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Home My WebLink About6179 APPEALS BOARD Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · IZO. 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 /~*' CEIyED Tel. (631) 765-1809. Fax (631) 765-9064 ~ '~--'~ MEETING OF AUGUST 21, 2008 Southold Town Clerk ZBA ~ 6179 - Stein Family Trust Property Location: 2535 Cedar Lane, East Marion Map of Garffiners Bay Estates Lot 135 and part of 136 CTM 1000-37-4-10 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. 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 a 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 Description: The applicant's property consists of 13,174 square feet of buildable area (measured between the street and the bulkhead at high water), as shown on the survey dated April 10, 2000. The property is improved with a single- story house plus 201 square foot porch and 342 square foot garage, and has an existing lot coverage of 3,091 square feet of building area, or 23.3% of this buildable area (as per code). Basis of Application: Article XXIII, Section 280'124B, which states that non' conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and a maximum lot coverage of 20 percent. Following the proposed construction of additions and alterations to an existing building and accessory garage, the single family dwelling will have a new front yard setback of 7.5 feet, and the lot will have 28.7 percent coverage. The rear addition will be 204 square feet and would be built where a concrete patio now stands. In addition, the new accessory garage in a side yard is not permitted pursuant to Article III, Section 280-15 which states that such accessory structure shall be located in the required rear yard. Page 2 - August 21, 2008 ZBA # 6179 - Stein Family Trust CTM 37-4-10 Area Variance Relief Requested: After removing the existing garage and porch, the applicant proposes to build a new front porch consisting of 201 square feet, a bedroom located on the front or western side of the house of 325 square feet and a rear one-stow 204 square foot addition where a concrete patio now stands. In addition, the new 18.5 ft. by 22.6 ft. accessory garage will be in the side yard, as shown on the site plan PPi-dated July 30, 2007, prepared by Nemschick Silverman Architects, P.C. Amended Apphcation: During the hearing the apphcant was asked how he could reduce the lot coverage while still retaining the original concept of upgrading the home. The applicant agreed to remove the 201 square foot front porch to reduce the lot coverage (from 28% to 27.1%). He was also asked to place leaders and gutters for drainage of runoff water with a dry well in the front yard, and the applicant agreed. The setback for the smaller porch was increased to 10.2 feet, instead of 7.5 feet. Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the neighborhood or a detriment to nearby properties. The homes around Spring Pond have a variety of styles and sizes. The additions are minor in relation to the small size of the lot. The garage will be rebuilt in the same foot print with a more pleasing exterior. The applicant has agreed to the suggestions to reduce the lot coverage suggested by the Board by reducing the front porch size from 201 square feet to 35 square feet, maintaining the existing front yard setback. 2. Town Law §267'b(3)b(3)(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 lot of 13,174 square feet with Spring Pond on the East and FEMA regulations as to elevations does not allow for much expansion. 3. Town Law ~267-b(3)(b)(3)(3). The variance requested herein is substantial, since the existing lot coverage is nonconforming at 23.3%, and the applicant proposes an increase to 27.1%. 4. Town Law ~267-b(3)(b)(3)(5). The difficulty has not been self created. 5. Town Law ~267-b(3)(b)(3)(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. Drainage into drywells and protection of environmental areas will be added to improve areas near the environmental areas. 6. Town Law §267. Grant of the relief requested is the minimum action necessary and adequate to enable the apphcant to enjoy the benefit of new construction, while Page 3 - August 21, 2008 ZBA # 6179 - Stein Family Trust CTM 37-4-10 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 Oliva, seconded by Member Weisman, and duly carried, to Grant the relief requested amended by applicant, and shown on the amended site plan sheet PP1 revised 7/25/08, and Drawings A-1 thru A-9 revised 7/25/08, all prepared by Nemschick Silverman Architects, P.C., subject to the following Condition: The construction shall comply with Southold Town Drainage Code and lot coverage maximum of 27.1% total (based on 13,174 square feet of land). Any deviation from the variance given such as extensions, or demohtions 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: Memb~ ~.~-~a~n), Oliva, Simon and Weisman. Member Dinizio~~/~s~dtion~f/dopted (4-0). / e. o h in , Cha , m n/8/3e/2008 EAST MARION, NY' 11~I3~/ BLOCK: ~ ~E~I~ENTIAL ZONE, ~-~ LO~. 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PROVI~IN~ ALL NEGE55AR~ ~E NO MORE THAN ~0 CONSE6Ufl~ 60LUMN DI~ OR bO HEET TENPO~A~Y S~PPO~T5 AN~ B~A61N~ A5 NAY BE ~I~ED P~ION TO THE THE INSTALLAtiON OF NEM 5TRU6NRAL ELENENT~ A5 MELL A5 I~. 