The URL can be used to link to this page

Home My WebLink About6178 APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva Jarn~s 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 ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF OCTOBER 16, 2008 RECEIVED ~L~ Town Clerl~ ZBA # 6178 - EDWARD BONDARCHUK, Applicant PROPERTY LOCATION: 650 Blue Marlin Drive, Southold CTM 1000-57-1-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 24, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 24,362.20 square foot non-conforming parcel in the R40 District with 100 feet along Blue Marlin Drive, 100.01 feet along Shelter Island Sound, 243.76 feet deep on the easterly property boundary, and 243.93 feet along on the westerly property boundary. It is improved with a single-story single-family frame house with garage as shown on the June 6, 2001 survey prepared by Nathan Taft Corwin III. BASIS OF APPLICATION: Request for Variances under Sections 280-116B, based on the Building Inspector's December 10, 2007 Notice of Disapproval concerning an as-built hot tub and deck in a location at less than 75 feet from the existing bulkhead. LWRP CHAPTER 95 DETERMINATION: A Letter confirming inconsistency dated July 21, 2008 was submitted by the Town LWRP Coordinator to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. A site inspection by the Board found that the applicant's bulkhead has been recently reconstructed and is in excellent condition, the bluff is vegetated and stable, the applicant's property is fiat and does not slope toward the bluff and there is a well Page 2 - October 16 ZBA Cf 6178 - Edward Bondarchuk, Applicant CTM 57-1-28 established 15' non-turf buffer consisting of gravel, sand and native grasses between the bulkhead and the applicant's as-built deck and hot tub. The Board finds that these conditions are sufficient to bring the application into conformity with the intent of the LWRP. RELIEF REQUESTED: The applicant seeks a variance for a non-conforming setback from his bulkhead and as built deck and hot tub. The hot tub is located on the easterly end of the deck and measures 6.5' x 6.5'. The deck measures 56.5' long by 12.9' deep for 45.6 'of that length, and 6.8' deep for 10.7' of the remaining length. The deck is approximately one foot above grade and enclosed by raised wooden planter boxes containing low evergreen shrubs. According to the applicant's survey by Nathan Taft Corwin III, Land Surveyor, dated January 30, 2008, the deck is located at 62' from the existing bulkhead and the attached planter boxes are located at 59' while the code requires a minimum setback of 75 feet. ADDITIONAL INFORMATION: There is a discrepancy between the Building Inspector's Notice of Disapproval dated November 27, 2007which locates the as-built deck at 56.5' from the bulkhead and the applicant's survey (see above) which locates the distance between the existing deck and bulkhead at 62' and the attached planter boxes at 59'. The applicant purchased the subject property in 2001 and applied for and received permits in 2002 from the DEC and the Trustees to rebuild his bulkhead and construct the as-built deck over an existing 60' concrete patio. Permits for the proposed deck were not obtained from the Building Department at that time. 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 not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Decks on the seaward side of properties in the applicant's neighborhood are common place. The neighbor directly to the east of the applicant has a small in- ground swimming pool and patio, the neighbor to the west has a large raised deck with railings, both of which are closer to the bulkhead than the applicant's as built deck. There is substantial evergreen screening between the subject property and both the neighbors to protect everyone's privacy. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The deck and hot tub are as built with a non-conforming setback from the bulkhead, and, since the applicant's house is setback from the bulkhead at 74.9' at the farthest point and 68.9' at the closest point, any proposed deck would require a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. The as built deck with attached raised planter box is 59' from the bulkhead where the code requires a minimum of 75' which represents a 21.3% variance. Page 3 - October 16 ZBA # 6178 - Edward Bondarchuk, Applicant CTM 57-1-28 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the applicant should have applied for a building permit for the as butt deck in 2002 when he received permits form the Trustees and DEC to build the deck and rebuild his bulkhead. 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. A site inspection by the Board found that the applicant's bulkhead has been recently reconstructed and is in excellent condition, the bluff is vegetated and stable, the applicant's property is fiat and does not slope toward the bluff and there is a well established 15' non-turf buffer consisting of gravel, sand and native grasses between the bulkhead and the applicant's as-built deck and hot tub. 6. Town Law q267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an as-built deck and hot tub, 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 variance as applied for, as shown on the survey by Nathan Taft Corwin III, Land Surveyor, prepared January 30, 2008, subject to the following Condition: The deck and hot tub must remain unenclosed and open to the sky. That this condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Weisman. (4-0). Members Oliva (Vice Chairwoman), Dinizio, Simon, and (Chairman Goehringer was absent.) This Resolution was duly adopted Ruth D. Oliva, Vice Chairwoman 10/ ~08 Approved for Filing R=tg. 13, / / / / / / $ -'/~, :ONING BOA~ID ElF APPEAL~ SURVEY OF LOT 7 MAP OF SOUTHOLD SHORES FILE No. 3853 FILED AUGUST 29, 1963 SITUATED A T ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-57-01-28 SCALE 1"=30' JUNE 6, 2001 dANUARY 50, 2008 MEASURE DECK AREA = 24,362.20 sq. fl. (TO BULKHEAD) 0,559 ac. CERTIFIED TO: EDWARD J. BONDARCHUK COMMONWEALTH LAND TITLE INSURANCE COMPANY EMIGRANT MORTGAGE COMPANY PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TI~J~ SURVEYS AS ESTABUSHED BY THE L.I.A. LS. ANB APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE :INAL MAP [EVIEWED BY ZBA tEE DECISION # ~ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC]ION 7209 OF THE NEW YORK STATE EDUCATION LAW, COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEN. OR EMBOSSED SEN. SHALL NOT BE CONSIDERED TO BE A VALID ]RUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, Nathan Taft Corwin III Land Surveyor Title Surveys -- Subdivisions -- Site Plons -- Construction Loyout PHONE (631)727-2090 FGx (631)727-1727 OFFICES LOCATED AT MAILING ADORE55 322 Roonoke Avenue P.O. Box 1931 Riverheod, New York 11901 Riverhead, New York 11901-0965 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 10, 2007 TO: Edward Bondarchuk 11594 Glowing Sunset Lane Las Vegas, NV 89135 Please take notice that your application dated November 27, 2007 For permit for an "as built" deck and hot tub at Location of property 650 Blue Marlin Drive, Southold, NY County Tax Map No. 1000 - Section 57 Blockl Lot 2__~8 MAY 1 9 2008 ZONING BOARD OF APP.;ALS Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 24,829 square foot parcel in the R-40 District, is not permitted pursuant is not permitted pursuant to Article XXII Section 280-116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, ripmp or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead.?- ~'~ · . . The as built construction is noted as being +/-56.5 fe~ ~b~th~e existing ~lk~l~ead. This Notice of Disapproval was written based on a survey approved by the New York State DEC~ dated March 21~ 2003. CC: file, Z.B.A Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICAT~ TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $__ Filed By:~ Office Notes: Date Assigned/Assignment No. ~t { House No.(0~O Street BL~. ~.~'~3 ~)tt~Xt'~' Hamlet SCTM 1000 Section ~1 Block ~ Lot(s) ~ Lot Size .~9 ~C Zone I ~) APPE~ T~ ~EN DE~ATION OF THE B~LDING ~SPECTOR DATED ~t~ IO ~7 BASED ON M~ DATED ~ ~1 Applicant(s)/Owner(s): ~ a b ~o~ ~ ~ MailingAddress: ~0 %LO~ ~ ~ ~ ~ ti Telephone: ~ ~$~ ~ Fax g: Emafl: ~ ~ ~ ~. NOTE: In addition to the above, pl~ ~mplete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, ere. an~ name of per~n who agent repre~enta: Name of Repr~emafive: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above nam es: ~Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATEDi~&. ~.l ~ and DENIED AN APPLICATION DATED i~ I~ ,/g~o? FOR: [] Building Permit [] Certificate of Occupancy El Pre-Certificate of Occupancy [] Change of Use ~'Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~:..~ Section 280- ! I ~ Subsection R Type of Appeal. An Appeal is made for: l~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~has not been made at any time with respect to this property, UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) NameofOwner: ~'t)~ {~lo~4/~a~.b~o}4-. ZBAFileg REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ~ ~p~ ~ t~Pk5 f-O/~{'~O~ ~ (2) The benefit sought by the applicant C~NOT be achiev~ by some method feasible for the applicant to pursue, other than an area variance, because: ~ ~ ~& ~ t'~ &~ (3) The amount of relief requested i.s not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or dislTict because: .-~ ~l._e~ t.,J~,.$ ~O~I.'T G~/'$~ ~ Cm.~t.~'Pg~ ~..~ On'Ho. (5) H. as the. alleged difficulty been self-created? (~)Yes, or ( )No. ~ Are there Covenan~ and R~trictions concerning th~ land: ~o. ~ Yes (Mease ~rn~h cop~). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF .4 USE V.4RIANCE IS BEING REQUESTED, .4ND PLEASE coMPLETE THE ATT.4CHED USE V.4RL4NCE SHEET: (Please be sure to consult your attorney.) Signature of Ap~eJlant or Authorized Agent ~}/~ ~-~/ (agent must submit written Authorization from Owner) /~~ 2~~Sw°rn to ' ~re me this ~,-~v ~ Nota~ry Public ~ '~ / ~ ~ Claire L. Glew Notary Public, State of New York No, 01GL487950§ Qualified in Suffolk County Commission Expires Dec. 8, "~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 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 locaI determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~)099 TELECOPIER (631) 853-4044 d '" OFFICE I~CATION: Town Hall Annex 2- 54375 State Route 25 (col Mann Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: MEMORANDUM Gerard Goehringer, Chair Members of thc Zoning Board of Appeals Mark Terry, Principal Planner LWPd? Coordinator JUL 2 2 2008 BOARD OF APPEALS Date: July 21, 2008 Re: Request for a Variance Bondarchuck ZBA#6178 The proposed action which 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 INCONSISTENT with the below listed policies and therefore is INCOSISTENT with the LWRP pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The setback from the as-built deck to the wood retaining wall (bulkhead) is 56.5 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adiacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3- 1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead...." Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. Figure 1. Bondamhuk Residence Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me with any questions. Cc: Kieran Comoran, Assistant Town Attorney Scott Hilary, LWRP Coordinator Albert J. Krupsld, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0023C Date 1/24/05 At THIS CERTIFIES that the bulkhead 650 Blue Marlin Drive, Southold is The certificate is issued to Edward J. Bondarchuk aforesaid property. Suffolk County Tax Map # 57-01-28 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 12/30/02.pursuant to which Trustees Permit # 5691 Dated 1/22/03 Was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued reconstruction of bulkhead, cover existin~ oatio, and leave a 15' buffer- owner of the Authorized Signature DEC PERMIT NUMBER 1-4738-03123/00001 FACILITY/PROGRAM NUMBER(S) I PERMIT Under the Environmental Conservation Law EFFECTIVE DATE March 21, 2003 EXPIRATION DATE(S) March 31, 2006 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate · Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [3 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Edward Bondarchuk ADDRESS OF PERMITTEE 650 Blue Marlin Drive, Southold, NY 11971 ITELEPHONE NUMBER (631)765-9165 CONTACTPERSONFOR PERMI3q'EDWORK Susan E. Long Permits, P.O. Box 46, East Marion, NY 11939-0046 NAME AND ADDRESS OF PROJECT/FACILITY ITELEPHONE NUMBER (631)477-0274 Bondarchuk property, 650 Blue Marlin Drive, Southold SCTM #1000-57-1-28 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk SouthoId Shelter Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Remove and replace 100 feet of bulkhead in-place using vinyl sheathing. Construct two 10 foot returns. All work must be done in accordance with the attached plans stamped NYSDEC approved. The property landward of the bulkhead greater than 100 feet in length and constructed prior to 8/20/77, as evidenced on aerial photograph #73-2046 by Aerographics Corp. dated 4/6/76, is beyond Article 25 (Tidal Wetlands) jurisdiction. 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 (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ~DDRESS John A. ~Vieland (LJS) / I/Re,lion I Headquarters, BId~]. ~.40, SUNY, Stony Brook, NY 11790-2356 1000-$7-1-~0 Old I~'o~cville, NY 11545 1000-57-1-13 Aldo & O]ts Bl~.o~i~ A t,-1 ~ W -- r / GLAN4P TIE I~0~ /1~. O5 5 ~E¢TI~DM CON 5-r'~ 0c.1'1 o N Dist. I000 Sec, 057.00 Lot(s) 028000 PI: 25 (9/75) Slandard N,Y.f U Form 8005 - B-Administratol's Deed TIllS INDENTURE, made Ihe ~ dayof ~Lt W~q , Two Thousand One '~'~ ~m~ ~ ~t"~rr s~ ~ n'*d~fi~lV Itl~l'a II'~ as distributees of the Estate of Louis Ramunni Oescfibed according to said map as foliows: /15 r'logtc ~/VLIIC,%.d/gL-/ ~0IL/~[/5{,9 ad /Ukrg,'/) $'¢t$cl~te- e at thc BEING A~D INTENDED ']FO BE tile same premises conveyed by deed dated January 3, 1990 and recorded ill tile Office of the Suffolk County Clerk on January 1 I, 1990, at Liber 10998, Cp 127. Premises blown as aud by l[le s~reet address of 650 B ue Marlin Drive, Soulhold, NY. AND tile party of tfie first part covenants tfiat the party of Ihe first part has not done or suffered anyt fiing whereby tile said prenlises have been incunlbe{ed in any way whatever, except as aforesaid. IN WITNESS W}IEREOF, the par~y or thc first parl has duly executed this deed tile day and year first above writlen salJsfaclo~y evidence to be tile individual whose name is snbscribed to the within instrument and acknowledged lo hie Ihat tie executed the same in his capacity, and that by his signatttle on the instrument, tile individual, or tile person upon behalf of wbieb tile individual acted, On Ille day of in file year before me, the undersigned, personally appeared '['o be tt~e individual described in and who executed lite execute file same; anti that said witness al Ihe same Omc Administrator's Deed To Edward J. Bondarchuk Augello, Pezold & Hirschmann, P.C. 120 Main Street Huntington, NY 11743 p: (631) 427-0100 f: (63'l) 549-8962 satisfactory evidence to be the individual whose name is ale that she exec{ited~me~lll~lll~mll~iC~d ]hat Onthe ~ dayof ~{~ 2001 DISCTRICr 1000 SECTION 057,00 BLOCK 01.00 LOT 028.000 RECORDED AT REQUEST OF AUGELLO, PEZOLD & HIRSCHMANN, P.C. RETURN B'; MAIL TO: Thomas R. ltirschma.n, Esq. Attgello, Pezold & Hirschmann, P.C. 120 ]l~fttit! Street Httntin£ton, IV}' 117~3 ~mended 7/2/Q] TITLE NUMBER: L-277565-S ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 7, as shown on a certain map ~ntitled, "Map of Southold Shores at Arshomomaque, Town of Southold, County of Suffolk and State of New York" made by Otto W. Van Tuyl and Son, licensed land surveyors, Greenport, New York, dated July i, 1963 and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853, said lot being more particularly bounded and described according to said map as follows: BEGINNING at a point on the southerly side of Slue Marlin Drive~ distant South 58 degrees 14 minutes 36 seconds West, 181.26 feet from the extreme westerly point that connects the northerly side of Blue Marlin Drive and the southwesterly side of Albacore Drive, said arc of a curve having a radius of 19.13 feet and a length of 46.12 feet, said point of beginning also being at division line between Lot 7 and Lot 8 as shown on said aforementioned map; RUNNING THENCE along said division line, South 13 degrees 15 minutes 00 seconds East, 243.76 feet to the apparent hfghwater mark of Shelter Island Sound; THENCE South 74 degrees 09 minutes 10 seconds West, 100.01 feet to the division line between Lot 7 and Lot 6; THENCE along said division line, North 13 degrees 15 minutes 00 seconds West, 243.94 feet to a monument set on the southerly side of Blue Marlin Drive; THENCE along the southerly side of Slue Marlin Drive, North 74, degrees 15 minutes 20 seconds East, 100.00 feet to the point or place of BEGINNING. TOWN t)F SOUTHOLD BUILDING DEPARTMENT TO'~ N IIALL SOU'I HOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 x~s w. nor fhfork.net/Southold/ PERMIT NO. Board of Health 4 sets of Budding Plans Plamling Board approval · 20 Mail to: : ,~ ~ ~ APPLICATION