 · RO. 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 ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August15,2008 Eve Seber and Carlo Voelker 3025 Pine Neck Road Southold, NY 11971 Re: ZBA #6156 - Eve Seber and Carlo Voelker Variance application Dear Ms. Seber and Mr. Voelker: Transmitted for your records is a copy of the Board's August 7, 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. EncI. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) Very truly yours, ~t...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 April 8, 2008 Zoning Appeal No. 6156 Transmitted herewith is Zoning Appeals No. 6156 of Eve Seber & Carlo Voelker- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Letter from North Fork Permits Explaining Side Yard Setback and 20% Coverage Variance, Authorization Letter from Eve Seber to Bill Gorman (North Fork Permits), Notice of Disapproval, 6 Pages of New England Barn Drawings, Plans and Elevations of Residence, 2 Photos of Proposed Changes, Drawing of Proposed Changes, Hydrographic Map, Property Record Card, Action of Zoning Board of Appeals Dated 4/18/1979, Survey fi.om Van Tuyl, P.C., New Survey from Nathan Taft Corwin III, Land Surveyor. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/07/08 ZBA # NAME CHECK # AMOUNT TC DljlfRF'~P 6156 SeberNoelker(New 1021 APR · 8 ~ England Barns) $600 $outhold Town Clerl~ _ I I TOTAL ;600.00 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/08/08 * * * RECEIPT * * * ReceipU/: 15190 Transaction(s): 1 1 Application Fees Reference Subtotal 6156 $600.00 Check#: 1021 Total Paid: $600.00 Name: North, Fork Permits P O Box 1447 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6156 APPEALS BOARD MEMBERSO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southotd 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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, JULY 247 2008: 9:30 A.M.J. and A. MAZUR #6176. Requests for Variances under Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%, at 3200 Camp Mineola Road (and Fay Court), Mattituck; CTM 123-5-36.2. 9:45 A.M. STEIN FAMILY TRUST #6179. Request for Variances under Sections 280-15 and 280- 124B, based on the Building Inspector's May 7, 2008 Notice of Disapproval concerning: (a) proposed additions and alterations to the existing single-family dwelling with a new front yard setback at less than the code-required 35 feet, (b) an addition to the existing accessory garage which is required to be in the rear yard, (c) all new construction will exceed the code limitation of 20% maximum lot coverage. Location: 2535 Cedar Lane, East Marion; CTM 37-4-10. 10:00 A.M. WILLIAM LUTKOWSKI #6t85. Request for a Variance under Section 280-124 (setback schedule), based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolition of the existing dwelling), proposed with front yard setback(s) at less than 35 feet. Location of Property: 595 Pine Avenue and Birch Avenue, Southold; CTM 77-2-25. 10:30 A.M. VINCENT and MAUREEN PAPA #6183. Request for a Variance under Section 280- 124, based on the Building Inspector's April 21, 2008 Notice of Disapproval concerning an as- built deck addition to the existing single-family dwelling, which is less than the code required 50 ft. rear yard setback, at 75 First Street, Laurel; CTM 126-10-9.5. 10:45 A.M. PINE NECK HOLDINGS #6180. Request for a Variance under Section 280-116B, based on the Building Inspector's May 13, 2008 Notice of Disapproval concerning a deck addition to the existing single-family dwelling at less than 75 feet from the existing bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5-40. Page 2 Legal Notice - July 24, 2008 Hearings Southold Town Zoning Board of Appeals 11:00 A.M. GREGORY SCHWEITZER AND STACEY SCHWEITZER #6184. Request for a Variance under Section 280-15, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code- required rear yard, at 385 Wendy Drive, Laurel; CTM 127-8-9. 11:15 A.M. ARTHUR R. TORELL # 6182. Requests for Variances under Sections 280-18 (Bulk Lot Area Schedule) and 280-124 (Setback Schedule), based on the Building Inspector's amended May 21, 2008 Notice of Disapproval concerning: (1) a proposed lot area with a new nonconformity of 19,028 square feet in size, instead of 21,458 square feet, resulting in the remaining lot which will become more conforming at 27,196 square feet instead of 24,756 square feet; (2) a proposed single-family dwelling at less than 40 feet from the rear lot line. Location: 365 Westwood Lane; CTM 33-2-11 and 33-2-10o 1:00 P.M. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (1) Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty's Drive at Long Island Sound, Orient; CTM 14-2-23. 1:30 P.M. Reserved Hearing (Carryover): HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. Requests for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval concerning a proposed single-family dwelling with one side yard at less than the code required minimum of 10 feet, and with both side setbacks less than the required combined total of 25 feet, and less than 35 feet from the front yard lot line (after demolition of an existing building) at 13000 Main Road, East Marion adjacent to Gardiners Bay; CTM 31-14-11. 2:00 P.M. Reserved Hearing (Carryover): EVE SEBER and CARLO VOELKER #6156. Requests for Variances under Section 280-114, based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the existing single-family dwelling will not meet the code-required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot coverage. Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold; CTM 70-6-18. 2:30 P.M. Reserved Hearing (Carryover): JOHN SCOURAKIS #6157. Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 17, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (with a new foundation after demolition of the existing building), for the reasons that: (1) the setback from the top of the bluff adjacent to the Long Island Sound will be less than 100 feet; (2) the minimum code standards under Sections 280-9 and 280-10 require a minimum of 15 feet on a single side and minimum 35 feet combined side yard setbacks; (3) the lot coverage will exceed the code limitation of 20% with a buildable lot size of 13,369 square feet. Location: 955 Soundview Avenue Extension, Southold; CTM 50-2-10 and 11, combined as a single building lot. 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 Page 3 Legal Notice - July 24, 2008 Hearings Southold Town Zoning Board of Appeals contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: July 14, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 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, MAY 29~ 2008: 9:55 A.M. EVE SEBER and CARLO VOELKER # 6156. Request for Variances under Section 280-114, based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the existing single-family dwelling will not meet the code-required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot coverage. Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold; CTM 1000-70-6-18. 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: May t, 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 #8908 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th day of July, 2008. Principal Clerk Sworn to before me this day of --///~.J~fx~/ 2008 CHRISTINA VOLINBKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qua.fled In Suffolk County CTM 37-4-10 g6185. Request for a Variance under Sec- tion 280-124 (setback schedu e), based on the Bui ding Inspector's Al~ril l& 2008 Notice of Disapproval concerning a proposed new dwelling tarter defi~oli- tion of the ex,sung dwellingt, proposed wnh ixont yard setback(s) at less than 35 [eet. Location of Proper t~: 595 Pine Av- enueand Birch Avenue. Southold: CTM 77-2-25 10'.30 A.M. VINCENT and MAU- REEN PAPA #6183. Request ~or a Vari- ance under Section 280-124. based on bined side yard setbacks: (31 the tht cov- erage wll] exceed the code limitation of 20% with a buildable lot size of 13.369 square feet. Location: 955,Soundview Avenue Extension. Southold' CTM 50-2-10 and 1I. combined as a single building lot. The Board of Appeals will hear all persons, or their representatives, desk- Lng to be heard ar each hearing, and~or desiring -to submit written statements before the ,coacinslon of each hear- lng. Each hearing will not start earlier than designated above. Files are avail- able for review daring regular business the Building Inspector's April 21:2008 hou?s and piior to thc day of the hear- Notice of Disapproval concerning an as- rog. If you have ques~tions, please do not built deck addition to the existing single- hesitate to contact our office at ~631) family dwelling, which is less than the 765-1809. or by email: Linda. Kowalski@ code requj:red 50 ft. rear yard seiback, at Town.Southold.ny. us~ 75 First Street, Laurel: ~ 126d0-9.5. Date& Jaly 14. 200K 10,'~ A.M. PINE NECK HOLD; rZONINGBOARDOFAPPEALS ING$ ~6180. Request for a ,V, arianc~ , GERARD P. GOEHRINGER, under SeCtion 280-116B. based On the Building Inspector's May 13,2008 No- tice of Disapproval concerning a deck aadition to the exist ag single-fa~a y dwelling at le'ss than 75 feet frb~n the ex- isling bulkhead, at 1475 Pine Ne~k ~6ad, Southold: CTM 70-5-4~. 