60N~ETE 60NT~A6TON TO ~E ~ESPONSI~LE FOR 5ETflN6 ALL AN6~ 6 NE~5 PESl6NAFE~ A5 ~A,'~G LAN" OR '~AHINATEP VENEER LUNBEN" ~VI~ ~ A~E~ATE ANP PROPER BAN~I~APES, NAILIN~5, LISHflNS, 5TAIRS, ETS. BOL T5 AN~ LE~LIN5 PLATES. ON '~VL " 5HALL ~ HA~[~EE~. IN A~N~AN~E ~IN 5PE~IfflSATI~N5 ENERGY 60NSENVA T/ON NOTE: ~E~INEg TO PROTE6T THE MORKNA~ ONNEN~ PER~NNEL AN~ BY ZL~ISlANA PA61M~ ~,~ NO bLIBSTI~TE5 5HALL Bb PE~NITTE~ OTHER5 ~NO~ IflJdNT ~gE TO 60NSTNU~TI~N ~ON~ PNOVIPE F~EE 2~ PROVIPE ~ONflN~O~5 2x~ T~ATE~ 5ILL PLATE OVER TERHITE SHIELD NT~T THE EN61NEENS~NO~ZAL ~EGI~N 5~E55E5 A~E A5 FOLLOMS, SE~ ~ISIO~ ~ ~ AFF/~A ~/T OF EN~ ~O~E ONFO AN E :~o~r~ro~ o~ ~B dONTRA~TO~ E~PLOYEE5 0~ A~E~TS, O~ AN~ 2l ~ENERAL 6ONTRA~TOR AN~ HI~ ~ ARE RESPONSIBLE FOR ALL LA~ HEATE~ ~PA6E~j JU[ ~ q. THE~E~I~NLIYELOA~IflLIVI6ARE~51~4OPSFf~L=IOPSFjATTi~ LIVE ~ ~ ~l~ Nemschick Silverman Architects P.C. Phone: 631-734-7007 Fax: 63~-734-7347 DISI~ICT SEGqlOk BI OCK LOT D~AWN BY I http . n ~-~ ~oh. oo~'n PLO0~ ~ ~O~H ~ c~.~ ~,~ ,~.~,~c, ~ .~,~r,c,~r~ ',c1000 57 I O~ ~0 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 12, 2012 Nemschick Silverman Architects, PC 160 Main Street, Suite 200 Sayville, New York 11782 RE: Stein Family Trust, ZBA #6179 Dear Mr. Nemschick: I have reviewed your letter faxed to this office dated December 7, 2012, and the proposed site plan that you submitted with your request for a de minimus determination. Since you do not propose any changes to the front yard setback of 10.2 feet, and are actually proposing to decrease the lot coverage from 27.1% to 25.6% as granted in decision//6179, thereby making the lot coverage more conforming to the code, and you are not proposing any new nonconformity, 1 have determined that your requested modification is de minimus in nature. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request, and a stamped approved copy of the amended site plan dated June 3,2011 and labeled drawing no.PP-1, to the Building Department so that you can apply for a building permit. If you have any questions, please call the office. Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector ~ec-07-2012 12:35pm Fr0m-HEM$CHICK SlLVEEMAN ARCHITECTS T-207 P.002/006 F-641 q Nemschick $ilverman Architects ~,.c. · , , the business of ARCHITECTURE." Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RE: ZBA ~6179 - Stein Family Trust Property Location: 2535 Cedar Lane, East Marion Map of Gardiners Bay Estates Lot 135 and part of 136 CTM 1000-37-4-10 ATTN: Leslie Weisman, As agent for the Stein Family Trust, Nemschick Silverman Architects request the attached minor changes to be considered de minimis in harm* and substitute for the previously approved plans granted variance August 21, 2008. Said design has been amended to include the extension of existing first floor exterior · , ,, · 9 '-9' in length. Please note the gnmted lot coverage of 27.1% will not increase, decking 4 -0 wade by ~4 furthermore the proposed amendment wall not create an increase m area non confonmty. Thank you in advance for your considerat!on. Ray Nemschick, RA Nemschick Siiverman Architems P.C. 430 Green Way, Cutchogne NY 430 Green Way * Cutchogue. New York 11935 · 63%734.7007 telepllone · 631.734.7347 facsimile · www.ns-arch.com PLACE SURVEY OF LOTS 135 & P/O 136 /dAP OF GARD1NER'S BAY ESTATES EAST ~RION TOWN OV SOUT~OLD PLACE ~' JTFF_;/I fAMILY RF. fDr_./tCF_ TRIJ./'T - ~_AJ'i' MARlO,q - flY ?. EAST MAR/ON, NY IIq~q ~ES~/~T/ON N~U/N~NENT EX/ST/N~/ ~/N~ S~E y~ /~' 03' ~/N/~ ~OTH 5/~ ~AR~S ~' /7' MAXIMIN BglL~IN~ HEIGHT ~5' 2~L2'' EXISTIN~ MAXIMUM NUMBER OF 5TONIC5 24/2 I STONY SURVEY OF MAP OF 'S LOTS &7.1Y,: :3573azf'! . RAY ESTATES SECTION TWO ..FILE No. 275 FILED SEPTEMBER 25, 1927 ' %~9 * SITUATED AT , ~ '<~-5-~°0', EAST MARION ~x%oo 0¢ TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCALE 1"=20' AREA = 13,174.18 sq. ff. (TO BULKHEAD) 0.302 tOff ~ APRIL 10, 2000 IN FLOOD ZONE AE. RATE MAP No. 36103C0177 DASE FLOOD ELEVATIONS DETERMINED NOTE: THIS PROPERTY IS FLOOD INSURANCE ZONE AE: G Nemschick $ilverman Arohitects P.C. 735 Deer[DOt Path, Cutchogue, New York 11935 Phone: 631-734-7007 Fax: 631-734-7347 http ://~vw. ns-a rch. co i~-, =LOOR PLA/'] PLACE ./'TEI/I FAMILY RE./II2E/ICE TRUJ'T- LA./7 MARIO/I -/IX IN?ONMA T/ON ON PLOT PLAN BASEZ) ON SURVEY FROM JOSEPH INfErNO, LAND SURVEYOR. SEAL: REVISIONS/SUBMISSIONS, DATE DESCR[?TION A DRAWING FINAL MAP SEE DECISION DATED_ I PROJECT TITLE J'I~GLE PAHIL,v REj'IDE/3CE 2555 CEDAR LA/ID EA./q- MARlO/I,/ly 11959 DISTRICT: SECTION: BLOCK, 1000 37 LOT' O4 1( CAD FiLE NAME: 1335 \ PRELIMI/IARY DDJ'IG/'t \ 1335_PLA/l DATE NSA PROJECT JULY 50, 2007 07-1555 SCALE: DRAWING NO. PP-1 ~ ~ ~ J ON ~EN~R 5TA~E~. J ~ ~ ~ ~ ~ PA T~H ~LE IN FL~ -- ~ J I j -~ ~ ~': .~ ., ',. ,...: .~- , SEAL ~EVISIONS/SUBMISSIONSDRAWING TITLE, 735 Deefoot Path, Cutchogue, New York 11935 DISTRtCT-o010 SECTION BLOCK. 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BLOCK LOT: DRAWN BY Phone: 631-734-7007 Fax: 631-734-7347 * COpYRIgHT 2006 NEM~CHICK S£VERNL&N ARCHITECTS pC lO00 57 04 10 ./'C http :llwww. ns-arch.corn :LOOP PLA/1/lOB-tH ~,qBLE ~/ITH ,~IL~gE VENll ASPHALT 5HIi~LE5 TO MATCH EXISTING, l%P. ALL NE/N RO0~ ' REVEP~SE GABLE INITH AGPHAL T SHINGLE TO MA T~H EXI~q TING. TOP O? PLA T~ ~_ ELEV ~ %9" AFF ~- GALE = //~ =/co ~ REVISrONS/SUBMISSIONS. DATE: DESCRIPTION, DRAWING TITLE: Nemschick $ilverman Architects P.o. 735 Deerfoot Path, Cutchogue, New York 11935 Phone: 631-734-7007 Fax: 631-734-7347 http ://~.'