FOR BUILDING PERMIT Date/'d0q'&6~ ~ .20 o7 . ~ ~ INSTRUCTIONS a This application MUST be completely filled in by t3q~exvriter or m ink and submlued to the Building Inspector with 4 sets of plans, accurate plot plan ~o scale. Fee according to schedule. b. Plot plan showh~g location of lot and of buildings on premises, relationship to adjoining premises or public streets or aleas, mid wale~vays. c The work covered by dm application may not be commenced before issuance of Building Permit. d. Upon approval of tiffs applicarion, the Building Inspector will issue a Btfilding Pe~it to Ihe applicant. Such a pcnnit slmll be kept on the premises a;ailable for inspection throughout the work e No building sball be occupied or used in whole or in pan for any pu~ose what so ever until the Building Inspector issues a Certificate (ffOccupancy. f. Eve~ building permit shall expire ffthe work anther{zed has not commenced within 12 months after the date of issuance m has ~lot b~cn completed within 18 months from such date If no zoni~lg axnendments or otbm regulafions affecting the property haxc been e ac ed he ~ e' n, e Bt i ding Inspector may authorize in writing, the exlcnskm oftke permit fm an addition six months. Tberea~er, a new pem~it sbalt be required. APPLICATION IS IIEREBY MADE to the Building Department for thc issuance of a Bu[hling Permit pursuant to the Bud g Z~ e )rd a ce o' e Tow~ ofSomhold, Suffblk County, New York, and ofimr applicahle Laws, Ordinances or Rcgulatious. for Ibe constlklction of buddings, additions, or Mtembons or for removal or demolition as hm tin described The appbcantagxees~ocomplvwithaHapplicablelaws, ord ances, b d gcode, bousingcode~andreguIalioas andtoadmit autboxized inspectors on promises alld h~ building for neccssaW Plspeclions. (. ignature ok ap~icant or name, ifa cmporafion) (Mailing address o f applicant) Slate x; hethcr applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber m buikter 0~ Name o f'oxx:ne~ o f premises ~'lDco .~- F(D ~'oS~..e h (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized ofricer fName and title of coil>orate officer) Buildels License No. Plumbers License No. Electlicians License No. Other Trade's LiceBse No. I. Location of land on which proposed work will be done: House Number Street Hamlet Coulll3 lax Map No. 1000 Section {73~'~'~ O'/.' ' Block Subdixision Filed Map No. (Name) Lot Lot 2. State existing use and occupancy of premises and Jnteli~ hse and occu.uancy of proposed comgtroction: a. Extstmguseandoccupancy t¢...(~ l h~t.. - iO/]¢d.7~ ~l tx'f~~ 3. Natute o f work (check which apl)licablc): New Building Repair Removal Demolition 4. Estimated Cost dp k\ toOo Fee 5. I f dwelling, number of dwelling units If garage, number of cars Addition Alteration 2 (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions; Front Depth. Height. Number of Stories 8. Dimensions of eatire new construction: Front Rear Depth_ Height Number of Stories 9. Size oflot: Front Rear Depth Rear 10. Date of Purchase I 1. Zone or use district in Milch premises are situated 12. Does proposed construction violate aey zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO >¢ Wiii excess fill be removed from premises? YES NO -k' 14 Names o£Owner ofpremises_E~)~o,41~ ~0*r~d~/~-Address ~,~80~ .,q,cd~4~t..,. Phone No. ~_/ 7_~_~_/_~? Name of Architect Address , Phone No Name of~ [OtkqP-t..~ ~:~NO,4-¢..¢~ Address Phone No. 80~. 52-~ }I~- 15 a. is this property xvithin 100 feet ora tidal wetland or a fi-esbwater wetland? *YES ,K" NO * IF YES, SOUTHOLD TOWN TRUSTEES & D:EC PERMfFS N?,Y BE REQUIRED. b s s properly within 300 feet of a tidal wetland? * YES NO -~ * IF YES. D.Ii.C. PERIMITS MAY BE REQUIRED 16. Provide survey, to scale, with accurate foundation plan and dis(antes to property lines. 17. It elcvation at aoy point on property is at I 0 tbet or below, must provide topographical data on survey. 18 Are there any covenants and reshictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. SIAiE ()1; NEW YORK) SS: COUNTY OF S~J~ __ ~,.2t'~-~l~..~ ~t4f~'S¢'~ .... bemgdulysvoin, deposesa dsavst~at(s)heistheapplicant (Name o£ individual signing contract) above named, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~--l>t,.)/&~-8 i~t~¢Jnol~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or,New Additions/Extensions): Dimensionsoffirstfloorextension: 3~ ~otL~' ~cE, OJC &6! ~ ~f' Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and Gene.ral Character/sties BEFORE Alterations: ~'~,5~'~ Number of Floors and Changes WITH IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2- ~'o/ Proposed increase of building coverage: ~ ~' Square footage of your lot: Percentage of coverage of your lot by building area: :~'~ $~,2, ~o V. PurposeofNewConstruction: "t'~- /5~c~. ~°,~o~q~"s'4 ~,4~,t~,a~' VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This ~sessmcnt is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Buihting Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions m Section C, the preparer of this form slmuld review tile 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 any question in Section C on this form is ans~vered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the 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.northfork.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 SCTM# IOOO .~? - I ' 2.~ 'The Application has been submitted to (check appropriate response): Xown oa 7-1 lann g oard--1 ilai gOept. oa o Trn tees 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) -(6)---- ~P~it, approval, license, certitichfio-rii Nature and extent of action: Location of action: Site acreage: . Present land use: ~[.