1L'00 AM. GREGORY $CH- WEITZER AND STACEY SCH. WEITZER #6184. Request for a Vari- ance under Section 2g0-15. based on the ,~Uil~ ~,d~.~ In sp ¢ Ct o r '~.Ma y 6~ 20~8 Notice accesiary swinunthg poolin a yard other than the code-required rear yard/at 385 Wendy Drive, Laurel; CTM 127~8-9. 6182. Requests for Variances under Sec- tions 2t~-18 (Balk Lot and 2~)-L24 (~ $~e}~ May 21, 200~ Nofi~ of Disapproval CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Offiee Location) 53095 Main Road (MaiHng/USPS) P.O. BOx 1179 8~08-1T 7/17 eon~ing: (1) a P~l~t are. with f~e~ Fesutt ng ~n the r 28, 2007 thc LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY. JULY 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 2~0 (Zoning), town of Southold. the following public .hearing will be heId by the SOUTHOLD rO~WN ZONING BOARD OF AP- PEALS at the Town Hall 53095 Main Road. EO. Box 1179. Southold. New York 11971-0959. on ~ JULY 24. 200_8; miaimum a~d for a swimming pool located ~n a side y~d ra~er than ~o~e ~quired front yard or rear yarff for &~wa~ont pare~, ~ted at 6~5 Pete's D~ve at ~ng Is~nd So~d, Or - cng ~ 1~2~23. . oy~)~y T~E~y ~d BAR- EastM~on adjacent to Gardiners Bay; ances under Sectin~ ~0-114. based ov the Building Inspector's amended March R 9'.30 A..M. J;,an? A. MAZUR #9~76. 28, 2008 Notice of D sapproval, for the 2~e0q_.u~es?.mr. vanances ~n~er Seedon . re~on that the proposed second-story -l-~q, oaseo on the Building Inspec- ;~dOition and alterations to the exist tor's June 27 2008 amended Notice of in£ ~l~l¢-familv dwellino wg not mae tsappr{~)?l concerning a pro.sad the c0de~required minimum 15 feet on deck addition to dwelling at las[ thl~ 35 a single side yard and will exceed the feet from the front lot line and proposed code limitation of 20 percent for lot lot coverage exceeding the code liml- erage. Location of Property: 3025 Pin~ tafiOn of 20%. at 3200 Camp Mineola Neck Road adjacent to $ockey Creek. Road~(and Fay Court}. Mattituck: CTM Southold: CTM 70-6-18 123-5-36.2 '2:30 P.M. Reserved Heating (Ca~ 9'~5 A.M. STEIN FAMILy TRUST ryover): JOHN SCOURAKIS =6157. ~79. Request for Variances under Sec- Request for Variances under Sections tracts 280-15 and 280-124B, based on thc 280-124 and 280-116, based on tho Build ino si~ole ~ami~,, dwelI;~'~ '~;~ ~ ~.c. :,~x?~r-~.n~ ~ ~g ~ut a front yard setback at less than the eedez lng building), for the reasons that: (D re~tu!(ed 35 fe~t, (b) an adrli[ipn [p the the setback from the top of the Uluff ex?tm.g a?e)s~.ry garage which is r~- a.d]99~nt to the Long Island Sound will qmrea to oe_m me rear yard, (O-ag, hew - b~e t~gS;~n 10~ ~eei?(R) the fi~tninti~m eonstmctioh wilt 6xceed the code limita- code standards under Sections 280-9 and tion of 20% maximum lot coverage. Lo- 280-10 reqmre a minimum of 15 feet on canon: 2535 Cedar Lane. East Marion: a singin sid~ and minimum 35 loet eom- STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th day of May, 2008. Principal Clerk .me this day of cod~-r~d40~OO?sq~Ie~i; , ditlons an~ altera~ons to the existing (2)' aliditinns ,a~d'. ,~lt~a,fib,~s i are s~gle-fan~iiy dwelling. ~ae r,o~ons for which .~ '~: ,u3~ p~gp ~,fr ~ f y~d in the degree of noncorfformance when Greefinore tTPM iBO0~ 54375 Main Road (Ollic~ Locatmn, CHRISTINA VOLINSKI NOTARY PUBHc. SrATE OF NEW YORK No. 01-V06105050 Qualffie~ In Suffolk County From: penny burnham <pburnham@optonline.net> Subject: Variance ,/6156 Date: May 18, 2008 3:59:39 PM EDT To: Linda. Kowalski@Town. Southold.ny. us To The Southold Town Zoning Board, b--IV3ddV dO Q~IVO8 800Z 8 ~ AVll We strongly oppose the additions and alterations requested by Eve Seber and Carlo Voelker (#6156) to the property at 3025 Pine Neck Road, Southold. As owners of the adjacent property at 3155 Pine Neck Road we feel that: · The deck is already too close to the property line. Extending it will bring it even closer to the line and require the removal of mature oak trees. · The proposed pool and parking area with relocation of the garage/barn will effectively pave over the rest of the lot with the parking lot butting up to our fence. This will also require the removal of trees and bushes making the area look more like Queens than Southold. It would be less objectionable if the plans included a 12' buffer zone between our fence and the parking lot planted with fast growing evergreens such as Leyland Cyprus. This would at least give the illusion that we still live in the "country." Thank you for your time and consideration, Charles and Penny Burnham MAY 2 8 2008 BOARD OF APPEALS Kowalski, Linda From: Sent: To: Subject: Follow Up Flag: Flag Status: penny burnham [pburnham@optonline.net] Sunday, July 20, 2008 12:19 PM Kowalski, Linda [NEWSENDER] - Variance #6156 at 3025 Pine Neck Road, Southold - Message is fr~:~..