~WN. ns-a rch. co m :LOOR PLA/'~ Jq-EI PANIL,v: RE../'I E CE TRU./"T' EAJq' MAR10/I: /'IY PROJECT TITLE: .~I/~GL~_ PAHILY Rr~/IDEAtCE 2553 C~-PAR LA/1P_ EA./q- HARIO/t,/iY 119.59 DISTRICT, SECTION' BLOCK 04 LOT 1 CAD FEE NAME: DATE' SCALE. DRAWN BY' &LEVATIO~J' P:\2007\1535\C[2'¢,-0 NSA PROJECT O7-f.535 DRAWING NO,, _ _ _ -~ o~ ~o~e ov~ CAW [nnnnl I I I I ~ TO ~I~ _ ~, ~ . IN~EK~A~. ~.~ , I-~ iCl~~ (1~ --* EXISTIN~ 5TONE I0" ~L ~YO~ ¢ I ~ITH I/4' ~AP FOR I ~ J ~INA~ J I 7-[ ~ ~ ~ ~ ~ ~ ~X~ P~ ~P POST ALI~N 735 Deeffoot Path. Cutchbgue. New York 11935I DISTRICT SECTION BLOCK: LOT' DRAWN Phone: 631-734-7007 Fax: 631-734-7347 http ://w~. ns-arch, co ~'~'~ ~LO0~ P~ ~O~H · co,v,~:~,~ ~, ~sc~c, ~w,~, ~T~C~S ,c 1000 ~7 04 10 Simpson Strong-Tie CCQ~6 Simpson Strong-Tie CCQ~6 Use every other nail hole CUT j IN, ,n a row to provide the LENGTH ~ ~,- center-to-center LENGTH 80 NAILS ~ CLEAR ~ E Bd NAILS ~ I TYPtCAL end distance a ~ ~',I- Equal number of / ~ CS Coiled Strop ABA44 (ABA66 SIMILAR) ~ ,, " HTT22 CO~ECTIO~ DETAIL J ~ L CAD FILE NAME Nemschick Silverman Architects P.O. f ~ ~ A ~ J~f ~ ~ C ~--F ~A~ A ~ O~ ~ PROJECT TrTLE, DATE. NSA PROJECT ~ the business of ARCHITECTURE" ~I~LE FANI~ ~DE~CE ~ULY 50, 2007 O7-1555 -- ~ ~ ' ~ "' V 2535 CEPAR ~E SCALE. DRAWINQ NO.: ~ ~ EA~ HARlOt, ~Y H 736 Deeffaot Pat~, Outohogue, New York 11 ~3~ ~ A~ ~OTEP Phone: 831-734-7007 Fax: ~31-73~-7347 DISTRICT. SECTION. BLOCK. LOT DRAWN BY. Use every other nail hole CUT m a row to ,rev,de the LENGTH -- center-to-center LENGTH 80 NAILS spacing for nails f ~ ' ~ CLEAR Bd NAILS end distance a ~ ~',I- Equal number of / ~ CS Coiled Strop ABA44 (ABA66 SIMILAR) ~ ,, " HTT22 IN OV% NAILIN S M _OLJLP_( .X =O LJ t= "B") JOINT DESCRIPFION NAIL SPACING /¢O/~E COHHON NAILS BOX NAILS FIP. S T FL O01~ ELEGTRIGAL OVERHEAD CRAFT~HAN STTLE I J~ A I I t= F~. A M I Ix[ ~ 20 HALLMAT HAfeVlNORE-z~AL ,~Shl?42$ 2'-I"X2'~Sq/l~" ~TATIONART ~ L CD 0 F~. ~ ~ A M I N ~ SNOH(SPEED IH DESIGN HEATHER- FROGTLINE DESIGN HENT HAZARDS ~' ~ I L I N m~ ~ H t= A T H I N I I I ALLM~2~7~5S~ALL~N6L~DE~N~E~T`5~P`EEN5~FA6T~R~E~2AN~SEATB~APd25~A~D?A6T~EXTEN5~NJA~BSr~RE~2~P`ED] 45PSF L20 R30k2.2 SEVERE 5'-0" HEAVY MODERATE IIDESREES YES N/A I Y"I A L L 5 H E~ A T H I N ~ ALL GLAZIN~ IqlTHIN /5" Of= THE ?INI~HEI2 BUOON 5HALL BE TEHPEP. ED GLAd5 A5 PEI~ NY'5 dZPOE 5TRL~JRAL PANELSfrlAR[ ~OARD PANEL INTERHEDIATF ~1 ~T~ 'x~ TO MAINTAIN THE LOAD PATH. 25/52" 8d~ ~" EDGE / ~" FIELD ~ T 2. AHEM ~IALL 5NEATHIN~ [5 (XSNTINUOU5 OVER CONNECTED HEHBERS, THE TABULATED NUHBER OF NAIL5 5HALL BE GYPSUH HALLBOARD 5d COOLER~ .Sd GOOLEP.5 T' EDGE / I0" HELD I LIGHT (8%) VENT (4¢6) ~. CORROSION RESISTANT II GAGE ROOPING NAIL5 AND 16 ~A~E STAPLE5 ARE PERHI%rED; ~HECK IBC FOP-, ADDITIONAL ROOM PARTICLE BOARD PANEL5 6d PIANUFAGTURER ROOM NAME AREA fREQUIRED PROVIDED REQUIRED PROVIDED 4. ALLd~JANTITIESAREBASEDONIG"OCSPAClNGFORRAFTERE, JOISTSANDS~)DS. F= L 0 0 ~ ~ H ~ A T H I N. ~ 5. FOR ROOF SHEATHIN5 ~ITHIN 4 FEET OF THE PERIHE~R EDeE OF THE ROOF, INCLUDING 4 PEET ON EACH SIDE OF THE FOYER q7 ~C/. fl:. 5 sc/. R. 15 sc/. fl:. 4 ¢c/. fl:. 7 sc/. fl:. LAgN~Y ~00~1 42 sc/. fL 4 sc/. fl:. 21 :~. ft. 2 .~. fl:. 14 ¢c/. £L S77JDY. ID0 sq. ft. ~ sq. ft. 23 sq. ft. 4 sq. £t, 15 ~q, ft. KITOHEN I~ ~q. ft. lb sc/. ft. 37 sq. ft. 8 sq. ?t, 3~ 5q, ft. NOTE, 7,~o~ ~v~o~/~\ ~CMEDULE¢r Phone: 631-734-7007 Fax: 631-734-7347 DISTRICT SECTION. BLOCK LOT: DRAWN BY h tt p://vv".~A', ns-arch, co i'~-~ 'LO0~ PLA/~/~O~T~ e CQ~YRIGHT 2008 NEMSCHICK SILVERM^N AECF]TECT$ Pc ~000 ~7 04 [0 CbllvfATl , ¢ EO t ,APHI¢ , ITEt ,IA 6ROUND HIND 5EISHIO ~BJPCT TO DAMAGE BY HIN~R ICE SHIELD U~ERLAT- PL~D 5NOA (SPEED IN O~I~N ~ATHER- F~ST LINE DESIGN HENT HAZA~S ROOM LIBHT (~%) VENT (4%) ROOM NAME AREA fREQUIRED PROVIDED REQUIRED PROVIDED BEDROSM I 12q ~R q7 sq. ft. ~ sq. ft. 15 ~q. ft. 4 ~q. ft. 7 ~q. ft. LARRY 5~Pr KITS~N ALL A~5 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Ray Nemschick (Stein) 735 Deerfoot Path Cutchogue, NY 11935 Please take notice that your application dated April 25, 2008 DATE: May 7, 2008 For permit for additions and alterations to an existing dwelling and an accessOry garage at ~ Location of property 2535 Cedar Lane, East Marion, NY County Tax Map No. 1000 - Section 37 Block4 Lot 10 ,{ Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 13,174 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124B, which states that non- conforming lots, measuring less than 20,000 square feet in total side, require a minimum front yard setback of 35 feet and a maximum lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a new front yard setback of 7.5 feet and 28.7 percent. {~,, j ~q ..... ~ # ~ r~tq,'-t In addition, the proposed accessoi~ garage is not permitted pursuant to Article III, Section 280-15, which states that such structures shall be located in the require rear yard. The proposed accessory.~zrag-~i~ located in the side yard. ./ '~-A~uthori/ed Si/gnat~__~ 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS gA 1 9 2008 ParcelHo.se No. 2535 Street Cedar Lane Hamlet East Ma~A?.D OF APPEALS SCTM 1000 Section 37 Block 04 Lot(s)_ 10 Lot Size 13,174 SF Zone R40 l (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May 7, 2008 Applicant/Owner(s):_ Stein Family Trust Mailing ~ Address: 2535 Cedar Lane East Marion, NY 119 9 Telephone: NOTE: In addition to the above pleaseconlpleCe below if application issigned by applicanCs aOorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: Nemschick Silverman Architects P.C.for (~') Owner, or ( ) Other: Address: 735 Deerfoot Path Cutchoque, NY 11935 Telephone: 631-734-7007 Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) ~'Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED May 7, 2008 FOR: ~'Building Permit [] Certificate of Occupancy [] 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 XXlll & III Section 280- 124B & 15 Subsection Type of Appeal. An Appeal is made for: ~'A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. b [] Interpretation of the Town Code, Article Section [] Reversal or Other A prjo..r~l~peal [] harms not been made with respect to this property UNDER Appeal No~g~ .qYear ]q_n~ · (Please be sore to research before completing this question or call our office to assist you.). NameofOwner: Stein Family Trust ZBAFile# 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: The front porch will enhance the look of the house. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing lot is non-conforming. (3) The amount of relief requested is not substantial because: The footprint of the garage will not change. The one story addition to the front will only be 342 SF and the covered porch 201 SF. Both proposed where porch existed before. The rear addition is only 204 SF and would be built where a concrete patio now stands. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The garage will be built were a garage existed before. The front and rear additions would be built in areas that had existing porch structures or pavement. (5) Has the alleged difficulty been self-created? ( )Yes, or (~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 ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please ~/~//~onsult your attorney.) /~j~t~re ~ppellant or Authorized Agent day of~200_~'/~sworn to before me this ~' / (Agent must sub mit written Authorization from Owner) Ou~dl/ied in Suffolk CQuflty Expires Febm~y g?, 2010 Town of Southold Ao LWRP CONSISTENCY ASSESSMENT FOR] INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencie shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfrofit[Consistency Review La~w..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 explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the 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 Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMIt 37 - 04 - 10 The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [] Building Dept. ~ BoardofTrustees ~--~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Variance for front yard setback. Variance for accessory building placement Variance for lot coverage Location of action: 2535 Cedar Lane, East Marion, NY Site acreage: .3 Present land use: Residential Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Ray Nemschick (b) Mailing address: 735 Deerfoot Path Cutcho.que, NY 11935 (c) Telephone number: Area Code ( ) 631- 743-7007 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes 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 - please explain) 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 - please explain) Auach 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 - please explain) 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 - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes ~ No [] (Not Applicable - please explain) 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 11I - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) 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. [~ Yes [] No [~ (Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) 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 III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if necessa~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No [] Not Applicable- please explain TOWN. OF SOUTHOLD BUILDING DEPARTMENT · TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined .20 Approved ,20 BUILDING PERIX~PPLICATION CHECKLIST Do you have i~ff, eed the following, before applying? Board of Health ets Iding Plans_ of Bui lanning Board approval Survey PERMIT NO. Check Septic Form NY SD EC Trustees Contact: Mail to: p~t~'-~ne: APPLICATION FOR BUILDING PERMIT Date ., 20 [ INSTRUCTIONS a. This appticotion lv~ST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 --'----2-~ --s'm~ofl~rax~ p~at'Fl~n to sca e. Fee accord'ng to schedu e. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or c The work covered by this application may not be commenced before issuance of Binlding permit d Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy f. Every building permit shall expire !fthe work authorized has not commenced Within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the dxtension of the permit for an addition six montbs Thereafter, a new permit shall be required APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the '/own of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, mid regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) 735 Deerfoot Path, Cutchogue, NY t1935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Architect is applicant Name ofoxvner of premises Stein Family Residence Trust (As on the tax roll 07 latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other lrade's License No. 1. Location of land on which proposed work will be done: 2535, Cedar Lane, BOARD OF East Marion, NY 11939 House Number Street County Tax Map No. 1000 Section 37 Subdivision (Name) Hamlet Block 04 Lot 10 Filed Map No. Lot 2. Stat~ existing use and occup~lJ~of premises and intended'use and o~cupancy of Pesed construction: a. Existing use and occupancy 1 Family Residence b. Intended use and occupancy Same as Existing use/occupancy 3. Nature of work (check which applicable): New Building Addition ~ Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee 5. Ifdwelling, number ofdwelling units 1 If garage, number of cars 1 (Description) (To be paid on filing this application) Number of dwelling units on each floor 1 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensionsofexistingstrantures, ifany:Front 49.7' Rear 49.7' _Depth 51.5' Height 22'-9" Number of Stories 1 Dimensions of same structure with alterations or additions: Front 55.5' Rear 52.7' Depth 51.5' Height_ 22'-9" Number of Stories 1 (2 Story Garage) 8. Dimensions ofentire new constmction: Front 52.7' Rear 52.7' _Depth 51.5' Height Number of Stories 9. Sizeoflot: Front 99' Rear 100.94' Depth 129.2' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~' NO 13. Will lot be re-graded? YES NO ~' Will excess fill be removed from premises? YES NO ff 2535 Cedar Lane 14. Names of Owner of premises Stein Family Trust Address East Marion, NY 11939 Phone No. (212)-816-5664 Name of Architect Nemschick & Silverman Arc. P.C. Address 735 Deerfoot Path Phone No (631)-734-7007 Name of Contractor AddressCutch°~ue, NY 11935 Phone No. 15a. lsthispropertywithinl00feetofatidalwetlandorafreshwaterwetland?*YES ff NO * 1F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES ff NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. Letter of Non Jurisdiction Issued (see attached) 16. Provide survey, to scale, with accurate lbundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) Ray Nemschick, AIA being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer. etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this I _ [ Notery Public, State o1 New Reg. No. 4977025 Qualified iq Nassau County ~ommis$ioe Expires January 22, Applicant: Ray Nemschick APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: Existing 2 car detached garage. Exi,, MAY 12, 2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 41.9'X 18.25' Front 12'x 17' Back 18.5'x 22.6' Garaqe Dimensions of new second floor: NA Dimensions of floor above second level: NA Height (from finished ground to top of ridge): 20.2' Is basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: NA 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: 1 StO~/detached 2 car .qara.qe Number of Floors and Changes WITH Alterations: same IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3240 SF Proposed increase of building coverage: 548 $F Square footage of your lot: 13,174 SF Percentage of coverage ofyour lot bybuilding area: 28.7 % V. Purpose of New Construction: For 0~n~ml m.~id~.nfial usa 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): Generlly fiat. Does not add to difficulty in meeting code requirements. 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 A. Is the subject premises listed on the real estate market for sale? [] Yes Are there any proposals to change or alter land contours? [~qo [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? YeS Please confirm status of your inquiry or application with the Trustees: Pending 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? 1'40 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Yes If yes, please label the proximity of your lands on your map with this application. Adjacent southeast property detached garage and proposed use Same ples: existing: single-family; proposed: same with garage or pool, or other description.) /Ut~O rimed S igna~lr e~nd"-Dat e Please list present use or operations conducted at this parcel Existing: Single Family with 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S 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. YOURNAME: Nemschick Silverman Arch. (Representing Stein Family Trust) (Last name, first name, middle initial, unless you are applying in the 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.) Tax Grievance Variance ~' Special Exception I f "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other BO?~ OF APPEALS 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? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) 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 corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this/2_~ day of .lxq~-'~. ~'~"~ Signature: .~._/~... I '' Print N~:~ ~ ~~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 ISLFS, ~,¥~P / 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) Maritime Day School 6170 C arley 6171 Higgins 6 172 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 11788-0099 TELECOPIER (631) 853-4044 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 · EO. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 2, 2008 Stein Family Trust 2534 Cedar Lane East Marion, NY 11939 Ray Nemschick, Architect Nemschick Silverman Architects P.C. 735 Deerfoot Path Cutchogue, NY 11935 Re: ZBA # 6179 - Application by Stein Family Trust (Variances) Dear Sirs: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the August 21, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linda Kowalski Encl. 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 22, 2008 Zoning Appeal No. 6179 Transmitted herewith is Zoning Appeals No. 6179 Stein Family Trust- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, 2 Pages of Copy of Application for Building Permit, Authorization Letter from Trustee of Stein Family Trust to Namschick Silverman Architects, P.C. to Represent them in this Matter, Area Map of Property Prepared by Nemschick Silverman Architects, 7 Photo of Property Showing Elevations & Views taken by Nemschick Silverman Architects, 2 Pages of Property Record Card, 11 Pages of Plans & Drawings which include a Survey, Elevations, Sections & Schedule Prepared by Nemschick Silverman Architects P.C. TRANSMITTAL WITHOUT COVER LETTER ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/20/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6179 STEIN FAMILYTRUST 2350 $600.00 MAY 2 2 2008 Sour ~old Town Clerk $600.00 By .~,O/' Thank ',ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/22/08 * * * RECEIPT * * * Receipt#: 19297 Transaction(s): 1 1 Application Fees Reference Subtotal 6179 $600.00 Check#: 2350 Total Paid: $600.00 Name: Nemschick, Silverman Amhitects {for Stein Family Trust} 735 Deerfoot Path Cutchoclue, NY 11935 CAROLH Clerk ID: Internal ID: 6179 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael 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 · 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 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 24~ 2008: 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 of Property: 2535 Cedar Lane, East Marion; CTM 37- 4-10. 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: June 27, 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 17Ih day of July, 2008. Principal Clerk Sworn to before me this day of ~- NOTARY ~ 2008 ~UBLIC-STATE OF NEW YORK No, 01-V06105050 Ouol!fied in Suffolk County CTM 37-4-10. 10.'00 A.M. WJLLIAM LUTKOWSK! #6185. Request for a Variance under Sec- uon 280-124 (setback schedule), based on the Building Inspector's April 18. 2008 Notice of Disapproval concerning a proposed new dwelling (after demoli- tion of the existing dwellingi, proposed with from yard setback(s} at less than 35 feet. Loeauon of Property: 595 Pine Av- enue and Birch Avenue, Southold: CTM 77-2-25. 10'30 A.M. VINCENT and MAU- REEN PAPA #6183, Request ~or a Vari- ance under Section 280-126. based on the Building Inspector's April 21, 2008 Notice of Disapproval concemingan as- built deck addition to the e~dsting sing]e. family dwelling, which is less than tl~ c. ode required 50 fl, rear yard s6tback, at 75 First Street, Laurel; CTM 126-10-9.5~ 10'.4~ A.M. PINE NECK HOLD; ING$ g6180. Request roi a Varianc~ under Section 280-116B. based '6n the Building Inspector's May 13. 2008 No- tice of Disapproval concerning a deck addition to the existing singe-fa~atiy dwelling at less than 75 feet ffo~n the ex- ~st. blg bulJ~hea~l, ~t 1475 Pine Neck Road Southold: CTM 70-5-40. 11.'00 A.M. GREGORY $CH. WEITZER AND $TACEY SCH- WEl~ZER ~6184. Request for a Varf: ance under Section 280-15, based on the ~..u~g/as~[or~s May 6,;~008 Notice ~D~V~ ~ono~Ai~g/a gr~pose~l accessory Swmunmg p~ol in a yard other than the eode-£equired rear yard.at 385 Wendy Dnw. Laurel: CTM 127-8-9. 11:1~ A.M. A~11~L~ l~ TO~LL # 6182. ~equ~t! fo~ Variances under Sec- lions 280-18 (~t~ Lot Area ~d.~ (.a~..~i,_ ~ ~y 21, ~ Nofi~ of b~ncd sitic yard setbacks: 13l the lot cov- 20% ~th a buildable lot s~e of 13.369 Avenue Extension. Southold: ~ 5~2-10 and tl. ~mbmed as a single building lot. ~e Board of Appeals wilI heat aU persons, or ~eir representatives, desir- desiring-to submit W~ttcn statements before the-~ncinsioa of eae~ he~r- rog. Each he~ng will not st~t earlier than designated above ~les are avail- able for review dar~g regular business hesitate to ~ntact our off,ce at (631) 7~5-1~9, or by email L nda. Kow~ki~ T~a.g6~tho~d.ny.u~ Date~ Ju~l~ ~ GE~RD P. GOEH~GER, ~AN ~S M~ Road (~SPS) LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD O]F APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE lS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Tow~ Code Chapter 280 fZonlng), Town of Southold, the [oliowing public .hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF PEALS at the Town Hall. 53095 Main Road. Ed. Box 1179, Southold. New York 11971-0959. on JULY 24. ~ 9'30 A.M.J. and A. MAZUR ~6176. Requests for Variances under Section a 280-I2& based o~ the Building Inspec- tor's June 27, 2008 amended Notic~ of Disapproval concerning ~i'ipgopbsed deck addition to dwelling it I~ tl~n35 feet from the front lot line and proposed lot coverage exceeding the code limi- tation of 20%. at 3200 Camp Mlaeola Road Jand Fay Court}~ Matdtuck: CI'M 