$ ~ ;t~/-l~A L., Present zoning classification: ~'~ - 4~0 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: (c) Telephone number: Area Code ( (d) Application number if any:. ~Cut 119'"/I Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~ If yes, wlfich state or federal agency? C. 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. Attach additional sheets if necessary - --~6liEyZ. Protect and-pres~-fFC~-ffi'slo~i¥-a~t~-r~l~ae~ olb~g ci~l F~6OF~:~s-~ the Town of Southold. See LWIRP po.des Pa . 3 th oa h for ewloation criteria [--] Yes ~-] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~] Yes ~ No [~NotApplicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resonrces from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [--] Yes [--] No ~ Not Applicable Attach additional sheets il' necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evalnation criteria ~-] Yes [-~ No ~7~Not Applicable Aitach 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_k_P_ages 22 ['-] 'Yes [] NO ~]~N°t Appi~c~bie 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 evaloation criteria. ~ Yes [--] No ~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes.~ee LWRP Section II1 - Policies; Pages 34 through 38 for evaluation criteria. [~ Y. es ~-~ No~lr~l Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes[-~ 1No~NotApplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. _[2~ y~ ~-~-N0 ~6~-AP-15Iicab3~ ............... Attach additional sheets if necessary Policy ll. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie gstuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evahtation 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 evaluation criteria. ['-q Yes [~ No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [--] No [~Not Applisable Created on 5/25/05 11:20 AM 617.21 Appendbc C State Environmental Quality R~view SHORT ENVIRONMENTA~ ~SSESSMENT FORM For U1VZISTED ACTIONS Only PART I - Project ]a.t'orraation (To be complete by Applicaat or Project sponsor) 1, Applicant/Sponsor 2. Project Name SEQR 3. Project location: Municipality County 4. Precise location (S~'eet address and road thtemections, prominent landmac~s, etc. or provide map) 650 proposed action: NEW ( ) EXPANSION (~ MODIFICATION / ALTERATION 6. Descdbe project bdef~y: 7. Amount of land effected: Initially: - ~'~'~ acres; p4"/7b Ultimately: ' '&~"~9 acres ~Ct~ :z9 G' G 8. Will proposacl ao~ion comply wffh existing or other existing land use resth¢~lons:( ) YES ('~ NO It No, riescdbe briefly: 9. What is present land use in vicinity of project: (describe): (,)~r~Residential ( ) Industdal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a pen'nit approval or funding, now or ultimatety from any other Governmental agency.(Federal. State or Local) ? { ) YES ( ~'NO If Yes. list ag~acy{s) and p~mti/approvais: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES ( ,~"NO If Yes, list agency(s) and permil/approvais: 12. As a result of proposed action, will existing pen'nit/approval require modiflcatJon? I( ) YES (J~)'NO If Yes, list agenoy(s) and permtl/approvals: I certify that the information provided above is true to the best of my kqowledga IApplicant / Sponsor Name: ,~ Data: Signature: ~.~~ If the action is in the Coastal Area, and you at~ a state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FOR FIl JNG WlTI:I YOUR Z.B.A. APplICATION A. Is the subject premises listed on the real estate market for sale? [] Yes II/No B. Are there any proposals to change or alter land contours? ,~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? /J o 2) Are these areas shown on the map submitted with this application? ~to7 /~P,~ c,a~/.~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? t~./l~, Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~0 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /~tO~ ~' (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? 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? the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel ~t~4~.ff and proposed use ,.$t~,~' t,a ;nnn (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Sig4~ture and Date 2/05; ~/07 II~NSAOI'IONAL DISCLOSURE FOI~ APPLICAB'~ TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in thc name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) ' Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, - .Relatlons~hh!p ~n~c. ludes by_ blood m. arriage, or business intere~l "__B~siness interest" means a bnsines~ ~artnership, in which the Town offic,.-,' or em 1o ee has even a artial ownershi of or ~ment b a co oration in which the Tovm officer or em Io ee owns more than 5~ e YES NO ,~ If you atts}vered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corpomti0n); _ __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _ C) an officer, director, partner, or employee of the applicant; or ~ D) the actual applicant. DESCILIPTION OF RELATIONSHIP Submitted this ...~O Si-na~ ~ day o~f~,~ Print Name:~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 1197 ! -0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 22, 2008 Mr. Edward Bondarchuk 11594 Glowing Sunset Lane Las Vegas, Nevada 89135 Re: ZBA #6178 - Bondarchuk Variance application Dear Mr. Bondarchuk: Transmitted for your records is a copy of the Board's October 16, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Buildina Department Town Clerk (Original for filing) Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 23, 2008 Zoning Appeal No. 6178 Transmitted herewith is Zoning Appeals No. 6178 of Edward Bondarchuk- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Edward Bondarchuk Listing the Following: Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Notice of Disapproval, Copy of Building Permit with Disapproval Dated 12/10/2007, Survey with Proposed Changes Prepared by Susan E. Long Permits, Survey of Property with Changes Prepared by Nathan Taft Corwin III, Land Surveyor, 5 Pages of Drawings of Property Before Deck & Hot Tub, with Deck, With Deck & Hot Tub, Rear of Property & Deck Construction, Construction of Hot Tub, 5 Photos of Property, Copy of Deed Showing Angelo P. Ramunni & Susan Randleman to Edward J. Bondarchuk, Schedule A Description, 2 Pages of Property Record Cards, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Board of Trustees Certificate of Compliance, Permit for Bulkhead for Property from DEC, Cross Section of Bulkhead and Material List Prepared by Susan E. Long Permits. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 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. 6178 (Bondarchuk) Dear Mark: We have received an application concerning an as-built deck and hot tub on premises on Shelter Island Sound in Southold, and shown on the enclosed site map. 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. Thank you. Very truly yours, GERARD P. GOEHRINGER Chairman By: APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 22, 2008 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 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. 6178 Action Requested: Within 500 feet of: Bondarchuk Bulkhead Setback Variance ( ) 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 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/20/08 R£c_~.r ZBA # NAME CHECK # AMOUNT TC I~,~'~P MAY 2 2 2008 61 78 Bondarchuk, Edward 281 $400.00 Si)uthold Town Clerl~ ;400.00 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/22/08 * * * RECEIPT * * * Receipt~: 19303 Transaction(s): 1 1 Application Fees Reference Subtotal 6178 $400.00 Check#:281 Total Paid: $400.00 Name: Bondarchuk, Edward 2600 S Town Center Dr2143 Las Vegas, NV 89135 Clerk ID: CAROLH Internal ID: 6178 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michacl A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · 1ZO. Box 1179 Southold, NY 11971-1')959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 25, 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~ SEPTEMBER 25~ 2008: 9:30 A.M. EDWARD BONDARCHUK #6178. Request for a Variance under Section 280-116B, based on the Building Inspector's December 10, 2007 Notice of Disapproval concerning an as- built hot tub and deck in a location at less than 75 feet from the existing bulkhead, at 650 Blue Marlin Drive, Southold; CTM 1000-57-1-28. 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: August 28, 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 · Complete Items 1,2, and 3. Ales complete Item 4 if Rsstricted Delivery Is desired. · Print your name and address on the reveres so that we can tatum the card to you. · Attach this card to the back of the mailplace, or on the front if space permits. Article Number 4. Restrict ed Deliver? (Ex~a F6e) 7007 3020 0002 7798 8558 ES]Yes PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 It Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. , address different fTom Item 1 ? If YES, enter deliver/address below: [] No 2. A~lcle Number 0-~ from sen/ce/abe0 PS Form 3~11. FRhnmn/ 7007 3020 0002 7798 8565 · Complete Items 1,2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplese, or on the front if space permIts. 1, Articie Addressed to: If YES, enter delivery address 7007 3020 0002 7798 8572 2. A~icle Number {Transfer from sen/ce fab~ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~O~ VILLAGE DIST. SUB. Y"' LOT ,/J ? -, Wrn 7~, j~6//l~,~ea~x'~t~'~V / ~P S W ~PE OF BUILDING AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 2 Tillable 3 W~dland Swampland FRONTAGE ON WATER J Brushland FRONTAGE ON ROAD House Plot DEPTH Total D~K -- IF~,,naation ~ Bath ~ Dineffe ~e~i~ ~t. Walls ~~ nterior Finish LR. Type Roof ~ [~ms 1st Floor BR. Br~z~ Driveway Petio ~ O.B. Total 88/28/2888 14:35 63176S9064 ZON I NGBDOF~PEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: I~W YORK Iu the Matter of the Application of CN~r~e of Appli,o~ts) PAC~ AFFIDAVIT OF SION POSTINO 06/86 Regarding Posting of Sign upou Applicant's Land tdontified ~ooo- S? i - 2-8 COUNTY OF SUFFOLK) STATE OF NEW YORK) <~ ~ , New Yo~, ~ing duly sworn, de~ ~d say Poster, ~th tho date ofh~ing and ~ of my application noted the~on, secu~ly u~n my pro~, Io~t~ ~n (10) ~ or closer from ~e stol or g~t-of~v (~ve~y enlr~ce) - facit~ ibc s~t or ~i~ each s~t or fig~f-~y on--ce;* ~d ~t [ hereby c~ofi~ ~at the Poster Im$ remaillcd i~ pla~ tbr s~en days prior to tl~t date of thc sttbi~t hcadng date, which hosting dsc ~s showu to bc ~~ Sl~,orn to bcfolc me. this ,200¢ *near the cntmn~ or driveway entTafic~ of my property, a~ the arcs most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- 57 COUNTY OF gUTFGLK) STATE O~) ~ous~.~c~o~. residing at {~5o ~l.s.~ l'q,~l.~,~ blt. xq'f. New York, being duly sworn, depose and say that: AFFIDAVIT OF MAILING S On the O"t'k day of~.i~'rr.~l~es~. .2~:~!b , I personally mailed at the United States Post Office in ~J.~t~r~ Idi,C'~,la,n, , tq~ by CERTIleIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 I~Assessors, or ( ) Comity Real Property Office __, for every property which abuts and is across a public or priv,%~e street, or vehicular right-of-wa) of record, surrounding the applican!'s property. (S(gnature) Swe.,grn to before p~e ;this day of'~-/~/:~lq , 200~ PLEASE list, on the back of tiffs Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses tbr which notices were mailed, Thank you. #8997 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 11th day of September, 2008. Sworn to before me this N1FEH STORK # 6187. Request ilar Variance~ un~r Seetiom 280-116 and 280-124, based on the Building Inspec- LI[CJ~L NOYICE tor's May 15, 2008 Notice of Disapprov- SOUTHOLD TOWN ZONING al concerning a proposed new dwelling BOARD OF APPEALS (after demolishing the existing building). THURSDAY, SEPTEMBER 25, 2008 ' The new dwelling is proposed at less PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold. the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, g309g Main ~oad, P.O. Box 1179, Southold, New York 11971-0959, on ~LIRSDAY. SEP- TEMBER 25.2008: 9:30 A.M. EDWARD BOND- ARCHUK g6178. Request for a Vari- ance under Section 280-116B, based off the Building Inspector's December 2007 Notice of Disapproval concerning an as-built hot tub and deck in a loca- tion at less than 75 feet from the exist- in8 bulkhead, at 650 Blue Marlin Drive, Southold; CTM 1000-57-1-28. 