~n unknown sender To The Southold Town Zoning Board, Thank you for acting on our objections to the additions and alterations requested by Eve Seber and Carlo Voelker and passing these concerns on to them. As a result, the size of the deck has been altered to keep it away from the property line and save the healthy oak trees. Also, they have graciously agreed to do extensive planting of large evergreen trees to hide the parking and pool areas. This will help ensure our privacy and keep the "country look" in Southold. These measures have taken care of our main objections and we feel Ms. Seber and Mr. Voelker should be allowed to proceed with their plans. Our note about the power line going over the pool was concern for their safety and we understand that it will now be going underground. Thanks again for your time and consideration. Charles and Penny Burnham 3155 Pine Neck Road P.O. Box 65, Southold Please acknowledge receipt of this email. From: penny burnham <pburnham@optonline.net> Subject: Variance 86156 at 3025 Pine Neck Road, Southold Date: July 20, 2008 12:19:08 PM EDT To: Linda. Kowalski@Town. Southold.ny. us To The Southold Town Zoning Board, Thank you for acting on our objections to the additions and alterations requested by Eve Seber and Carlo Voelker and passing these concerns on to them. As a result, the size of the deck has been altered to keep it away from the property line and save the healthy oak trees. Also, they have graciously agreed to do extensive planting of large evergreen trees to hide the parking and pool areas. This will help ensure our privacy and keep the "country look" in Southold. These measures have taken care of our main objections and we feel Ms. Seber and Mr. Voelker should be allowed to proceed with their plans. Our note about the power line going over the pool was concern for their safety and we understand that it will now be going underground. Thanks again for your time and consideration. Charles and Penny Burnham 3155 Pine Neck Road P.O. Box 65, Southold Please acknowledge receipt of this email. OF SOUTHOLD !~OPERTY RECORD CARD -1¥ STREET.~'~,'" -x, ...... ~ .): VILLAGE ,~c,ORMER OWNER · DISTRICT SUB. ACREAGE LOT OF BUILDING RES. ? /6~r,J SEAS. LAND IMP. AGE VL. FARM TOTAL DATE REMARKS BUILDING CONDITION L - ~' ?/,/ NEW NORMAL Farm 'Acre Tillable 2 BELOW ABOVE Per Acre Value 3 Tillable Woodland Swampland B rush I~!~d.,.~, House Plot Total Extens!o~h'~ ~3~ I Basement i ?~ Fl~rs Ex~i°~ //Z/~ /~ .~ ~t' Walls ~r~{. Inted°r Finish ~xten~ J/ZZ~ Z~f_ ~ ",/"; 7 ~,~ ~ 7~ Fire Place J Heat ~' ~ . ~ Porch Attic ,~e~ t/x/~: IV~ Porch Rooms 1st Floor .B~~ ~z ~Z ~ t~F Patio R~ms 2nd Floor Garage ~ ~' 2 ~ = ~Z~ / ~ p ~ 0' x Driveway ~, ~ / ~:~-_~ ;~. I0 EXISTING LOT COVERAGE FOR PARCE$ ! OVER UPI~4ND AREA (24,!!5 sq, /') DESCRIPTION HOUSE GARAGE SHED WOOD DECKS ~ WALK ASPHALT PAVEMENT TOTAL AREA LOT COVEEAOI 2,564 sq. fA 10.7% 250 ~4, ff. 1.0% 10' sq, ff. 0.5% ~.219 sq. ff. 5.1% 751 sq. fl. 3.1% 4,9~1 sq. ft. 20.2% PROPOSED LOT COVERAGE FOR PARCEL ! ~,,g UPlaND ARRA (24,115 sq. fl) 527.7' 4,3.t E 21.28' I6 7 -16 O '55'20" ,,.~ 85 WIRE 0 0 0 S 85'55'20" W ROAD pINE NECK SURVEY OF PROPERTY SITUATE PINE NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-18 SCALE 1"=30' NOVEMBER 28, 2007 FEBRUARY 4, 2008 ADDED PROPOSED ADDITIONS MARCH 2~, 2D08 ADDED LOT COVERAGE AREA = 47,520 sq. ff. (TO nE LINE) 1.091 ac, 250 sq. ff. X 0.17 -- 4~ cu. FI. USE) HO LOT AREA DATA PARCEL 1 27,274 sq. ff. 0.626 oc. PARCEL 2 20,246 sq. ff. 0.465 oc. TOTAL 47,520 sq. ff. 1.091 ac. APR - 7 2008 BOARD OF APPEAL. NOTESL 1. ELEVATIONS ARE REFERENCED TO N,G,V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:2ao EXISTING CONTOUR LINES ARE SHOWN THUS: - -- 20 ..... THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT 6UARANTEED. NYS, tic No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 21 1.2A(c) 22 9Afc} 1.4Mc) 2 9.2 4? 41 45.5 SEE SEC. NO. 063 Town Creek TOIN OF $OUTHOLO 72,3A(c) / / 40 ¢ @ dUL 2 ! BOARD OF/~ sOUr HOLD BAY PPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- ~'~0 ' (~ [~ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, [/,)~,I-IA~¢,~ ~'b13-~,~,~ residingat ~74(.S" i~.X. IO '~..