9-.4~ AM. STEIN FAMILY YRUST #6?9, Request for Variances under Sec- ~i&ls ~80-15 and 250-124B, based on the Bqild~ag I~pector's of DisaI~p'r0val concerni~d~' additions a~d alteratio front yard setback at less thall the Code- required 35 feet, lb1 all aOMition ~o the concerning: (1) a pr0po~d lot area with a new non~ong0nnlW o~ lg~,028 square feet, resulting in the remaiaiog lot which will become~ ~ore cotlformillg at 27,196 ~qu~r~ ~et~lat~gd of 24,7~56~quare feet; - le~ tha~40 ~e"*t t~in the rear lot llae~ Location: 365-Westwo~d Eane: CTM 33-2qt and 1~} PM. GREG and KARMEN *altec It,d*r: (1) Section 280-124, and (2) 8euIton 280-15, both based on the Buil~ilig Inspector's December 28,2007 location of a nev~ dwelling at less than 40 fe~t' from the code-required minimum frot~t yard setback, and for a swirnm ng pool located in a side yard rather than the c6de required front yard or rear yard for~th ~waterfront parce, Geared at 695 P~tt~'s Drive at Long Island Sound, Ori- · '1130 I~.1~ Raser*ed Hearing (Carry- - o¥~)~ ]~]~NR~ ~llAEINrI)]Ly and BAR- B~lli.~ A; CADWALLADER #6154. Reql~e~ts for Variances under Section 280-124. ba~d on !he Building Inspec- tor's January 30. 2008 Notice of Disap- proval concerning a proposed smgle- family dwelling with one side yard at less' than the code requh'ed minimum of'f0 teet, 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 de~nolition of an existing building) at 13000 Main Road. East Marion adjacent to Gardiners Bay; 2.,00 P.M. Reserved Heating ICar- ~yover}: EVE SEBER and CARLO VOELKER g6156. Requests for Van- anees under Section 280-114. based on the Building Inspector's amended March 28. 2008 Notice of Disapproval. tot the reason that the proposed second-story Ilddition and alteranons to the ex s- ing slllgle-family dwelling will not meet the code-required minimum 15 feet on a single side yard and wig exceed the code hm~tadon of 20 percent for lot cov- erage, Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold: CTM 70-6-18. 2'.30 P.M. Reserved Heating ¢Car- ryoverl: JOHN SCOURAKIS #615T Request for Variances under Sections 280-124 and 280-116, based on the Bmld- oI~ Illth'ii}royal eorl~erning a proposed I1~ ~lngle-family dwelling (with a new foundation after demolition of the exist. lng building), for the reasons that: Ill · . .. . the setback from the top of the blufl msun, g a??s~.ry garage .w~c,h ? re- ad ac~nt to the Long Island Sound w qmrea tore ½n me rear yara, Iai'all-new he less than 100 feet: (21 the mininium construction will axceed the code limita- code standards under Secnons 280-9 ana tion of 20% maximum lot coverage. Lo- 280-10 require a minimum af I5 feet on canon: 2535 Cedar Lane, lliaat Marion. a sintle side and minimum 35 feet corn- ;~o. ~,~.~,,.;~, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ',FORMER O~NE ~ .~ . ~,, . E ACR. ~ES. ~/6 ~ SEAS. VL FARM COMM. CB. MISC. Mkt. Value FARM Acre Value Per Val~ 'ilbble 2 'ill.hie 3 ~oodl~nd w~mpbnd FRONTAGE ON WATER rushl~nd FRONTAGE ON ROAD louse Plot DEPTH ,, . BULKH~D oral DOCK M. Bldg. ~xtensio,n Extension Extension Garage Potio Total 154 I Foundation ~ ~a Bath ~. Dinette Basement iE-~ /../.~ Floors ' ~/4/ - K. Walls ~//,¢~/Z c,~,~, nterior Finish ~ ~o,,)~: ~; "- LR. DR. ' ire Place BR. Roof ~.;,~,~,~ ~-- Rooms 1st Floor reation Roor~ ~,ooms 2nd Floor FIN. B. )rivewoy ORIENT COUNTY OF SUFFOLK-(~ !1i I~,. o~ SOUTHOLD P.O, G5 COUNTY OF SUFFOLK (~) J/~T~\',~Real Property lax Service Agency ...... t~' SECTLON NO PROPERTY Jul 09 08 02:07p Ray Nemschick 6317347347 p,5 ZON1/'qO BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of · (~ame of Applica~ls) /' ' AFFIDAVIT OF SIGN POST~[O Regarding Posting of Sign upon Applicant's Land Identified as ,ooo- I0 COUNTY OF SUFFOLK) STATE OF NEW YORK) ILkl~'t- { ¥1A~ ~.~, New York, being duly sworn, del:rose and say ~t: OnCe [b dayof ~} ~ .'~. Ip~rson~lyplac~theTo~sofficial Poster. ~th ~e ~te of hearing and ~e of my application noted ~er~n. sec~ly upon my pro~. Iomted ~n (t0) f~t or closer ~om ~e s~t or fi~t-of-~y (~ve~ay entr~) - ~oi~ the s~t or ~cing each strut or right, f-way en~mce;* and ~t [ her~y ~ffim ~t fl~e Pester t~ remahxed in pla~ for sev~ days ~6or to tk~t ~e of the subject h~ing date. w[fich heating date ~s storm to be S,,vom to before me this (Notary Public) (§ignatur~) ' -" CONNIE D. BUNCH NOfau Public, ~tate of N~v York No. 01BU6185050 Q~alified. ,~Tolk County bommission Expires April 14, 20 / q~. *near the entrance or dnvcwa)~ entrance of my property, as the area most visible to passersby REC IVF JUL 1 0 2008 ~/'77 Postage $0,~ Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee - (Endorsement Required) Total Postage & Fees $5,~. or PO Box NO. Citj6 State, ZIP+4 Postage $0,59 Cerafed Fee $2.70 Return Receipt Fee (Endorsement Required) $2,20 Res~cted Deliver/Fee (Endorsement Requ~req) ~0,00 Total Postage & Fees $ 07110/2008 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restdcted Delivery Fee (Endorsement Required) i ru $2.20 Hem $ $5.32. 07/10/2008 Postage Certifed Fee Return Receipt Fe~ (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $5.~2 or PO BOX NO. JUL 1 0 2008 Jul 09 08 02:07p Ray Nemschick ZONING BOA.RD OF APPEAL8 TOWN OF SOUTHOLD: NEW YORK In ~he Matter of the Application of (Name of Applicants) 6317347347 -. G p.4 AFFIDAVIT OF MflHLINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ¢~ (,L~ ~ ~ ~ ~(([/ . New Yor~ be~ d~y sworn, depose and say t~t~ On theory of '~,.~ (b~ , ~O)~, I ~rsonally 1naJl~ at ~e U~t~ Smt~ Posl Offi~ in ~4/iq ~, *¢tc~ 7 . New Yo[~ by CER~D ~L, ~ ~T ~Q~S~D, a ~e copy of the at~ched ~ Notice in pre. id envelops ad~s~ to o~nt o~ers shox~ ca rte cu~ent ~s~sment roll verified ~om ttm official r~r~ on file ~ ~e (~ Assessom, or ( ) ~unty R~I Prope~' Office , for oreO' pro~ which abut~ mxd is across a public or private ~t, or vehicular right-of-way ofr~or& s~o~diag the applid~t's pro~, (Signamre) Swor~ to before me this ~-~B' Cflay of D-,~-~7 (Notary Public) ,200 ~ PLEASE list, on the back of this Affidavit or on a sheet of paper the 1o~. ntunbers nexl to the .o.amer names and addresses for which notices were mailed, Thank you, · 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 mailpiece,' or on the front if space permits· 1. A~tlcle Addressscl to: ~- ~ Santa Sgarlato 1 Irving Place Apt P9D New York, NY 10003 i-lAddressee If YES, enter delivery address below: No 3. S ice Type ' ~_~ertified Mail [] Express Mail I [] Registered [] Return Receipt for Merchandise [_~[] insured Mail [] C.O.D. -- 7007 0710 0002 2346 3189 · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Nancy Stein 5 Woods Witch Lane Chappaqua, NY 10514 2. Nlicle Number (Transfer from service labe~ 7 0 D 7 [] Agent [] Addressee C. Date of D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. ice Type L ~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 0710 0002 2346 3t96 · Complete ite~ns ii 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 mailpieCe, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery address below: Holly Weingart 1445 E. Gillette Drive E. Marion, NY 11939 2. Article Number (Transfer from service label) 3. Se~ice Type ~"~ertifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restfieted Delivery? (Extra Fee) [] yes ; 3226 7007 0710 0002 2346 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme 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: l~.¢glna Ciarganl PO Box 48 E. Marion, NY 11939 , enter delivery I-I No 3. Selvice Type ~*l~ertified Mail [] Express Mail I [~'Regietered [] Return Receipt for Merchandise ~. [] Insuled Mal~l [] C.O.D~ -- I 4. Restricted DeliveB~? (Extra Fee) [] Yes 2. AdricleNurnber 7007 0710 0002 2346 3219 {Transfer from service label) ..... -- · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme 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: Barbara Pagano PO Box 555 E. Marion, NY 11939 / [] Age~ Add~o.qee s below: [] Insured Mail Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] ye~ 7007 0710 0002 2346 3202 Domestic Return Receipt 102595-02-M-1540 2. Article Number {Transfer from se~ice label) PS Form 3811, February 2004 Nemschick Silverman Architects ~/~IA 1'~R V'I~I ~IITH ~U£KH~AJ~ Nemschick Silverman Architects Nemschick Silverman Architects (~J,'VA TER 5I~E E/..EV~A TION PH - 3 Nemschick Silverman Architects .~c~ ~.~c~ i~ Nemschick Silverman Architects (~51.~E OF HOUSE ANQ ~ARA~E NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME STEIN FAMILY TRUST #6179 MAP # 37-4-10 VARIANCE Setback; Lot Coy. & Yard Loc. REQUEST Additions/Alts. & Garage DATE: THURS, JULY 24, 2008, AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 · 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 20, 2008 Mr. Thomaslsles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6179 Action Requested: Within 500 feet of: Owner/Applicant: STEIN FAMILY TRUST Front Yard Setback; Lot Coverage; Yard Location ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ?/ T/ON '0 AN~ LANL~ING x co*c' O9 H/TH PIeR toff toff SITE IN~O~MATION £~5 6EZ2AR LANE SE~TION: ~7 EAST NAR/ON NY I/~.~q RESIDENTIAL ZONe, R-4~ LOT; I0 ~G~R/PTION REqUIREMeNT EXISTINg/ MINIMUM LOT SIZE: 40,000 SF 1~,174 SF N/N/MUM LOT ~I~TH 150' MINIMUM L~T ~EPTN 175' fie' MINIMUM FRGNT VAN~ ~' 7.5' MINIMUM SlQ~ YAR~ 15' 0.~' EXISTIN~ MINIMUM ~OTH S/~E YAR~S ~' 17' EXISTIN~ M/N/NUN NEAR YAN~ 50' 55.4' EX/STIN~ MINIM~N LIVABLE FLOOR AREA ~0 5F ~XI~UM ~UIL~IN~ H~I~T ~' 20~'' ~XI~TIN~ MAX/MUM NUM~E~ OF ~ TORI~5 2-1/2 I '~ TION LOTS FILE No. S (TO K TAX SURVEY 1135 & MAP OF 'S BAY SE C TION 275 FILE0 SEPT£MBF9 S I TUA TED EAST OWN OF COU No. SCALE 1 APRIL AREA --- BULKHEAD) MARION SOU STATES 1000-5 -20 1 O, 2000 15,174.18 sq. 0.502 ac. 23, 1927 OLD NEW YORK 7-04-10 ff. NOTE: THIS PROPERTY IS IN FLOOD FLOOD INSURANCE RATE MAP ZONE ZONE AE. No. 561 05C0177 AE: BASE FLOOD ELEVATIONS DETERMINED G Nemschick Silverman Architects P.C. the business of ARCHITECTUF[E" 735 Deerfoot Path, Cutchogue, New York I1935 Phone: 631-734-7007 Fax: 631-734-7347 http ://w~vv. n s-a rGb. corn =LOOP PLA/1/IORTH PLAC 56ALE = I = I0-0~ .J'TEIAI AMIL)" 12E./'IPE/ICE TRU../'T- EA.,/'T MAPlO/fl -/17 /NFORNA T/ON ON PLOT PLAN BASE2~ ON SURVEY FROM JOSEPH INfErNO, LAN~ SURVEYOR. SEAL PROJECT TITLE: Y`I/tGLE ~AHILY RE./1DE/1CE 2555 CEDAR LA/lB EA,/T MARlO/I, dY 11959 REVISIONS/SUBMISSIONS DATE DESCRIPTION DISTRICT SECTION: BLOCK LOT: lOOO 57 04 10 DRAWING TITLE PLOT PLA/t CAD FILE NAME. DATE. jULY 50, 2007 SCALE. Ay'/tOTED DRAWN BY: ./c 1555 \ PRELIMI/IARY DEY`IG/'I \ 1555_PLA/'t NSA PROJECT i*, 07-1555 DRAWING NO.. DP-1