9:45 A.M. PAUL S1LANSKY g6203. Request for a Variance under Section 280-124, based on the Building Inspec- toffs July 21, 2008 Notice of Disapproval concerning a proposed dwelling on a nonconforming 14,000 square foot par* col, with a lot coverage exceeding the c6de limitation of 20% for all building area, at T/0 Pinewood Road, Cutchogue; 10:00 A.M. ARTCO and COAST- q[ANE CESSPOOL & DRAIN SER- ~VICE #6200. Request for Variances un- der Section 280-64A add 280~54C, based on the Building Inspector's May 15, 2008 Notice of Disapproval concerning a pro- posed new building for use as a cesspool and drainage company. The reasons for disapproving the buiRYmg permit appli- cation are: (1) the proposed construction is less than the code-required minimum of 100 feet from the right-of-way of each Corporate Road and Commerce Drive, and (2) the proposed building will have a building linear frontage greater than the code maximum of 60 linear feet along one street. Location of Property: 52.5 Commerce Drive, Cutchogue (North Fork Industrial Park LoX 9); CTM 1000- 96-1.1.6. Zone District: Light Industrial; Lot Size: 47.344 square feet. 10:15 A.M. ROBERT SOMMER- V1LLE #6204. Request for a Variance under Section 280-15, based on the Building Inspector's June 10, 2008 No- tice of Disapproval concerning a pro- posed accessory garage with a size that will. exceed the code maximum of 660 square feet on this 14,600 square foot lot, at 545 Hummel Avenue, S~uthold; CTM Parcel 1000-63 2-18. 10:45 A.M. JOHN GATANAS #6201. Request for Variances under Section 280-124~ based on the Building Inspec- tor's July 1, 2008 amended Notice of Disapproval concerning a proposed dwelling, after demolishing the exist- lng dwelling and accessory garage. The reason for disapproval of the building permit application is that the new con- struct will be less than the code required minimum of 35 feet from the front yard lot line and rear yard lot line. Location of Property: 445 Central Drive, Malfit~ck; CTM 1000-106-3-22. 11:10 A.M. JAMES and MAE MAU- RI #6199. Request for a Variance under than 15 feet on a single side yard, less than 35 feet on total side yards, and less than 75 feet from the existing bulkhead adjacent to Great Peconic Bay. Location of Property: 3270 Pecoui¢ Bay Boul~- yard, Laurel; CTM 128-6-8. 1:45 EM. Carryover: PINE NECK HOLDINGS g6180. Variance for deck addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Romt~ Southold; CTM 70-8-40. 2:00 EM. HENRY TRAENDLY and BARBARA A. CADWALLADER ~6154: South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. . A) ZBA ~6207 - This is a request for Waiver of Lot Mercer under Article II, Section 100-26, based on the Building Department's July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14, are merged pursuant to Section 280-10, which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An ad- jacent lot is one which abuts with th~ parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements.." B) ZBA #6154. (Carried from July 24, 2008) - This is a request for Variances under Section 280-124, based on the Inspector's July 2, 2008 Notice of Dis- approval concerning the applicants' proposed additions and alterations to an existing single-family dwelling, with demolition of an attached deck (pool surround). The reason for disapproving the building permit application is that the proposed work will result in ~be ex- isting accessory s~nming pool being located in a yard other than the c~de-re- quired rear yard, at 1070 Critten's lame, Southoldt CTM 1000-70-12-9.2. 1:00 EM. HOWARD mid DORO- THY ZEHNER g6197. Request for a Varianc9 under Section 280-124, based on the Building Inspector's Ju~e 27,2007 amended Notice of Disapproval con- cerning a proposed addition and altera- tions to an existing single-family dwell- lng, for the reason that the new construc- tion will be less than the code-required minimum rear yard setback of 35 feet, at 650 Moore's Lane North, Greenpor~ CTM Parcel 1000-33-2-40. 1:15 RM. RONALD POLLIO g6205. Request for a Variance under Section 280-124, based on the Building lnspec- tor's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot par- col, which new constmctinn will be less than the code required minhnum of 10 feet on a single side yard setback and less than 35 feet on thc minimum front yard setback, at 16~ Second Street, New Suffolk; CTM 1000-117-10~20.5. 1:30 EM. Carryover: RyAN and SEN- ~6188. (Rehearing by Board Action): This is an application requesting a Vari- ance under Section 280-122 and 280-1~ (ZBA Interpretation g5039), based on the Building Inspector's June 10, 2008 amended Notice of Disapproval con- cerning proposed additions and aitera- tions to the existing dwelling, which new construction will constitute an increase in the de#fee of nonconforming single side yard at less than 10 feet, less than 25 feet on total side yards, at 240 Sunset Path and Hilltop Path (private roads), Southold; CTM 54-1-19. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written stgtements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please d9 not hesitate to contact our office~at (631) 765-1809, or by emall: Linda. Kowalski@ Town. Southold.ny. ur, Dated: September 5,2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LiNDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailingFUSPS) i~O. Box 1179 Southold, NY 11971-0959 ru rq $2.70_ 03 Postage Ced[fled Fee A M U E L S & T E E L M A N September 9, 2008 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Jacobs/Gates #6206 Dear Linda: Our above referenced client scheduled for the September 25, 2008 meeting requires an adjournment due to a schedule conflict. Please reschedule this case for the next available meeting on December 4, 2008 (or earlier). We are sorry for any inconvience this might have caused. Sincerely, ' T m~Se~uel/~s' Rs~muels and Ste'eAIl~an Architect TCS/phr cc: Jacobs/Gates ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (6311 734 6405 FAX (6311734 64(/7 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BONDARCHUK, EDWARD #6178 MAP # 57-1-28 VARIANCE SETBACK REQUEST AS-BUILT DECK ADDITION DATE: THURS, SEPT. 25, 2008, 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness 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 August 28, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 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 September _ Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a 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 durin.q the hearin.q, providinq the returned letter to us as soon as possible; AND not later than Sept. 12th: Please either mail or deliver to our office your Affidavit of Mailin.q (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 September 17th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to September 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff EnOs. Gerard P Goehringer, Chairman Linda Kowalski Zoning Board of Appeals Town of Southold PO Box 1 ! 79 Southold, New York 11971-0951 Declan P. Meagher AIA Laura Meagher t~/~>utholc 11 Septe Marlin Drive NY 11971 aber 2008 RE: Use Variance at 650 Blue Marlin Drive, Applicant Edward Bondarchuk, # 6178 under section 280-116B Dear Chairman and Board of Appeals, I am unable to appear personally at the Public Hearing on 25 September, 2008 in the referenced Request so I hereby offer my comments to you as the neighbor most potentially effected by the referenced application. I offer my comments to personally support Mr Bondarchuk's request and your approval of the referenced request for a Variance. I have reviewed all the material sent to me by the Applicant and I agree with all the representations that were submitted to you by the Applicant. Since I preceded the Applicant in living in the premises adjacent to his, I know that what he represented in his application to be completely accurate. I also was fortunate to have met his elderly parents for whom Mr Bondarchuk altered the deck to help them in access to the rear deck which made it possible for them to utilize the rear deck, based on their mobility. Furthermore, I am the only resident in the area of the vicinity of the deck/hot tub that might have been adversely effected by the construction, based on visibility. The Applicant did everything under his control to reduce and mitigate any adverse impact on me as the adjacent neighbor from any construction ensuing from the deck and the hot tub. In summary, as the adjacent neighbors most impacted potentially by the Request for the Variance, we completely support Mr Bondarchuk in his Request and we recommend your approval of his Request. Laura Meagher Cc: Edward Bondarchuk Members of Zoning Board of Appeals 650 Blue Marlin Drive - Deck and Hot Tub Hot Tub Electrical Cutoff Wooden Planter Box (3) 6"X6" high Trex Steps (2) with handrair each step 11 "deep 6' wide 5.5" rise Wooden Planter Box (3) 6"X6" high Edward Bondamhuk 650 Blue Marlin Dr. Southold, NY 11971 Page # 3 650 Blue Marlin Drive - Deck AsphaE Roofover Driveway Conc. Porch Concrete / 22.5' ~ 17.5' 11.8' 22.2' Wooden Planter Box 3' w from deck Trax Steps (2) with handrail each step 11 "deep 6' wide 5.5" rise 28.4' 20.2' Wooden Planter Box 3' w from deck Edward Bondamhuk 650 Blue Marlin Dr. Southold, NY 11971 Page # 2 .~LISAN ~-. LDHG PE.R. NtFT'_.% ?,8..B6y. '-/.~., -----I" I~ND'TI~.: TR~7, IS A MATERIAL MAbF_ ~F PLA£TIC. ~i, gUnOD. 650 Blue Marlin Drive - Rear 22.2' 3~' wffh I . 81" Square Wooden Planter Box 3' w from deck (3) 6')(6" Timbers Trax Steps(2) Trax Deck 6'w x 2'd with wood with handrail infrastructure Wooden Planter Box 3' w from deck (3) 6"x6" Timbers Gulf Coast Spas Model # 7000 Cape Haze Hot Tub Hot Tub Electrical Disconnect Edward Bondamhuk 650 Blue Marlin Dr. Southotd, NY 11971 Page # 4 650 Blue Marlin Drive - Deck Construction Elevation from slab to Trex surface 9.5" 2"x8' wood sleepers nailed into concrete Existing Concrete Slab Trex Decking 5 quarter X 6" 2"x6" wood joists 12" on center Trex facia (2) horizontal Wooden Planter Box (3) 6"x6" Timbers Lawn Plants New Grade 13" Edward Bondarchuk 650 Blue Marlin Dr. Southold, NY 11971 Page # 5 650 Blue Marlin Drive eck and Hot Tub Asphalt Roof over Driveway Conc. Porch Concrete / ,, ,, ~ L ~r /[ 28.4' 22.5' ~ t 17.5' 22.2' I I 45.6' 42.7' 20.2' Edward Bondarchuk 650 Blue Marlin Dr. Southold, NY 11971 Page # 1 SPA MODEL 7000/CAPE HAZE SPA DIMENSION 81" X 81" X 35" NUMBER SEATS 6 ADULTS WATER JETS 21 AIR JETS 10 WATER CAPACITY (USG) 319 DRY WEIGHT (LBS/KG) 590/267 FILLED WEIGHT (LBS/KG) 3,142/1,425 ELECTRICAL RATING (VAC/AMPIHZ) 240140/60 GFCl (AMP) 50 ~eat2 Seat6 INTERIOR & PLUMBING PARTS MODEL: 7000/CAPE HAZE EQUIPMENT ASSEMBLY & MANUAL NIA ELECTRICAL CONTR~, FACE PI. AT E (~.C. I~gg, 6101 PI ASSEMBLY (MOTOR, CORD, W ETEND, P. UNION) P2 ASSEMBLY (MOTOR, CORD, w ETEND, P. UNION) 20A GFCl W. CORD