% I gvi~-l~--~l'~ , New York, being duly sworn, depose and say that: On the ['~'[~'~ day of ll,~q_ .2~C~ , 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 confim~ that the Poster has remahmd in place for seven days prior to fi/at date of the subject heating date, which hearing date was shown to be M,i.v%-~ ~' '~ ~l.,'O~ . Sworn to before me this -dayof , 00 ~" f54qotary Public) RECEIVED MAY ! .9 2008 ZONING BOARD OF APPEALS *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 3811, February 2004 B. Received b If YES, enter [] Agent [] Addressee address below: [] t,4AY 15 2008 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7006 0100 0004 4072 0164 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery ks desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Agent [] Addressee C. Date of Delivery 3. Service 9 [] Registered [] Insured Mail [] C.O.D. )t for Memhandiee 4. Restricted Delivery? (Extra Fee) [] yes 7006 0100 0004 4072 0201 2. Article Number {Transfer from service label) PS Form 3811, February 2004 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CrMParcel #1000- "70 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the ('-~"~' ,day of ~t.~'aI ,~.OO~), I persoually mailed at the United States Post Office in ~L~-'r'TI,I?.a~Y~ , New York, by CERTIFIED MAIL, RE'I2JRN 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 w/th the (~0)~ssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv?e street, or vehicuhr rigbt-o£-way of record, surrounding the applicant's property. SWorn to before me this o/o~°q:lay of ~ ,200 ~/ JAYNE P. Notary Publ!c, $!ate Of !,':' ~ York ffJ ~om~ Public) - PLEASE list, on the back of this ~l~vit or on a sheet o[ pa~r lhe lol numbers li~Xi to lhe o~er names and addresses for which notices were mail~. Tha~ you S0.42 $2.70 $2.20 ~).00 ~ Postage $0.59 -~' Certified Fee $2 · 70 1::3 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $o.~9 (Endor. ment Required)] 05/15/2008 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Seber, E. & C. Voelker #6156 MAP #: 70-6-18 APPEAL: Setbacks and Lot Coverage REQUEST: Additions/Alterations DATE: THURSDAY, May 29, 9:55 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http ://southtown.northfork.net May ,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 12~: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to aI. JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment roils maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than May 13tu: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 21st: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq prior to May 29, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 April 22, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6156 (Seber) Dear Mark: We have received an application concerning a second story addition to a dwelling on Jockey Creek in Southold, and shown on the enclosed site map. On January 7, 2008, you issued an LWRP determination of consistency for Trustees based on a lot size of 47,520 sq. ft. However, the lot was recemly split requiring a variance and possible a new Trustees application for 20.8% lot coverage on a lot size of 27,274 sq. fi. Copies of the current 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, as amended for the lot split. Thank you. Very truly yours, GERARD P. GOEHR1NGER Chairman By: 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 22, 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: Appl. No. 6156 Action Requested: Within 500 feet of: Seber Setback and Lot Coverage Variances ( ) State of County Road ( X ) Waterway (Bay, Sound, 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, Gerard P. Goehringer, Chairman By:. Enclosures O_Q_ffice Locatio:!: Town Annex/Fkst Floor, North Fork Bank 54375 Main Road (al Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FACSIMILE TRANSMITTAL SHEET Fax # Date: G COVER: 765-1809 (press 1 at voice recording) REFERENCE:: [] UR(;ENT [~"FOR YOUR UPDAT£ [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the foUowing: Thank you. Sender's Initials: 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To: From: Zoning Board of Appeals Date: COMPTY~,' TOTAL NO. OF PAGES INCLUDING COVER: ¥ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Rel REFERENCE: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ................ NOTES/COMMENTS: --Please find attached copy/copies of the following: Thank you. Sender's Initials: